1. Definitions
“Agreement” means this Repair Agreement.
“Customer” means the person/s or entity named in the Repair Order and includes their personal representatives, successors, administrators and assigns.
“Repair Order” means the e-scooter repair sheet overleaf detailing the Works to be effected in respect of the e-scooter/e-bike.
“Total Price” means the full amount payable by the Customer to Cre8ive Sk8 for effecting the Works calculated as specified in clause 5.
“Works” means the labour, parts and material to be supplied by the Repairer to effect the service or repairs to the e-scooter/e-bike listed in the Repair Order.
2. Customer’s Obligations
2.1. By signing the Repair Order or verbally authorising Cre8ive Sk8 to carry out the Works, the Customer warrants that they own the e-scooter/e-bike or has the owner’s authority to contract with Cre8ive Sk8 to carry out the Works to the e-scooter/e-bike.
2.2. The Customer warrants the accuracy of the service and use history of the e-scooter/e-bike related to Cre8ive Sk8 at the time the Repair Order was signed or the Works authorised by the Customer.
2.3. The Customer will be readily available while Cre8ive Sk8 is effecting the Works to provide further instructions and authorisation if Cre8ive Sk8 determines that different or additional Works to those listed in the Repair Order will be required.
2.4. The Customer will promptly pay Cre8ive Sk8 any amount/s required by way of deposit or payment on account of work-in-progress for the Works.
2.5. If the Customer does not comply with their obligations under this Agreement, Cre8ive Sk8 may cancel or suspend the Works and retain possession of the e-scooter/e-bike until the Customer complies with its obligations. Cre8ive Sk8 will not be liable for any loss or damage suffered by the Customer as a result of any such cancellation, suspension or retention.
3. Customer’s Authorisations
3.1. The Customer gives Cre8ive Sk8 the following authorisation to enable Cre8ive Sk8 to effect the Works:
(a) to purchase the parts and materials it requires to effect the Works in accordance with the Repair Order;
(b) to allow the Cre8ive Sk8’s staff to operate the e-scooter/e-bike anywhere and at any time for the purpose of effecting the Works;
(c) to effect the Works in accordance with the Repair Order once the Customer signs the Repair Order or verbally authorises the Works;
3.2. In relation to the authorisations contained in clause 3.1:
(a) As regards clause 3.1(a), if for any reason the Customer cancels the Repair Order, the Customer will be liable to pay for any parts or materials especially ordered to effect the Works which the Repairer determines cannot readily be used for other customers’ works.
(b) In relation to clause 3.1(b), the Customer agrees that the e-scooter/e-bike is operated by Cre8ive Sk8’s staff as agent for and on behalf of the Customer and without being liable to the Customer or the owner of the e-scooter/e-bike for any loss or damage to the Vehicle while in the possession of the Repairer or any contractor of the Repairer.
(c) In relation to clause 3.1(c), Cre8ive Sk8 will use its reasonable endeavours to complete the Works within the time estimated in the Repair Order, however Cre8ive Sk8 will not be liable for any loss or damage sustained by the Customer by reason of any delay beyond the reasonable control of Cre8ive Sk8. If different or additional Works become necessary, then those Works will be completed within a reasonable time of the original estimate.
4. Warranties
Cre8ive Sk8 warrants that it will perform the Works as detailed in the Repair Order with due care and skill using good quality materials and parts.
5. Total Price
The Customer acknowledges that the quoted price for the Works stated in the Repair Order is an estimate only and is subject to variation due to either:
(a) an increase in the cost of supplying labour, parts and materials after the quoted price was given;
(b) the need to effect different or additional Works to repair the e-scooter/e-bike. The customer will be informed of any additional Works/costs before the commencement of such Works.
6. Cre8ive Sk8’s Rights
6.1. If the Customer fails to pay some or all of the Total Price in accordance with clause 5, the Customer will pay Cre8ive Sk8 the following additional amounts:
(a) interest on the unpaid amount charged at the rate of 8% per annum from the date the repair is finished.
(b) a charge to store the e-scooter/e-bike at Cre8ive Sk8’s premises at the rate of $25 per day from 3 days after the date the Repairer notified the Customer that the Vehicle was ready for collection to the date of actual payment, unless a later pick-up was organised at the time of drop off.
6.2. (a) The Customer agrees to the creation of a Cre8ive Sk8’s lien over the e-scooter/e-bike.
(b) Cre8ive Sk8 has the right to retain possession of the e-scooter/e-bike until all amounts owing to Cre8ive Sk8 by the Customer have been paid.
(c) The Customer has no claim against Cre8ive Sk8 for any loss or damage arising from the exercise of the lien over the e-scooter/e-bike by Cre8ive Sk8.
6.3. Cre8ive Sk8 deserves the right to cancel any Works in progress if staff is feeling under threat by actions or words from the Customer. We don’t accept abuse.
7. Risk
7.1. Cre8ive Sk8 will effect the Works taking all necessary steps to avoid loss or damage to the e-scooter/e-bike.
7.2. If despite taking such steps, the e-scooter/e-bike is lost or damaged while in the possession of Cre8ive Sk8, the Customer releases Cre8ive Sk8 from all liability for such loss or damage to the e-scooter/e-bike.
7.3. Cre8ive Sk8 will not effect insurance over the Customer’s e-scooter/e-bike while it is in Cre8ive Sk8’s possession.