Terms & Conditions

Welcome to Millennium Lighting. By using this website and placing an order or booking with us, you agree to the following terms. Please read them carefully. 1. Definitions 1.1 “Millennium Lighting” means The Millennium Lighting Pty Ltd (ABN 71 655 039 875). 1.2 “Agreement” means the terms and conditions contained herein, together with any Quotation, order, invoice or other document, including any Electronic Communications between Millennium Lighting and the Customer, or amendments expressed to be supplemental to this Agreement. 1.3 ‘Customer’ means the individual person, or any other person acting on behalf of and with the authority of the Customer, firm organisation, partnership, corporation, trustee of a trust or other entity (including its successors and permitted assigns) to whom Goods and/or Services are provided to by Millennium Lighting. 1.4 “Electronic Communications” means any communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy transmitted between Millennium Lighting and the Customer. 1.5 “GST” means Goods and Services Tax as defined within the ‘A New Tax System (Goods and Services Tax) Act 1999” (Cth). 1.6 “Goods” means all Goods or Services supplied by Millennium Lighting to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other). 1.7 “Motor Vehicle” means the Customer’s Motor Vehicle as described in the Quotation annexed to this Agreement. 1.8 “Price” means Millennium Lighting’s Quotation annexed to this Agreement. 1.9 “Quotation” means any price or quote annexed to this Agreement. 1.10 “Services” means all services supplied by Millennium Lighting to the Customer (and where the context so permits shall include any supply of Goods as described above) at the Customer’s request from time to time. 1.11 “Service Date” means the date that the Customer delivers the Motor Vehicle to Millennium Lighting to perform the Services. Acceptance 2.1 Any Quotation annexed to this Agreement is valid for 14 days from the date of issue and may be subject to change after this period. 2.2 The Customer agrees that upon making a booking with Millennium Lighting, the Service Date must be within one (1) month of the Customer accepting the Quotation. 2.3 The Customer agrees to these terms and conditions if the Customer places an order for or accepts services provided by Millennium Lighting. 2.4 These terms and conditions, any related quotes, orders, invoices, and Electronic Communications, constitutes the entire agreement between Millennium Lighting and the Customer. 2.5 In the event of any inconsistency between the terms and conditions of this Agreement and any other document that the parties have entered into, the terms of this Agreement shall prevail. 3. Inclusions 3.1 Any Quotation annexed to this Agreement is based on Millennium Lighting’s interpretation of the information provided to Millennium Lighting. It is the Customer’s responsibility to check the accuracy of information provided to Millennium Lighting. 3.2 The information contained in any is the full extent of Millennium Lighting’s offer to carry out the Services and this Agreement supersedes all prior offers made. 4. Exclusions 4.1 The Quotation excludes the following works: i. Electric Vehicle repairs; ii. Mechanical repairs; iii. Tyre installation and repairs; iv. Car tuning; v. Airconditioning gas repairs; vi. Body work repair; vii. Welding; and viii. any item not specifically listed in the Quotation. 5. Provision of Goods and Services 5.1 The Customer understands that: i. any estimate by Millennium Lighting is an estimate only and is not binding on Millennium Lighting; and ii. unless specified by Millennium Lighting in writing, Millennium Lighting does not make any warranty or representation that it will be capable of providing the Goods or Services within any timeframe(s) specified by the Customer. 6. Cancellation of Services 6.1 The Customer may cancel the Goods or Services by providing written notice to Millennium Lighting. Cancellation requests must be made in accordance with the timeframes outlined below. 6.2 Where a deposit has been paid, the following refund policy applies based on the time of cancellation prior to the scheduled Service Date: 7 or more days’ notice: 100% of the deposit will be refunded. Between 6 days and 2 days’ notice: 50% of the deposit will be refunded. Within 48 hours of the Service Date: The booking is forfeited and the deposit is non-refundable. 6.3 Refunds of eligible deposits will be processed within 5 business days from the date of the approved cancellation. 6.4 Millennium Lighting reserves the right to cancel this Agreement or the provision of any Goods or Services at any time prior to delivery by providing written notice to the Customer. 6.5 Millennium Lighting shall not be liable for any loss or damage whatsoever arising from such cancellation. 7. Working Hours 7.1 Millennium Lighting’s standard working hours are Monday to Saturday 9am to 6pm. 7.2 Overtime rates may apply for works requested outside the standard working hours specified in clause 7.1 as follows: Category- Overtime Hours - Overtime Rate (Incl. GST) After Hours A - Monday to Saturday after 6pm to 10pm - $150.00 After Hours B - Monday to Saturday after 10pm or on Sunday - $180.00 7.3 If the Customer request for works to be performed outside the standard works hours, Millennium Lighting is entitled to accept or refuse the Customer’s request. 8. Price and Payments 8.1 The Price shall be contained in the Quotation annexed to this Agreement (subject to clause 8.2). 8.2 Millennium Lighting reserves the right to change the Price, and request for a deposit of the Price. 8.3 If Millennium Lighting requests for a deposit, the Customer must pay the deposit three (3) business days prior to the Service Date. 8.4 The Customer shall be required to respond to any variations submitted by Millennium Lighting within one (1) day. Failure to do so will entitle Millennium Lighting to add the cost of the variation to the Price. Payment for all variations is due upon completion of the Service 8.5 Payment can be made by credit card (a surcharge may apply per transaction) or by any other method as agreed to between the Customer and Millennium Lighting. The Customer authorises Millennium Lighting to charge its credit card for services supplied under this Agreement. 8.6 The Customer shall not be entitled to set off against, or deduct from the Price and must not withhold payment of any invoice because part of that invoice is in dispute. Default and Consequences of Default 9.1 Interest on overdue invoices shall accrue daily 5 Business Days from the due date of the invoice at a rate of 10% per annum until full payment of the overdue invoice and interest is paid by the Customer. 9.2 Without prejudice to Millennium Lighting¬¬’s other remedies at law, Millennium Lighting shall be entitled to cancel all or any part of any Services and demand immediate payment of all amount owed if: i. any money payable to Millennium Lighting becomes overdue, or ii. in Millennium Lighting’s opinion the Customer will be unable to make a payment when it falls due. 9.3 In the event of default by the Customer, all recovery costs (including but not limited to legal costs on an indemnity basis), and costs in relation to exercise, notification or protection of any security in favour of Millennium Lighting (including but not limited to costs and expenses related to the lodgement and withdrawal of caveats on an indemnity basis), incurred by Millennium Lighting, shall be deemed to be a debt immediately due and owing by the Customer to Millennium Lighting. 10. Personal Property Securities Act 2009 (Cth) (“PPSA”) 10.1 In this clause, financing statement, financing change statement, inventory, purchase money security interest, security agreement, and security interest has the meaning given to it by the PPSA. 10.2 The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates and grants a security interest in the Customer’s Motor Vehicle or the Goods (Collateral) – being a monetary obligation of the Customer to Millennium Lighting for Services – that have previously been supplied and that will be supplied in the future by Millennium Lighting to the Customer. 10.3 The Customer acknowledges the security is granted to secure the obligation to pay all amounts payable and to meet all obligations under this agreement (Indebtedness). 10.4 The Customer undertakes to: i. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Millennium Lighting may reasonably require to; a. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register (PPSR); b. register any other document required to be registered by the PPSA; or c. correct a defect in a statement referred to in clause 10.4i.a) or 10.4i.b); ii. indemnify, and upon demand, reimburse Millennium Lighting for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing the Collateral charged thereby; iii. not register a financing change statement in respect of a security interest without the prior written consent of Millennium Lighting; iv. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Collateral in favour of a third party without the prior written consent of Millennium Lighting. 10.5 The Customer waives any right to receive notice in relation to any registration or amendment to a registration on the PPSR. At its own expense, the Customer will provide all reasonable assistance and relevant information to enable us to register on the PPSR and generally to obtain, maintain, register and enforce the security interests created by this agreement. 10.6 Any payments received by Millennium Lighting from the Customer shall be deemed to be made and applied by us in the following order (unless otherwise determined by Millennium Lighting): (1) to any obligation owed by the Customer which is unsecured, in the order in which the obligations were incurred; (2) to any obligations that are secured, but not by a purchase money security interest (PMSI), in the order in which those obligations were incurred (3) to obligations that are secured by a PMSI, in the order in which those obligations were incurred. 10.7 The Customer must not do, or agree to do, any of the following: i. create or allow another interest (including, but not limited to, any security interest) in any Collateral; or ii. dispose, transfer, assign, or part with possession, of any Collateral. iii. deal in any way with any Security Agreement constituted by this Agreement, or allow any interest in such Security Agreement to arise or be varied; iv. lease or license the Collateral, or allow a surrender or variation of any lease or licence; v. give control of the Collateral to another person other than Millennium Lighting; vi. change the nature of the Collateral; vii. allow a set-off or combination of accounts; viii. abandon, settle, compromise, or discontinue or become nonsuited in respect of any proceedings against any person (other than Millennium Lighting) in respect of any of the Customer's rights in connection with the Collateral; ix. exercise or waive any of the Customer's rights or release any person from its obligations in connection with the Collateral; x. move any interest in the Collateral outside Australia; or xi. deal in any other way with the Collateral any interest in it, or allow any interest in it to arise or be varied. 10.8 Millennium Lighting may register under the PPSA any Security Interest created by this document in any manner considered appropriate by Millennium Lighting and the Customer must provide Millennium Lighting in a timely manner with all information, including Customer details and serial numbers, required for such registration. The Customer waives any right to receive notice in relation to any registration or amendment to a registration on the PPSR. At its own expense, the Customer will provide all reasonable assistance and relevant information to enable us to register on the PPSR and generally to obtain, maintain, register and enforce the security interests created by this agreement. 10.9 The Customer agrees to perfect and continuously maintain perfection of any Security Interest that itself forms part of the Collateral (including perfecting as a Purchase Money Security Interest) and do everything necessary to ensure that a third person cannot acquire an interest in any part of the Security Interest of Millennium Lighting. 10.10 The Customer agrees to do anything Millennium Lighting reasonably asks the Customer to do (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed) to provide more effective security over the Motor Vehicle for payment of the amount owing or performance of an obligation. 10.11 To the extent that Chapter 4 of the PPSA would otherwise apply to enforcement by Millennium Lighting of any Security Interest, the parties agree that the following provisions of the PPSA are excluded: i. to the extent permitted by section 115 of the PPSA: sections 95, 96, 118, 121, 125, 130, 132, 135, 142 and 143 of the PPSA; and ii. to the extent permitted by section 115(7) of the PPSA: sections 127, 129(2)(3), 130(1), 132, 134(2), 135, 136 and 137. 11. Termination 11.1 If at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions, Millennium Lighting may suspend or terminate the supply of Goods or Services or this Agreement. Upon suspension or termination of the Agreement, Millennium Lighting has the right to remove or relocate the Customer’s Motor Vehicle. 11.2 Millennium Lighting will not be liable for any loss or damage resulting from exercising its right under this clause. Any costs incurred under this clause will be payable by the Customer. 12. Limited Liability 12.1 Whilst all care will be taken, Millennium Lighting takes no responsibility for any damage or loss caused by the provision of the Goods or Services at Millennium Lighting premises, including any items lost, stolen, misplaced or damaged. 12.2 The Customer agrees that Millennium Lighting’s liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Goods (other than a guarantee under ss 51 (title), 52(undisturbed possession) and 53 (undisclosed securities)), is limited to, at the option of Millennium Lighting, one or more of the following: i. replacement of the Goods or the supply of equivalent goods; ii. the repair of the Goods; iii. the payment of the cost of replacing the Goods or of acquiring equivalent goods; or iv. equivalent goods; or v. the payment of the cost of having the Goods repaired. 12.3 To the extent that Services supplied by, Millennium Lighting's liability for failure to comply with a consumer guarantee that the Customer may have the benefit of is limited to, at the option of Millennium Lighting: i. the supply of the Services again; or ii. the payment of the cost of having the Services supplied again. 12.4 To the extent permitted by law, Millennium Lighting is not liable to the Customer for any loss or damage, whether direct, indirect, liquidated, special or consequential and including loss or damage arising as a result of death or personal injury, however caused (including negligence) which the Customer or any other person may suffer or incur and which may, without limiting the generality of the foregoing, arise directly or indirectly in respect of the Goods and/or Services, any defects in the Goods and/or Services or in respect of any failure or omission by Millennium Lighting or any of its officers, agents or employees to comply with the Agreement or any obligation imposed by law. 13. Service Warranty 13.1 Millennium Lighting warrants to: i. (Auto-Electrical Services) repair all Services free of charge , only if the repairs were performed by Millennium Lighting, Millennium Lighting has conducted tests which indicate that the repairs by Millennium Lighting failed, and the Customer notified Millennium Lighting within 12 months from the date of Booking; ii. (Auto-Electrical Service and Premium Automotive Lighting) replace parts supplied by Millennium Lighting free of charge, only if the parts were supplied and installed by Millennium Lighting, Millennium Lighting has conducted tests which indicate that the repairs by Millennium Lighting failed, and the Customer notified Millennium Lighting within 24 months from the date of Booking, (Warranties). 13.2 The Warranties DO NOT apply: i. if the parts were supplied by the Customer to Millennium Lighting; ii. if the Customer engages another party to perform any works whatsoever, in any form or matter that alters (whether minor or major alternations) the Services, or the parts installed on the Customer’s Motor Vehicle by Millennium Lighting; iii. the Customer fails to notify Millennium Lighting within the timeframes stipulated in clauses 13.1; iv. if it is damage due to wear and tear; or v. if the damage was due to misuse by the Customer or driving contrary to the supplier or manufacturer’s specification and manual;. 13.3 Warranty repairs and replacements will be performed by Millennium Lighting within a reasonable time after delivery of the vehicle to Millennium Lighting during normal business hours. 14. Retention of Title and Risk 14.1 Until such time as the Customer has made payment in full for the Goods: i. title in the Goods will not pass to the Customer and Millennium Lighting retains the legal and equitable title in those Goods supplied and not yet sold; ii. the Customer will hold the Goods in a fiduciary capacity for the Millennium Lighting; and iii. the Customer will not be entitled to sell the Goods unless written consent is obtained by the Customer from Millennium Lighting. 14.2 Risk of damage to or loss of the Goods and Services passes to the Customer on delivery. 14.3 The Customer agrees that whilst the property and title in the Goods remains with Millennium Lighting, Millennium Lighting has the right, with prior notice to the Customer, to enter upon any premises occupied by the Customer (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Customer) to inspect the Goods or Services of the Millennium Lighting and, when payment is overdue, to immediately enter the premises (as the Customer’s invitee) to repossess the Goods which may be in the Customer’s possession, custody or control when payment is overdue. 14.4 The Customer will be responsible for the Millennium Lighting’s reasonable costs and expenses in exercising its rights under clause 14 where the Customer is otherwise in default of the terms of this agreement. Where the Millennium Lighting exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Customer against the Millennium Lighting, its employees, servants or agents. 14.5 The Customer agrees that where the Goods have been retaken into the possession of Millennium Lighting, Millennium Lighting has the absolute right to sell or deal with the Goods. 14.6 For the avoidance of doubt, Millennium Lighting’s interest constitutes a ‘purchase money security interest’ pursuant to the PPSA. 15, Access 15.1 The Customer shall ensure that Millennium Lighting has clear and free access to the Customer’s Motor Vehicle/s at all times to enable them to undertake the Services. 15.2 The Customer agrees and acknowledge that they will not have any access whatsoever to the Motor Vehicle once it handed over to Millennium Lighting. Should the Customer require access to their Motor Vehicle, they must make the request in writing. If the Customer’s request is reasonable and it is safe to do so, Millennium Lighting will grant the Customer access to the Motor Vehicle under its supervision and direction. 15.3 It is the responsibility of the Customer to make their Motor Vehicle available on the Service Date. 17. Dispute Resolution 17.1 If a dispute arises in connection with this Agreement, a Party to the dispute must give to the other party notice specifying the dispute and requiring its resolution under this clause (Notice of Dispute). 17.2 If the dispute is not resolved within 14 days after the Notice of Dispute is given to the other party (Notice Period), the dispute must be referred to mediation in Victoria, Australia. 17.3 The costs of the mediation will be borne by the Customer, unless agreed otherwise by Millennium Lighting that it will share the costs with the Customer. 17.4 If the dispute is not resolved after mediation, any Party may take legal proceedings to resolve the dispute. 17.5 This clause does not prevent any Party from obtaining any injunctive, declaratory or other interlocutory relief from a court which may be urgently required. 18. General 18.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 18.2 These terms and conditions and any Agreement to which they apply shall be governed by the laws of Victoria. 18.3 Millennium Lighting may licence and/or assign all or any part of its rights and/or obligations under this Agreement without the Customer’s consent. 18.4 The Customer cannot licence or assign without the written approval of Millennium Lighting. 18.5 The Customer agrees that Millennium Lighting may amend their general terms and conditions for subsequent future Agreements with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or Millennium Lighting at such time as the Customer makes a further request for Millennium Lighting to provide Goods to the Customer. 18.6 Neither party shall be liable for any default due to any act of God, war, epidemic, pandemic, endemic, government direction, terrorism, strike, lock-out, industrial action, fire, flood, storm, earthquake, landslides, bush or wildfires, avalanches, tsunami, typhoon, cyclones or other event beyond the reasonable control of either party. 18.7 Both parties warrant that they have the power to enter into this Agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Agreement creates binding and valid legal obligations on them. 19. Notices 19.1 Any notices issued under this Agreement can be sent by email or via Electronic Communication to the other party. 19.2 A notice via email is deemed to be received 1 hours after the time sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered. Customer Supplied Dashcams and Equipment No product warranty. TML does not warrant the product itself — any claims regarding defects, malfunction, or failure must go to the original retailer/manufacturer. Our warranty covers workmanship of the installation only (wiring, mounting, connections), not the product's performance. Pre-existing faults & compatibility. TML is not responsible for pre-existing faults, damage, or compatibility issues with customer-supplied equipment. Customers should check compatibility and condition before installation. Post-installation failure. TML is not liable for product failure, data/footage loss, or vehicle electrical issues arising from a fault in the product itself. Removal for warranty claims. Removing/reinstalling the product to facilitate a manufacturer warranty claim is a separate chargeable service. No data guarantee. TML does not guarantee retention or integrity of footage/data on customer-supplied devices. Call Out Fees For all call-out/mobile service jobs, the following charges apply in addition to any parts or materials required: Call-out fee: Starting from $240 (may vary based on distance/location from our base — please confirm your quote at time of booking) Minimum labour charge: 1 hour at $120, charged in addition to the call-out fee Additional labour: Charged per hour (or part thereof) beyond the first hour, at our standard hourly rate The call-out fee covers travel, vehicle, and equipment costs to attend your location and is payable regardless of whether further work is approved on-site. The minimum 1-hour labour charge applies once work commences, even if the job is completed in under an hour. By confirming a booking, the customer acknowledges and agrees to these call-out and minimum labour charges. Interstate Job Warranties For jobs completed outside of Victoria, the following warranty conditions apply: All work carried out by TML is warranted, however warranty rectification will only be actioned on TML's next scheduled visit to that state. TML does not offer emergency or out-of-cycle return trips for warranty work. Customers must wait until TML's next confirmed visit to the relevant state for any warranty claim to be assessed and rectified. If the customer engages another workshop, mechanic, or third party to inspect, diagnose, or rectify the work performed by TML, the warranty is immediately void in full, regardless of the outcome or findings of that third party. TML is not liable for any costs incurred by the customer in seeking alternative repairs, nor for any consequential loss arising from the customer's decision to have the work assessed or rectified elsewhere. The customer accepts these conditions as part of booking an interstate job with TML. Third-Party Workmanship & Pre-Existing Installations Where a vehicle presented for service contains auto electrical, wiring, security, or accessory work not originally installed or performed by Millennium Lighting Pty Ltd ("TML"), the following applies: Inspection Fee – TML reserves the right to charge an inspection/diagnostic fee to assess, trace, or investigate any pre-existing third-party installation or workmanship, prior to undertaking any repair, modification, or rectification work. This fee is payable regardless of whether the customer proceeds with further repairs. No Warranty on Pre-Existing Work – TML makes no warranty, express or implied, regarding the condition, safety, or functionality of any wiring, components, or installations not originally carried out by TML. Limitation of Liability on Repair Attempts – Where the customer requests TML to inspect, repair, rectify, or rewire an installation originally performed by another party, and TML's repair attempt does not resolve the fault or results in continued or new malfunction, TML shall not be held liable for the outcome. This includes (but is not limited to) faults arising from the condition, quality, or method of the original installation, hidden or pre-existing damage, or the inherent unpredictability of diagnosing and modifying undocumented third-party wiring work. The customer acknowledges that attempting repair on pre-existing third-party work carries inherent risk of an unsuccessful outcome, and engagement of TML's services under these circumstances constitutes acceptance of this risk. TML will use reasonable skill and care in diagnosing and attempting repairs but cannot guarantee a successful outcome where the root cause stems from prior workmanship outside TML's control.