Workshop Cancellation, Deposits & Refunds Policy

ASLmods – Workshop Cancellation, Deposits & Refunds Policy

1. Application

This Workshop Cancellation, Deposits & Refunds Policy applies to all Workshop Services booked, quoted or performed by ASLmods, including:

• engine conversions;
• mechanical repairs;
• fabrication;
• modification work;
• installation and fitment;
• electrical work;
• diagnosis;
• tuning;
• testing;
• custom projects; and
• other Workshop Services.

This Policy applies separately from the ASLmods Online Returns & Refunds Policy.

This Policy should be read together with the:

• ASLmods Workshop Terms & Conditions;
• ASLmods Workshop Warranty Policy;
• applicable Quote or Estimate;
• applicable Work Order; and
• applicable Work Authorisation.

Nothing in this Policy excludes, restricts or modifies any right or remedy which cannot lawfully be excluded under the Australian Consumer Law.

2. Workshop Bookings

2.1 Booking Confirmation

A Workshop booking is not confirmed until any deposit required by ASLmods has been received.

ASLmods may decline to reserve:

• workshop time;
• an engine-conversion position;
• fabrication time;
• parts;
• materials; or
• other resources

until the required deposit has been paid.

2.2 Purpose of Deposits

Depending on the Workshop Services, a deposit may be required to:

• reserve workshop capacity;
• secure a position in the engine-conversion queue;
• order parts or materials;
• commence fabrication;
• engage subcontractors;
• cover preliminary work;
• cover project administration; or
• otherwise prepare for the Customer's project.

The amount and purpose of the deposit may be specified in the applicable Quote or Work Order.

The $1,000 engine-conversion booking deposit is a specific booking deposit governed by section 3 of this Policy and is separate from any additional deposit, parts payment, progress payment or other amount that ASLmods may require for the conversion.

3. Engine Conversion Booking Deposit

3.1 Securing a Conversion Position

A $1,000 non-refundable booking deposit is required to secure a position in ASLmods' drive-in/drive-out engine-conversion queue.

The booking deposit reserves workshop capacity and allows ASLmods to allocate labour, resources and a position in the conversion schedule to the Customer's project.

The Customer acknowledges that, once the booking is confirmed, ASLmods may:

• reserve workshop capacity;
• allocate labour and resources;
• decline or defer other work;
• commence project planning and administration;
• order or allocate components;
• arrange subcontractors; and
• otherwise make commitments in reliance upon the confirmed booking.

The $1,000 booking deposit is separate from any additional deposit, parts payment, progress payment or other amount that may be required by ASLmods in connection with the conversion.

3.2 Customer Cancellation

If the Customer cancels the engine-conversion booking, decides not to proceed, or fails to present the Vehicle for the agreed booking without having made alternative arrangements acceptable to ASLmods, the $1,000 booking deposit is non-refundable.

This includes where the Customer:

• changes their mind;
• sells or intends to sell the Vehicle;
• purchases another Vehicle;
• no longer requires the conversion;
• experiences a change in personal or financial circumstances;
• decides to have the work performed elsewhere; or
• otherwise elects not to proceed with the booked conversion.

Any additional deposit, parts payment, progress payment or other amount paid by the Customer is not automatically non-refundable merely because the $1,000 booking deposit is non-refundable.

Any additional amounts will be dealt with in accordance with the remaining provisions of this Policy and applicable law.

3.3 Rescheduling

A request to reschedule an engine conversion does not automatically constitute cancellation.

ASLmods may, at its discretion, agree to transfer the $1,000 booking deposit to a rescheduled conversion date.

Any rescheduled booking is subject to ASLmods' workshop availability, and the Customer may not retain their original position in the engine-conversion queue.

Repeated rescheduling, prolonged postponement or failure to proceed within a reasonable period may be treated as cancellation after reasonable notice is provided to the Customer.

3.4 Cancellation by ASLmods

If ASLmods cancels the engine-conversion booking and is unable or unwilling to perform the booked Workshop Services for reasons not caused by the Customer, the $1,000 booking deposit will be refunded.

This does not apply where the booking is cancelled or terminated because of:

• Customer non-payment;
• a material breach by the Customer;
• failure to provide the Vehicle;
• materially incorrect or misleading information provided by the Customer;
• unsafe or unlawful instructions from the Customer; or
• another circumstance attributable to the Customer,

subject to applicable law.

3.5 Australian Consumer Law

Nothing in this section excludes, restricts or modifies any right or remedy available to the Customer under the Australian Consumer Law that cannot lawfully be excluded.

4. Cancellation Before Workshop Services Commence

If a Customer cancels Workshop Services before work commences, ASLmods may deduct or recover reasonable costs already incurred in connection with the booking.

These may include:

• administration;
• diagnosis or inspection already performed;
• parts ordered;
• freight;
• supplier cancellation charges;
• custom manufacturing;
• fabrication;
• engineering;
• subcontractor charges; and
• other costs reasonably incurred specifically for the Customer's project.

This section does not alter the non-refundable nature of the $1,000 engine-conversion booking deposit under section 3.

Where another deposit or advance payment has been made, any refundable balance will be calculated after applicable costs and amounts owing to ASLmods have been accounted for.

5. Cancellation After Workshop Services Have Commenced

If the Customer cancels a project after Workshop Services have commenced, the Customer must pay for all work and costs reasonably incurred up to the effective date of cancellation.

This may include:

• labour performed;
• diagnosis;
• dismantling;
• fabrication;
• parts;
• materials;
• consumables;
• freight;
• machining;
• engineering;
• subcontractor services;
• storage where applicable; and
• other authorised project costs.

ASLmods may apply deposits and progress payments already received against amounts owing.

If the amount owing exceeds monies already paid, the Customer must pay the outstanding balance before the Vehicle, components or other Customer property are released, subject to applicable law.

6. Parts Ordered for Workshop Projects

6.1 Standard Parts

Where ASLmods purchases a standard part specifically for a Customer's Workshop Services and the Customer subsequently cancels the project, ASLmods will determine whether the part can reasonably be:

• returned to the supplier;
• cancelled; or
• returned to ASLmods stock.

Any applicable:

• supplier restocking fee;
• return freight;
• cancellation fee;
• handling charge; or
• other reasonable return cost

may be deducted from any amount otherwise refundable to the Customer.

6.2 Non-Returnable Parts

Where a component has been specially ordered and cannot reasonably be returned or cancelled, the Customer remains responsible for the cost of that component.

Where the Customer has paid for the component in full, the component will be made available for collection, subject to any lawful lien or outstanding amounts owing to ASLmods.

7. Custom-Made and Modified Components

Components which have been:

• custom manufactured;
• fabricated;
• machined;
• modified;
• painted;
• powder coated;
• colour matched;
• programmed;
• configured;
• altered; or
• otherwise produced specifically for the Customer's Vehicle

cannot ordinarily be returned to stock or another supplier.

If a project is cancelled after such work has commenced, the Customer is responsible for reasonable costs already incurred in producing or modifying those components.

Once paid for in full, Customer-specific components may be made available for collection where practicable.

8. Customer-Supplied Parts

Where the Customer cancels Workshop Services involving Customer-supplied parts, the Customer remains responsible for:

• labour already performed;
• diagnosis;
• attempted fitment;
• dismantling;
• removal;
• storage where applicable; and
• any other authorised costs reasonably incurred.

Customer-supplied parts will be returned when the Vehicle is collected where reasonably practicable and once amounts lawfully owing to ASLmods have been paid.

9. Progress Payments

For engine conversions, long-term builds, fabrication projects or other substantial Workshop Services, ASLmods may require progress payments.

Progress invoices may be issued:

• at agreed project stages;
• when significant parts are ordered;
• following completion of specified work;
• periodically during a long-term project; or
• as otherwise specified in the Quote.

Progress invoices must be paid in accordance with the payment terms shown on the invoice.

10. Failure to Make a Progress Payment

If a Customer fails to pay a progress invoice by its due date, ASLmods may, subject to applicable law:

(a) suspend Workshop Services;

(b) postpone further work;

(c) postpone ordering additional components;

(d) move the Vehicle out of an active workshop position where reasonably necessary;

(e) revise the anticipated completion timeframe; and

(f) after reasonable notice, charge applicable storage fees where the Vehicle remains at ASLmods' premises because the project cannot continue due to non-payment.

Work may remain suspended until overdue amounts have been paid.

11. Customer-Requested Project Suspension

If a Customer asks ASLmods to suspend a project after it has commenced, ASLmods may agree to do so at its discretion.

The Customer remains responsible for:

• work already performed;
• parts already ordered;
• supplier commitments;
• subcontractor charges;
• fabrication already commenced;
• reasonable storage charges; and
• other costs already incurred.

ASLmods does not guarantee that the original workshop position or completion timeframe can be retained after a Customer-requested suspension.

When the Customer wishes to resume the project, ASLmods may schedule the remaining Workshop Services according to then-current workshop availability.

12. Customer Delays

Where Workshop Services are delayed because the Customer:

• fails to provide instructions;
• fails to approve or decline additional work;
• fails to provide required parts;
• fails to make a payment;
• requests that work be postponed;
• fails to provide required information; or
• otherwise prevents ASLmods from reasonably progressing the project,

ASLmods may adjust the project schedule accordingly.

The Customer acknowledges that the Vehicle may lose its active workshop position where the delay prevents ASLmods from continuing work.

ASLmods will recommence work as reasonably practicable having regard to workshop capacity and existing bookings.

13. Cancellation by ASLmods

ASLmods may cancel or terminate Workshop Services where reasonably necessary, including where:

• the Customer fails to make payment when due;
• the Customer materially breaches the Workshop Terms & Conditions;
• the Customer provides false, incomplete or materially misleading information;
• the requested work cannot safely or lawfully be performed;
• previously unknown Vehicle conditions make the project impracticable;
• required components cannot reasonably be obtained;
• continuing the project would create an unreasonable safety risk; or
• circumstances outside ASLmods' reasonable control prevent the Workshop Services from being completed.

Where ASLmods cancels a project for reasons not caused by the Customer, ASLmods will account to the Customer for monies paid and refund any amount exceeding the reasonable value of:

• Workshop Services already performed;
• Goods supplied or committed to the Customer;
• Customer-specific parts;
• third-party services already incurred; and
• other reasonable project costs already incurred,

subject to the Customer's rights under the Australian Consumer Law.

Where cancellation results from ASLmods' failure to comply with an applicable consumer guarantee, the Customer retains all remedies available under the Australian Consumer Law.

14. Customer Changes Their Mind

ASLmods is not required to provide a refund merely because the Customer:

• changes their mind;
• decides they no longer want the modification;
• purchases another Vehicle;
• sells or intends to sell the Vehicle;
• decides not to proceed with the project;
• changes their financial circumstances; or
• no longer requires the booked Workshop Services.

Where the Customer cancels, ASLmods will deal with deposits, payments and amounts already incurred in accordance with this Policy and applicable law.

15. Sale, Theft, Accident or Loss of Vehicle

The sale, theft, accident, write-off or other loss of the Customer's Vehicle does not automatically entitle the Customer to a refund of amounts already reasonably incurred or committed by ASLmods in connection with the Workshop Services.

Where the project is cancelled as a result, ASLmods will assess the cancellation in accordance with this Policy.

Any refundable balance will be determined after accounting for reasonable:

• work already performed;
• parts and materials;
• supplier commitments;
• fabrication;
• third-party charges; and
• other costs reasonably incurred.

16. Refunds

Where a refund is payable by ASLmods, the refund will ordinarily be made using the original payment method where reasonably practicable.

Before calculating a refund arising from Customer cancellation, ASLmods may deduct amounts the Customer is liable to pay under this Policy.

ASLmods will provide reasonable details of material deductions where requested.

Nothing in this section limits a Customer's entitlement to a refund or other remedy under the Australian Consumer Law.

17. Credits

Where agreed between ASLmods and the Customer, an amount otherwise refundable may instead be applied as credit towards other ASLmods Workshop Services or Goods.

A Customer is not required to accept store credit instead of a monetary refund where the Customer has a legal right to a monetary refund under the Australian Consumer Law.

18. Completion and Final Payment

ASLmods will notify the Customer when the Vehicle is ready for collection.

Unless otherwise agreed in writing, all amounts owing for:

• Workshop Services;
• parts;
• materials;
• fabrication;
• subcontractors;
• freight;
• storage; and
• other authorised charges

must be paid in full before the Vehicle is released.

ASLmods may exercise any lawful lien, right of retention, retention-of-title right or other security right available in relation to unpaid amounts in accordance with the ASLmods Workshop Terms & Conditions and applicable law.

19. Vehicle Collection

The Customer must arrange collection of the Vehicle within 7 days after being notified by ASLmods that the Vehicle is ready for collection, unless another arrangement has been agreed.

If the Vehicle is not collected within that period, storage charges may apply in accordance with the ASLmods Workshop Terms & Conditions.

20. Storage Charges

Where applicable, ASLmods may charge a reasonable daily storage fee after giving the Customer notice of the applicable charge.

Storage charges may apply where:

• a completed Vehicle is not collected;
• work is suspended because of Customer non-payment;
• the Customer requests an extended project suspension;
• the Customer fails to provide required instructions or components; or
• another Customer-caused delay results in the Vehicle occupying workshop or storage space for an unreasonable period.

Storage charges will only commence after the Customer has been notified of the applicable fee or charging arrangement.

21. Uncollected Vehicles and Property

If a Vehicle, part or other Customer property remains uncollected, ASLmods may exercise its rights under applicable Western Australian law concerning uncollected goods.

ASLmods will provide any notice required by law before selling, disposing of or otherwise dealing with uncollected property.

Any applicable storage, disposal and other lawful charges may be recovered from the Customer to the extent permitted by law.

22. Removed Parts and Cancelled Projects

Where a project is cancelled after the Vehicle has been dismantled, ASLmods is not necessarily required to return the Vehicle to its original configuration unless:

• that work is included in the cancellation arrangement;
• the Customer authorises and pays for the required labour and parts; or
• ASLmods is otherwise legally required to do so.

Where the Customer requests that the Vehicle be reassembled following cancellation, the additional labour, parts and materials reasonably required may be charged to the Customer.

23. Cancellation After Dismantling

Where Workshop Services are cancelled after dismantling has commenced:

(a) the Customer must pay for work already performed;

(b) ASLmods may complete work reasonably necessary to leave the Vehicle or components in a condition suitable for storage or transport;

(c) reasonable labour and materials required for that purpose may be charged to the Customer;

(d) the Vehicle may be released in a dismantled or partially dismantled condition where safe and reasonably practicable; and

(e) if the Customer requires reassembly, the Customer is responsible for the reasonable cost of reassembly unless ASLmods is legally responsible for the cancellation.

24. Cancellation of Custom Engine Conversions

Where a drive-in/drive-out engine conversion is cancelled after work has commenced, the Customer acknowledges that ASLmods may already have:

• removed the original engine or drivetrain;
• modified wiring;
• fabricated components;
• modified Vehicle systems;
• purchased conversion-specific components;
• programmed electronic components; or
• otherwise altered the Vehicle.

The Customer is responsible for reasonable costs associated with work already performed and commitments already made.

ASLmods is not required to restore the Vehicle to its pre-conversion condition without additional payment unless ASLmods is legally responsible for doing so.

25. Electronic Cancellation and Instructions

Cancellation, suspension or rescheduling instructions may be provided:

• in writing;
• by email;
• by SMS or other electronic message;
• through an electronic booking or job-management system; or
• by another communication method accepted by ASLmods.

ASLmods may request written confirmation of any verbal cancellation, suspension or rescheduling instruction.

Electronic communications and ASLmods business records may be relied upon as evidence of the Customer's instructions to the extent permitted by law.

The effective date of cancellation will generally be the date ASLmods receives clear notice that the Customer no longer wishes to proceed.

26. Australian Consumer Law

Nothing in this Policy is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Where ASLmods fails to comply with an applicable consumer guarantee, the Customer may be entitled to remedies under the Australian Consumer Law regardless of provisions in this Policy concerning:

• cancellation;
• deposits;
• refunds;
• credits;
• deductions;
• freight;
• storage; or
• other charges.

27. Changes to this Policy

ASLmods may amend this Workshop Cancellation, Deposits & Refunds Policy from time to time.

Unless otherwise agreed or required by law, amendments will apply to Workshop Services contracted after the amended Policy takes effect and will not retrospectively alter an existing Workshop contract.

28. Contact Details

Cancellation, suspension, rescheduling and refund enquiries should be directed to:

ASLmods
ABN: 26 693 324 275
Address: 20 Thurso Rd, Myaree WA 6154
Phone: 0477 313 106
Email: admin@aslmods.com