TERMS AND CONDITIONS

The provisions outlined in the Services Agreement shall be part and parcel of these Terms and Conditions.

• 1. PARTIES

  The Parties to the agreement are:

  • a. Company: Crash Towing WA PTY LTD
  • b. Client: The Registered Owner/Driver or an Authorised Representative on behalf of the Registered Owner/Driver

  Registered Owner means the individual or entity whose name is recorded as the owner of the vehicle in the official vehicle registration records. The Registered Owner holds the legal title to the vehicle and is responsible for its use, maintenance, and compliance with all applicable laws and regulations.

  Driver means the individual operating or in control of the vehicle at the time of the towing service. This includes individuals who may be driving the vehicle with the permission of the Registered Owner, such as renters or lessees under a rental or lease agreement.

  Authorised Representative an individual authorised to act on behalf of the Client in the event of the Client’s death or incapacity. This can include an executor of the estate, a legal guardian, an individual holding a power of attorney, or the closest family member.

• 2. PROVISION OF SERVICES

  • 2.1 The Company agrees to provide towing, salvage, and storage services to the Client.
  • 2.2 The Company will deliver the vehicle to its nominated storage facility and no other, except by special arrangement and only if all fees due are paid in full on or before delivery.

• 3. ACKNOWLEDGMENT GUARANTEE AND INDEMNITY

  • 3.1 If the Client signs this agreement, the Client:
  • a. Acknowledges that the Client has the authority to sign;
  • b. Guarantees the obligations under these Terms and Conditions and the Services Agreement; and
  • c. Indemnifies the Company as the towing contractor for obligations under these Terms and Conditions and the Services Agreement.
  • 3.2 If in the event an authorising Police Officer signs this Agreement on behalf of the Client the following provisions apply:
  • a. The Police Officer warrants that they have the authority to sign on behalf of the Client;
  • b. The Police Officer is not personally liable for any fees or charges; these remain the responsibility of the Client;
  • c. The Client upon being identified and notified must adhere to all Terms and Conditions of this Agreement; and
  • d. In the event the Client disputes the authorisation the Company retains a lien over the Client’s vehicle as per clause 8 of these Terms and Conditions.

• 4. ROLE OF THE AUTHORISED REPRESENTATIVE

  • 4.1 In the event the Client is deceased or incapacitated, an Authorised Representative may act on behalf of the Client. The Company must be notified as soon as possible and all necessary documentation must be provided to validate the authority of the Authorised Representative.
  • 4.2 The Authorised Representative assumes all responsibilities and liabilities of the Client under this Agreement and the Services Agreement. The Authorised Representative is responsible for ensuring all fees and payments under this Agreement are paid in full.

• 5. FEES AND PAYMENT

  • 5.1 Specification of Fees: The Client agrees to pay the Company the fees specified in the 'TOW TRUCK DRIVERS STATEMENT & AUTHORITY TO TOW' (‘’DS&A’’).
  • 5.2 Storage Fees: Vehicles stored at the Company’s holding yards will be subject to a daily storage fee as outlined in the DS&A.
  • 5.3 Towing Fees Calculation: Towing fees will be calculated based on the distance and type of service specified in the DS&A.
  • 5.4 Credit Card Surcharge: A surcharge will apply to all Credit Card payments as specified in the DS&A.
  • 5.5 Payment for Home Delivery: Payment in full is required upon delivery for vehicles towed to a home address. Failure to remit payment will result in transfer to a holding yard where daily storage fees will be applied.
  • 5.6 Payment Deadline: All fees must be settled within 7 days of receiving written demand from the Company.
  • 5.7 Interest and Administrative Charges: Overdue amounts will accrue interest at a rate of 18% per annum. Additionally, an administrative fee of $30 per reminder letter will be charged.
  • 5.8 Third Party and Uninsured Release Fee: A fee of $600 applies for third-party and uninsured vehicle release.
  • 5.9 Termination Fees and Penalties: If the Client terminates the Agreement under the circumstances stated in the Services Agreement:
    • a. The Client shall pay the Company for all Services rendered up to the date of termination calculated on a pro-rata basis where applicable.
    • b. If the termination is due to a breach by the Company, the Company shall refund any prepaid fees for Services not rendered as of the date of termination.
    • c. Any outstanding fees and charges must be settled by the Client upon termination. The Company will release the Client's vehicle and any personal belongings upon payment of all outstanding amounts.
    • d. An administrative fee of $50 will be applied for processing the termination and finalising the account.
  • 5.10 Additional Charges: These charges shall include:
    • a. Storage Fee: $100 per day;
    • b. Breakdown Hook: $120 Kilometre rate $4
    • c. Accident Tow: $ 1,363.63 Transfer $300
    • d. Breakdown Kilometre: $4; and
    • e. Accident Kilometre: $5

    (All prices are exclusive of GST and credit card surcharges)

• 6. LIMITATION OF LIABILITY

  • 6.1 To the extent permitted by law, the liability of the Company for any claim related to the Services provided under this Agreement is limited to:
    • a. The supplying of the Services again; or
    • b. The payment of the cost of having the Services supplied again.
  • 6.2 This limitation does not exclude the liability of the Company for any loss or damage that is caused by the negligence, wilful misconduct, or fraud on the part of the Company.

• 7. CONSUMER GUARANTEES & REFUNDS POLICY

  • 7.1 Eligibility for refunds shall be as follows:
    • a. Service Not Provided: If the Client has paid for Services that was not provided, the Client entitled to a full refund of the amount paid for that specific service.
    • b. Incorrect Service: If the Service provided does not match the Service the Client requested and paid for, the Client may be eligible for a partial or full refund depending on the extent of the discrepancy.
    • c. Service Quality Issues: If the Client believes that the quality of the Service provided was substandard or did not meet reasonable expectations, please contact the Company to discuss the issue. If after reviewing it is determined that the service quality was indeed substandard, the Client may be eligible for a partial or full refund.
    • d. Major Failures Under Australian Consumer Law: The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For any Major Failures with the Services the Client is entitled to:
      • i. Cancel your Services Agreement with the Company; and
      • ii. A refund for the unused portion or to compensation for its reduced value.
    • e. Service Not Provided: If the Client has paid for Services that was not provided, the Client entitled to a full refund of the amount paid for that specific service.
    • f. For the purposes of clause 7.1 , a Major Failure means a significant issue or fault with the Services provided by the Company that cannot be easily rectified and substantially impacts the ability of the service to meet its intended purpose.
  • 7.2 Non-Refundable Situations:
    • a. Change of Mind: Refunds will not be provided if the Client simply changes his mind about the Service after it has been performed.
    • b. Failure to Pay: No refund will be provided for Services that were completed but not paid for in full.
    • b. Service Already Provided: Refunds will not be provided for Services that have already been rendered and are in accordance with the agreed terms and conditions.
  • 7.3 Refund Process:
    • a. Contact Us: To request a refund, please contact the customer service team within 7 days of the Service being provided. You can reach us via:

      Email: info@crashtowing.com.au

      Phone: 08 93546600

      Postal Address: PO BOX 1350, Canning Vale WA 6155

    • b. Assessment: The Company will review the request and assess the eligibility for a refund. This process may require the Client to provide additional information or evidence to support the claim.
    • c. Notification: The Client will be notified of the outcome of the refund request within 14 days of initial contact.
    • d. Refund Method: Approved refunds will be made to the original payment method used during the transaction. In cases where this is not possible, the Company will arrange an alternative refund method with the Client.

• 8. LIEN

  The Company retains a lien over the Client’s vehicle until all amounts owed to the Company by the Client are paid in full. This lien extends to cover all debts of the client to the Company including but not limited to towing, salvage, storage fees, administrative fees, overdue interest, and any other outstanding charges. The Company may enforce this lien by retaining possession of the vehicle until all obligations are satisfied.

• 9. DISPUTE RESOLUTION

  If a dispute arises between the parties in connection with this agreement, the parties will first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) before having recourse to litigation. The mediation will be conducted in accordance with the ADC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ADC. The guidelines set out the procedures to be adopted, the process of selection of the mediator, and the costs involved. The terms of the guidelines are incorporated into these terms and conditions.