Terms And Conditions For Mobile Mechanics

Jess runs a mobile mechanic business in Perth. She turns up to a customer's driveway for what sounds like a simple battery issue, spends an hour diagnosing the vehicle, then discovers the real problem is an intermittent electrical fault that needs more testing.

The customer says, I thought the call-out fee included fixing it, and refuses to pay the invoice. Jess also supplied a new battery at cost and now she's out of pocket for parts, time and travel.

If you run a mobile mechanic business, this kind of situation can happen quickly. Your work is practical and hands-on, but the customer expectations around diagnostics, parts, timing and payment need to be clear from the start.

Well-drafted mobile mechanic terms and conditions help you explain what you're agreeing to do, what you're not promising, and what happens if things don't go to plan.

Do Mobile Mechanics Need Written Terms And Conditions?

Yes, you should have written terms and conditions if you provide mobile mechanic services, because your work involves safety, parts, travel, uncertain faults and payment risk.

Your terms of trade are the rules that apply when a customer books you for onsite diagnostics, repairs, servicing or inspections. They can sit on your website, booking form, quote, invoice or customer acceptance process.

A written mobile mechanic contract doesn't need to be complicated. But it should clearly cover the parts of your business that often create disputes, such as:

• what your call-out fee includes and when it's payable
• whether diagnostics are separate from repair work
• how estimates and quotes work
• who supplies parts and who is responsible if a part fails
• what access you need to the vehicle
• when payment is due
• what happens if an invoice isn't paid

Without written terms, you may still have a contract based on emails, texts, phone calls or conduct. The problem is that it becomes much harder to prove what the customer agreed to. Tailored terms are usually better than a generic business terms and conditions template because your risks are different from a workshop, an online parts store or a general trades business.

What Should A Mobile Mechanic Contract Include?

A mobile mechanic contract should include the service scope, fees, parts arrangements, customer responsibilities, limitations of liability, payment terms and cancellation rules.

Think of your terms as a practical guide for the job. If a customer reads them before booking, they should understand what will happen on the day and what they need to do.

Service Scope

Your terms should describe the services you offer. For example, you might provide onsite diagnostics, logbook servicing, minor repairs, battery replacement, brake repairs, pre-purchase inspections or emergency breakdown assistance.

You should also say what you don't provide. For example, you may not perform major engine rebuilds, structural repairs, roadworthy certificates, air conditioning work or electrical work unless you hold the required licence and have the right equipment.

Quotes, Estimates And Variations

Your terms should explain the difference between a quote and an estimate. A quote is usually a fixed price for a defined scope of work. An estimate is your best guess based on the information available at the time. With vehicle faults, estimates are common because you may not know the full issue until you inspect the vehicle.

Your terms can say that extra work, extra parts or extra time will be charged only after you get the customer's approval, unless there's an urgent safety issue or another agreed exception.

Parts And Warranties

If you supply parts, your terms should explain whether parts are new, used, aftermarket, genuine or refurbished. You should also explain how manufacturer warranties work and how the customer should raise a problem with a part after installation.

Can You Charge A Call-Out Fee Even If You Don't Fix The Car?

Yes, you can charge a call-out fee even if you don't fix the car, as long as you clearly tell the customer about the fee before they book and the fee isn't misleading.

A call-out fee usually covers your travel, time, availability and initial attendance. It may or may not include diagnostic time. Your booking terms should spell this out in plain English. For example, they might say:

• the call-out fee is payable once you attend the booked location
• the call-out fee covers travel and the first 30 minutes of inspection
• additional diagnostic time is charged at your hourly rate
• repair work and parts are charged separately unless included in a written quote
• the call-out fee isn't refunded if the vehicle can't be repaired onsite due to access, safety, missing parts or the nature of the fault

The Australian Consumer Law, which is in Schedule 2 of the Competition and Consumer Act 2010, requires you to be honest and clear with customers. You can't advertise a low service price and then surprise the customer with unavoidable charges later.

The simplest approach is to show your call-out fee during your booking process and repeat it in your confirmation message.

For example: Call-out fee is $120, which includes travel and up to 30 minutes onsite. Further diagnostic work is $110 per hour and any repairs or parts will be quoted before we proceed.

How Should Your Terms Deal With Diagnostic Uncertainty?

Your terms should make it clear that diagnostics are an investigation, not a guarantee that every fault will be found or fixed during the first visit.

Cars can be difficult. A dashboard warning light might be caused by a sensor, wiring, a low battery, a software issue or a mechanical fault. Some faults are intermittent and may not appear while you're onsite.

Your vehicle repair terms and conditions should explain that:

• diagnostic findings are based on the symptoms present at the time of inspection
• some faults need further testing, workshop equipment or specialist tools
• a diagnosis may change if new symptoms appear or parts are removed
• you may recommend staged work, such as testing first and repairs later
• you don't guarantee that one repair will resolve all current or future vehicle issues unless you expressly say so in writing

This doesn't let you avoid responsibility for poor workmanship. Under the Australian Consumer Law, services must be provided with due care and skill, be fit for purpose if the customer told you their purpose, and be completed within a reasonable time if no time was agreed.

What your terms can do is separate fair diagnostic uncertainty from a promise you never meant to make. It also helps to use a clear approval process: inspect the vehicle, explain your findings, provide an estimate or quote, get approval, then invoice for the approved work, parts and agreed extras.

Can You Use Customer-Supplied Parts?

Yes, you can use customer-supplied parts if you choose to, but your terms should limit your responsibility for the quality, compatibility and performance of those parts.

Customer-supplied parts are common. A customer may have bought brake pads online, sourced a second-hand alternator or found a cheaper part from a marketplace. The risk is that if the part is wrong, faulty or poor quality, the customer may blame you when the vehicle still doesn't work properly.

You can say that where the customer supplies parts:

• the customer is responsible for making sure the part is correct for the vehicle
• you may refuse to install a part if you believe it's unsafe, unsuitable or damaged
• you don't provide any warranty for the customer-supplied part itself
• you aren't responsible for delays caused by wrong or missing parts
• extra labour may be charged if the part doesn't fit or needs to be removed
• your workmanship warranty, if you offer one, only covers the installation work and not the part

You still need to perform the installation with due care and skill. You can't use your terms to contract out of consumer guarantees under the Australian Consumer Law. But you can be clear that you're not taking responsibility for a part you didn't choose, sell or recommend.

What Customer Responsibilities Should Your Mobile Car Repair Terms Cover?

Your terms should set out what the customer must do so you can safely access, inspect and repair the vehicle.

Mobile mechanics rely on the customer having the vehicle ready. If you arrive and the vehicle is in a locked garage, parked on a steep street, blocked in by other cars or unsafe to work on, you can lose time and money.

Your terms should require the customer to provide:

• accurate information about the vehicle, symptoms and known issues
• the correct address and a safe place to work
• reasonable access to the vehicle at the booked time
• keys, security codes, wheel lock nut keys and any required documents
• permission to move, test or road test the vehicle if needed
• approval from the vehicle owner if the person booking isn't the owner
• clear disclosure of any known hazards, modifications or prior repair attempts

If the customer doesn't provide access, you should be able to charge a failed attendance fee or treat the call-out fee as payable. Your cancellation terms should also say how much notice the customer must give to cancel or reschedule without a fee.

Your terms should also cover test drives. If you need to road test the vehicle, say that the customer authorises you to drive it for diagnostic or repair purposes. You should also check that your business insurance properly covers mobile repairs, test drives and customer vehicles in your care.

Can Your Terms Protect You From Pre-Existing Faults And Liability?

Yes, your terms can help protect you from being blamed for pre-existing faults, but they can't remove your responsibility for your own negligence or a failure to meet consumer guarantees.

This is one of the biggest issues for mobile mechanics. You work on vehicles that may already have worn parts, electrical problems, poor prior repairs or hidden damage. If something fails shortly after your visit, the customer may assume you caused it.

Your terms should say that you're not responsible for:

• pre-existing faults or wear and tear
• faults unrelated to the work you performed
• damage caused by previous repairs or modifications
• problems caused by customer-supplied parts
• further issues revealed during diagnosis or repair
• losses caused by the customer's failure to follow your advice, such as not driving an unsafe vehicle

You can also include a vehicle condition process. For example, you might take photos before starting work, note warning lights, record odometer readings and describe visible issues in your job notes.

Be Careful With Liability Clauses

Liability clauses need careful drafting because Australian law limits what you can exclude. Under the Australian Consumer Law, you can't exclude, restrict or modify consumer guarantees for services supplied to consumers.

Your terms also need to avoid unfair contract terms. Since November 2023, unfair terms in standard form consumer contracts and small business contracts can attract penalties under the Australian Consumer Law and the ASIC Act 2001. For a mobile mechanic, this means overly one-sided clauses, such as we are never liable for anything in any circumstances, can create risk.

A better approach is to use fair, specific clauses that match your actual risks. For example, you might limit responsibility for indirect losses like missed work or lost income, while still accepting responsibility for damage caused by your negligence.

What Should Your Terms Say About Payment And Unpaid Invoices?

Your terms should clearly say when payment is due, what payment methods you accept and what happens if the customer doesn't pay.

Payment terms are where many mobile mechanic disputes start. If you don't spell them out, a customer may assume they can pay later, wait for a further repair, or refuse to pay because the vehicle still has another issue.

Your terms can cover:

• whether payment is due before you leave the site
• whether you require a deposit for parts
• whether call-out fees are payable upfront
• accepted payment methods, such as card, bank transfer or cash
• when invoices are overdue
• whether interest or reasonable recovery costs may be charged on overdue invoices
• whether you can suspend further work until unpaid amounts are paid

From 1 October 2026, businesses can no longer charge card surcharges for payments made using Visa, Mastercard, American Express or eftpos credit, debit or prepaid cards. The previous excessive card surcharging rules ended on 1 October 2026. If you include other fees or surcharges that aren't based on the customer's payment method, make sure they're clearly disclosed upfront and not misleading.

If you order parts, it's often sensible to require payment upfront or a deposit before you buy them. Otherwise, you're carrying the cost if the customer cancels or refuses to go ahead.

Unlike a workshop that has possession of a vehicle, a mobile mechanic often can't rely on holding the vehicle until payment is made. Some repairer lien rights may apply where a repairer has possession of goods, but onsite work usually means the vehicle remains with the customer. That's why clear upfront terms of trade matter.

Do You Need Any Licences Or Compliance Terms?

It depends on where you operate and what work you do, because motor vehicle repair licensing is regulated differently across Australian states and territories.

Some types of repair work may require a motor vehicle repairer licence, tradesperson certificate or specific qualification. Rules can differ between New South Wales, Western Australia, Queensland, Victoria and other jurisdictions. Specialist work, such as air conditioning, LPG, electrical work or roadworthy inspections, may have extra requirements.

Your terms and website shouldn't suggest you offer licensed services unless you're properly authorised to provide them. If you use subcontractors or other mechanics, you should also check their licences, qualifications and insurance.

You should also think about:

• Australian Consumer Law: your advertising, pricing, refunds and warranties must be accurate and not misleading.
• Privacy Act 1988: if your business is covered by the Act, or you choose to follow privacy best practice, you should handle customer details, vehicle information and photos carefully.
• Business names and ABN: your invoices and trading documents should clearly identify your business.
• Insurance: your public liability, professional indemnity or motor trade insurance should match mobile work, customer vehicles and test drives.

If you're trading through a company, customers may see your ACN on documents. If you're a sole trader or partnership, your ABN and registered business name will usually be more relevant. Either way, your customer documents should make it clear who the customer is contracting with.

Key Takeaways

• Mobile mechanic terms and conditions should clearly cover call-out fees, diagnostics, repairs, parts, access, payment and cancellations.
• You can charge a call-out fee even if the vehicle isn't fixed, but the customer needs to know the fee before they book.
• Diagnostic work should be framed as an investigation, not a guarantee that every fault will be found or fixed in one visit.
• If you install customer-supplied parts, your terms should separate your workmanship from the quality and suitability of the part.
• Australian Consumer Law still applies, so your terms can't remove consumer guarantees or use unfair standard form contract terms.
• From 1 October 2026, you can't charge card surcharges for Visa, Mastercard, American Express or eftpos credit, debit or prepaid card payments.

If you'd like help with your mobile mechanic terms, customer booking process, payment terms or liability clauses, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.