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WA Australian Consumer Law - Can Clause on Invoice be Enforced?

Discussion in 'Australian Consumer Law Forum' started by m2316, 28 April 2016.

  1. m2316

    m2316 Active Member

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    I recently transported my car interstate and it was damaged by the transport company. But to start from the beginning, I received the quote for the transport freight on the 11th of February and agreed to the amount with a response email. The car was then picked up on the 19th of February. I then received the invoice for the agreed amount on the 25th of February which I paid in full. They have now told me that on that the invoice, there was a small line item stating "standard terms and conditions apply and can be provided on request." The terms apparently include "that the customer must pay $800 excess for any damages in transport."

    At the time of receiving the invoice with the clause, the offer had already been accepted and the car was already in transport. The terms could not have been used as a means of accessing whether to accept or reject the offer. Can this term be enforced if the invoice including the terms and conditions clause was issued after the car was picked up and written offer and acceptance already communicated?

    Your guidance on Australian Consumer Law would be appreciated.

    Thank you
     
  2. m2316

    m2316 Active Member

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    Further to the above, It would make no sense to me to have to pay excess as it was the transport company that damaged the car whilst it was in their car. Surely Australian Consumer Law would come into play here.
     

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