The terms that govern your use of our website and your engagement of our diesel mechanic and heavy vehicle repair services.
These Terms and Conditions ("Terms") govern your use of the website located at southerndieselmechanicalpty.site ("Site") and your engagement of any services provided by Southern Diesel & Mechanical Pty Ltd (ABN 85 697 010 834 / ACN 697 010 834) ("Southern Diesel", "we", "us", or "our").
By accessing our Site, engaging our services, or requesting a quote, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Motor Vehicle Repairers Act 2003 (WA), the Road Traffic (Vehicles) Act 2012 (WA), and any applicable workplace health and safety legislation.
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Southern Diesel & Mechanical provides diesel engine repairs, truck and heavy vehicle servicing, fleet maintenance programmes, electronic diagnostics, brake and suspension work, and plant/earthmoving equipment mechanical services. Service availability, parts lead times, and workshop capacity may vary.
All mechanical work is performed by qualified tradespeople in compliance with the Motor Vehicle Repairers Act 2003 (WA) and all applicable Australian Standards.
Nothing on this Site constitutes mechanical, engineering, or safety advice. Content relating to vehicle maintenance is general in nature.
All service engagements are subject to acceptance by Southern Diesel & Mechanical. Quotes are provided based on initial inspection and diagnosis; additional work identified during the repair process will be communicated and quoted before proceeding.
Vehicles must be collected within 5 business days of notification that work is complete. We reserve the right to charge a reasonable storage fee for vehicles not collected within this period.
We exercise a repairer's lien over any vehicle in our possession until all outstanding charges have been paid in full, as permitted under common law.
Risk of loss or damage to a vehicle remains with the Customer except while the vehicle is in our direct care in the workshop, during which time we maintain appropriate insurance cover.
All repairs and services performed by Southern Diesel & Mechanical are warranted for a period of 12 months or 20,000 kilometres (whichever occurs first) from the date of completion, covering defects in workmanship and parts supplied by us. This warranty does not cover:
This warranty is in addition to, and does not limit, your rights under the Australian Consumer Law.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are provided with due care and skill, are fit for purpose, and are supplied within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
All intellectual property rights in the content of the Site — including text, graphics, logos, and software — are owned by or licensed to Southern Diesel & Mechanical. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Subject to clause 8 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless Southern Diesel & Mechanical, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with a service engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate a fleet account or ongoing service arrangement by providing written notice as specified in the relevant agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Southern Diesel & Mechanical to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written service or fleet agreement and our Privacy Policy, constitute the entire agreement between you and Southern Diesel & Mechanical with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: