Inspection & Supply of Services

Please take the time to read these terms & conditions.

Inspection and Supply of Services Terms and Conditions

 

  1. What Can I Expect from an Inspection?

    ASAP Roadworthys takes pride in performing reliable roadworthy and pre-purchase inspections performed by licensed examiners. It is important that as a customer, you are aware that a roadworthy inspection or pre-purchase inspection is not the same as a comprehensive inspection.

 

  1. How We Perform an Inspection

 

In accordance with legislation, our Licensed Examiners perform professional and thorough visual inspections of the vehicle. It is important to be aware that not every possible fault or defect in a vehicle will be apparent, even to a trained professional conducting a visual inspection. Certain inspection items which may include the testing of brakes, gear shifting, lights, indicators, and window switches, are inspected by operating those particular components. It is important to know that not all faults in function items may be reasonably apparent or ascertainable during a roadworthy inspection or pre-purchase inspection. It is possible that a tested or inspected item performs normally during the inspection but may later malfunction. It is not possible for an Examiner to determine if an inspected item (whether visually examined or examined by operation) will produce a fault or malfunction at some time after the inspection is performed. All of our licensed examiners are trained to utilise the industry standards and methods of inspection in the detection of faults, defects, or malfunctions. In addition to making an assessment based on the visual inspection of the vehicle and applicable components, a licensed examiner may evaluate the vehicle condition using other means of identification such as the presence of irregular sounds, performance, and operation (on a road test, and where applicable).

It is important that you understand that neither the licensed Examiner, nor ASAP Roadworthys, its employees, agents, heirs, assigns, directors, sub- contractors, or related bodies corporate (‘Indemnified Parties’) can be responsible, nor held liable for any defects, faults, or malfunctions of vehicle components that are:

  • not ascertainable by a licensed examiner, acting with a reasonable level of care and skill as determined by the relevant industry, from time to time, during a visual inspection or operation function test;

  • not items specifically included as an ‘Inspected Item’ in accordance with the particular type of inspection you have requested;

  • not items you have specifically requested to be inspected in addition to the standard ‘Inspected Items’;

  • not faulty, defective, or malfunctioning at the time of the inspection;

  • later discovered by you, or any other individual after the conclusion of the inspection that a licensed examiner, acting with reasonable care and

  • skill, given the specific nature of a visual inspection and/or basic operation function test would not have reasonably identified at the time of the inspection.

  1. Customer Considerations and Risk to Prospective Purchasers of a Vehicle

    Due to the inherent limitations on the ability to detect or analyse certain types of faults, defects, or malfunctions (i.e., those that may be internal, concealed, hidden, or not audible within the limitations of the environment or road test (where applicable)), purchasing a vehicle without any warranty may expose the purchaser to certain risks.

    Prospective purchasers of a vehicle should take into consideration factors that will play a role in the over-all condition of the vehicle. These factors include (but are not limited to) the age of the vehicle, the number of kilometres on the vehicle, if the vehicle has previously been utilised in a commercial setting, a history of accidents and repairs, how the vehicle has been stored, and the environment the vehicle has been operated in. We take every reasonable effort to identify faults, defects, malfunctions, or other matters that may be of concern, however, you acknowledge that same may not be detectable based on a visual assessment.

    Older vehicles may contain serious internal, structural, or mechanical defects or hidden corrosion which cannot be readily ascertained during a roadworthy or pre-purchase inspection and may also be less reliable or require more frequent repairs and servicing than more modern vehicles, or vehicles that have operated for fewer kilometres. If you are considering the purchase of a second-hand vehicle that may be older or has been subjected to some of the factors that may result in that vehicle enduring greater than average wear-and-tear, you must understand and accept that additional or more frequent than average servicing or repairs is a distinct possibility when owning an older or heavily used second-hand vehicle.

    In being aware of these factors, it is important to understand that our examiners will complete a pre-purchase inspection report taking these, and other common wear and tear factors into consideration when making their assessment.

 

  1. What We Inspect

    It is critical that you understand that the pre-purchase vehicle inspection report only relates to the condition of the vehicle at the time it was inspected by us.

    Our pre-purchase inspections broadly speaking, include a visual inspection of the vehicle’s exterior condition, interior condition, condition of the engine department generally, tyres, wheels, drive train, certain brake components, and the undercarriage of the vehicle to the extent it is possible to visibly inspect it given the environment, safety considerations, and the height of the vehicle from the ground. Where safe to do so, and at the sole discretion of the licensed examiner, the vehicle may be taken on a road test to examine certain operational functions of the vehicle.

    We only inspect the items listed on the roadworthy or pre-purchase inspection checklist, or any items you specifically request to be inspected (where possible) at the time of inspection. If you request for a specific item that is not ordinarily included on the inspection checklist to be inspected, you must ask the licensed examiner to make specific note of it and include it on the inspection checklist. It is up to the sole discretion of the licensed examiner as to whether or not a specific request for an item to be inspected (that is not ordinarily included on the inspection checklist) can be inspected by them. If an item is not listed on the inspection checklist, including an item you specifically discussed, you must operate on the presumption that the item has not been inspected.

    Road tests, where determined as reasonable or safe to do so by the licensed examiner, will only be performed up to the maximum speed limit in the immediate area of the place of inspection. It is important to understand that some faults, defects, or malfunctions, such as those pertaining to wheel bearings, vibrations, or engine performance generally, will not necessarily be evident at certain speeds, and may only become apparent at high speeds. If the licensed examiner determines during a road test (where applicable) that it is unsafe to take a vehicle to a certain speed (irrespective of the speed limit in that area), certain faults, defects, or malfunctions may not be apparent or evident to the examiner during that part of the inspection.

 

  1. What We Do Not Inspect (Exclusions)

 

ASAP Roadworthys performs roadworthy and pre-purchase inspections in accordance with applicable industry standards and industry accepted methods of testing and examination. Our inspections are based on an external visual inspection of the vehicle and examinable components.

We do not dismantle or remove components, panels, or assemblies on a vehicle during an inspection, which includes both the external and internal components of a vehicle. ASAP Roadworthys offers mobile roadworthy, pre-purchase, and gas inspections, but does not offer mobile complete mechanical or physical evaluations of a vehicle where the dismantling, or removal of parts, components, or assemblies is required in order to assess a particular component. If you are seeking a complete inspection that may require extensive testing or examination beyond what is described in these terms or otherwise as included on the inspection checklist, you will need to seek out an alternative service provider. We will not remove, move, or install a child seat. If an inspection item requires that a child seat be moved, we will not be able to inspect that particular area of the vehicle.

 

We may not be able to inspect all vehicles, and gas, caravan, heavy-duty, or motorcycle inspections will be subject to the availability of the appropriately licensed examiner. Some vehicles may not be able to be inspected in certain weather conditions or locations. If an inspection is unable to be performed for this reason, the licensed examiner has the sole discretion to elect to re-schedule the inspection to a different time or location.

 

If a certain vehicle requires specialised tools not ordinarily required to perform a roadworthy or pre-purchase inspection, the examiner may request that the examination take place at our workshop (on the provision we have the required specialised tools). Where possible, we will advise you if the vehicle likely needs to be inspected at our workshop prior to the inspection taking place.

 

A roadworthy or pre-purchase inspection does not inform you about hidden or concealed faults, defects, or malfunctions, intermittent faults, defects, or malfunctions that did not present at the time of the inspection, faults, defects, or malfunctions that cannot be ascertained by a visual inspection, or without dismantling components of the vehicle, or faults, defects, or malfunctions that manifest at any time after the completion of the inspection.

 

For the avoidance of doubt the items that form a part of this paragraph are not included in a roadworthy or pre-purchase inspection: oil and fuel consumption, source of oil leaks, the buildup or potential buildup of sludge on the oil pump strainer, engine cylinder compression, vehicle electrics and electrics requiring specialised or specific diagnostic equipment, bodywork water leaks and their source, odometer accuracy, timing belt/chain, cam belt, wheel alignment, the life expectancy of exhaust systems, clutches, or dual mass flywheels, the operation of cassette, CD, or MP3 Players, TV’s, DVD’s, Bluetooth or any other in car entertainment or media system, sound or radio reception, the operation of a navigation (programmed or satellite), alarm systems or anti-theft devices, the accuracy or in-car systems, child seats, exhaust emissions, using gas analysing equipment, catalytic converters, LPG systems, air conditioning efficiency using specialised diagnostic equipment, the habitation area of motorhomes or the campervan section of the vehicle or caravan, vehicle batteries other than starting (including auxiliary, hybrid power, electric power, or remote controls), the quality or fastness of any previously done repairs, manufacturer or statutory recalls, non-standard accessories (i.e., after-market or accessories installed as a result of personal modifications or otherwise), any documents within the vehicle including service records, the vehicle owner’s manual, damage reports or repair records, and we do not prepare those documents or verify their accuracy and will not make any assessment as to whether those contents are accurate, and 4WD and AWD systems that are not able to be manually engaged, and manually engaged 4WD systems may only be checked during a road test, and may only be assessed based on whether the system engages when engaged to do so by the licensed examiner. Our licensed examiners will not remove any baby seats, seat covers, steering wheel covers, dash mats, or other types of covers prior to or during the inspection. If an item is covered by any of these items, you must presume that is cannot and has not been inspected.

 

Only immediately visible brake components are examined such as the linings, pads, and contact services, and inspections strictly do not include any examination of the braking system where the dismantling of any component is required. Some faults, defects, or malfunctions may only present at certain engine operating temperatures such as on cold-start, or at full operating temperature. Depending on the circumstances and conditions the vehicle is presented to the examiner in, the vehicle may not be examined over a full range of engine operating temperature, and consequently, some latent faults, defects, or malfunctions may not present at the time of inspection.

 

  1. Pre-Purchase Inspections

 

A pre-purchase inspection report will only describe and/or identify defects, faults, or malfunctions that are found, or suspected of being at issue upon external visual consideration of the vehicle at the time our licensed examiner examines that vehicle. ASAP Roadworthys and any Indemnified Parties cannot be held liable and are not responsible for any latent defects discovered after the time of inspection. We cannot offer any advice of information on a fault, defect, or malfunction if it is not visible or apparent to the licensed examiner at the time of the vehicle inspection.

We Will provide an opinion of the overall condition of the vehicle using a five-star system of scoring. The score the vehicle is given for any particular inspected item, or overall, is strictly based on the professional opinion of the licensed examiner who performed the inspection of the vehicle, and such opinion is strictly an opinion and assessment of the vehicle at the time it was examined by that licensed examiner and for elements and components included on the inspection checklist.

You Must understand and acknowledge that our licensed examiner’s professional opinion, assessment, scoring, or commentary as to the condition of the vehicle will take into consideration the age and apparent wear and tear on the vehicle and is strictly a matter of that licensed examiner’s subjective judgement based on that licensed examiner’s personal knowledge, experience, and expertise. A professional opinion may assist you in making an informed decision regarding a vehicle but is in no way to be taken as advice as to the suitability of that vehicle for your particular needs or use, or whether you ought to, or not, make a particular purchasing decision. A pre-purchase inspection report is not a recommendation to you as to whether you should purchase or not purchase that particular vehicle. You are solely responsible for making any vehicle purchasing decision. Having regard to matters that you consider relevant or important to your purchasing decision, your particular needs and intended use of the vehicle, your decision to purchase or not purchase a vehicle, or whether or not the asking price for that vehicle is fair and reasonable, is solely your responsibility and decision to make. For the avoidance of doubt, our licensed examiners will not advise you whether a vehicle is a fair or reasonable price or be able to advise you as to the likely cost of repairs to a vehicle if faults, defects, or malfunctions are identified during the inspection. You may utilise the comments and information contained on your pre-purchase report to seek out further information such as the cost of repairs, or a market valuation of the vehicle from a different service provider capable of making those assessments at your sole discretion.

A roadworthy or pre-purchase inspection will not advise you as to the suitability of a vehicle for your particular intended purpose of use of that vehicle. You will need to make this determination based on factors you consider relevant. You must understand that our five-star ranking system (one being the lowest, five being the highest), is a subjective means of reporting the condition of an inspection item and/or the vehicle over-all. A lower over-all score such as a one or two is not to be taken as advice that you should not purchase that vehicle, nor is a higher over-all score such as a four or five be taken as advice that you should purchase that vehicle. We repeat and rely on these terms and conditions to advise you that irrespective of any of the comments, subjective opinions of the licensed examiner, individual inspection item star-ranking, or over-all vehicle star ranking score, that none of this information is designed to advise you what purchasing decision you ought to or ought not to make. From time-to-time, you may have a conversation with the licensed examiner during the inspection. It is important to be aware that any information or opinion given to you by the licensed examiner is strictly subjective information, and again, not intended to act as advice of any kind whatsoever, as to whether or not you should or should not purchase a particular vehicle. The decision to make or not make a purchase is up to your sole discretion.

You should not assume that just because a vehicle has presented well at inspection, that it does not, or will not have any possible latent defects, malfunctions, or faults. It is always possible that a defect, fault, or malfunction appears intermittently, or was not apparent during the inspection based on the conditions precedent at the time the inspection was performed. You should not consider a pre-purchase inspection to be the equivalent to a complete inspection that may take place at a licensed mechanical repair center whereby certain components, elements, or aspects of the vehicle must be disassembled or removed in order to examine them. A pre-purchase inspection is not the same as a roadworthy inspection.

 

  1. Fees, Cancellations, Booking Times, Delays, and Complaints

 

Any applicable fees and charges must be paid by you prior to our licensed examiner being dispatched to perform the inspection that you have requested or booked. ASAP Roadworthys and/or the licensed examiner reserves the right, without limitation, to refuse to inspect or report on any vehicle, at any time. The right to refuse to examine or report on any vehicle will not be exercised without fair reason or consideration. The safety of our customers and our licensed examiners is our priority and first concern.

 

If you elect to cancel your inspection with more than 24 hours’ notice, ASAP Roadworthy’s will refund you the total of the amount you paid for the service. If you elect to cancel your inspection with less than 24 hours’ notice, a cancellation fee may apply, in accordance with our terms and conditions as available for you to read and understand on our website (www.asaproadworthys.com.au). If a licensed examiner is dispatched to perform an inspection and you or the vehicle are not present at the time and location indicated for the booking, you will be charged a call-out fee in accordance with our terms and conditions as available on our website and the balance of the amount you paid for the service will be refunded to you.

 

ASAP Roadworthys is not liable for any delay in performing, or failure to carry out an inspection to the extent that such delay or failure results from an event or circumstance outside of our or our licensed examiner’s reasonable control. Where we are unable to perform an inspection for reasons outside of our or our licensed examiner’s reasonable control, we will first offer you a rescheduled time. Where re-scheduling an inspection is not possible or reasonably practicable, to our sole discretion, you will be refunded the full amount of the fee that you paid.

 

You must be available and make the vehicle requiring the inspection available at the time and place your booking for inspection has been prior- scheduled. If for any reason, your scheduled inspection may be delayed, or must be rescheduled, we will make all reasonable efforts to contact you based on the contact information you have provided us at the time of your booking, to advise you of such change in schedule. If for any reason you must reschedule the inspection, rescheduling will be subject to the availability of our licensed examiners and may not necessarily be available on the same day.

 

If you have a concern, complaint, or feedback, we have a customer concerns resolution process in place to be able to better serve our valued customers. Your satisfaction is important to us, and remedies to concerns will be discussed with you via our concerns resolution process by a member of our customer satisfaction team. For concerns, complaints, or feedback, please visit our website and click on the customer feedback button to advise us of your concern.

 

  1. Australian Consumer Law and Statutory Warranties

    ASAP Roadworthys services are provided with guarantees that cannot be excluded under the Australian Consumer Law. For major failures pertaining to service, you are entitled to cancel the service contract with us (where applicable), a refund for the cost of the service you were provided with, or compensation, to a maximum value of the cost you paid for the service. For more information on your rights as a consumer, please visit www.consumer.gov.au for further information.

 

  1. Vehicle Registration

 

Driving an unregistered vehicle is illegal. You warrant that your vehicle is registered in accordance with Queensland legislative and regulatory requirements in order for us to be able to perform a vehicle road test. If a vehicle is not registered, we will not perform a vehicle road test. If your vehicle or a vehicle you are seeking to have inspected is not registered, you must make all reasonable efforts to advise us of this at the time of booking and prior to the inspection taking place. If you have not notified us that the vehicle to be inspected is unregistered, and we are not aware that the vehicle is unregistered, you agree and understand that you indemnify ASAP Roadworthys and the Indemnified Parties that you save, hold harmless, and indemnify us, to the fullest extent permitted at law, for any fines, penalties, loss, damage, injury, or death caused to any person or property in connection with us driving or otherwise operating the vehicle you have engaged us to perform and inspection on.

  1. Limitation of Liability

 

Certain state and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth) imply warranties and conditions or impose obligations which may not be excluded, restricted, or otherwise modified by agreement or in contract. These terms and conditions do not purport to exclude any statutory rights available to you, and in all cases is to be strictly read that these terms and conditions at all times, and as amended or changed, from time-to-time, are subject to those statutory provisions. Whereby these terms and conditions may be inconsistent with any statutory rights, the legislation applicable to those rights shall supervene these terms and conditions. Other than those statutory provisions which may not be lawfully excluded, we reserve the express right to exclude any other conditions or warranties which may be implied at law, common, or otherwise.

To the maximum extent permitted by law, our liability for any breach of implied warranty or condition which cannot be excluded, is restricted, at our sole discretion, in the case of services supplied or offered by us, to the resupply of those services, or the refund of a maximum value of the cost of those services that you paid, or otherwise any compensation is limited to a maximum of the value you actually paid to us for the provision of those services.

To the broadest extent permitted at law, ASAP Roadworthys and the Indemnified Parties is not liable to you or any third party for any claim, in contract, tort, statute, negligence, or otherwise, for any loss, damage, injury, or death to any person or property arising out of or in relation to the provision or supply of any goods or services to you by ASAP Roadworthys or an Indemnified Party in the provision of services or the supply of goods on behalf of ASAP Roadworthys. We are not liable in any circumstance whatsoever to you or any third party for any demurrage, loss of use, loss of enjoyment, loss of opportunity, loss of profit, special, direct, indirect, or consequential damages. You agree and understand that ASAP Roadworthys and the Indemnified Party’s maximum liability to you is limited to the fees paid by you for the goods or services we supply or have supplied to you.

No third-party, including the purchaser of a vehicle that was inspected by us at the request of the seller, shall have any recourse or claim against ASAP Roadworthys or the Indemnified Parties whatsoever. Our limited liability is strictly available to the individual or entity that booked the service. For the avoidance of doubt, if you have not booked the service, or we have not provided the service to you, ASAP Roadworthys has no contractual privity with you and is not liable to you to the greatest extent permitted by law.

 

  1. Severability

 

Where these terms and conditions may be inconsistent with applicable law, statute, or legislation, or a term or condition is deemed to be invalid by a court of competent jurisdiction, such term or condition shall be either read to be consistent with the applicable laws, statutes, or legislation (where required, and cannot be excluded under contract), or severed from these terms and conditions and the remainder of these terms and conditions shall remain in full force and effect.

 

  1. Jurisdiction

 

The laws and legislation of the State of Queensland shall govern these terms and conditions. Where a dispute arises and in accordance with our dispute resolution policy, is eligible to be heard in a court of law, these terms and conditions and any other contractual arrangement you may enter into with ASAP Roadworthys and/or the Indemnified Parties (as they relate directly to the provision of goods or services at our instruction) shall be subject to the jurisdiction of the courts of Queensland.

 

  1. Agreement

 

When you book or schedule services with ASAP Roadworthys, you warrant consent to be bound by and agree with these terms and conditions. You agree to be bound by these terms and conditions as at the time of booking a service from us, whether online via desktop or a mobile app, in person, or by telephone. If you do not agree with these terms and conditions, we are unable to provide services to you. Your agreement to be bound by these terms and conditions shall continue and remain in full force and effect, without limitation, as at the supply of goods or services to you. You may revoke your consent to be bound by these terms and conditions at any time prior to the provision or supply of goods and services to you, but such revocation shall render you ineligible to receive goods and/or services from us and we will not be obliged to provide you with same. If you wish to revoke your consent to be bound by these terms and conditions, you must advise us, in writing, prior to the supply of goods and/or services by ASAP Roadworthys to you, by way of email to [email protected]. You may not revoke your consent to be bound by these terms and conditions at any time during or after our supply goods and/or services to you.

 

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