AAAC Towing Pty Ltd Towing Terms and Conditions
Driver’s Address: c/o 310 Treasure Road North. Welshpool WA 6106
Maximum Towing Fees $485 inc GST for standard vehicles towed from a traffic accident within the Perth
metropolitan area inclusive of up to 50km, maximum $5 inc GST per km thereafter. Salvage fees of $132 inc GST per standard vehicle may apply if loading cannot be completed within 30 minutes of attendance.
Maximum outside Yard Storage fees of $25 inc GST ex GST.
Maximum Yard Administration fees $88.00 inc GST.
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Parties
1.1 The parties to this agreement are:
(a) the Owner.
(b) the Driver on behalf of the Owner, if the Driver is not the Owner:
(c) the authorising Police Officer on behalf of the Owner, if the Police Officer has to authorise the Towing and Related Services; and
(d) AAAC and the Towing Contractor.
1.2 If the Driver signs the Authority, the Driver:
(a) acknowledges that the Driver has the authority sign on behalf of the Owner.
(b) guarantees the obligations of the Owner under these terms and conditions; and
(c) indemnifies AAAC and the Towing Contractor for what would have been the Owner’s obligations under these terms and conditions should these terms and conditions not be enforceable against the Owner,
1.3 In the event of a police officer signing the Authority, in accordance with Road Traffic (vehicles)
Amendment Regulations (No2) 2022, in the absence or incapacity of owner, driver or adult persons in charge of vehicle, these terms and conditions do not impose any obligations on the Police Department, Road Traffic Authority or the police officer.
2. Provision of Services
2.1 AAAC and the Towing Contractor agree to provide the Towing and Related Services to the Owner.
2.2 The Supplier will deliver the Vehicle to the Drop Off Address and no other, except by special arrangement, and only if all fees due and payable as a result of the provision of the Towing and Related Services are paid in full on or before delivery.
3. Fees and Payment
3.1 Fees payable by the Owner to AAAC for the Towing and Related Services are specified in AAAC’s current schedule of fees, which is available on request from the Towing Contractor.
3.2 Storage for the first 48 hours from the time of towing is included in the Yard Fee. The Supplier may charge daily storage fees thereafter, which may vary according to the size and type of the Vehicle. The obligation to pay storage fees does not cease if the Owner demands possession of the Vehicle without tendering payment in full for the fees for all the Towing and Related Services.
3.3 Towage service fees are calculated according to the time taken to tow the Vehicle from the Collection Address to the Drop Off Address, except to the extent that any delay is caused by AAAC or the Towing Contractor. If the Vehicle becomes bogged in the course of towing in accordance with the authority of the Owner, the cost of recovering the Vehicle shall be borne by the Owner.
3.4 Cheques can be refused, but if payment is made by cheque, the cheque shall be collateral only and shall not discharge the Owner’s obligation to pay under this Contract until the cheque has been cleared by the drawer’s bank.
3.5 The Owner shall pay:
(a) interest on the overdue amounts at the rate of 15% per annum simple interest: and
(b) an administrative fee of $50.00 for each reminder letter sent by AAAC seeking payment of an overdue account.
4. Lien
4.1 The Supplier may exercise a lien over the Owner’s vehicle until all monies due and payable by the owner to AAAC are paid in full.
4.2 The lien shall not be extinguished if the Owner demands possession of the Vehicle or temporarily retakes possession of the Vehicle.
4.3 The lien also extends to cover all monies owing by the Owner to AAAC, not just the money owing in respect of the Towing and Related Services performed by AAAC or the Towing Contractor since AAAC or the Towing Contractor last obtained possession of the Vehicle.
5. Disposal of Uncollected Goods
5.1 The Owner shall arrange collection of the Vehicle within 30 days of towing, failing which AAAC may sell the Vehicle and apply the proceeds of the sale in satisfaction of any money owed to AAAC by the Owner, without the need to advise the Owner, and the Owner appoints AAAC as its attorney for the purpose of effecting such a sale.
5.2 AAAC shall make reasonable efforts to: (a) notify the Owner of the impending sale; and (b) sell the Vehicle for its market value.
5.3 Any monies in excess of the outstanding debt shall be held in trust for the Owner and paid to the owner within a reasonable time after the sale if the Owner can be contacted.
6. Fees, Charges & Enforcement Expenses
The Owner shall reimburse the Supplier for all reasonable fees and expenses incurred by the Supplier in connection with the recovery of overdue accounts and/or breaches and enforcement of these terms and conditions and/or lost profit and consequential loss and damage, including legal fees on a solicitor and client basis
7. Limitation of Liability
7.1 The Supplier is not a common carrier and does not accept any liability as a common carrier and may refuse to transport the Vehicle for the Owner accept on these terms and conditions.
7.2 Save and except to any rights and warranties not permitted to be excluded by law-
(a) the Owner acknowledges that no promise, representation or warranty or undertaking has been made or given by AAAC or the Towing Contractor in relation to the Towing and Related Services.
(b) the liability of AAAC and the Towing Contractor are limited to, at the option of the Supplier: the re-provision of the Services, or to the payment of the cost of re-provision of the Services, or to any lesser liability permitted by the relevant law.
(c) AAAC and the Towing Contractor are not to be responsible for any delay, inconvenience or loss of any kind whatsoever by reason of any accident, breakdown or defect in any Vehicle or by reason of any similar cause.
(d) storage by AAAC pending receipt of instructions from the Owner, of the Vehicle, including any personal belongings left in the Vehicle, is entirely at the risk of the Owner; and
(e) AAAC and the Towing Contractor are not to be liable for any consequential damage that may result from a breach of these terms and conditions by them or loss or damage suffered to the Vehicle during the provision of the Towing and Related Services.
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Miscellaneous Provisions
8.1 AA
\AC and the Towing Contractor may sub-contract all or part of these terms and conditions.
8.2 The invalidity or enforceability of any one or more of the provisions of these terms and conditions will not invalidate, or render unenforceable, the remaining provisions of this Agreement.
8.3 These terms and conditions are governed by the laws of Western Australia and the parties submit to the jurisdiction of the courts of Western Australia.
8.4 These terms and conditions incorporate by reference documents listed in these terms and conditions which the Supplier may amend from time to time.
8.5 No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will Operate as a waiver, nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
8.6 Any notice may be served personally or be left at or sent by letter addressed to the other party at the party’s address specified in the Authority. If posted, the notice shall be deemed to be served 2 business days after posting. Notices sent by facsimile shall be deemed to be duly given within 1 business day of receipt by the sender of a transmission report indicating successful transmission
Definitions
In these terms and conditions:
“AAAC means AAAC Towing Pty Ltd ACN109 180 350; “Authority means the AAAC Tow and Salvage Authority on the reverse hereof which incorporates these terms and conditions. “Collection Address” means the collection address specified in item 3 of the Authority:
“Driver” means the driver specified in item 2 of the Authority and includes an adult that is in charge of the Vehicle:
“Drop Off Address” means the drop off address specified in item 3 of the Authority. Owner” means the owner specified in item 2 of the Authority:
“Towing and Related Services” means any salvage, towing. yard handling, wheel changes, use of inkers and storage in relation to the Vehicle.
“Towing Contractor” means the towing contractor specified in item 7 of the Authority. Vehicle” means the vehicle specified in item 3 of the Authority.