Terms & Conditions
1. General
1.1 By booking an Inspection, the Client accepts these terms and conditions (as amended) at the time of booking and the terms and conditions form the agreement between the Client and Pro-View when Pro-View confirms the Inspection booking to the Client.
1.2 These terms and conditions prevail over any other conditions (whether set out in the Client’s booking or any other document) and no variation or waiver of these terms and conditions is binding upon Pro-View unless expressly agreed by Pro-View in writing.
1.3 These terms and conditions may be varied by Pro-View from time to time at its discretion.
1.4 Pro-View is not bound to accept any booking.
1.5 If for any reason a term or condition becomes unenforceable, invalid or illegal, it may be severed from these terms and conditions and the remaining terms and conditions continue to apply.
1.6 These terms and conditions are governed by the law of New South Wales.
2. Meanings
2.1 In these terms and conditions, the following means apply unless the contract otherwise requires:
‘Client’ means the person who engages Pro-View to provide an Inspection Report.
‘Pro-View’ means Pro-View Vehicle Inspection Pty Ltd ABN 76 141 607 589.
‘Inspection’ means the inspection service provided by Pro-View in accordance with these terms and conditions.
‘Inspected Vehicle’ means the vehicle nominated by the Client to be inspected by Pro-View.
‘Inspection Report’ means the written report prepared by Pro-View for the Inspected Vehicle.
‘Operating Systems’ means electronic, computerised or automatic components, mechanisms or systems of the Inspected Vehicle including engine management system, fuel system, ignition system, antilock braking system, transmission, turbo chargers, super chargers, climate control and air conditioning systems, audio system, incar phone or entertainment system, satellite navigation system and active and self-levelling suspension system, traction control system, alarm system, anti-theft devices.
3. Inspection
3.1 The Inspection:
(a) will cover the exterior, interior, underbody, engine compartment, tyres, brakes and road test of the Inspected Vehicle.
(b) consists of a visual, audible and external check only of the Inspected Vehicle at the time of inspection unless otherwise agreed to in writing by Pro-View prior to the Inspection.
(c) does not involve the removal or dismantling of any part of the Inspected Vehicle;
(d) is limited to the items specifically listed on the Inspection Report which are reasonably accessible on the Inspected Vehicle and which are reasonably capable of being found by a visual audible and external check of the Inspected Vehicle at the time of Inspection. If any item is not reasonably assessable, this will be noted on the Inspection Report and Pro-View will not inspect, or report on that item;
(e) includes a road test as specified in clause 3.3.
3.2 The Inspection does not check:
(a) oils and fuel consumption;
(b) timing/cam belt or timing chain;
(c) life expectancy of clutch, brake or exhaust systems;
(d) source of oil or water leaks;
(e) engine cylinder compression;
(f) exhaust emission, and catalytic converters;
(g) Operating Systems;
(h) watertightness of, or leaks in body work;
(i) non factory components and personal modifications including if the chassis or body is outside of manufacturer’s specifications;
(j) faults that become apparent at speeds or distances not undertaken in the road test specified in clause 3.3;
(k) recall notices issued for the Inspected Vehicle.
3.3 The road test of the Inspected Vehicle:
(a) will be conducted within the immediate area of the Inspection location and within local speed limits using trafficable roads and in weather conditions at the time of the Inspection.
(b) will not be conducted if:
- (i) the person in possession of the Inspected Vehicle refuses to allow a road test;
- (ii) the Inspected Vehicle is unregistered;
- (iii) the Inspected Vehicle or road or weather conditions are deemed unsafe by Pro-View.
3.4 The Inspection and Inspection Report are not a guarantee or warranty:
(a) of the authenticity of the odometer reading, VIN (vehicle identification number), engine number, service history, title or financial securities held in respect of the Inspected Vehicle;
(b) that all or any of the components of the Inspected Vehicle are original or replacement components manufactured by the manufacturer of the Inspected Vehicle.
4. Fees, Charges and cancellations
4.1 Pro-View’s Fees and Charges are notified and updated in written information it provides and are subject to change without notice.
4.2 Fees and charges will be confirmed when a booking for an Inspection is made and must be paid in full by Eftpos, debit or credit card prior to Pro-View carrying out the Inspection, unless otherwise agreed in writing by Pro-View.
4.3 Additional charges may apply for Inspections due to:
(a)The Inspected vehicle being a prestige or imported vehicle;
(b)the size, complexity or additional components of the Inspected Vehicles;
(c)the location of the Inspected Vehicle;
(d)the urgency of Inspection;
(e)additional or unusual inspection requests;
(f)additional road testing.
The additional charges will be notified to the Client, and must be paid prior to the Inspection.
4.4 An inspection may be cancelled:
(a) by the Client:
- (i)prior to 8.00pm on the day before the date of the Inspection, in which case Pro-View will refund Fees and Charges paid;
- (ii)on the day of the Inspection but before the Inspection commences, in which case Pro-View will refund 50% of fees and charges paid,
but not otherwise.
(b)by Pro-View:
- (i) if Fees and Charges have not been paid by the Client;
- (ii) if the person in possession of the Inspected Vehicle refuses or hinders the whole or part of the Inspection;
- (iii) for reasons beyond its control.
If Pro-View cancels the Inspection for the reasons (i) and (ii) above, the Fees and Charges remain payable by the Client, otherwise Pro-View will refund Fees and Charges paid.
5. Inspection Report
5.1 Pro-View will provide the Inspection Report to the Client.
5.2 The Inspection Report is:
(a) current at the date of the Inspection only. The condition of the Inspected Vehicle can change significantly or unexpectedly over a relatively short period of time. Pro-View does not accept liability for subsequent changes.
(b) for use of the Client only and no responsibility is accepted or undertaken to third parties in respect to it.
(c) the Client can rely only on the Inspection Report and should not rely on any interim verbal report regarding the Inspected Vehicle.
6. Liability
6.1 Subject to clauses 6.2 and 7, all other terms, conditions, warranties and representations in respect of the Inspection and the Inspection Report implied by law are excluded.
6.2 To the maximum extent permitted by law, Pro-View’s liability for breach of an implied warranty or condition which cannot be excluded is limited to, at Pro-View’s option:
(a) the supply of the services again, or
(b) the payment of the cost of having the services supplied again.
6.3 To the maximum extent permitted by law Pro-View will not be liable to the Client or any third party for any claim, whether that claim arises in contract, in tort or under statute, for any loss (including loss of profits or indirect or consequential loss) rectification cost, damage, injury or death to person or property arising out of or relating:
(a) to the services performed by Pro-View;
(b) delay in or failure to carry out the Inspection or to provide the Inspection Report to the extent that such failure or delay results from circumstances beyond the control of Pro-View; or
(c) the Client acting or making a decision in respect to the Inspected Vehicle prior to receipt of Pro-View’s Inspection Report.
7. Complaints
7.1Pro-View warrants to perform the Inspection with reasonable care and shall and will investigate any bona fide complaint that an Inspection has been performed unsatisfactorily in breach of this warranty.
7.2 In respect to any complaint, the Client must:
(a) give Pro-View first opportunity to reinspect the Inspected Vehicle; and
(b) allow Pro-View to inspect the Inspected Vehicle before any repairs or replacements are carried out to the Inspected Vehicle.
7.3 If Pro-View is satisfied in its absolute discretion that the Client’s Complaint is justified, Pro-View’s sole liability to the Client in respect to this warranty is to supply those services again or pay the cost of having the services supplied again at Pro-View’s option, at no extra charge to the Client.
