Terms & Conditions — Mobile Mechanic Services

Customer acceptance

These terms apply to all inspections, diagnosis, servicing, repairs, call-outs, quotes and parts supplied by Mobile Motive Pty Ltd.

By booking, approving a quote by SMS, email or phone, paying a deposit, supplying keys, or making the vehicle available for work, the customer accepts these Terms & Conditions. The customer warrants they are the owner or authorised person for the vehicle and may approve work.

1. Acceptance of Terms

By booking, approving a quote by SMS, email or phone, paying a deposit, supplying keys, or making the vehicle available for work, the customer accepts these Terms & Conditions. The customer warrants they are the owner or authorised person for the vehicle and may approve work.

2. Quotes, Estimates and Authorised Work

Quotes are based on information supplied, inspection access and visible faults at the time. Hidden damage, seized or rounded fasteners, incorrect prior repairs, leaks, electrical faults, unavailable parts, extra diagnosis, unsafe access or changed customer instructions may increase time and cost.

No extra paid work will be carried out without customer approval unless required to make the vehicle safe or prevent immediate damage. Quotes are valid for 14 days unless stated otherwise.

3. Payment Terms, Deposits and Parts Ordering

Payment is due immediately on completion of work, on issue of invoice, or before release of keys or vehicle if applicable. Mobile Motive Pty Ltd may require a deposit or part payment for booked labour, diagnosis, large jobs, repeat attendance and parts.

If parts are not locally available, special-order, interstate, back-order, dealer-only, wreckers-supplied, electrical/programmed or non-returnable, a parts deposit or full parts pre-payment is required before the parts are ordered.

Deposits may be applied to parts ordered, labour already performed, booking time reserved, administration and reasonable cancellation costs. All prices include GST unless stated otherwise.

4. Discounted Settlement Offers

Any discounted invoice or settlement amount is offered strictly to resolve the account quickly and is valid only for the written time stated, or 5 calendar days if no time is stated.

If not paid within that period, the discount may be withdrawn and the full approved invoice or quote balance, less any payments received, becomes payable.

5. Postponed Jobs, Weather, Parts and Illness

Mobile mechanic work can be affected by weather, safe work conditions, parts availability, vehicle location, tool access, unforeseen faults, emergency breakdowns and technician illness or injury.

If work must be postponed for a genuine operational, safety, weather, parts or illness reason, Mobile Motive Pty Ltd will contact the customer and offer the earliest reasonable return booking.

A postponement does not automatically cancel the contract or remove the customer's liability for authorised work already performed, diagnosis completed, parts supplied or ordered, or reasonable costs already incurred.

6. Customer Cancels, Delays or Goes Elsewhere

If the customer cancels after approval, prevents access, fails to provide keys or security codes, changes the job after arrival, or engages another repairer after Mobile Motive Pty Ltd has started or reserved the job, the customer remains liable for all authorised labour performed, call-out/diagnosis, parts supplied or specially ordered, consumables, travel where applicable, and reasonable lost booking/admin costs caused by the cancellation or delay.

Where a fixed quote was approved and the job was already commenced, the amount invoiced will be a fair and reasonable amount for the work, parts and loss incurred, capped at the approved quote unless further work was authorised.

7. Non-Payment and Recovery

Invoices unpaid after the due date may result in suspension of further work, cancellation of future bookings, withdrawal of discounts, and recovery action.

The customer agrees to pay reasonable debt recovery costs, court filing fees, service fees, collection costs and legal costs incurred in recovering overdue amounts, to the extent permitted by law.

Mobile Motive Pty Ltd may issue written demand, refer the debt to a collection agency, lodge a civil claim, or use any lawful recovery process. Part payment does not prevent recovery of the balance.

8. Customer-Supplied Parts, Used Parts and Limited Indemnity

Mobile Motive does not provide any product warranty for parts supplied by the customer. Any warranty relating to the supplied part must be pursued by the customer directly with the part’s seller, supplier or manufacturer.

Mobile Motive remains responsible for performing its installation services with due care and skill as required by the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any non-excludable consumer guarantee, statutory right or remedy that applies under Australian law.

No warranty is provided by Mobile Motive on customer-supplied parts, second-hand parts, incorrect parts, parts not supplied by Mobile Motive Pty Ltd, or faults caused by those parts. Labour to diagnose, remove, refit or replace failed, incorrect, incompatible or unsuitable customer-supplied parts is chargeable.

The customer releases and indemnifies Mobile Motive Pty Ltd only for loss, damage, delay, additional labour, diagnosis, towing, rework or third-party costs caused by a defective, incorrect, incompatible, unsuitable, used, contaminated, incomplete or unsafe customer-supplied part.

This release and indemnity does not apply to negligent installation by Mobile Motive, wilful misconduct by Mobile Motive, or breach of a non-excludable consumer guarantee. The allocated risk is limited to matters caused by the part supplied or selected by the customer and does not remove Mobile Motive’s responsibility for the workmanship it supplies.

Wreckers or used parts carry only the supplier warranty, if any. The customer should confirm part numbers, compatibility, return rights and warranty conditions with the seller before requesting installation.

9. Safety, Access and Vehicle Condition

The customer must provide safe, legal and suitable access to the vehicle, including level ground, adequate space, permission to work at the location, and disclosure of known hazards.

Work may be refused, stopped or rescheduled if conditions are unsafe, the vehicle is unstable, contaminated, illegally parked, inaccessible, or the repair would be unsafe or unlawful.

Additional diagnosis may be required where faults are intermittent or where previous work has affected the vehicle.

10. Warranty, ACL Rights and Right to Remedy

Nothing in these Terms limits rights that cannot be excluded under the Australian Consumer Law, including consumer guarantees that services are supplied with due care and skill, fit for any purpose made known, and within a reasonable time where no time is agreed.

If the customer alleges defective work, warranty failure or a service issue, the customer must notify Mobile Motive Pty Ltd in writing as soon as reasonably possible, stop using the vehicle where continued use may cause damage or safety risk, and give Mobile Motive Pty Ltd a reasonable opportunity to inspect, diagnose and rectify the issue where reasonable and legally required.

The customer may obtain an independent written diagnosis or second opinion for evidence; doing so does not void warranty.

However, if another repairer alters, removes, repairs, replaces, reassembles, clears fault codes, modifies or otherwise interferes with the relevant work or parts without prior written notice to Mobile Motive Pty Ltd and without giving a reasonable opportunity to inspect or remedy, any warranty or claim may be refused or limited to the extent permitted by law where that third-party work prevents verification of the cause, increases loss, or denies Mobile Motive Pty Ltd the opportunity to provide a lawful remedy.

Urgent safety repairs are excepted, but the customer must keep old parts, invoices, photos and diagnostic records where reasonable.

11. Warranty Exclusions, Disputes and Public Statements

Any express warranty offered by Mobile Motive Pty Ltd is additional to rights that cannot be excluded under the Australian Consumer Law. A warranty claim may be limited or unavailable only to the extent the issue was caused or made worse by misuse, normal wear, an unrelated fault, contamination, lack of maintenance, continued driving after a warning, unauthorised modification, a customer-supplied part or third-party interference.

A customer should raise a dispute in writing as soon as reasonably practicable after discovering the issue and provide available photos, invoices, diagnostic reports and other relevant evidence. A delay does not automatically remove a valid ACL right, although Mobile Motive is not responsible for avoidable additional damage caused by continued use after the customer knew or reasonably should have known the vehicle was unsafe.

Reviews or public statements should be honest, factual and not misleading or defamatory.

12. Vehicles Taken to Our Garage or a Specialist Facility

Some repairs cannot be completed safely or effectively at the customer’s location. This may include work requiring a vehicle hoist, controlled workshop conditions, extended dismantling, welding, machining, programming, secure storage or protection from weather. With the customer’s approval, Mobile Motive may take the vehicle to our garage, an approved workshop or an authorised specialist facility.

By approving relocation, the customer authorises Mobile Motive and its authorised personnel to drive, load, tow or transport the vehicle; move it within the repair premises; store it while awaiting parts, instructions, payment or collection; conduct reasonable diagnostic and post-repair road tests; and deliver the vehicle or its components to an authorised specialist. This authority does not permit unnecessary personal use of the vehicle.

Except where immediate relocation is reasonably necessary to protect people or property, Mobile Motive will obtain approval before relocating the vehicle.

13. Registration, Roadworthiness and Road Testing

The customer must tell Mobile Motive if the vehicle is unregistered, uninsured, subject to a defect or movement restriction, unsafe to drive, fitted with an interlock or immobiliser, or covered by a policy that restricts permitted drivers. Mobile Motive may refuse to drive a vehicle that is unsafe or unlawful to operate and may require lawful towing or recovery.

The customer authorises reasonable road testing where required to reproduce a fault, complete a drive cycle or relearn, check repair quality, or verify the operation of the engine, transmission, driveline, brakes, steering, suspension or safety systems. Road testing will be limited to what is reasonably necessary.

14. Vehicle Condition and Personal Property

Where reasonably practicable, Mobile Motive may record the vehicle’s odometer, fuel level or battery charge, warning lights and visible exterior or interior condition before taking custody. Photographs or video may be taken for condition reporting, repair documentation, warranty assessment and insurance purposes.

The customer must remove cash, tools, electronic devices and other valuables. Mobile Motive will exercise reasonable care but is not responsible for undisclosed personal property unless the loss or damage was caused by our negligence or breach of a non-excludable legal obligation.

15. Towing, Transport, Specialists and Storage

Unless specifically included in the accepted quote, towing, recovery, freight, tolls, vehicle transport, machining and specialist charges are additional costs. Customer approval will be obtained before a material additional cost is incurred, except where immediate action is reasonably necessary to protect people or property.

Mobile Motive may arrange services from qualified towing providers, machinists, auto electricians, transmission specialists, programmers and other specialist providers where reasonably required. Where Mobile Motive contracts with the provider as part of the authorised repair, Mobile Motive will manage that service with reasonable care and remain responsible to the extent required by law.

The customer must collect the vehicle or approve return delivery within a reasonable period after notice that work is complete, further work has been declined, work cannot proceed or payment is due. Disclosed and reasonable storage charges may apply after written notice. Any repairer’s lien or right to retain possession will only be exercised where legally available, and Mobile Motive will comply with applicable South Australian requirements for uncollected vehicles and goods.

16. Insurance and Responsibility for Customer Vehicles

Mobile Motive maintains business insurance relevant to its operations, subject to the terms, limits, conditions, excesses and exclusions of the applicable policies. The existence of insurance does not automatically establish liability, guarantee that every type of loss is insured, replace the customer’s own vehicle insurance or expand Mobile Motive’s liability beyond the contract or applicable law.

Mobile Motive will take reasonable care of a customer vehicle while it is in our possession or control. Nothing in this clause excludes liability for Mobile Motive’s negligence, breach of contract or failure to comply with a non-excludable consumer guarantee.

The customer remains responsible for maintaining any vehicle insurance they consider appropriate and must disclose any restriction affecting transport, storage or road testing. Mobile Motive’s insurance does not replace the customer’s comprehensive, third-party property, compulsory third-party or other vehicle insurance.

17. Accidents, Theft, Damage and Insurance Claims

If a significant incident occurs while a vehicle is in Mobile Motive’s custody, Mobile Motive will take reasonable steps to protect people and property, secure the vehicle, document the circumstances, notify the customer within a reasonable time, notify an insurer or authority where appropriate, and cooperate with a legitimate investigation.

Responsibility will be assessed according to the facts, applicable law and relevant insurance policies. Mobile Motive will not make a false, premature or unsupported admission of liability. No customer will automatically be charged an insurance excess merely because an incident occurred; responsibility for any excess or uninsured loss will depend on causation, the applicable policy, the contract and the law.