Motorserve Terms and Conditions

Motorserve Terms and Conditions for Car Servicing – Updated 25th October 2023

1. General information

a) Motorserve Pty Limited (ABN 41 121 715 393) (Motorserve/we) is a wholly owned subsidiary of Insurance Australia Group (IAG).

b) Motorserve provides you with services and/or goods in accordance with these Terms and Conditions and the terms and conditions set out on your itemised job card (Quotation).Together these form a binding agreement between you and Motorserve (Agreement)

c) This Agreement is governed by the laws of New South Wales.

d) These Terms and Conditions are available at: motorserve.com.au/terms-and-conditions

e) These Terms and Conditions do not apply to the supply of any goods and/or services by us on behalf of any insurers in relation to an insurance claim.

2. Quotation and Payment

We provide a Quotation of the cost for all work to be undertaken. The Quotation will be discussed with you prior to work being commenced on your vehicle. EACH QUOTATION REMAINS VALID FOR 14 DAYS AFTER WE PROVIDE THE QUOTATION TO YOU. All estimates and prices include GST.

If you agree to proceed with the work to your vehicle, you authorise Motorserve to carry out the work detailed in the Quotation, and to supply and fit any parts needed. Repair work may result in a loss of user-generated data, including if your battery is disconnected for the purpose of service maintenance. Without limiting the consumer guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation, as applicable (the Australian Consumer Law), Motorserve is not liable for any data loss that may occur if your battery is disconnected for the purpose of service maintenance.

Should additional work to your vehicle be found to be necessary which increases the Quotation, we will contact you to explain the additional work required and to seek your authorisation for the additional costs to be incurred before proceeding.

A detailed tax invoice outlining the work carried out and Motorserve’s fees will be provided once the work is completed. Payment must be made in full on the day of the work being completed and prior to collection of your vehicle. We accept credit cards and EFTPOS. Payment made by Visa or MasterCard credit cards will incur a surcharge of 1%. Payment made by American Express credit cards (Amex) will incur a surcharge of 3%. Personal cheques are not accepted. Payment through “by now pay later” facilities is also available, subject to the terms and conditions of the relevant “by now pay later” provider.

Trading terms for customers operating an authorised trading account with Motorserve are 14 days from date of tax invoice. Property in any product sold by Motorserve to you does not pass from us to you until we have been paid all fees in full.

3. Advertised prices

All of our advertised prices are subject to change without notice. All work is quoted on an individual basis and work will not commence without customer’s signed Quotation.

4. Registration of your vehicle

You understand that driving an unregistered vehicle is illegal and you warrant that your vehicle is registered in accordance with the state/territory legislative and regulatory requirements applicable to your vehicle. Where your vehicle is not registered you will ensure that you take all necessary steps to notify us that your vehicle is unregistered.
Where you have not notified us that your vehicle is unregistered you agree to indemnify us for any fines or penalties incurred, and loss or damage, caused to any person or property when we are driving or otherwise operating your vehicle, except to the extent that any such fines, penalties, loss, or damage was directly caused by our fraud or willful misconduct.

5. Lien

As part of these terms and conditions you acknowledge that where our invoiced fees are not paid we hold a lien over your vehicle until the fees are paid.

6. Storage and disposal of uncollected vehicles

If we exercise a lien over the vehicle or if you do not collect the vehicle within 2 days from the time it is ready for collection A DAILY VEHICLE STORAGE FEE OF $25.00 PER DAY WILL APPLY

If we cannot contact you using reasonable efforts, or you do not collect the vehicle or discharge any lien we hold over the vehicle belonging to you, within 6 months from the time the vehicle is ready for collection we are entitled to sell or dispose of the vehicle by any reasonable method at your expense without any further notice to you. We will apply the proceeds of the sale or disposal of the vehicle to the sums you owe us and return the balance to you. If the proceeds received from the sale or disposal of the vehicle are not sufficient to discharge the amounts you owe us, the outstanding amounts will be owed by you to us as a debt. After such sale or disposal of the vehicle we will be discharged from any liability whatsoever in respect of the vehicle.

7. Parts and lubricants

Motorserve uses quality aftermarket parts and lubricants that meet or exceed the specifications of those originally fitted by your vehicle manufacturer. Should you wish to use an alternate brand or product, Motorserve will take reasonable action to source that part or product for you, although this may impact on the pricing and time commitments of your car service or repair.

You understand that some vehicles require larger quantities or higher grade oil during service. Motorserve may at its sole discretion, and without contacting you for authorisation, charge an amount to cover the cost of the oil used in the service.

8. Video footage and recordings

You understand and agree that collecting recordings, video footage or filming of any kind at Motorserve without the express consent of Motorserve is prohibited and may constitute a breach of the Privacy Act 1988 (Cth) and the National Privacy Principles.

9. Comprehensive Vehicle Inspections

a) What we check:

Motorserve will provide you with a comprehensive report with a detailed list of the items checked on your vehicle. Motorserve will visually check only the items listed on the report. Your report will have codes inserted into the item boxes to tell you how an item may be affected and this can be explained by us at the time of receiving your report.

If there is a dispute about the accuracy of this report, you must refer the vehicle back to us before you make any repairs.

Note that we cannot tell you about a defect if we cannot see it or it does not appear during the road test and inspection.

b) What we don’t check

• Oil and fuel consumption

• Source of a leak if the area is unclean

• Oil pump strainer for any build-up of sludge

• Engine cylinder compression

• Operation of cassette or compact disc players and DVDs

• Sound or radio reception

• Navigation systems

• Alarm systems

• Bodywork water leaks or their source

• Airbag functionality

• Camshaft/timing belt condition

c) Your Comprehensive report is only valid at the time of the inspection.

d) Motorserve will not dismantle, remove or strip any part of the vehicle as part of the service conducted on the vehicle. The on road test, if conducted, will be carried out within the immediate confines of the inspection location and the local speed limits.

10. NRMA Member offers

Motorserve provides exclusive offers to members of the National Roads and Motorists Association (NRMA Members) and new members applying for NRMA Membership. These offers are subject to change without notice.

Current NRMA Members who have any Motorserve log book service, major service, essential service, vehicle inspection, or repair work performed at a Motorserve store will be entitled to the quoted or advertised discounted prices for NRMA Members.

NRMA Membership is provided by National Roads and Motorists’ Association Limited (ABN 77 000 010 506).National Roads and Motorists' Association Limited, trading as NRMA, is a separate and independent company from Insurance Australia Limited, ABN 11 000 016 722, trading as NRMA Insurance.

“NRMA” provides Membership, the “my nrma app” and other services including mobile car services.

Please note that the following terms and conditions apply for use of NRMA benefits for Motorserve services:

NRMA MEMBER BENEFITS - TERMS AND CONDITIONS FOR MOTORSERVE SERVICES.

A valid NRMA Member card must be shown at point of sale to redeem the discount.
Offers are not transferable for cash and cannot be used in conjunction with any other offer. One redemption per service.
For all Motorserve log book services, major services, essential services, vehicle inspection and repair work, 4WD vehicles and for some European and prestige vehicles a surcharge may apply to cover the required higher grade oil and parts costs. Any applicable surcharge will be set out in your Quotation and agreed with you prior to work being undertaken on the vehicle.
Any NRMA Member Offer is subject to change without notice.

10% off car servicing for NRMA Members

10% discount off the value of the invoice is available to NRMA Members only. The 10% discount is calculated off the full invoice price. Valid at any Motorserve car servicing store in NSW or ACT. Offer is not transferable for cash. Standard Motorserve car servicing terms and conditions apply. Motorserve reserves the right to terminate this offer at our discretion. Any changes to this offer would be notified to customers in advance.

11. Privacy and data collection statement

Motorserve collects your personal information in order to provide you with its products and services and for internal administration and operational purposes, market and customer satisfaction research and in order to comply with legislative and regulatory requirements and as required by IAG. If you do not provide your personal information, Motorserve will not be able to provide you with its products and services. Motorserve and its agents may use your personal information and disclose it to its related bodies corporate and third parties in order to inform you about products and services, special offers and discounts provided by Motorserve, its related bodies corporate and third parties that may be of interest to you. For further information on how Motorserve deals with your personal information you can view our privacy policy here, write to us, Motorserve Privacy, Motorserve Pty Limited, 8/43 Herbert Street, Artarmon NSW 2064, or email us, privacy@motorserve.com.au. If you do not wish to receive direct marketing communications from Motorserve, its related bodies corporate or third parties, please contact us at privacy@motorserve.com.au and include your name and address and we will not send you any further direct marketing communications.

12. LIABILITY

a) THE GOODS AND SERVICES PROVIDED TO YOU UNDER THESE MOTORSERVE TERMS AND CONDITIONS ARE SUBJECT TO THE AUSTRALIAN CONSUMER LAW AND MUST IN ALL CASES BE READ SUBJECT TO THE AUSTRALIAN CONSUMER LAW AND OTHER RELEVANT STATUTORY PROVISIONS.

We have given you notice of some of your rights under the Australian Consumer Law at clauses 12(b) and 12(c). Motorserve has also granted you additional warranties under the Motorserve Warranty at clause 13. In some circumstances, you may have entitlements under the Australian Consumer Law and the Motorserve Warranty – in these circumstances you may choose whether to pursue your rights under the Australian Consumer Law or under the Motorserve Warranty.

b) OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.

FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED:

TO CANCEL YOUR SERVICE CONTRACT WITH US; AND
TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE.

YOU ARE ALSO ENTITLED TO CHOOSE A REFUND OR REPLACEMENT FOR MAJOR FAILURES WITH GOODS. IF A FAILURE WITH THE GOODS OR A SERVICE DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME. IF THIS IS NOT DONE YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND TO CANCEL THE CONTRACT FOR THE SERVICE AND OBTAIN A REFUND OF ANY UNUSED PORTION. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICE.

c) GOODS PRESENTED FOR REPAIR MAY BE REPLACED BY REFURBISHED GOODS OF THE SAME TYPE RATHER THAN BEING REPAIRED.REFURBISHED PARTS MAY BE USED TO REPAIR THE GOODS.

d) SUBJECT TO CLAUSES 12(e), 12(f) AND 12(g) AND THE MOTORSERVE WARRANTY, OUR LIABILITY FOR YOUR LOSS UNDER THIS AGREEMENT IS LIMITED TO, AT MOTORSERVE’S DISCRETION:

RE-SUPPLYING THE AFFECTED SERVICES;
PAYING THE COST OF HAVING THOSE SERVICES RESUPPLIED;
REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS;
REPAIRING THE GOODS;
PROVIDING YOU WITH A REFUND; OR
PAYING THE COST OF HAVING THE GOODS REPAIRED.

e) WE ARE NOT LIABLE FOR ANY LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OF ANY KIND.

f) WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE TO THE EXTENT THAT:

(i) YOU CAUSED OR CONTRIBUTED TO THE LOSS OR DAMAGE; AND/OR

(ii) THE LOSS WAS CAUSED BY A THIRD PARTY UNDER YOUR CONTROL.

g) WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT, DELAY OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT WHERE SUCH A DEFAULT OR FAILURE IS AS A RESULT OF FORCE MAJEURE. You understand that when repairing your vehicle the power supply in your vehicle may be temporarily interrupted. This may cause your audio system to lock and require an unlock code. We will take reasonable steps to prevent this from happening however it is usually outside our control. The unlock code for your audio system is supplied by the manufacturer of your vehicle and any cost incurred by us in unlocking your audio system will be your sole responsibility.

In this paragraph (g), Force Majeure means act of God, fire, accident, interruptions to power or energy, strike, riot, civil commotion or war whether declared or not, act of terrorism, pandemic, industrial dispute, labour shortage, inability to obtain materials or other events outside our reasonable control.

You must take all reasonable steps to mitigate your loss in connection with this Agreement.

13. MOTORSERVE WARRANTY

Parts and Labour

a) MOTORSERVE PROVIDES AN EXPRESS WARRANTY IN RELATION TO THE PARTS AND LABOUR THAT IT SUPPLIES AND USES IN THE SERVICING OF YOUR VEHICLE FOR THE TIME PERIOD OR KILOMETRES TRAVELLED (WHICHEVER OCCURS FIRST) OUTLINED IN THE FOLLOWING WARRANTY CONDITIONS (“MOTORSERVE WARRANTY”). THE MOTORSERVE WARRANTY DOES NOT APPLY TO PARTS WHICH ARE SECOND HAND. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AND THE NON-EXCLUDABLE GUARANTEES PROVIDED UNDER AUSTRALIAN CONSUMER LAW WHICH MAY APPLY TO ANY SECOND-HAND PARTS SUPPLIED AND USED BY MOTORSERVE. SPECIFIC WARRANTY PERIODS ARE AS FOLLOWS:

CAR SERVICING AND ENGINE MAINTENANCE 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
GENERAL MECHANICAL REPAIRS 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
FLUSHING SERVICES 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
BRAKES (PASSENGER VEHICLES ONLY) 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
SUSPENSION AND STEERING 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST;
WINDSCREEN REPAIRS – SEE BELOW; AND
BATTERIES (AS PER MANUFACTURER’S WARRANTY), BETWEEN6 AND 36 MONTHS.

INDIVIDUAL PARTS WARRANTIES MAY VARY.

a) MOTORSERVE ONLY USES HIGH QUALITY PARTS THAT MEET OR EXCEED THE VEHICLE MANUFACTURER’S SPECIFICATIONS

b) IF A NEW OR RECONDITIONED PART IS NOT AVAILABLE FOR YOUR VEHICLE MOTORSERVE MAY FIT A SECOND HAND PART. WHERE A SECOND HAND PART FITMENT IS REQUIRED, MOTORSERVE WILL FIRST SEEK YOUR CONSENT TO FIT THAT PART.

c) IF WE FIT A PART OR PARTS COVERED BY A MANUFACTURER’S PARTS WARRANTY THAT EXTENDS BEYOND THE MOTORSERVE WARRANTY PERIOD, WE WILL UPHOLD THE MANUFACTURERS PART’S WARRANTY PERIOD AND FIT ANY REPLACEMENT PARTS OFFERED BY THE PARTS MANUFACTURER AT NO CHARGE.

d) IF CARRYING OUT THIS WORK REQUIRES MOTORSERVE TO PURCHASE ADDITIONAL PARTS OR PROVIDE LABOUR NOT COVERED BY THE PARTS MANUFACTURER’S GUARANTEE, THERE MAY BE AN ADDITIONAL CHARGE AND MOTORSERVE WILL SEEK YOUR CONSENT BEFORE THIS WORK COMMENCES.

e) SHOULD ANY PART BE INCORRECTLY FITTED BY MOTORSERVE, OR FOUND TO BE DEFECTIVE DUE TO A MANUFACTURER’S DEFECT DURING THE MOTORSERVE WARRANTY PERIOD, WE WILL REPLACE REFIT OR RECTIFY THE PART AT NO CHARGE. PARTS FITTED UNDER THE MOTORSERVE WARRANTY WILL BE COVERED FOR AN ADDITIONAL WARRANTY PERIOD OF 12 MONTHS FROM THE DATE OF THE SERVICE OR 20,000KM, WHICHEVER OCCURS FIRST.

f) IF REQUESTED, WE ARE HAPPY TO MAKE ALL REPLACED PARTS AVAILABLE FOR YOUR INSPECTION AT THE TIME YOU COLLECT YOUR VEHICLE.

Windscreen Repairs

g) MOTORSERVE’S WARRANTY PROVIDES YOU WITH A LIFETIME WARRANTY ON WORKMANSHIP AND MATERIALS FOR WINDSCREEN REPAIRS AS LONG AS YOU OWN THE VEHICLE. MOTORSERVE’S WARRANTY DOES NOT COVER FAULTS CAUSED BY: PHYSICAL DAMAGE (INCLUDING IMPACT DAMAGE); YOUR NEGLECT OR NEGLIGENCE; ABUSE, MISUSE OF YOUR VEHICLE; DRIVING YOUR VEHICLE OR REMOVING THE MASKING TAPE BEFORE THE EXPIRATION OF THE CURING TIME SPECIFIED ON THE FRONT OF THE INVOICE; PRE-EXISTING FAULTS IN YOUR VEHICLE (INCLUDING RUST AND CORROSION); OR FAIR WEAR AND TEAR.

h) IF A REPAIRED CHIP SUBSEQUENTLY CRACKS, MOTORSERVE WILL, AT YOUR OPTION, REFUND THE COST OF THE REPAIR OR DEDUCT THE COST OF THE REPAIR FROM THE COST OF A NEW WINDSCREEN.

WHAT IS NOT COVERED UNDER YOUR MOTORSERVE WARRANTY?

WITHOUT LIMITING YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, WHICH CANNOT BE EXCLUDED, THERE ARE FIVE WAYS IN WHICH YOU WILL VOID YOUR MOTORSERVE WARRANTY, NAMELY:

IF YOU USE YOUR VEHICLE IN COMPETITION, ON A CLOSED CIRCUIT OR AS PART OF ANY TIMED EVENT
IF YOU REMOVE THE PART OR PARTS ORIGINALLY FITTED BY MOTORSERVE TO THE VEHICLE
IF THE PART OR PARTS ARE DAMAGED BY MISUSE OR ACCIDENT, IN PARTICULAR BY ENGINE BACKFIRE OR MALFUNCTION
IF WARRANTY WORK IS PERFORMED ELSEWHERE, UNLESS THE WORK HAS BEEN AUTHORISED IN WRITING BY THE MOTORSERVE OPERATIONS MANAGER IN ADVANCE OF ANY WORK BEING UNDERTAKEN
MOTORSERVE DOES NOT USE CUSTOMER SUPPLIED PARTS AND THEY ARE NOT COVERED BY WARRANTY

PLEASE NOTE THAT MOTORSERVE WILL NOT REIMBURSE YOU FOR ANY COSTS YOU MAY INCUR CLAIMING THE MOTORSERVE WARRANTY.

Manufacturer extended warranties

Some car manufacturers provide extended warranties that may not entitle Motorserve to service your car. It is your responsibility to ensure that work completed at Motorserve does not affect or void an extended manufacturer warranty.

15. Queries and Complaints

If you have any questions or complaints you can:

(a) contact the Motorserve where the work was completed (or if this is not convenient email complaints@motorserve.com.au

(b) arrange a convenient time for the repair work to be undertaken; or