TERMS AND CONDITIONS
These Terms & Conditions apply to all motorcycle servicing, repairs, maintenance, inspections, parts and accessories supplied by MSR Racing Pty Ltd.
By booking a motorcycle for service or repair, authorising work, placing an order for parts or accessories, or purchasing goods or services from MSR Racing, the customer confirms that they have read, understood and agreed to these Terms & Conditions.
1 DEFINITIONS
1.1 “MSR Racing” shall mean MSR Racing Pty Ltd.
1.2 “Customer” shall mean the person or entity engaging MSR Racing for the supply of Goods and/or Services.
1.3 “Motorcycle” shall mean the motorcycle, scooter, ATV, quad or other vehicle presented to MSR Racing for inspection, servicing, repair or other work.
1.4 “Goods” shall mean parts, accessories and other goods supplied by MSR Racing to the Customer.
1.5 “Services” shall mean all servicing, repairs, maintenance, diagnostics, inspections, fitting and other services supplied by MSR Racing.
1.6 “Work Order” shall mean the work order, quotation, invoice, job card or other document describing the Goods and/or Services to be supplied.
2 ACCEPTANCE
2.1 Any instructions received by MSR Racing from the Customer for the supply of Goods and/or Services shall constitute acceptance of these Terms & Conditions.
2.2 The Customer’s signature on the Work Order confirms the Customer’s authorisation for MSR Racing to carry out the agreed work and acknowledgement of these Terms & Conditions.
2.3 Where work is authorised verbally, electronically or otherwise, acceptance of the work may also constitute acceptance of these Terms & Conditions.
2.4 The Terms & Conditions applying to a transaction are those in effect at the time the work or order is authorised.
3 GOODS AND SERVICES
3.1 The Goods and/or Services supplied shall be as described on the Work Order, quotation, invoice or other work commencement document provided to the Customer.
3.2 MSR Racing may inspect and diagnose the Motorcycle before or during the work and may identify additional faults, wear or repairs not apparent at the time of booking.
3.3 Where additional work is required, MSR Racing will seek the Customer’s approval before proceeding where reasonably practicable.
4 PRICE AND PAYMENT
4.1 The price shall be the price stated on the applicable quotation, Work Order or invoice.
4.2 Quotes and estimates are based on the information and condition of the Motorcycle known at the time and may vary where additional faults, parts or labour are identified.
4.3 Any approved variation or additional work will be added to the Customer’s account and shown on the applicable invoice.
4.4 Unless otherwise agreed in writing, payment is due prior to release of the Motorcycle, Goods or other property in MSR Racing’s possession.
4.5 Payment may be made by cash, credit/debit card or bank transfer.
4.6 All prices are inclusive of GST where applicable unless otherwise stated.
5 PRE-EXISTING CONDITIONS AND HIDDEN FAULTS
5.1 The Customer acknowledges that a Motorcycle may contain pre-existing faults, wear, corrosion, damage, deterioration or hidden defects which may not be apparent before inspection or commencement of work.
5.2 MSR Racing shall not be responsible for a fault or failure that is unrelated to the Services performed or that arises from a pre-existing, hidden or previously undetectable condition.
5.3 Where a condition is discovered that may affect the safety or successful completion of the requested work, MSR Racing may recommend further work or decline to proceed.
6 MODIFIED AND NON-STANDARD MOTORCYCLES
6.1 The Customer must disclose material modifications, previous repairs and non- standard components known to them.
6.2 MSR Racing is not responsible for failures arising from modifications, incorrect installation, incompatible components or work performed by another person or business.
6.3 MSR Racing may refuse to install or work on a component that it reasonably considers unsafe, unsuitable or incompatible.
7 PARTS AND ACCESSORIES
7.1 Parts and accessories supplied by MSR Racing are subject to applicable manufacturer or supplier terms and warranties.
7.2 Customer-supplied parts are supplied by the Customer for fitting at the Customer’s request. MSR Racing does not guarantee their suitability, compatibility, quality or authenticity.
7.3 MSR Racing may refuse to fit a Customer-supplied part where it reasonably considers the part unsafe, defective or unsuitable.
7.4 Where a failure is caused by a Customer-supplied part, the Customer may be responsible for additional labour or costs associated with diagnosis, removal or replacement.
8 TEST RIDES AND VEHICLE MOVEMENT
8.1 The Customer authorises MSR Racing and its authorised personnel to move, start and operate the Motorcycle as reasonably required for servicing, inspection, diagnosis and verification of repairs.
8.2 Where reasonably necessary, MSR Racing may conduct a test ride in a lawful and appropriate manner for the purpose of assessing or verifying the work.
9 OFF-ROAD, RACING AND COMPETITION USE
9.1 Motorcycles used for racing, competition, track, motocross, off-road or high- performance activities are subject to increased wear, stress and risk of component failure.
9.2 The Customer acknowledges that such use may result in failures unrelated to the Services performed by MSR Racing.
9.3 MSR Racing does not provide a guarantee that a Motorcycle used in such conditions will remain free from failure.
10 WORKMANSHIP AND WARRANTY
10.1 MSR Racing will perform Services with due care and skill.
10.2 If the Customer believes that a Service or repair has not been performed correctly, the Customer should contact MSR Racing promptly so the Motorcycle can be inspected.
10.3 Parts warranties, where applicable, may be subject to the conditions of the relevant manufacturer or supplier.
10.4 Any warranty offered by MSR Racing is additional to, and does not replace, the Customer’s rights under applicable law.
11 STORAGE AND COLLECTION
11.1 The Customer will be notified when the Motorcycle or Goods are ready for collection.
11.2 The Customer is responsible for collecting the Motorcycle within a reasonable period after notification (7 days).
11.3 Storage fees may apply where a Motorcycle remains at MSR Racing beyond a reasonable collection period (7 days), with the applicable fee communicated to the Customer.
11.4 MSR Racing may take lawful steps in relation to vehicles or Goods that remain uncollected.
12 CUSTOMER PROPERTY
12.1 Customers should remove personal belongings and valuables from the Motorcycle before leaving it with MSR Racing.
12.2 MSR Racing is not responsible for personal items left on or inside the Motorcycle except to the extent liability cannot lawfully be excluded.
13 PHOTOGRAPHY AND RECORDS
13.1 MSR Racing may photograph the Motorcycle, components and completed work for internal records, quality control and documentation of condition or repairs.
13.2 Where photographs are used for promotional or social media purposes, MSR Racing will take reasonable steps not to intentionally disclose the Customer’s personal information.
13.3 A Customer who does not wish their Motorcycle to be used for promotional purposes should notify MSR Racing in writing before work commences.
14 CUSTOMER INFORMATION
14.1 The Customer is responsible for providing accurate information concerning the Motorcycle, known faults, previous repairs, modifications and intended use.
14.2 MSR Racing may collect and use Customer information for bookings, communication, service records, invoicing, payment and related business purposes.
15 CANCELLATION
15.1 A Customer may request cancellation of work before completion, subject to payment for Services already performed, parts ordered or supplied, and other costs reasonably incurred.
15.2 MSR Racing may decline or cease work where continuing would be unsafe, unlawful, impracticable or materially different from the work originally authorised.
16 LIABILITY
16.1 To the extent permitted by law, MSR Racing will not be liable for indirect or consequential loss arising from a matter outside the scope of the Services or from circumstances for which MSR Racing is not responsible.
16.2 Nothing in these Terms & Conditions is intended to limit liability that cannot lawfully be limited or excluded.
17 GENERAL
17.1 If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
17.2 These Terms & Conditions are governed by the laws of New South Wales.
17.3 The Customer’s signing of the Work Order, or otherwise authorising the Goods and/or Services, constitutes acceptance of these Terms & Conditions.
*These Terms & Conditions are intended to operate subject to the Australian Consumer Law (ACL). Nothing in these Terms & Conditions is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded.