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Terms & Conditions

END GAME AUTOMOTIVE SERVICES AGREEMENT

PARTIES

End Game: End Game Automotive (ABN 39 689 180 827) of Fairfield Heights NSW 2165, trading as End Game Detailing and End Game Collection (End Game).
Customer: the person or entity whose details are set out in Schedule 1 (Customer).

End Game and the Customer are together referred to as the Parties and individually as a Party.

BACKGROUND

End Game operates a premium automotive detailing business, including paint correction, ceramic and graphene coating, paint protection film, paint restoration, interior detailing and show car preparation, from its premises at Unit 35, 575 Woodville Road, Guildford NSW 2161 (Premises).
The Customer wishes to engage End Game to provide one or more of the vehicle detailing services described in this Agreement in relation to the vehicle identified in Schedule 1 (Vehicle).
The Parties wish to record the terms and conditions that apply to all bookings, work orders, quotations and services that End Game provides to the Customer.
To the extent required by law, nothing in this Agreement is intended to exclude, restrict or modify any rights the Customer may have under the Australian Consumer Law.

The Parties agree as follows.

Operative Provisions

DEFINITIONS

In this Agreement, unless the context requires otherwise:

Agreement means this End Game Automotive Services Agreement including the Background, these operative provisions and any schedules or annexures.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.

Booking means a request by the Customer for Services in respect of a Vehicle, whether made in person, by telephone, SMS, email, online or through any booking platform used by End Game.

Booking Confirmation means the written confirmation of a Booking issued by End Game, which may be in the form of a text message, email, digital booking notification or other written communication and which sets out the Services, indicative timings and Fees.

Business Day means a day on which banks are open for business in Sydney, excluding Saturdays, Sundays and public holidays.

Customer means the person or entity specified as the customer in Schedule 1.

Deposit means the non-refundable deposit equal to fifty per cent (50%) of the quoted Fees payable by the Customer to secure a Booking, unless otherwise stated in the Booking Confirmation.

End Game means End Game Automotive (ABN 39 689 180 827) of Fairfield Heights NSW 2165, trading as End Game Detailing and End Game Collection.

Fees means the fees and charges payable by the Customer to End Game for the Services, including any surcharges, storage fees and additional costs set out in this Agreement, the Booking Confirmation or Schedule 1.

Force Majeure Event means any event beyond a Party’s reasonable control including acts of God, fire, flood, storm, explosion, pandemic, government restriction, industrial action, interruption of utility services, civil commotion or similar events, but excluding a lack of funds.

Installer Warranty means the limited installer warranty provided by End Game under clause 9 in respect of certain coating and paint protection film Services.

PPF means paint protection film applied to a Vehicle as part of the Services, including front-end, full-body or colour-changing wraps.

Premises has the meaning given in Background clause A.

Privacy Laws means the Privacy Act 1988 (Cth), the Australian Privacy Principles and any other applicable privacy or data protection law in force in Australia from time to time.

Services means the vehicle detailing and related services to be provided by End Game to the Customer under this Agreement, which may include one or more of paint correction, ceramic or graphene coatings, PPF installation, paint restoration, interior detailing and show car detailing, as set out in the Booking Confirmation or Schedule 1.

Vehicle has the meaning given in Background clause B and includes any part of the vehicle, its paintwork, trim, wheels, glass, interior surfaces and any accessories fitted to it.

Warranty Period means:

in respect of coating Services, a period of 1 year from completion of the relevant Services; and
in respect of PPF Services, a period of 2 years from completion of the relevant Services,

or such other period expressly specified in the Booking Confirmation or Schedule 2.

Party means a party to this Agreement, and Parties means the parties to this Agreement.

TERM AND APPLICATION OF THIS AGREEMENT

1. 1. This Agreement commences on the date it is signed by the Customer or the date the Customer accepts it (including by confirming a Booking, paying a Deposit or providing the Vehicle to End Game), whichever occurs first, and continues until terminated in accordance with clause 13.
  2. This Agreement applies to all Bookings, quotes, work orders and Services provided by End Game to the Customer. If there is any inconsistency between this Agreement and a Booking Confirmation, the Booking Confirmation will prevail to the extent of the inconsistency.

BOOKINGS, DEPOSITS, CANCELLATION AND RESCHEDULING

Bookings

1. 1. 1. The Customer may make a Booking only during End Game’s operating hours, unless End Game agrees otherwise.
    2. A Booking is not accepted and no Services will be scheduled until End Game issues a Booking Confirmation and receives the Deposit in cleared funds.
    3. By confirming a Booking, the Customer acknowledges and agrees to be bound by this Agreement.

Deposit

1. 1. 1. The Customer must pay the Deposit at the time of Booking or within such other time as specified in the Booking Confirmation.
    2. The Deposit is strictly non-refundable, except where End Game cancels the Services under clause 13.2 for reasons not caused by the Customer, in which case End Game will refund the Deposit or apply it to a new Booking, at the Customer’s election.

Cancellation and rescheduling by Customer

1. 1. 1. The Customer may request to cancel or reschedule a Booking by providing at least 24 hours’ notice prior to the scheduled drop-off time.
    2. Where the Customer provides at least 24 hours’ notice:
      1. the Deposit is not refundable but may, at End Game’s discretion, be applied once to a rescheduled Booking within 60 days; and
      2. any further rescheduling may require a new Deposit.
    3. If the Customer cancels or requests to reschedule with less than 24 hours’ notice, or fails to deliver the Vehicle at the scheduled time:
      1. the Deposit will be forfeited; and
      2. End Game may refuse to provide further Services unless a new Booking and Deposit are arranged.

Cancellation and rescheduling by End Game

1. 1. 1. End Game may cancel or reschedule a Booking at any time due to staff illness, equipment failure, supply issues, safety concerns, a Force Majeure Event or other circumstances reasonably beyond its control.
    2. Where this occurs:
      1. End Game will use reasonable endeavours to offer an alternative date and time; and
      2. if no suitable alternative can be agreed, End Game will refund the Deposit in full, which will be the Customer’s sole remedy for such cancellation, subject always to the Australian Consumer Law.

VEHICLE CONDITION, DELIVERY AND CUSTOMER OBLIGATIONS

Roadworthiness and mechanical condition

1. 1. 1. The Customer must deliver the Vehicle to the Premises in a roadworthy condition, free from active fluid leaks, mechanical failure, electrical faults or any other defect that makes the Vehicle unsafe to move or work on.
    2. End Game may refuse to accept or may cease work on any Vehicle it considers unsafe, unroadworthy or otherwise unsuitable for the Services. In that case, the Deposit will not be refunded and additional fees may apply for time already spent.

General cleanliness and suitability

1. 1. 1. The Customer must present the Vehicle in a reasonably clean state. Heavy contamination (including excessive mud, off-road residue, pet hair, mould, biohazards, or severe neglect) may attract additional charges as notified by End Game.
    2. End Game may refuse to work on Vehicles that have been used in extreme off-road conditions, materially neglected or otherwise present a risk to staff, equipment or other vehicles. In such circumstances:
      1. End Game may terminate the Services;
      2. the Deposit will not be refundable; and
      3. a further service fee may be payable to cover inspection and cleaning of the workspace.

Personal items and valuables

1. 1. 1. The Customer must remove all personal items and valuables from the Vehicle before drop-off, including from gloveboxes, centre consoles, boot, under seats and any storage compartments.
    2. The Customer acknowledges that End Game is not responsible or liable for any loss of or damage to any personal items or valuables left in the Vehicle, whether or not End Game has been notified of them.

Child seats and devices

1. 1. 1. End Game recommends that the Customer removes all child seats and child restraint devices prior to drop-off.
    2. If End Game agrees to remove or refit a child seat or similar device, this is done at the Customer’s risk. End Game does not warrant that any such device has been installed in accordance with applicable safety standards and is not liable for any loss or damage arising from its installation or use.

Recording and disconnection of devices

1. 1. 1. The Customer acknowledges and agrees that, to protect privacy and for identification and record-keeping purposes, End Game may:
      1. take photographs and/or video footage of the Vehicle (interior and exterior); and
      2. record details such as licence plate, VIN, odometer reading, make and model.
    2. The Customer acknowledges that End Game may disconnect or disable any dash cams, recording devices or tracking devices in the Vehicle while performing the Services and will endeavour to reconnect them on completion. End Game is not responsible for any data not recorded during that period or for any pre-existing faults in those devices.

Sign-in and collection

1. 1. 1. The Customer (or an authorised representative) must sign in the Vehicle upon delivery to the Premises and sign off on collection to confirm handover.
    2. The Customer must collect the Vehicle promptly once End Game notifies the Customer that the Services have been completed.

STORAGE, RISK AND LATE COLLECTION

Storage period and fees

1. 1. 1. The Customer must collect the Vehicle within 24 hours of being notified that the Services are complete, unless another time is agreed in writing.
    2. If the Vehicle is not collected within that 24-hour grace period, End Game may charge a storage fee per day until collection.
    3. If the Vehicle remains uncollected for an extended period, End Game may, acting reasonably, store the Vehicle outside and the Customer acknowledges that exposure to the elements may alter the condition or appearance of the Vehicle.

Risk

1. 1. 1. While the Vehicle is at the Premises, End Game will take reasonable care to protect it, but the Customer acknowledges that some risk (including minor dust accumulation, water spotting or environmental fallout) is unavoidable.
    2. Subject to the Australian Consumer Law and clause 10, End Game is not responsible for any loss or damage to the Vehicle arising from events beyond its reasonable control, including theft, vandalism, storm damage or third-party acts.

Lien

1. 1. 1. End Game may retain possession of the Vehicle (or the keys to the Vehicle) until all outstanding Fees and charges have been paid in full.
    2. This clause does not limit any other lien or security interest End Game may have at law or in equity.

PRE-EXISTING DAMAGE, RESPRAYS AND LIMITATIONS

Disclosure of pre-existing damage and resprays

1. 1. 1. The Customer must disclose any known pre-existing damage to the Vehicle, including scratches, chips, dents, clear coat failure, previous repairs or resprays.
    2. The Customer must expressly notify End Game if any part of the Vehicle has been resprayed or repaired, and when that work took place.

Inspection and documentation

1. 1. 1. End Game may, but is not obliged to, conduct a visual inspection and record existing defects, including via photographs or written notes, prior to commencing the Services.
    2. The Customer acknowledges that some defects may only become apparent once the Vehicle has been washed, decontaminated or polished, and End Game is not responsible for such underlying or previously concealed defects.

Respray cure times

1. 1. 1. The Customer acknowledges that resprayed paint requires an appropriate cure time of at least 6 weeks (or such longer period recommended by the body shop) before being subjected to polishing, coatings or PPF.
    2. It is the Customer’s responsibility to ensure that any resprayed surfaces have fully cured before End Game performs the Services.
    3. End Game may refuse to work on resprayed surfaces it considers insufficiently cured or of poor quality. In that case, the Deposit will not be refunded and End Game may charge a reasonable fee for time spent inspecting the Vehicle.

Limitations on resprays and poor preparation

1. 1. 1. The Customer acknowledges that End Game will not perform wet-sanding, orange-peel removal, dust nib removal, run removal or other corrective work that involves significant alteration of the paint thickness, unless separately agreed in writing.
    2. Where the Vehicle has been resprayed or poorly prepared by a third party:
      1. End Game is not liable for any damage, failure, lifting, peeling, delamination or other issues that arise during or after the Services due to poor preparation, incompatible products or inadequate curing; and
      2. the Installer Warranty will not apply in respect of those areas.
    3. End Game may stop work on the Vehicle if it determines, acting reasonably, that continuing would risk damage due to poor underlying preparation. In such a case, the Customer will pay a reasonable pro-rated fee for work performed up to the time work is stopped.
2. SERVICES, PERFORMANCE AND OUTCOMES

Standard of Services

1. 1. 1. End Game will perform the Services with due care, skill and diligence, consistent with high-end automotive detailing industry standards.
    2. The Customer acknowledges that:
      1. no detailing or paint correction can guarantee a 100% defect-free finish;
      2. the level of correction achievable depends on the age, thickness and condition of the paint; and
      3. some deep defects, stone chips, etching, scratches or clear coat failures may remain after the Services.

Estimates and timeframes

1. 1. 1. Any timeframes provided for completion of the Services are estimates only.
    2. End Game will use reasonable endeavours to meet estimated timeframes but is not liable for any delay caused by factors beyond its reasonable control.

Customer inspection and notification of issues

1. 1. 1. The Customer must inspect the Vehicle upon collection and raise any immediate concerns with End Game before leaving the Premises, where reasonably possible.
    2. The Customer must notify End Game of any concerns or issues with the Services within 48 hours of collection, together with reasonable details and supporting photographs.
    3. If the Customer fails to notify End Game within that timeframe, additional fees may be payable to assess and, where appropriate, rectify any issues.

FEES, PAYMENT AND TAXES

Fees

1. 1. 1. The Fees for the Services will be as set out in the quote or Booking Confirmation or as agreed in Schedule 1.
    2. End Game may vary the Fees if:
      1. the Vehicle is materially different from the description provided by the Customer;
      2. additional contamination, defects or scope of work is discovered; or
      3. the Customer requests additional or changed Services.
    3. Any variation will be discussed with the Customer and, where reasonably practicable, agreed in writing before the additional work is undertaken.

Payment terms

1. 1. 1. In addition to the Deposit, the balance of the Fees is payable on completion of the Services and prior to the Customer collecting the Vehicle.
    2. End Game may accept payment by cash, EFTPOS, credit card or other methods specified in Schedule 1.
    3. If any amount remains unpaid after the due date:
      1. End Game may charge interest per annum, calculated daily, on the overdue amount; and
      2. the Customer must pay all reasonable costs incurred by End Game in recovering the amount (including legal and collection costs).

GST

1. 1. 1. Unless expressly stated otherwise, all Fees are exclusive of GST.
    2. Where GST is payable on any supply made under or in connection with this Agreement, the Customer must pay to End Game an additional amount equal to the GST payable, at the same time and in the same manner as payment for the supply is required to be made.

INSTALLER WARRANTY, MAINTENANCE AND EXCLUSIONS

Installer Warranty

1. 1. Subject to this clause 9 and clause 10, End Game provides an Installer Warranty:
    1. for coating Services – for a period of 1 year from completion of the relevant Services; and
    2. for PPF Services – for a period of 2 years from completion of the relevant Services,

in each case covering defects in workmanship in the application of the product (such as clear installation issues, premature lifting or peeling) when the Customer has complied with all maintenance requirements.

The Installer Warranty is limited to rectification of the defective part of the Services (including, at End Game’s option, re-application of the product to the affected area) and does not include a refund of the Fees unless required by the Australian Consumer Law.

Maintenance requirements

1. 1. The Customer acknowledges that coatings and PPF require proper ongoing maintenance to perform as intended.
  2. The Customer must:
    1. follow all aftercare and maintenance instructions provided by End Game, including any written instructions set out in Schedule 2;
    2. wash the Vehicle only with suitable, pH-neutral products and methods recommended by End Game; and
    3. avoid abrasive sponges, aggressive chemicals and improper wash techniques.
  3. The Customer must not:
    1. take the Vehicle through automatic or brush-type car washes, unless specifically authorised in writing by End Game; or
    2. allow another automotive detailer or service provider to attempt rectification of any issue with coatings or PPF, without first giving End Game the opportunity to inspect and, if appropriate, rectify the issue.
  4. Failure to comply with this clause 9.2 may result in the Installer Warranty being void.

Notification and inspection

1. 1. The Customer must promptly notify End Game in writing of any alleged installation defect within a reasonable time (and in any event within the Warranty Period) and must make the Vehicle available for inspection at the Premises.
  2. If, following inspection, End Game reasonably determines that:
    1. the issue is covered by the Installer Warranty, End Game will arrange rectification at no additional cost to the Customer; or
    2. the issue is not covered (for example, due to improper maintenance, environmental damage, stone chips or accidents), the Customer may request rectification at additional cost.

Exclusions from Installer Warranty

1. The Installer Warranty does not cover:
  1. damage caused by accidents, collisions, impacts, stone chips or vandalism;
  2. damage or defects arising from resprayed or poorly prepared surfaces;
  3. environmental damage (including bird or bat droppings, sap, water spotting, fallout, overspray or UV damage);
  4. misuse, neglect, improper washing, or use of harsh chemicals or brushes;
  5. any modifications to the Vehicle after the Services; or
  6. normal wear and tear.
2. The Installer Warranty is provided only to the original Customer and is not transferrable to subsequent owners of the Vehicle, unless End Game agrees otherwise in writing.

LIMITATION OF LIABILITY

Non-excludable rights

Nothing in this Agreement is intended to exclude, restrict or modify any non-excludable guarantees, warranties or conditions implied or imposed by the Australian Consumer Law or any other applicable law which cannot be lawfully excluded or limited (Non-Excludable Rights).

Exclusion of certain loss

To the maximum extent permitted by law, and subject to clause 10.1, End Game excludes all liability for any:

loss of profit, loss of revenue, loss of opportunity, loss of use, or any indirect or consequential loss or damage;
loss or damage to any personal property left in the Vehicle;
pre-existing damage, latent defects or issues revealed by the Services; or
loss or damage arising from the Customer’s failure to comply with this Agreement, including maintenance requirements.

Cap on liability

To the maximum extent permitted by law, and subject to clause 10.1, End Game’s total aggregate liability to the Customer arising out of or in connection with this Agreement (whether in contract, tort, statute or otherwise) is limited to an amount equal to the Fees actually paid by the Customer to End Game for the Services giving rise to the claim.

Limitation where Non-Excludable Rights apply

Where the Customer is entitled to the benefit of Non-Excludable Rights, and End Game’s liability cannot be excluded but can be limited, End Game’s liability is limited, at End Game’s option, to:

in the case of services – the supply of the services again, or the payment of the cost of having the services supplied again; and
in the case of goods – the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of doing so.

Aftermarket parts and accessories

1. The Customer must notify End Game before the commencement of any Services if the Vehicle has any aftermarket parts, accessories or modifications fitted to it, including but not limited to aftermarket spoilers, splitters, diffusers, body kits, badges, emblems, grilles, mirrors or trim pieces (Aftermarket Parts).
2. The Customer acknowledges and agrees that:
  1. the removal of certain Aftermarket Parts may be a necessary step for the proper installation of PPF or the performance of other Services;
  2. Aftermarket Parts may be constructed from materials that are more fragile than original equipment manufacturer parts, may use non-standard fixings, adhesives or mounting methods, and may have been installed by third parties in a manner that affects their structural integrity; and
  3. there is an inherent risk that Aftermarket Parts may be damaged, broken or rendered unusable during removal, even where reasonable care is exercised.
3. Subject to clauses 10.1 and 10.4, where End Game has exercised reasonable care and skill in the removal of Aftermarket Parts, End Game is not liable for any loss or damage arising from the breakage, damage or destruction of those Aftermarket Parts during their removal.
4. Where End Game has not exercised reasonable care and skill in the removal of Aftermarket Parts, End Game’s liability for any resulting damage to those Aftermarket Parts is limited to the lesser of:
  1. the reasonable cost of a like-for-like replacement part (excluding any costs of installation or fitting); or
  2. $500.
5. If the Customer is not willing to accept the limitations in this clause 10.5, the Customer may elect to remove the Aftermarket Parts themselves prior to delivery of the Vehicle, or request that End Game perform the Services without removing the Aftermarket Parts (in which case the Customer acknowledges that the quality or coverage of the Services may be affected).

PRIVACY, PHOTOGRAPHY AND MARKETING

Collection and use of personal information

1. 1. 1. In providing the Services, End Game may collect personal information about the Customer and the Vehicle, including name, contact details, address, and Vehicle details (such as VIN, registration and odometer readings).
    2. End Game will collect, use, store and disclose such information in accordance with applicable Privacy Laws and its privacy practices, for purposes including:
      1. managing Bookings and providing the Services;
      2. maintaining service records and warranty information; and
      3. sending service reminders and reasonable marketing communications (which the Customer may opt out of at any time).

Photography and record-keeping

1. 1. 1. The Customer acknowledges and agrees that End Game may take photographs and/or video of the Vehicle (including identifiable registration plates) before, during and after the Services for:
      1. internal records and quality control; and
      2. evidencing the condition of the Vehicle.
    2. These images and records may be stored securely by End Game for as long as reasonably required for operational, legal or warranty purposes.

Marketing use

1. 1. 1. Unless the Customer notifies End Game in writing at or before drop-off that they do not consent, End Game may use images and video of the Vehicle for marketing and promotional purposes, including on its website and social media channels.
    2. Where reasonably practicable, End Game will avoid associating such images with the Customer’s full name, home address or contact details.

FORCE MAJEURE

1. 1. If a Force Majeure Event prevents or delays a Party from performing any obligation under this Agreement (other than an obligation to pay money), that obligation is suspended for so long as the Force Majeure Event continues and to the extent that Party is unable to perform.
  2. The affected Party must:
    1. promptly notify the other Party of the nature of the Force Majeure Event and its expected duration; and
    2. use reasonable endeavours to overcome or mitigate the effects of the Force Majeure Event.
2. TERMINATION AND REFUSAL OF SERVICE

Customer termination

1. 1. 1. The Customer may terminate this Agreement in respect of particular Services at any time by cancelling the relevant Booking, subject to clause 3.
    2. Termination does not affect any accrued rights or obligations, including the obligation to pay any outstanding Fees.

End Game termination

1. 1. 1. End Game may terminate this Agreement in whole or in part, or refuse to provide or continue Services, if:
      1. the Customer breaches this Agreement and fails to remedy the breach within a reasonable time after receiving notice;
      2. the Vehicle is unsafe, unroadworthy or unsuitable for the Services;
      3. the Customer behaves in an abusive, threatening or unsafe manner; or
      4. a Force Majeure Event or other event beyond End Game’s reasonable control makes it impractical to perform the Services.
    2. Where End Game terminates under clause 13.2(a)(ii) or (iii), the Deposit will be forfeited and End Game may charge a reasonable fee for work already performed.
    3. Where End Game terminates for reasons not caused by the Customer, End Game will refund the Deposit and any pre-paid Fees for work not performed, subject to clause 10.

DISPUTE RESOLUTION

1. 1. If a dispute arises out of or in connection with this Agreement, a Party must not commence court proceedings (except for urgent interlocutory relief) unless it has first:
    1. given the other Party written notice of the dispute and the key issues; and
    2. used reasonable endeavours to resolve the dispute through good faith discussions within 14 days after that notice.
  2. If the dispute is not resolved within that period, either Party may commence legal proceedings.

GENERAL

Entire Agreement

This Agreement (including any Booking Confirmation and schedules) constitutes the entire agreement between the Parties about its subject matter and supersedes all prior discussions, negotiations, understandings and agreements.

Variation

No variation of this Agreement is effective unless it is in writing and signed or otherwise accepted by both Parties.

Assignment

1. 1. The Customer must not assign, transfer or subcontract any of its rights or obligations under this Agreement without End Game’s prior written consent.
  2. End Game may assign or novate this Agreement to a related entity or purchaser of its business on notice to the Customer.

Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision is severed and the remainder of this Agreement continues in full force.

Governing law and jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.

Counterparts

This Agreement may be executed in any number of counterparts, including by electronic signature and exchange of scanned copies. All counterparts together constitute one instrument, and each counterpart is deemed an original.