THE LEGALS
Term's & Conditions
Empire Refinish – Terms & Conditions of Service
Definitions, Quotations, Bookings & Mobile Repair Conditions
«IMPORTANT: These Terms & Conditions form part of every quotation, booking, estimate, invoice and repair agreement entered into between Empire Refinish ("Empire Refinish", "we", "our" or "us") and the customer ("Customer", "you" or "your"). Acceptance of a quotation, payment of a deposit or permitting Empire Refinish to commence work constitutes acceptance of these Terms & Conditions.»
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1. Definitions
Business means Empire Refinish.
Customer means the person, company or entity requesting or authorising repairs.
Vehicle means any motor vehicle, motorcycle, caravan, trailer or other item presented for repair.
Estimate/Quotation means the written or verbal price supplied by Empire Refinish.
Repair includes paint repairs, SMART repairs, paint correction, ceramic coatings, headlight restoration, wheel refinishing, trim refinishing and any related service supplied by Empire Refinish.
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2. Estimates & Quotations
2.1 All quotations are valid for 30 days unless otherwise stated.
2.2 Quotations supplied from photographs, videos or customer descriptions are estimates only and remain subject to physical inspection.
2.3 Empire Refinish reserves the right to amend any quotation if inspection reveals:
- additional damage;
- hidden damage;
- previous repairs;
- rust or corrosion;
- paint incompatibility;
- structural damage;
- aftermarket modifications;
- non-genuine panels;
- or any condition not evident from photographs.
2.4 No work beyond the quoted scope will be carried out without customer approval where additional charges apply.
2.5 Empire Refinish reserves the right to decline any repair if, in our opinion, the repair cannot be completed safely or to an acceptable professional standard.
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3. Acceptance of Quotation
The Customer accepts the quotation by:
- verbally accepting the quotation;
- accepting via SMS;
- accepting via email;
- paying a deposit;
- booking an appointment;
- or allowing Empire Refinish to commence repairs.
Acceptance forms a legally binding agreement incorporating these Terms & Conditions.
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4. Mobile Repair Service
4.1 Empire Refinish operates as a mobile automotive refinishing service.
Repairs may be completed:
- at the customer's home;
- workplace;
- business premises;
- or another location nominated by Empire Refinish.
4.2 Empire Refinish has sole discretion to determine whether a repair location is suitable.
Factors considered include but are not limited to:
- weather;
- wind;
- rain;
- dust;
- lighting;
- temperature;
- humidity;
- access;
- safety;
- available workspace;
- electrical supply.
4.3 Empire Refinish reserves the right to postpone, relocate or refuse repairs where environmental conditions may affect repair quality or safety.
4.4 Any postponement due to unsuitable conditions shall not constitute breach of contract.
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5. Vehicle Movement
Where necessary, the Customer authorises Empire Refinish to move or reposition the vehicle to safely complete repairs.
Where repairs require relocation to another suitable location, the Customer authorises Empire Refinish to transport the vehicle.
Provided reasonable care is exercised, Empire Refinish accepts no liability for delays arising from relocation.
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6. Customer Responsibilities
The Customer agrees to:
- provide safe access to the vehicle;
- ensure the vehicle is legally registered;
- disclose any previous repairs;
- disclose repainting;
- disclose accident history where known;
- disclose rust, corrosion or existing defects known to them;
- remove valuable personal belongings;
- provide access to electrical power where required;
- ensure sufficient working space around the vehicle.
Failure to disclose previous repairs or known defects may affect repair quality and may void any applicable warranty.
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7. Existing Damage & Previous Repairs
Empire Refinish repairs only the damage specified within the quotation.
Empire Refinish accepts no responsibility for:
- existing scratches;
- dents;
- rust;
- corrosion;
- fading;
- peeling;
- stone chips;
- paint failure;
- cracking;
- previous poor repairs;
- body filler failure;
- or defects unrelated to the quoted repair.
Where previous repairs fail during sanding, preparation or painting, additional repairs may become necessary and will be quoted separately.
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8. Additional Damage Discovered During Repairs
If hidden damage or additional work is discovered after repairs commence, Empire Refinish may:
- provide a revised quotation;
- suspend repairs pending approval;
- or decline to continue if approval is not received.
Work already completed remains payable.
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9. Repair Process
Empire Refinish uses recognised SMART repair techniques designed to restore damaged areas while preserving as much original factory finish as reasonably possible.
Repair methods are selected entirely at Empire Refinish's discretion based upon:
- repair quality;
- safety;
- durability;
- efficiency;
- manufacturer recommendations;
- and professional judgement.
The Customer acknowledges that repair methods may differ from those used by traditional body shops.
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10. Repair Quality
Empire Refinish undertakes to provide a high-quality professional aftermarket repair using industry-recognised materials, equipment and refinishing techniques.
Every reasonable effort will be made to achieve an excellent finish and colour match.
Minor variations may occur due to factors including but not limited to:
- age of existing paint;
- weathering;
- UV fading;
- manufacturing tolerances;
- previous repairs;
- aftermarket paint systems;
- environmental conditions;
- metallic or pearl paint characteristics.
These minor variations shall not of themselves constitute defective workmanship.
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11. Environmental Conditions
The Customer acknowledges repairs are completed outside a controlled spray booth.
Despite all reasonable precautions, minor environmental contamination such as isolated dust nibs may occasionally occur and shall not constitute defective workmanship where the repair otherwise meets accepted professional refinishing standards.
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12. Photographs
Empire Refinish may photograph the vehicle:
- before repairs;
- during repairs;
- and after repairs.
These photographs may be used:
- for quality control;
- warranty assessment;
- insurance purposes;
- training;
- or marketing.
Vehicle registration plates and customer-identifying information will not be intentionally published without consent.
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13. Colour Matching
13.1 Empire Refinish uses manufacturer paint codes, professional automotive refinishing systems and colour tinting techniques to achieve the closest possible colour match.
13.2 The Customer acknowledges that an exact colour match cannot always be guaranteed due to factors beyond Empire Refinish's control, including but not limited to:
- paint age;
- UV fading;
- oxidation;
- weathering;
- manufacturing tolerances;
- previous repairs;
- aftermarket paint;
- metallic, pearl and xirallic finishes;
- discontinued paint formulas.
13.3 Minor colour variation that falls within accepted automotive refinishing standards shall not constitute defective workmanship.
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14. Blending
Where required, Empire Refinish may blend colour into adjacent panels or sections to achieve the most natural appearance.
The decision whether to blend shall remain entirely at Empire Refinish's discretion.
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15. SMART Repairs
The Customer acknowledges that SMART Repairs (Small to Medium Area Repair Technology) are localised repairs designed to repair damaged areas while preserving as much of the original factory finish as reasonably possible.
Repair techniques may differ from those used by traditional body shops.
Empire Refinish determines the most appropriate repair method based upon:
- durability;
- appearance;
- practicality;
- efficiency;
- manufacturer recommendations.
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16. Paint Finish
Empire Refinish undertakes to provide a high-quality professional aftermarket repair.
Minor characteristics that fall within accepted automotive refinishing industry standards, including but not limited to isolated dust nibs, minor texture variation or slight differences consistent with a quality aftermarket repair, shall not constitute defective workmanship.
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17. Plastic Repairs
Plastic components including bumpers, trims, mirror covers and spoilers are repaired only where Empire Refinish considers repair commercially and structurally appropriate.
Previously repaired plastics, torn plastics, heavily stretched plastics or missing material may require replacement rather than repair.
Empire Refinish reserves the right to refuse repair where long-term durability cannot reasonably be expected.
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18. Rust & Corrosion
Empire Refinish does not guarantee repairs where corrosion exists.
Where rust is visible, hidden corrosion may also exist beneath surrounding paint.
Rust treatment carried out by Empire Refinish removes visible corrosion only and cannot guarantee future corrosion will not develop.
Any future corrosion shall not constitute defective workmanship.
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19. Previous Repairs
Empire Refinish accepts no responsibility for failures arising from:
- previous repairs;
- previous paintwork;
- body filler;
- incompatible paint systems;
- unknown repair materials;
- delamination;
- solvent reactions;
- adhesion failure.
Should previous repairs fail during preparation or refinishing, additional work will be quoted separately.
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20. Stone Chips & Existing Damage
Unless specifically included within the quotation, Empire Refinish accepts no responsibility for:
- existing stone chips;
- scratches;
- dents;
- hail damage;
- fading;
- paint wear;
- chips outside the repair area.
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21. Improve Only Repairs
Some repairs may be quoted as:
"Improve Only"
Where a repair is identified as Improve Only, Empire Refinish makes no representation that the repair will become invisible.
The objective is improvement only.
No warranty is provided regarding the cosmetic appearance of Improve Only repairs beyond reasonable workmanship.
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22. Paint Correction
Paint correction is intended to improve paint appearance through machine polishing.
Empire Refinish does not guarantee complete removal of:
- deep scratches;
- stone chips;
- etching;
- bird dropping damage;
- water spotting;
- clear coat failure;
- sanding marks from previous repairs.
Some defects may remain after correction.
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23. Ceramic Coatings
Ceramic coatings provide paint protection but are not permanent.
Performance depends upon:
- maintenance;
- storage conditions;
- environmental exposure;
- washing methods;
- chemical exposure.
The Customer agrees to follow all aftercare instructions.
Failure to do so may void any applicable warranty.
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24. Wheel Refinishing
Wheel refinishing is cosmetic only.
Empire Refinish accepts no responsibility for future damage including:
- kerb impact;
- tyre fitting damage;
- brake dust staining;
- stone chips;
- chemical damage;
- off-road use.
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25. Chrome Deletes
Chrome delete finishes carry a 2-year workmanship warranty.
The warranty excludes:
- stone chips;
- pressure washing damage;
- impact damage;
- chemical damage;
- lifting caused by existing chrome deterioration.
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26. Warranty
Empire Refinish provides a 5-Year Workmanship Warranty on eligible paint repairs.
The warranty covers defects resulting directly from incorrect preparation, application or workmanship by Empire Refinish.
The warranty applies only to the repaired area specified on the invoice.
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27. Warranty Exclusions
The warranty does not cover:
- stone chips;
- impact damage;
- accidents;
- vandalism;
- hail;
- corrosion;
- rust;
- UV damage;
- chemical damage;
- fuel spills;
- bird droppings;
- tree sap;
- insect remains;
- pressure washer damage;
- automatic car wash damage;
- industrial fallout;
- improper maintenance;
- neglect;
- previous repairs;
- aftermarket paint failure;
- panel movement;
- structural movement;
- manufacturer defects.
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28. Warranty Claims
Empire Refinish reserves the right to inspect any warranty claim before authorising repairs.
No repairs carried out by third parties shall be reimbursed unless prior written approval has been obtained.
Where a warranty claim is accepted, Empire Refinish may, at its sole discretion:
- repair the defect;
- rectify the repair;
- re-perform the affected repair;
- or refund the portion of the invoice relating to the affected repair.
This shall constitute the Customer's sole remedy.
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29. Aftercare
To maintain warranty, the Customer agrees:
- not to wash repaired areas for seven (7) days;
- not to polish or wax repaired areas for thirty (30) days;
- to remove bird droppings, tree sap and contaminants promptly;
- to avoid harsh chemicals during the curing period;
- to follow all aftercare instructions supplied by Empire Refinish.
Failure to comply may void warranty.
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30. Transferability
Unless otherwise agreed in writing, all warranties issued by Empire Refinish apply only to the original Customer named on the invoice and are not transferable upon sale or transfer of the vehicle.
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31. Payment Terms
31.1 Unless otherwise agreed in writing, full payment is due immediately upon completion of the repair.
31.2 Empire Refinish accepts payment by:
- Cash
- EFT
- Bank Transfer
- Credit/Debit Card
- Approved third-party payment providers
31.3 Where payment is made through a third-party finance provider or payment platform, any applicable surcharge will be disclosed before payment.
31.4 The Customer acknowledges that ownership of materials supplied remains with Empire Refinish until payment has been received in full.
31.5 Empire Refinish reserves the right to withhold photographs, invoices, warranty documentation or future bookings until all outstanding amounts have been paid.
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32. Deposits
32.1 Empire Refinish may require a booking deposit.
32.2 Deposits secure the booking time and compensate Empire Refinish for reserving time, purchasing materials and declining alternative work.
32.3 Unless otherwise agreed in writing, deposits are non-refundable where cancellation occurs within twenty-four (24) hours of the scheduled booking.
32.4 Deposits may also be forfeited where the Customer:
- is unavailable at the agreed appointment time;
- fails to provide access to the vehicle;
- provides incorrect booking information;
- prevents Empire Refinish from commencing work.
32.5 Empire Refinish may, at its sole discretion, transfer a deposit to another booking.
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33. Cancellations & Rescheduling
33.1 Customers may reschedule a booking without penalty by providing reasonable notice.
33.2 Empire Refinish reserves the right to charge a cancellation fee where a booking is cancelled after materials have been prepared or where insufficient notice prevents the booking from being filled.
33.3 Empire Refinish reserves the right to reschedule appointments due to:
- weather;
- illness;
- equipment failure;
- supplier delays;
- emergencies;
- unsafe working conditions;
- or events beyond its reasonable control.
Such rescheduling shall not constitute breach of contract.
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34. Failure to Attend
If the Customer is unavailable or the vehicle cannot be repaired due to circumstances within the Customer's control, Empire Refinish reserves the right to charge a call-out fee and/or retain any booking deposit.
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35. Right to Refuse Work
Empire Refinish reserves the right to refuse or discontinue repairs where:
- safety is compromised;
- repairs become commercially unreasonable;
- additional damage is discovered;
- abusive or threatening behaviour occurs;
- payment arrangements are not honoured;
- environmental conditions are unsuitable.
The Customer remains liable for work already completed.
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36. Customer Satisfaction
The Customer agrees to inspect the repair upon completion.
Any concerns should be raised before the vehicle leaves Empire Refinish's control or, where repairs are completed at the Customer's premises, within a reasonable time after completion.
Empire Refinish will be provided a reasonable opportunity to inspect and, where appropriate, rectify any workmanship issue before any third party undertakes repairs.
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37. Third-Party Repairs
Any repair, modification, polishing, repainting or alteration carried out by another person after Empire Refinish has completed work immediately voids the Empire Refinish warranty for the affected area.
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38. Limitation of Liability
To the maximum extent permitted by law:
Empire Refinish shall not be liable for:
- loss of income;
- loss of use;
- hire vehicle costs;
- accommodation;
- travel expenses;
- towing;
- inconvenience;
- loss of business;
- indirect loss;
- consequential loss;
- exemplary damages;
- special damages.
Empire Refinish's maximum liability shall not exceed the amount paid by the Customer for the relevant repair.
Nothing within these Terms excludes any rights that cannot lawfully be excluded under Australian Consumer Law.
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39. Australian Consumer Law
Nothing in these Terms & Conditions excludes, restricts or modifies any guarantee, warranty, right or remedy to which the Customer is entitled under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation where such exclusion is prohibited by law.
Where legislation permits Empire Refinish to limit its liability, Empire Refinish limits its liability to the maximum extent permitted by law.
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40. Force Majeure
Empire Refinish shall not be liable for delays or failure to perform obligations caused by events beyond its reasonable control, including but not limited to:
- severe weather;
- floods;
- storms;
- fire;
- power failure;
- supplier shortages;
- transport disruption;
- industrial action;
- government restrictions;
- pandemic;
- civil disturbance.
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41. Debt Recovery
If payment remains outstanding, the Customer agrees to pay all reasonable costs incurred by Empire Refinish in recovering the debt, including:
- debt collection fees;
- legal costs;
- court filing fees;
- enforcement costs;
- interest where permitted by law.
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42. Privacy
Empire Refinish will only collect personal information reasonably necessary to provide services.
Customer information will not be sold or disclosed except where required:
- by law;
- to process payment;
- to recover outstanding debts;
- or where authorised by the Customer.
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43. Intellectual Property
All photographs, videos, logos, quotations, documents and marketing material created by Empire Refinish remain the intellectual property of Empire Refinish unless otherwise agreed in writing.
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44. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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45. Entire Agreement
These Terms & Conditions constitute the entire agreement between Empire Refinish and the Customer and supersede all previous discussions, representations or understandings relating to the services provided.
No verbal representation shall vary these Terms unless confirmed in writing by Empire Refinish.
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46. Governing Law
These Terms & Conditions are governed by the laws of Queensland, Australia.
The parties submit to the exclusive jurisdiction of the courts of Queensland.
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47. Acceptance
By accepting a quotation, paying a deposit, booking an appointment, permitting Empire Refinish to commence work or making payment, the Customer acknowledges that they have read, understood and accepted these Terms & Conditions in full.
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Warranty Summary
Unless otherwise stated:
- Paint Repairs: 5-Year Workmanship Warranty
- Wheel Refinishing: 5-Year Workmanship Warranty
- Paint Correction: No durability warranty (appearance improvement service)
- Ceramic Coatings: Manufacturer's product warranty subject to maintenance requirements.
- Chrome Deletes: 2-Year Workmanship Warranty.
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Empire Refinish
Restore • Refine • Protect