Repair Terms & Conditions

 

About

 

These Repair Terms & Conditions apply each time you request repairs as part of your Membership.  This document should be read in conjunction with your Membership Agreement.

 

Changes to these Terms

 

JS&D may make changes to these Terms from time to time, including in relation to the provision of Eligible Repairs and its contracting procedures.  

 

JS&D will notify you of any changes by publishing those changes on the Website or App, or by providing you with an updated copy of these Terms by email.  Unless otherwise specified, changes take effect immediately after JS&D notifies you or if you request a Repair Quote after the changes are uploaded to the Website.

 

Repair Terms

 

  1. Requesting a Repair Quote

 

  1. You may request a Repair Quote through the App (or via such other method as JS&D may make available from time to time), by sending photos of the damaged area in accordance with instruction in the App.

 

  1. JS&D will assess each request for a Repair Quote and will use its best endeavours to confirm whether the request is approved or denied. If JS&D deems it necessary, JS&D will arrange a mutually agreeable time for a technician to conduct a formal on-site assessment. JS&D will endeavour to respond to all requests within 2 Business Days and, if the request has been approved, to complete repairs within 28 Business Days of a request being submitted.

 

  1. During your Membership, you may request a maximum of one Repair Quote per month.

 

  1. Providing a Repair Quote

 

  1. If a JS&D technician determines the repairs requested are Eligible Repairs and can be completed, JS&D may issue you with a Repair Quote. JS&D may decline to provide a Repair Quote for any reason and at its absolute discretion.

 

  1. If your repair falls within the repair size limits and if JS&D decides to issue you with a Repair Quote, the Repair Quote will generally be the current low member fee of $50.00 or such other fee as updated and advertised on the Website.

 

  1. The Repair Quote will include details of the Eligible Repairs to be completed, the price payable for those Eligible Repairs (including Repair Fees) and any other details that JS&D’ technician considers appropriate.

 

 

  1. Accepting a Repair Quote

 

  1. You may accept a Repair Quote by notifying JS&D or JS&D’ technician and if accepted that quote constitutes a separate contract between JS&D and you.  

 

  1. For clarity, JS&D is not legally obliged to perform any Eligible Repairs until and unless you have accepted the relevant Repair Quote.

 

  1. If you accept the Repair Quote you also agree to pay the Repair Fees upon completion of the Eligible Repairs. Unless otherwise agreed, payment must be made onsite by credit card through the attending JS&D technician.

 

  1. Conducting repairs

 

  1. After you accept a Repair Quote, JS&D will arrange a mutually agreeable time and location with you to undertake the required Eligible Repairs. If an onsite assessment is required in order for JS&D to determine whether or not to accept the request, JS&D will endeavour to undertake the Eligible Repair at the same time as the assessment is made (assuming that JS&D has decided to accept the request).

 

  1. Please note that Eligible Repairs can only be undertaken on private property which you own or otherwise have express authorisation to use, with a workspace of at least three (3) metres clearance around the vehicle.  Eligible Repairs cannot be undertaken in underground car parks or public roads.

 

  1. JS&D reserves the right to reschedule or decline to conduct Eligible Repairs if, for example, a suitable location cannot be found, or the weather makes doing so impractical, unsuitable or unsafe or for any other reason that JS&D may decide acting reasonably.

 

  1. You acknowledge that JS&D may perform the Eligible Repairs either itself or through its contractors.

 

  1. Eligible Repairs

 

  1. A repair will be an “Eligible Repair” if it falls within the “inclusions” and not within any of the “exclusions” below.

 

  1. Repairs must be requested within 30 days from the date of the damage.

 

Repair Service Inclusions

Repair description

Deep panel scratches and minor indentations

Repair of one deep panel scratch or minor indentation of up to 300mm in diameter and 5mm in depth on any single vertical panel

Bumper Bars and Body Kit

Repair of one scratch or minor indentation of up to 500mm in diameter and 5mm in depth on any plastic bumper bar or body kit component

Pressure Dent

Repair of two pressure dents of up to 300mm in diameter and 5mm in depth on any single panel

Surface scratches

Repair of one surface scratch that has not cut through the clear coat covering up to two panels, provided no painting is required.

 

Exclusions

 

  1. Damage that existed prior to becoming a member
  2. Any damage that exceeds the repair size limits
  3. The repair of any damage that requires replacement parts.
  4. The replacement of decals and body wraps
  5. Any damage that has caused structural damage.
  6. Damage to roof boot lid and bonnet
  7. Damage to any textured moulded plastic component
  8. Dents caused from hail stones.
  9. Damage that is not contained to one panel
  10. Repair requests outside the service area

 

 

  1. For further details, please refer to the JS&D website.

 

  1. Warranty and liability

 

  1. Our services come with guarantee that cannot be excluded under the Australian Consumer Law.  For major failures with the service, you are entitled:

 

  1. to cancel your service contract with us; and

 

  1. to a refund for the unused portion, or to compensation for its reduced value.

 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

 

  1. JS&D warrants that it will perform all Eligible Repairs with due care and skill.  If it fails to do so, JS&D will remedy any faulty or defective repairs. However JS&D is not obliged to repair any damage caused by faulty or defective repairs conducted by a third-party.

 

  1. To the extent permitted by law, JS&D expressly excludes all liability for any form of loss or damage incurred by you or any other party resulting directly or indirectly out of your Membership.

 

  1. Subject to any consumer or other legal rights you may have, if you consider any Eligible Repairs are defective in any way, you must notify JS&D within 7 days through the App, or otherwise by sending JS&D an email at repairs@jimsscratchanddent.com.au together with a photo of the repair work and an explanation as to why you think it is defective.

 

  1. JS&D will review the material provided and if JS&D is satisfied that the defective repairs were directly caused by JS&D, it may in its discretion:

 

  1. reperform the repairs; or

 

  1. provide you with a refund in respect of the defective repairs; or

 

  1. at JS&D’ discretion, arrange the repair to be rectified at a fixed site repair facility in which case JS&D may require at least 2 quotes.

 

 

  1. Definitions and general terms

 

  1. The following definitions apply to your Membership Agreement and these Terms:

 

App means the JS&D mobile application available to all JS&D members.

 

Business Day means a day other than a Saturday or Sunday which is not a public holiday in Melbourne.

 

Cooling Off Period means the earlier of:

 

  1. 30 days from the date on which your Membership commences; and

 

  1. the date on which you submit a request for a repair.

 

Eligible Repairs means the repairs and repair-related works which JS&D provides as part of your Membership, being repairs which falls within the “inclusions” and not within any of the “exclusions” in section 5.

 

Membership means a JS&D membership between JS&D and you, as further detailed in your Membership Agreement.

 

Membership Agreement means the agreement between JS&D and you, setting out the terms of your Membership and incorporating these Terms.

 

Membership Fee means the fee payable for Membership as notified to you

 

Nominated Vehicle means the vehicle nominated by you and on which JS&D may perform Eligible Repairs.

 

Repair Fee means the fees payable in relation to Eligible Repairs, as set out in a Repair Quote.  Eligible Repairs are usually charged at $50AUD.  

 

Repair Quote means a quotation for Eligible Repairs provided by JS&D or a JS&D technician.

 

Service Area means the geographic area in which repairs to the Nominated Vehicle

may be performed. Unless otherwise agreed by JS&D, the Service Area shall be limited to the postcode area of your address as notified to JS&D when you became a member or any new address as notified to JS&D, provided that such address must be within the

greater metropolitan area of Melbourne, Sydney, Brisbane, Perth, Adelaide, Canberra,

Geelong, Newcastle, Campbeltown, Wollongong, the Sunshine Coast, the Gold Coast and

the Central Coast or such other area as may be published from time to time on the JS&D website.

 

Terms means these Repair Terms & Conditions, as updated or amended from time to time.

 

Website means the JS&D website accessible at www.jimsscratchanddentprotect.com.au.

 

  1. A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the term of these Terms will continue in force except to the extent that the provisions to be severed would materially change the substance of these Terms.

 

  1. These Terms are governed by the laws of the State of Victoria, and each party submits to the non-exclusive jurisdiction of the courts of Victoria and its courts of appeal.