1. Definitions:
1.1. “Smartfleet” means Smartfleet Management Pty Ltd (ABN 99 142 370 643) trading as Smartfleet, Webfleet and AVC Fleet.
1.1.1. “The authorisation department” means Smartfleet Maintenance Authorisation Department.
1.2. “Person” includes any Person, individual, firm, organisation, corporation, government authority or local, state or federal government body.
1.3. “Vehicle” means any motor Vehicle connected with or concerning a Repair.
1.4. “Supplier” means the Person engaged to undertake any Repair to a Vehicle.
1.5. “Service” includes any regular mechanical or electrical servicing work performed, or to be performed, on a Vehicle, irrespective of whether or not the work is scheduled in the Vehicle’s hand-book, owner’s manual or similar book or document.
1.6. “Emergency Repair” means any work that is required to be performed as a matter of genuine urgency, and outside the Authorisation Department’s Normal Operating Hours in order to return a Vehicle to an operable and safe condition.
1.7. “Repair” includes any Service, Emergency Repair and any other type of work performed, or to be performed, on a Vehicle and includes all parts used in completing such work.
1.8. “Charges” means all costs associated with a Repair to a Vehicle.
1.9. “Authorised” means the Authorisation Department has agreed to the Repair, or combination of Repairs, being undertaken and has provided the Supplier with an Authorisation Number for those Repairs.
1.10. “Authorisation Number” means a number provided by the Authorisation Department for each Repair, or combination of Repairs that has been duly Authorised.
1.11. “Normal Operating Hours” Smartfleet commences at 8.00 a.m. and finishes at 5:30 p.m. Australian Eastern Time (AET) Monday to Friday, and commences at 9:00 a.m. and finishes at 2:00 p.m. AET on Saturday.
2. Authorisation of work:
2.1. Subject to paragraph 7, all Repairs must be agreed to and Authorised by the Authorisation Department prior to the commencement of any Repair.
2.2. In order to have a Repair Authorised, the following process must be followed:
2.2.1. The Supplier must contact the Authorisation Department directly.
2.2.2. All Repairs must be fully explained to the Authorisation Department in detail.
2.2.3. Once a Repair is Authorised, the Authorisation Department will confirm this to the Supplier and provide the Supplier with an Authorisation Number. This number is required to be included on the invoice provided by the Supplier on completion of the Repair.
2.2.4. Subject to paragraph 3 herein, no Repairs are to be performed to any Vehicle without an Authorisation Number being provided by the Authorisation Department.
2.2.5. All vehicle servicing must be completed as per the manufacturers schedule outlined in the handbook for the vehicle.
2.2.6. All repairs conducted must be to manufacturer’s standard and ensure that the vehicle complies with all current state/territory laws applicable.
2.2.7. No Accessories or upgrades can be authorised.
2.3. If a Repair is unable to be fully completed due to the lack of availability of parts or labour at the time the Repair is being Authorised then the work that is able to be completed must be Authorised and undertaken immediately. The Vehicle may then be collected by the owner of the Vehicle or by someone on behalf of the owner of the Vehicle prior to the remaining work being Authorised or undertaken, provided the vehicle is in a roadworthy condition. The remaining work must be Authorised at a later date as a separate Repair, and a separate Authorisation Number obtained, but must not be Authorised or commenced until all necessary parts and labour are available.
2.4. Only work related to the specific vehicle can be authorised. Ie; No loan cars or associated costs
2.5. The accredited repairer must carry out all works with due care and skill and in a proper and efficient manner using that standard of skill diligence and foresight that would reasonably expected from a prudent expert and experienced provider of these services in accordance with:
2.5.1. The manufacturers schedule as laid down in the vehicles service handbook,
2.5.2. Refuelling vehicle maintenance checklist based on the relevant AIP Code of Practice,
2.5.3. The relevant industry authority.
2.6 The accredited repairer must notify Smartfleet of a vehicle’s first service and all warranty works performed on the vehicle.
2.7 The accredited repairer will ensure that all of its employees who carry out its obligations are of a standard sufficient for the accredited repairer to fulfil its obligations set out in this agreement.
3. Labour Allowances:
3.1. Charges in relation to labour hours for scheduled or hand-book Services must not exceed:
3.1.1. if there is an owner’s manual or similar book in existence for the Vehicle in question, the time stipulated by the manufacturer of the Vehicle in that owner’s manual or similar book, or if there is no owner’s manual or similar book for the Vehicle in question, hours agreed between the Supplier and Smartfleet prior to the commencement.
3.2. Charges in relation to labour hours for unscheduled and non-handbook services must not exceed times agreed between the Supplier and Smartfleet prior to the commencement of the Service. These hours will be in line with a labour guide of Smartfleet’s choosing.
4. Parts:
4.1. All parts used in any Repair must be genuine Original Equipment Manufacturer parts unless otherwise authorised, while the vehicle is under manufacturers warranty.
4.2. It is the Supplier’s responsibility to ensure that parts used do not void any warranty of any description in connection with the Vehicle, the Repair or the parts used. The Supplier hereby indemnifies Smartfleet, Smartfleet’s clients, and all corporations, organisations and departments associated with Smartfleet, against all liabilities, losses, expenses, costs, penalties, fines and damages arising in connection with the use of any parts used in any Service, Repair, Emergency Repair, of any Vehicle that do not comply with paragraph 4.1.
4.3. All parts used in any Repair must be invoiced to Smartfleet Fleet at trade/fleet rate.
5. Environment costs:
5.1. Charges for environmental costs must be Authorised by the Authorisation Department prior to commencement of any Repair.
5.2. Only the following Charges for environmental costs will be agreed to:
5.2.1. disposal of waste oil, oil filters and
5.2.2. disposal of used tyres.
5.3. Charges for environmental costs are to be included in the invoice for the Repair being undertaken.
6. Frequency of Increase to rates:
6.1. This agreement and rates included will stand in place for a minimum of 12 months from received date by Smartfleet (or agreed between Smartfleet and Supplier). Changes to Supplier’s name, ABN, bank details and addresses will be accepted without change to rates within the 12 month period.
6.2. Smartfleet require 21 days of intent to increase rates, during this period Smartfleet Maintenance Team may contact the approved representative to discuss the proposed rates and/or details on this form.
7. Emergency Repairs:
7.1. Emergency Repairs that need to be performed outside the Normal Operating Hours of the Authorisation Department may be performed prior to an Authorisation Number being obtained provided the associated Charges are likely to be no more than $500. Only Emergency Repairs may be performed prior to obtaining an Authorisation Number.
7.2. Emergency Repairs where the associated Charges are likely to be in excess of $500 are not permitted to be undertaken without first obtaining an Authorisation Number. None of Smartfleet, the Authorisation Department or any client of Smartfleet are liable to make any payment for charges associated with any such Repair if the Repair is undertaken without first obtaining an Authorisation Number.
7.3. The Charges discussed, or agreed to, with the Vehicle custodian for an Emergency Repair are subject to further negotiation with, and agreement by, the Authorisation Department prior to the Emergency Repair being Authorised or any Charges being invoiced.
7.4. An Authorisation Number must be obtained on the next business day for any Emergency Repair performed outside the Normal Operating Hours of the Authorisation Department. Failure to do so may result in payment delays. Any such delays are not in any way the responsibility of Smartfleet, the Authorisation Department or any client of Smartfleet.
7.5. Without an Authorisation Number, Smartfleet is not liable for the cost of any Service, Repair or Emergency Repair work performed on any Vehicle. Failure to obtain a number an Authorisation Number within the required time frame may result in payment delays. Such delays are not in any way the responsibility of Smartfleet, the Authorisation Department or any client of Smartfleet.
8. Invoicing:
8.1. (a) The Supplier shall provide Smartfleet with an invoice for all Authorised Repairs within 30 days of completion of the Repair via email to invoices@smartfleetaustralia.com.au. Failure to provide an invoice within 60 days from authorisation may result in an inability to recover funds from Smartfleet or Smartfleet’s clients.
8.1. (b) Smartfleet will only process invoices received electronically. This is fundamental to our environmental and cost minimisation charter. All invoices received by post after 31 October, 2018 will not be processed.
8.2. Invoices must be complying tax invoices in the name of Smartfleet Management Pty Ltd and must include the following requirements:
8.2.1. the Australian Business Number of Smartfleet Management Pty Ltd (99 142 370 643),
8.2.2. the correct Authorisation Number for the particular Repair,
8.2.3. the date of completion of the Repairs,
8.2.4. an accurate description of the Vehicle,
8.2.5. the Vehicle’s registration number,
8.2.6. the Vehicle’s odometer reading at the commencement of the Repairs,
8.2.7. an itemised list of all Repairs undertaken (including parts used) and full details of these Repairs,
8.2.8. separate Charges for all Repairs undertaken and parts used,
8.2.9. the amount of Goods and Services Tax applicable to the Repairs.
8.3. Invoices that include Charges in excess of the authorised repair value are subject to approval and may be rejected if deemed unreasonable.
8.4. The supplier shall provide Smartfleet with a monthly Statement of Account where multiple invoices have been issued in a calendar month.
8.5. As part of our commitment to environmental sustainability, Smartfleet will only process invoices received electronically. All hard copy invoices received by post after 8 February 2019 will not be processed.
9. Payment:
9.1. Payment of any and all Charges is subject to the terms and conditions set out in this contract.
9.2. Subject to paragraphs 3, 4 and 5 herein, Smartfleet endeavours to pay all Charges invoiced in accordance with the terms and conditions set out in this contract within 30 calendar days of receipt of the Supplier’s invoice, provided the amounts are consistent with the agreed authority issued. If not payment will be made within 30 calendar days of when the dispute is resolved and invoice value agreed.
9.3. Payment may be made either by:
9.3.1. electronic transfer of funds directly into the Supplier’s nominated account. The following terms and conditions relate to the electronic transfer of funds:
9.3.1.1. It is the Supplier’s responsibility to ensure that Smartfleet is advised of the Supplier’s current and accurate account details for the Supplier’s nominated account.
9.3.1.2. Payment delays resulting from Smartfleet having inaccurate or out dated account details are in no way the responsibility of Smartfleet.
10. Warranties:
10.1. The Supplier, in issuing an invoice to Smartfleet for a Repair or a combination of Repairs, provides the following warranties:
10.1.1.The Supplier agrees to all terms and conditions set out herein,
10.1.2.All Repairs have been undertaken in accordance with this contract,
10.1.3.The invoice provided is complete and correct in every particular,
10.1.4.The Repairs undertaken are of a standard acceptable to Smartfleet , its agents and its customers,
10.1.5.The invoice has not been assigned, sold, pledged, factored or dealt with in any other manner,
10.1.6. The Supplier is aware of no reason that would enable any client of Smartfleet to withhold, delay or refuse to make any payment in relation the Repairs undertaken to that client’s Vehicle,
10.1.7.The Authorisation Number stated on the invoice was provided to the Supplier by the Authorisation Department.
10.1.8. The accredited repairer warrants all works performed under or pursuant to this agreement are of a merchantable quality, comply with all laws, legislation, regulations and codes, are fit for purpose and comply with all manufacturer’s warranty
10.1.9. All information provided by the Supplier to the Authorisation Department in relation to the Repairs detailed in the invoice was, to the Supplier’s knowledge, complete and accurate in every particular.
10.1.10. That any liabilities, losses, expenses, costs, penalties, fines and damages arising from or related to a Service, Repair, or Emergency Repair performed by the Supplier, or by any Person on behalf of the supplier, are the sole responsibility of the Supplier.
10.1.11. The Supplier hereby indemnifies Smartfleet, Smartfleet’s clients, and all corporations, organisations and departments associated with Smartfleet, against all liabilities, losses, expenses, costs, penalties, fines and damages arising in connection with any Repair, Emergency Repair, Vehicle or associated situation, howsoever caused, whether or not it was the result of any act, statement or omission made by Smartfleet.
10.2. The Supplier warrants that they take full responsibility for any Repair undertaken by an agent of the Supplier or by any other Person on the Supplier’s behalf. Smartfleet does not enter into any contract or agreement, as a result of anything contained in this contract, with any agent of a Supplier or with any other Person who undertakes a Repair on behalf of a Supplier.
10.3. The terms and conditions contained in this contract act in addition to all rights and remedies that are unable to be excluded, restricted or modified, and are available under any Commonwealth, State or Territory laws.
11. Insurance Details
11.1.1.The accredited repairer must take out and maintain with reputable insurers the following policies for such level of cover that a prudent owner would include, Public Liability (General & Public), Goods in Care, Custody and Control, Driver Risk / Motor Trade Cover, Property Insurance.
12. Limitation of liability:
12.1. The Supplier hereby indemnifies Smartfleet, Smartfleet ’s clients, and all corporations, organisations and departments associated with Smartfleet, against all liabilities, losses, expenses, costs, penalties, fines and damages arising in connection with any Service, Repair, Emergency Repair, Vehicle or situation associated with this contract, howsoever caused, whether or not it was the result of any act, statement or omission made by Smartfleet.
13. Commencement and termination:
13.1. This contract is deemed to have commenced at the beginning of the day on which the Supplier, or any person Authorised to sign on behalf of the Supplier, signs this contract. If this contract has not been signed, or has not been signed by an authorised person, this contract is deemed to have commenced at the start of any Service, Repair, Emergency Repair, work undertaken for which an invoice is to be, or has been, provided to Smartfleet.
13.2. Subject to paragraph 13.2.1, either party can terminate this contract at their discretion. Subject to paragraph 13.2.1, termination is effective immediately upon receipt of a letter or other written document from the Supplier, or a person Authorised to act and sign on behalf of the Supplier, stating that the sender of the letter or document, who must be the Supplier or a person Authorised to act and sign on behalf of the Supplier, terminating this contract.
13.2.1 If at the time of receipt of a letter or other written document sent in accordance with paragraph 13.2 any Service, Repair, Emergency Repair or other situation has not yet been completed this contract remains in force and binds all relevant parties to the terms and conditions of this contract until such time as all Services, Repairs, Emergency Repairs and other situations are completed and settled in full.
13.3. These terms and conditions may be updated from time to time by Smartfleet (current version will be made available to the Supplier on Smartfleet’s website) and by continuing to provide the Services the Supplier is deemed to accept these changes and the Supplier is bound by the most current version. If the Supplier disagrees with any such changes to the terms and conditions, the Supplier can elect to discontinue the provision of the Services and the terms and conditions applicable immediately prior to the discontinuance will apply to the relationship between you and Smartfleet.