Terms & Conditions

ACCEPTANCE OF THE TERMS AND CONDITIONS

These Terms & Conditions must be accepted prior to Just Autos proceeding with work on your vehicle.  If you continue with Just Autos undertaking work on your Vehicle

You may not be aware that upgrading your new vehicle with aftermarket components may void your Vehicle Manufacturer’s Warranty. This is especially true with performance-based upgrades.

The commencement date of these Terms & Conditions will be the date the Customer signs or electronically accepts these Terms & Conditions.

1.DEFINITIONS

For the purposes of these Terms & Conditions the following words have the specific meaning as set out below:

the Act means the Disposal of Uncollected Goods Act 1967 (QLD)

ADRs means the Australian Design Rules.

Collection Notice has the meaning ascribed to in in clause 8.

Consequential Loss means any consequential loss or damage that is not directly related to the fitment or Failure of the Performance Package, including but not limited to any loss of business opportunity, hire car or accommodation costs, loss of production; or loss of revenue.

Customer means the customer described in the Customer Job Card.

Customer Acknowledgement Form means the form signed by the Customer in relation to the disposal of uncollected goods.

Customer Supplied Parts has the meaning ascribed to in in clause 6.

Final Amount Owing has the meaning ascribed to in in clause 8.

Invoice means any invoice(s) issued by Just Autos to the Customer for the works carried out to your Vehicle.

Manufacturer’s Warranty or Vehicle Manufacturer’s Warranty means any new Vehicle warranty provided by the manufacturer of your Vehicle.  

Modifications means any work conducted on or in relation to a vehicle, including any performance or other modifications such as ECU remapping, engine chip tuning or replacement, exhaust gas re-circulation, removal or modifications to diesel particle filters or any other mechanical work.

Outstanding Amount has the meaning ascribed to in in clause 8.

Parties mean we, us, our and you or your.

Performance Package means the performance products fitted by Just Autos.

Privacy Act means the Privacy Act 1988 (Cth).

Surplus Amount has the meaning ascribed to in in clause 8.

Terms & Conditions means these terms and conditions of carrying out work (standard conditions of sale) as updated from time to time (current version to be displayed on our website linked here www.justdieselperformance.com.au).

Toyota authorised dealer means a dealer listed as a Toyota authorised dealer on www.toyota.com.au

Vehicle means the vehicle described in the Customer Job Card.

Vehicle Manufacturer means a business engaged in the business of manufacturing or assembling new motor vehicles, including, for example, Toyota.

we, us, our means Just Autos.

you, your means the person named in the Customer Contract and Declaration as the purchaser and owner of the vehicle.

2. STANDARD TERMS AND CONDITIONS

Terms and Conditions for proceeding with work carried out by Just Autos

You acknowledge and agree that prior to giving us authority to carry out any work on your vehicle, we advised you and made you aware that Modifications to your vehicle can have negative or adverse consequences including (but not limited to):

(a). Vehicle Manufacturer’s Warranty or other warranties being void or otherwise adversely affected; 

(b) insurance policies for your vehicle being invalidated, void or otherwise adversely affected;

(c) the vehicle becoming non-compliant with any relevant laws, regulations or requirements of any authority;

(d) The collection of your vehicle is subject to the provisions of the Disposal of Uncollected Goods Act 1967.

3. Notwithstanding the disclosure referred to in this clause 2 and elsewhere in these Terms & Conditions, you instruct us to proceed with the work and services. Therefore, as the Customer, you are accepting complete responsibility for all negative or adverse consequences that are directly or indirectly related to the services, including but not limited to Modifications. You agree to release us from all claims suffered or incurred by you as a direct or indirect consequence of the work being performed on your Vehicle.

3.MODIFICATION

3.1 You acknowledge and agree that prior to giving us authority to carry out any work on your Vehicle, we advised you and made you aware that Modifications to your Vehicle can have negative or adverse consequences including, but not limited to:

• Vehicle Manufacturer’s Warranty or other warranties being void or otherwise adversely affected;
• insurance policies for your vehicle being invalidated, void or otherwise adversely affected; and
• the vehicle becoming noncompliant with any relevant laws (including but not limited to the ADRs), regulations or requirements of any authority.

3.2 When modifying your vehicle Just Autos may install aftermarket components that do not meet the requirements of the ADRs or relevant State and Territory legislation. These components are specifically designed for off-road or motorsport use only. If aftermarket parts, Modifications, or motor vehicles do not comply with the relevant ADRs (as adopted by the relevant state and territory legislation), they may be deemed unroadworthy and liable to be de-registered. Additional penalties such as fines may also be imposed by the relevant regulatory authority. It is your responsibility to check with your local roads authority to ensure that your Modifications comply with all applicable laws and regulations and remains roadworthy prior to driving the vehicle on public roads.

3.3 The use of non-compliant components on vehicles operated on public roads may lead to fines, de-registration or an inability to re-register the modified vehicle. Non-compliant parts may also render your vehicle un-insurable. By using the services of Just Autos, you acknowledge and agree that Just Autos shall not be held liable for any damages, losses, or legal consequences arising from the use of non-compliant aftermarket components or parts on public roads. The Customer assumes full responsibility for ensuring that their Vehicle Modifications comply with all applicable laws and regulations and remains roadworthy.

3.4 It is recommended that you consult with your insurer and inform them of all aftermarket modifications. These modifications can significantly impact your Vehicle insurance, potentially leading to higher premiums or making it difficult or impossible to insure your Vehicle. Failure to disclose vehicle modifications may void your insurance policy, result in denied claims, or lead to insurance cancellation if the modifications are non-compliant or increase repair costs. Specialty insurance may be required. Just Autos is not responsible for and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any insurance issues that may arise from using our services including but not limited to Modifications.

3.5 Just Autos are not responsible for, and you release us from any claims relating to any future issue or problem that arises with the Vehicle that is directly or indirectly related to the Modifications or a result of the Modifications.

4. VEHICLE MANUFACTURER’S WARRANTY

4.1 You are encouraged to consult with the Vehicle Manufacturer to ensure any changes or Vehicle Modifications are suitable for your specific Vehicle and do not affect your Manufacturer’s Warranty.  Just Autos assumes no legal responsibility for any Manufacturer’s Warranty being voided or claim being denied by the Vehicle Manufacturer as a result of any aftermarket Modifications performed by Just Autos.

4.2 It is your responsibility to make such enquiries outlined above in clause 4.1 prior to giving us authority to carry out any work on your Vehicle.

5. VEHICLE REGISTRATION & CURRENT INSURANCES

5.1 All vehicles intended for use within the premises of Just Autos must be registered, insured and documented prior to commencing any work activities. This registration process aims to ensure the proper identification and authorization of vehicles present on the premises. By agreeing to operate within the facilities of Just Autos, all vehicle owners and operators acknowledge and agree to adhere to the requirements of this clause.

5.2 Just Autos has the right to refuse to work on any Vehicle that is unregistered or uninsured and the Customer has a positive obligation to provide proof of currency of insurance and registration to Just Autos prior to Just Autos carrying out any work on a Vehicle.

6. CUSTOMER SUPPLIED PARTS

6.1 We may install parts on your Vehicle that you have supplied (Customer Supplied Parts). However, we reserve the right to decline any request to install Customer Supplied Parts in our absolute discretion.

6.2 We cannot guarantee the quality or performance of any Customer Supplied Parts or the labour to install them should the Customer Supplied Parts fail. To the maximum extent permitted by law and without limiting clause 6.1, Just Autos excludes any and all liability to you in connection with any loss or damage you suffer or incur as a result of Just Autos installing Customer Supplied Parts.

7.PRE-EXISTING VEHICLE CONDITION

The Customer acknowledges that the mechanical condition of the Vehicle will be inspected prior to commencement of any work or Modifications. Just Autos shall not be liable for the repair or cost of any pre-existing issues, (whether identified during the pre-inspection or not), following completion of Modifications. It is the Customer’s sole responsibility to ensure the Vehicle is free from underlying faults prior to the commencement of Modifications. The Customer further acknowledges that mechanical issues may arise after Modifications are completed, which are not caused by or attributable to the work performed by Just Autos.

8. COLLECTION, STORAGE AND DISPOSAL OF VEHICLE

8.1 Payment for works and services to your Vehicle is subject to these Terms & Conditions and terms of the relevant invoice(s) and must be made prior to collection of your Vehicle.

8.2 Once the works and services to your Vehicle are completed you will be contacted to collect your Vehicle; a date for collection will be agreed between the Parties.

8.3 Just Autos will require an adequate amount of time to carry out work on the Vehicle (please refrain from returning to collect your vehicle unless notified by a Just Autos staff member), we will do the best we can to get your Vehicle back to you in a timely manner however we will not be able to provide definitive timelines due to potential unforeseen circumstances. Just Autos will not be liable for any losses or damages due to Customer time constraints.

8.4 The collection of your vehicle is subject to the provisions of the Act.  Uncollected vehicles or parts may be sold after 6 months under the Act.

8.5 You acknowledge that a notice is displayed at our premises as required by section 6 of the Act and that acceptance of the Vehicle by us confers upon us a lien and a right of sale in accordance with the Act. This legislation gives mechanics the right to retain a vehicle until the bill for repairs is paid. Under the legislation, if the bill is not paid and the vehicle collected within six (6) months, Just Autos may issue a notice under the Act and proceed with disposal to recover outstanding costs, including storage and repair charges, as set out further below in this clause 8.

8.6 Payment and Collection

The Customer agrees that payment for all works and services performed on the Vehicle shall be made in full prior to collection, in accordance with these Terms & Conditions and the relevant invoice(s). Upon completion of works, Just Autos will notify the Customer and a collection date will be agreed.

8.7 Storage and Risk

If the Vehicle is not collected on the agreed date and no alternative arrangement is communicated by the Customer, Just Autos will issue a written notice confirming the Vehicle is ready for collection (Collection Notice).  If the Vehicle remains uncollected 14 days after the Collection Notice:

(a) A daily storage fee of $50 will apply until collection or disposal.

(b) The Customer must pay all outstanding fees, including towing and storage charges if applicable (Outstanding Amount).

(C) The Vehicle will be stored at the Customer’s risk, and the Customer indemnifies Just Autos against any loss, damage, or claim arising from such storage.

8.8 Disposal of Uncollected Vehicles

If the Vehicle remains uncollected for a period of six (6) months following the Collection Notice, Just Autos may proceed to disposal of the Vehicle under the Act, including, but not limited to:

• issuing a statutory notice of intention to sell;
• applying to a court for authorisation if charges exceed $110;
• advertise the Vehicle for sale in a state-wide and local newspapers describing the uncollected Vehicle;
• 28 days after the date of the advertisement, selling the Vehicle at public auction to recover the Outstanding Amount and any further costs incurred (Final Amount Owing).

8.9 Agency and Sale Proceeds

The Customer appoints Just Autos as agent for the purpose of selling or disposing of the Vehicle under the Act. Just Autos may sign any necessary documents on the Customer’s behalf, including a notification of change of ownership. Any surplus proceeds (Surplus Amount) from such sale will be held on trust for fourteen (14) days. If unclaimed, the Surplus Amount will be transferred to the Public Trustee.

8.10 You acknowledge that you will sign a Customer Acknowledgement Form.

9. LIEN OVER VEHICLE

9.1 You acknowledge and agree that we may, in our absolute discretion, exercise a lien over your Vehicle and/or the Parts until all monies due and payable to us are paid in full. This includes the right to retain and dispose of removed components not collected at the time of Vehicle collection, which may incur disposal or freight charges at Just Autos’ discretion.

9.2 You acknowledge that any components removed from Vehicle during work carried out that are not collected at time of Vehicle collection can and will be subject to disposal or freight charges at Just Autos discretion.

10. NO AFFILIATION

Just Autos are not affiliated with, endorsed by, or associated with Toyota. Any reference to Toyota at any time is solely for informational purposes and does not imply any partnership, sponsorship, or affiliation in anyway whatsoever.

11. PHOTOS AND VIDEOS

You acknowledge and agree that Just Autos is entitled to take photographic and video recordings of your Vehicle including the works at various, and all stages and completed for marketing and training purposes and for any other commercial reason that the records may be kept as Just Autos records for future reference and use. This includes but is not limited to the use of such materials on the Just Autos website, social media platforms, digital and print advertising, and marketing materials. The Customer acknowledges that they have no expectation of privacy or confidentiality regarding the use of these materials and releases Just Autos from any liabilities arising from such usage.

12. PRIVACY & PERSONAL INFORMATION

12.1 We agree at all times to comply with the National Privacy Principles as set out in the Privacy Act and any other applicable legislation or privacy guidelines.

12.2 Personal information that we collect about you is protected under the Privacy Act and the Australian Privacy Principles. We collect information about you to:

• administer and manage the products or services we provide, including responding to your queries and determining, assessing and verifying any claims you may make;
• provide you with information about other products or services that may be of benefit to you (unless you tell us that you do not wish us to do so); and
• facilitate our internal business operations, including updating internal databases, conducting consumer satisfaction surveys, fulfilling regulatory and legal requirements and system testing. If you do not provide the information sought by us from time to time, it may affect our ability to provide you with, and administer, our products or services. We may disclose your information to our agents, consultants, auditors, contractors, contracted staff or service providers that provide financial, legal, administrative or other services. Personal information is not usually disclosed outside Australia. Our privacy policy contains information about how you can request access to any personal information that we hold about you and seek correction of any such information. It also contains information about how you can complain about our handling of your personal information, and our complaint handling process. You can access a copy using the contact details at the end of this policy, or at the website: justdieselperformance.com.au

12.3 This clause will survive the termination, cancellation or expiry of the Terms & Conditions.

13. OTHER RIGHTS & AUSTRALIAN CONSUMER LAW

13.1 These Terms & Conditions are not intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

13.2 These Terms & Conditions do not limit the Australian Consumer Law statutory consumer guarantees in any way. In some circumstances your rights under the Australian Consumer Law statutory guarantees may be greater than your rights under these Just Autos Terms & Conditions, in which case Just Autos will always honour your rights under the Australian Consumer Law statutory consumer guarantees.

13.3 Subject to clause 14 and to the extent permitted by the Australian Consumer Law and relevant State legislation, our sole obligation under these Terms & Conditions is to use our best endeavours to provide the products and services or repair the vehicle in accordance with your instructions.

14. BUSINESS TRANSACTIONS AND THE AUSTRALIAN CONSUMER LAW
    
    14. 1 In circumstances where the Customer is a business or using a Vehicle for commercial use, if they are acquiring goods or services not ordinarily for personal, domestic or household use or consumption, the liability of Just Autos for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:

• In the case of goods: the repair or replacement of the goods, or the payment of the cost of repair or replacement.
• In the case of services: the re-supply of the services, or the payment of the cost of re-supply.

14.2 This limitation applies only to the extent permitted by Section 64A of the Australian Consumer Law and is subject to the reasonableness test.

14.3 Subject to clause 14.1, we are not responsible for any loss caused by any defect or error in goods or products supplied to us by a third party or that were supplied to us by you.

15. ACCEPTANCE AND UNDERSTANDING

15.1 By engaging Just Autos for services, you acknowledge and agree to these Terms & Conditions.

15.1 In respect of the subject matter of the Terms & Conditions each of the Parties has relied entirely on its own enquiries before entering into the Terms & Conditions.

16. LIMITATION OF LIABILITY

To the extent permitted by law, Just Autos, its officers, directors, staff, affiliates, and assigns, excludes any liability, including but not limited to liability for negligence, for any loss, including direct, special indirect or consequential damages or losses arising from or in relation to the use of our services including but not limited to, Modifications and Performance Packages.

17. CONSEQUENTIAL LOSS.

To the full extent permitted by law, Just Autos disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.  To the fullest extent permissible by law, Just Autos will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with these Terms & Conditions. Further, the full extent permissible by law, Just Autos aggregate liability arising out of or in connection with these Terms & Conditions will not exceed the total amounts you have paid (if any), to Just Autos over the twelve (12) months immediately preceding the events giving rise to such liability.

18. CHANGES TO THE TERMS &CONDITIONS We may update these Terms & Conditions from time to time (current version to be displayed on our website linked here www.justdieselperformance.com.au), you should check this page regularly to take notice of any changes. Your continued use of use of the services of Just Autos following the posting of the revised Terms & Conditions means that you accept and agree to the changes.
19. GOVERNING LAW AND JURISDICTION

These Terms & Conditions are governed by the laws of the State of Queensland, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the state of Queensland.

20. QUESTIONS
    
    For any questions or clarifications regarding these Terms & Conditions, please contact Just Autos at:

• Phone: +61 (07) 5476 0066
• Email: sales@justautosmechanical.com.au
• Website: www.justdieselperformance.com.au