TERMS AND
CONDITIONS

These terms and conditions ("Terms") govern all work, goods, parts and services supplied by Mesh Motorsports Pty Ltd trading as Rennen Motorsport ("Rennen", "we", "us") to any customer ("you", "the Customer"). By delivering a vehicle to us, authorising work, accepting a quotation or estimate, purchasing parts, entering a vehicle into storage, or participating in any track, motorsport or driver program, you accept these Terms.

These Terms apply to the exclusion of any other terms, and prevail over any terms put forward by the Customer unless expressly agreed in writing by management.

1. Definitions and application

"Rennen" means Mesh Motorsports Pty Ltd trading as Rennen Motorsport, of 20-22 Commercial Street, Marleston SA 5033.

"Vehicle" means any motor vehicle, engine, component, trailer or item delivered to Rennen by or on behalf of the Customer.

"Works" means any service, repair, inspection, diagnostic, modification, preparation, storage or other service performed by Rennen.

"Track Use" means any use of a Vehicle on a racing circuit, closed road course, hill climb, sprint, drag strip, skid pan, driver training facility, rally stage, motorkhana, dyno under sustained load, or in any form of competitive, timed or high-performance driving event, whether organised, private, competitive or recreational.

The person delivering the Vehicle warrants that they are the owner of the Vehicle or are duly authorised by the owner to authorise the Works and accept these Terms on the owner's behalf.

2. Quotations, estimates and authorisation

Any figure provided prior to inspection is an estimate only and is not a fixed quotation. Estimates are based on information available at the time and on the assumption that no additional faults, seized or damaged fasteners, prior poor repair, or hidden damage will be encountered.

A formal written quotation, where provided, is valid for thirty (30) days from the date of issue and is subject to parts availability and supplier pricing at the time of order.

All Works are carried out on the Customer's authorisation. Authorisation may be given in writing, by email, by SMS, verbally, or by delivery of the Vehicle with a written or verbal instruction to proceed.

3. Additional work and variations

Where additional faults or necessary work are identified during the course of the Works, Rennen will use reasonable endeavours to contact the Customer to seek authorisation before proceeding.

Where the Customer cannot be contacted within a reasonable time and the Vehicle is occupying workshop space, Rennen may either cease work and charge for work performed to that point, or, where the additional work is minor and necessary to complete the Works safely, proceed and charge accordingly.

Rennen will not proceed with substantial additional work without authorisation.

4. Payment terms

Unless otherwise agreed in writing by management, all invoices are payable in full at the time of collection of the Vehicle, prior to release.

Accepted payment methods are cash, EFTPOS, bank transfer with cleared funds, or credit card. Card surcharges may apply and will be disclosed at the time of payment.

Credit accounts are not offered as a matter of course. Any credit terms, deferred payment or payment plan must be agreed in advance and in writing by management, and may be withdrawn at any time.

Payment by bank transfer must be received as cleared funds before the Vehicle is released. Remittance advice is not evidence of cleared funds.

Where a deposit has been paid, the balance is payable on completion in accordance with this clause.

5. Overdue accounts and interest

Any invoice not paid by its due date is overdue and, without limiting any other right of Rennen:

• Interest is payable on the outstanding balance at the rate of 1.5% per month (18% per annum), calculated daily from the due date until the date payment is received in full, compounding monthly;
• The Customer is liable for all costs of recovery, including debt collection agency fees, mercantile agent fees, legal costs on a solicitor and own client basis, and court filing fees;
• Rennen may suspend all further work for the Customer and withhold delivery of any Vehicle or goods in its possession;
• Rennen may report the default to a credit reporting body.

Storage charges under clause 7 accrue independently of, and in addition to, interest under this clause.

5.1 Disputed invoices

Any dispute as to an invoice must be notified to Rennen in writing within seven (7) days of the invoice date, specifying the item disputed and the reason. Failure to notify within that period constitutes acceptance of the invoice as correct.

Where part of an invoice is disputed, the undisputed balance remains payable by the due date. A dispute does not suspend the accrual of interest or storage charges on the undisputed portion, and does not entitle the Customer to possession of the Vehicle.

5.2 Dishonoured and failed payments

Where a payment is dishonoured, reversed, charged back or fails to clear, the Customer is liable for a dishonour fee of $50 plus GST together with any fee charged to Rennen by its bank or payment provider. The invoice is treated as unpaid from its original due date and interest accrues accordingly.

5.3 Application of payments

Rennen may apply any payment received to any invoice or amount owing by the Customer at its discretion, and is not bound by any direction from the Customer as to how a payment is to be applied. Payments are applied first to recovery costs, then to interest, then to storage, then to the oldest outstanding invoice.

5.4 Suspension of services

Where any amount is overdue, Rennen may without notice suspend or decline all further work, cancel bookings, decline to order or release parts, and withhold delivery of any Vehicle, part or property of the Customer in its possession, on any account, until all amounts owing are paid in full.

5.5 Personal guarantee

Where the Customer is a company, trust or partnership, the person authorising the Works personally guarantees payment of all amounts owing and indemnifies Rennen against any failure by the Customer to pay, including interest and recovery costs. That person acknowledges they enter this guarantee in their personal capacity.

5.6 Credit information

The Customer consents to Rennen obtaining credit information and to Rennen disclosing details of any default, including the amount and duration of the default, to a credit reporting body, to trade references and to a debt collection agency.

6. Lien and power of sale

Rennen has, and the Customer acknowledges, a repairer's lien over the Vehicle and over any parts, components or property of the Customer in Rennen's possession, for all amounts owing by the Customer to Rennen on any account.

Rennen is entitled to retain possession of the Vehicle until all amounts owing, including parts, labour, storage, interest and recovery costs, are paid in full.

Where an account remains unpaid and a Vehicle remains uncollected, Rennen may, after giving written notice to the Customer's last known address and allowing the period required by law, exercise its rights to dispose of the Vehicle in accordance with the Australian Consumer Law and Fair Trading legislation applicable in South Australia and any other applicable law, and apply the proceeds to the debt. Any surplus is payable to the Customer and any shortfall remains a debt due to Rennen.

The Customer grants Rennen a security interest in the Vehicle and in all parts and goods supplied, for the purposes of the Personal Property Securities Act 2009 (Cth), and consents to Rennen registering that interest on the Personal Property Securities Register. The Customer waives, to the extent permitted, the right to receive notices under that Act.

6.1 Uncollected and abandoned vehicles

Where a Vehicle remains uncollected and any amount remains unpaid for a period of sixty (60) days after the date Rennen notifies the Customer that the Works are complete, and Rennen has made reasonable attempts to contact the Customer at the contact details provided, the Vehicle may be treated as uncollected goods.

Where a Vehicle remains uncollected for three (3) months after notification of completion, and the Customer has not responded to written notice, Rennen may treat the Vehicle as abandoned and may take steps to dispose of it in accordance with clause 6 and applicable law.

Notice given to the address, email address or mobile number last provided by the Customer is deemed to be effective notice. It is the Customer's responsibility to keep contact details current.

6.2 Costs recoverable on disposal

Where a Vehicle is disposed of, Rennen may deduct from the proceeds all amounts owing including parts, labour, storage charges accrued to the date of sale, interest, transport, advertising, auction or agent commission, and legal and recovery costs. Any shortfall remains a debt due and payable by the Customer.

7. Vehicle collection and storage charges

The Customer must collect the Vehicle within three (3) business days of being notified that the Works are complete.

Storage under this clause is at the Customer's risk. Rennen accepts no liability for loss or damage to a Vehicle left uncollected, other than to the extent caused by Rennen's negligence and to the extent liability cannot be excluded at law.

All storage charges must be paid in full before the Vehicle is released.

7.1 How storage is calculated

Storage is calculated on a daily basis at one thirtieth (1/30th) of the applicable monthly rate for each day or part day, commencing on the date of the invoice, and continues to accrue until the Vehicle is physically collected and all amounts owing are paid in full.

Storage continues to accrue during any period of non-payment, during any dispute, during any warranty investigation, and during any period in which Rennen is exercising its lien. Part days are charged as full days.

7.2 Offsite storage

Where workshop space is required, Rennen may relocate an uncollected Vehicle to secure offsite storage. The Customer is liable for the cost of transport and for the offsite storage charges, and the Vehicle remains subject to Rennen's lien.

7.3 Release of the Vehicle

A Vehicle will only be released once the invoice for the Works, all accrued storage charges, all interest and all recovery costs are paid in full and, where payment is by transfer, funds have cleared. Rennen may require identification and evidence of authority to collect.

8. Vehicle storage agreements

Where a Vehicle is placed into storage by arrangement, the following applies.

Rates and terms

• The monthly storage rate is $495 per month, subject to a minimum term of three (3) months, payable in advance;
• Storage on a day rate basis, including uncollected vehicles under clause 7, is charged at the equivalent of $595 per month, calculated daily;
• Rates are current at the date of these Terms and are subject to change. The rate applicable to an existing storage agreement will not change during a prepaid term;
• Storage charges commence on the date of invoice or the date the Vehicle enters storage, whichever is earlier, and are calculated on a daily basis;
• Storage fees are non-refundable once a term has commenced, except where required by law.

Payment of storage fees

• Storage fees are payable in advance, monthly or by the agreed term, and are due on the invoice date;
• Where a storage fee is not paid within seven (7) days of the due date, the account is in default, interest accrues under clause 5, and the day rate under clause 7 may be applied from the date of default in place of the agreed monthly rate;
• Rennen holds a lien over a stored Vehicle for all unpaid storage fees and for any other amount owing by the Customer on any account, and may withhold release of the Vehicle until all amounts are paid;
• Where storage fees remain unpaid for sixty (60) days, clause 6.1 applies and the Vehicle may be treated as uncollected goods;
• A Vehicle will not be released, and access will not be granted, while any amount is outstanding.

Ending a storage arrangement

• The Customer must give fourteen (14) days written notice to end a storage arrangement;
• Storage fees are charged to the date of collection, and no refund is payable for an unused portion of a prepaid term except where required by law;
• Where the Customer does not collect the Vehicle at the end of an agreed term, storage continues on the day rate basis under clause 7 until collection;
• Rennen may end a storage arrangement on fourteen (14) days written notice, in which case any unused prepaid storage will be refunded on a pro-rata basis.

Conditions of storage

• Storage is provided within a secure, monitored indoor workshop environment. It is not represented as climate-controlled or humidity-controlled storage;
• Battery trickle-charging is provided as part of the storage service where the Vehicle's electrical system permits;
• Rennen does not undertake to start, run, road test or move a stored Vehicle unless separately agreed in writing;
• The Customer must disclose any known fault, fluid leak, fuel system issue, modified electrical system or aftermarket battery arrangement prior to storage;
• The Vehicle must be registered or unregistered and lawfully able to be stored, must not contain hazardous or prohibited items, and must not be leaking fuel or oil;
• The Customer must maintain comprehensive insurance covering the Vehicle for the full period of storage, including cover while the Vehicle is stored at third-party premises, and must provide evidence of that insurance on request;
• Rennen may require removal of a Vehicle on fourteen (14) days written notice;
• Access to a stored Vehicle is by appointment during business hours only.

Recommissioning

Where a Vehicle has been in continuous storage for twelve (12) months or more, Rennen offers a recommissioning inspection to return the Vehicle to a road-ready condition at a discounted rate of $99 plus GST. This is an inspection and basic recommissioning check only. It is not a logbook service, major service or repair, and any faults identified will be quoted separately.

9. Parts, materials and supply

Parts are supplied subject to availability and to the pricing applicable at the time of order. Where a part is ordered specifically for the Customer, the Customer is liable for the cost of that part whether or not it is subsequently fitted.

Special order, non-stocked and imported parts are non-returnable and non-refundable except where a consumer guarantee applies.

Title in parts and goods supplied does not pass to the Customer until payment is received in full. Risk in parts and goods passes on fitment or delivery, whichever occurs first.

Estimated lead times for parts are indicative only. Rennen is not liable for delays caused by suppliers, manufacturers, freight, customs or force majeure.

10. Customer-supplied parts

Where the Customer supplies parts for fitment, the Customer does so at their own risk and acknowledges that:

• Rennen provides no warranty of any kind in respect of parts supplied by the Customer, including their suitability, quality, authenticity or fitness for purpose;
• Rennen provides no warranty on labour associated with the fitment of Customer-supplied parts where a failure arises from or relates to that part;
• The Customer is liable for all labour charges arising from the failure, incorrect specification, incompatibility or non-supply of a Customer-supplied part, including removal, refitment and diagnostic time;
• Rennen may decline to fit any part supplied by the Customer at its sole discretion.

11. Warranty on workmanship and parts

Subject to clause 19 (Australian Consumer Law) and to the exclusions in clause 12, Rennen warrants its workmanship for a period of twelve (12) months or 20,000 kilometres, whichever occurs first, from the date of invoice.

Parts supplied by Rennen carry the warranty offered by the manufacturer or supplier of that part. Rennen will use reasonable endeavours to assist the Customer in making a claim under a manufacturer's warranty but is not the warrantor of those parts.

Warranty exclusions

No warranty is provided by Rennen, and any warranty otherwise applicable is void, in respect of any failure, damage or defect arising from or contributed to by:

• Track Use of any kind, as defined in clause 1 and further excluded under clause 12;
• Competition, timed events, sustained high-load operation, or any driving beyond normal road use;
• Accident, collision, impact, kerb strike, road debris, flood, fire or theft;
• Misuse, abuse, overloading, over-revving, money shifts, or operation of the Vehicle after a warning light, gauge reading or audible warning indicated a fault;
• Continued operation of the Vehicle after a fault became apparent, where that continued operation caused or worsened the damage;
• Failure to observe recommended service intervals, or servicing carried out elsewhere;
• Work, modification, adjustment or repair carried out by any party other than Rennen after the Works;
• Fitment of Customer-supplied parts, or parts fitted elsewhere;
• Normal wear and tear, consumable items, fluids, filters, brake pads and discs, tyres, clutch friction material, wiper blades, globes and batteries;
• Pre-existing conditions, deferred maintenance, or faults the Customer declined to have repaired;
• Corrosion, perishing of rubber and plastic components due to age, or deterioration of components not replaced as part of the Works;
• Use of incorrect fuel, oil or fluids after the Works.

Warranty claims must be notified to Rennen promptly and before further work is undertaken elsewhere. The Vehicle must be presented to Rennen for inspection. Rennen is not liable for repair costs incurred elsewhere without its prior written authorisation, nor for towing, recovery, transport, accommodation, hire vehicles or consequential costs.

12. Motorsport, track and competition use

Motor vehicles used on a racetrack or in competition are subjected to loads, temperatures, duty cycles and stresses far beyond those the manufacturer designed the vehicle and its components to withstand in normal road use. Component life is dramatically reduced and failure is a normal and foreseeable incident of Track Use.

The Customer acknowledges and agrees that:

• Where a Vehicle is subjected to Track Use at any time following the Works, all warranty on workmanship and on parts supplied by Rennen is void in its entirety, whether or not the failure is alleged to relate to the Track Use;
• Track Use will typically void the vehicle manufacturer's warranty and may void the warranty of individual component suppliers. Rennen has no control over, and accepts no responsibility for, the decision of a manufacturer or supplier to decline a warranty claim on those grounds;
• Track Use may void or restrict the Customer's motor vehicle insurance policy. It is the Customer's sole responsibility to obtain appropriate motorsport or track day insurance;
• Rennen gives no warranty, representation or assurance that a Vehicle prepared, serviced, modified or inspected by Rennen is fit for, safe for, or capable of Track Use, or that it will complete any event, session or distance without failure;
• Preparation of a Vehicle for Track Use does not constitute certification, scrutineering approval, or a warranty of safety or compliance with the regulations of any sanctioning body. Compliance with event regulations, licensing, logbooks and scrutineering is the sole responsibility of the Customer;
• The Customer participates in all Track Use entirely at their own risk;
• To the maximum extent permitted by law, Rennen excludes all liability for any loss, damage, injury, death, property damage, engine or driveline failure, fire, or consequential loss arising from or in connection with Track Use of a Vehicle, whether or not Rennen carried out work on that Vehicle.

The Customer must inform Rennen in advance if a Vehicle is or will be used for Track Use. Failure to disclose Track Use is a breach of these Terms and voids all warranty.

13. Performance modifications and tuning

Where the Customer requests performance modification, engine management calibration, suspension modification, exhaust modification, forced induction changes or any alteration from the manufacturer's specification, the Customer acknowledges that:

• Modification may render the Vehicle non-compliant with the Australian Design Rules, state vehicle standards and roadworthiness requirements, and may render the Vehicle unlawful for road use. Compliance is the Customer's responsibility;
• Modification will typically void the vehicle manufacturer's warranty;
• Modification may void or affect the Customer's insurance. Disclosure to the insurer is the Customer's responsibility;
• Increased performance places increased stress on the engine, driveline, braking and cooling systems and reduces component life, and Rennen gives no warranty against consequential failure of any component as a result of modification;
• Rennen may decline any modification request at its discretion.

14. Driver programs and trackside support

Where the Customer participates in any Rennen driver development program, racing program, track day, coaching session or trackside support arrangement:

• Participation is entirely at the Customer's own risk. Motorsport is inherently dangerous and carries a genuine risk of serious injury, death and property damage;
• The Customer is responsible for holding all required licences, memberships and event entries, and for compliance with the rules and regulations of the venue and sanctioning body;
• The Customer is responsible for holding appropriate insurance, including personal accident and motorsport vehicle insurance. Standard comprehensive motor insurance does not generally cover Track Use;
• Coaching, instruction, advice or trackside assistance is provided as guidance only. The Customer at all times retains sole control of and responsibility for the Vehicle and their own driving;
• The Customer may be required to sign a separate participation agreement, waiver or release by Rennen, the venue or the event organiser;
• To the maximum extent permitted by law, Rennen excludes all liability arising from participation in any such program or event.

15. Pre-purchase inspections

A pre-purchase inspection is a visual, mechanical and diagnostic assessment of a vehicle at a point in time, limited to those items reasonably accessible without dismantling.

• An inspection is not a warranty, guarantee or certification of the condition, roadworthiness, safety, mechanical integrity or future reliability of the vehicle;
• An inspection does not and cannot detect every fault. Latent, internal, intermittent and concealed defects may not be identified;
• Unless expressly agreed, an inspection does not include dismantling, removal of engines or transmissions, paint or panel measurement beyond visual and gauge assessment, verification of odometer accuracy, title, encumbrance or finance searches;
• Reported values, estimates of repair cost and opinions on price are indicative only;
• The decision to purchase or not purchase a vehicle is entirely the Customer's. Rennen accepts no liability for that decision or for any loss arising from it;
• An inspection report is prepared for the Customer only and may not be relied upon by any third party.

16. Diagnostics and diagnostic charges

Diagnostic time is chargeable at Rennen's applicable hourly rate whether or not a fault is ultimately located, and whether or not the Customer proceeds with repair.

Intermittent faults may not present during diagnosis. Further diagnostic time may be required and will be charged accordingly.

Diagnosis identifies the most probable cause based on available evidence. Where a fault persists after a repair, further diagnosis and repair may be chargeable.

17. Road testing

The Customer authorises Rennen and its employees to operate the Vehicle on public roads for the purposes of diagnosis, road testing and verification of the Works. The Customer warrants that the Vehicle is registered and insured for such use, or will inform Rennen in writing if it is not.

18. Risk, insurance and vehicle contents

The Customer must maintain comprehensive insurance on the Vehicle at all times while it is in Rennen's possession.

The Customer must remove all personal property, valuables, documents, tools, aftermarket electronics and loose items from the Vehicle before delivery. Rennen accepts no liability for loss of or damage to any items left in or on a Vehicle.

Rennen is not liable for damage caused by pre-existing faults, corrosion, seized or brittle fasteners, previously damaged threads, deteriorated components, or prior poor-quality repair, where damage occurs in the ordinary course of carrying out the Works with reasonable care.

19. Australian Consumer Law

Where a consumer guarantee applies and the failure is not a major failure, Rennen may choose to remedy the failure by resupplying the service, or by repairing or replacing the goods, at its election, to the extent permitted by law.

20. Limitation of liability

Subject always to clause 19, and to the maximum extent permitted by law:

• Rennen's total aggregate liability arising out of or in connection with the Works, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount paid by the Customer for the Works giving rise to the claim;
• Rennen is not liable for any indirect, special or consequential loss, including loss of profit, loss of use, loss of opportunity, loss of enjoyment, diminution in value, towing or recovery costs, hire vehicle costs, accommodation, travel costs, event entry fees, or costs of missed events;
• Rennen is not liable for any loss arising from delay in completing the Works.

21. Indemnity

The Customer indemnifies Rennen against all claims, liabilities, losses, damages and costs (including legal costs on a solicitor and own client basis) arising from or in connection with: any breach of these Terms by the Customer; any Track Use of the Vehicle; any modification carried out at the Customer's request; any Customer-supplied part; any misrepresentation by the Customer as to ownership or authority; and any claim by a third party arising from the Customer's use of the Vehicle.

22. Cancellation and deposits

Deposits are required for certain works, special order parts and storage agreements. Deposits are applied to the final invoice.

Where the Customer cancels after parts have been ordered or work commenced, the Customer is liable for all parts ordered, all labour performed and any restocking or freight charges incurred. Deposits may be applied to those costs.

Booking cancellations should be made with at least twenty-four (24) hours notice. Repeated failure to attend a booking may result in a booking fee being required in advance.

23. Privacy and personal information

Rennen collects personal information for the purposes of providing services, invoicing, warranty administration, service reminders and compliance with legal obligations. Information is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Vehicle service history and diagnostic data may be retained and may be disclosed to the manufacturer, suppliers, or to a subsequent workshop or owner where required for warranty administration or where lawfully requested.

Rennen may use the Customer's contact details to provide service reminders and information about its services. The Customer may opt out at any time.

24. Images and media

Rennen may photograph or film vehicles in its workshop and at events for the purposes of documenting work, quality assurance and promotion. Vehicle registration plates and identifying details are obscured on request. A Customer who does not wish their vehicle to appear in promotional material must notify Rennen in writing.

25. Force majeure

Rennen is not liable for any delay or failure to perform arising from causes beyond its reasonable control, including supplier or manufacturer delay, freight and customs delay, industrial action, fire, flood, storm, pandemic, government restriction, utility failure or equipment failure.

26. Governing law

These Terms are governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia.

If any provision of these Terms is held to be invalid, unenforceable or illegal, that provision is severed and the remaining provisions continue in full force.

27. Variation of these Terms

Rennen may vary these Terms from time to time. The version published at rennenmotorsport.com.au/terms-and-conditions at the time the Works are authorised applies to those Works. The Customer should review these Terms before each engagement.

28. Contact

Mesh Motorsports Pty Ltd trading as Rennen Motorsport
20-22 Commercial Street, Marleston SA 5033
Telephone: 0412 888 441
Email: service@rennenmotorsport.com.au