Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Gear Up’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Gear Up' or 'us' or 'we' refers to the owner of the website. Our company registration number is ACN 122 636 873. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change or withdrawal by Gear Up at any time without notice. It also implies that Gear Up will have no responsibility for the completeness of the Information. The obligations and responsibilities regarding the products or services are governed solely by the agreement under which they are offered or licensed.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Information given in this web site, the layout of the contents including the copyrights and other Intellectual Property Rights is owned by and proprietary to Gear Up and are reserved and vest solely with Gear Up.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
• Colours are as a guide only on this website, and may not match actual colours of the product exactly. To be certain of colours, please request an actual sample of the product.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. The visitor to the website agrees not to tamper with, remove, alter or obscure any material/mark, notice or legend pertaining to the origin, identity or ownership of the Information or posting defamatory or obscene information or material on the web site or intrude or attempt to intrude into the web site or interrupt or attempt to interrupt the functioning of this web site.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Every effort is made to keep the website up and running smoothly. However, Gear Up takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
• You will agree to comply with all worldwide copyright laws in use of this website and will prevent unauthorized copying of the information.

This privacy policy sets out how Gear Up uses and protects any information that you give Gear Up when you use this website.

Gear Up is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Gear Up may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 20 March 2011.

What we collect

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at sales@gearupoz.com.au.
  
  We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
  
  If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

1. Special Conditions
In the event of the customer's order form containing special printed conditions the order for the goods will only be accepted by us on the understanding that those conditions are not at variance with our own, or if there is any variance, that such condition have been waived by the customer.

2. Prices
All prices quoted are fixed and firm for the duration of the quote and are quoted in Australian Dollars. The price of products, delivery and other charges are shown in Australian dollars and include GST. Any exchange rate variation shall be at the cost of the purchaser and calculated at the date of invoice as detailed by the Standard Exchange Rate.

3. Sales Tax
Customer claiming GST Exemption must quote their GST exemption number when ordering and send a confirmation order.

4. Delivery
We place great importance on the fast and reliable delivery of Customers orders.

Gear Up shall use its best endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so and failure to meet delivery date shall not prejudice any contracts as regards other deliveries. Delivery can only be effected to your own know business address, unless authorisation in writing has been received,

Once the good are dispatched to the carrier they become the responsibility of the customer. All goods shall remain uninsured unless otherwise noted on the purchase order from the customer. Verbal authorization will not constitute instruction. The goods shall be at the Customers risk at the point of delivery.

The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Gear Up and the carrier of any defect within three (3) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.

5. Delivery Charges
All items are quoted FOB Melbourne. Any costs arising from delivery charges shall be at the customer's expense. It is the customer's responsibility to nominate their preferred carrier. If this is not completed the company has the right to supply the goods freight forward on any carrier.

6. Order Amendment
Once an order is placed it cannot be modified. If modification is required and can be arranged by Gear Up payment of the costs for work done and product supplied and or decorated and or any other costs associated with the processing of the order involved up to that point to that time will be payable. If the order amendment cannot be arranged the full amount of the quote invoice is payable by the customer immediately. A new quote will be arranged for the modified order.

7. Order Cancellation
Orders may be cancelled if we have not started decoration although the cancellation of customer's order can only be accepted after negotiation and agreement. A cancellation and or restocking fee may be applicable for the order process to this point in time. On no account can cancellation be accepted for Items ordered specially on customer's behalf. Payment of quote invoice is payable in full on order cancellation unless otherwise negotiated.

8. Settlement Terms
Standard terms of settlement are 50% deposit on order placement and balance on delivery unless other terms have been negotiated. The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of Gear Up in delivering any part of the goods) on or before the payment date.

9. Returns
Gear Up will exchange or refund faulty or damaged goods within reasonable time from the customer accepting delivery. No returns can be accepted for credit unless previously agreed. A restocking fee may apply to a return. Under no circumstances can goods specifically designed for the customer be returned for credit.

10. Warranty Information
All products sold by Gear Up are covered by the manufacturers' warranty that accompanies the product unless otherwise stated. Gear Up makes no additional or independent warranty. Gear Up does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers provide with their respective products.

11. Limitation of Liability
Gear Up shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.

Subject to any applicable Commonwealth or State Legislation, Gear Ups' liability for any such breach shall be limited, at its sole discretion, to any of the following:

• REPLACEMENT OF THE GOODS OR ANY PART THEREOF
• SUPPLY OF EQUIVALENT GOODS OR ANY PART THEREOF
• REFUND OF THE GOODS UPON RETURN.
• ALL SALES MADE IN THE AUSTRALIAN CAPITAL TERRITORY
  All sales shall be deemed made in the Australian Capital Territory regardless of the location of the Customer. The Customer agrees that any dispute with Gear Up shall be brought by the Customer exclusively in the state or federal courts situated in the Australian Capital Territory.

12. Overruns/Underruns
Due to the nature of the industry of branding product, a shipment quantity within 10% of an order is considered complete. You will be invoiced for the quantity ordered.

13. Export
Purchasers are responsible at their expense for obtaining any license and complying with any regulations in force within this country and the country for which the goods are destined.

14. Copyrights and Patents
The seller accepts no liability for infringement of any Copyrights or Patents.

15. Errors and Omissions
The purchaser shall be responsible for ensuring the fitness of purpose of the product for the purchaser’s application. Every effort has been made to ensure that the information given to the purchaser is correct. 'The Company' accepts no liability in respect of loss arising from errors in the information provided. In no event shall any breach of contract or tort or negligence or failure of any kind on our part or that of our employees be accepted as liability for loss of revenue or consequential loss or damage arising from any cause whatsoever. . Because of the dynamic nature of this industry (e.g. supplier price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. Gear Up makes no representations about the suitability of this information; it is provided "as is" without warranty of any kind. If an error is made or a product is listed at an incorrect price, Gear Up shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and payment made, Gear Up shall immediately issue a refund. If we are unable to supply / deliver your order we will contact you within three (3) days of receiving your order.

16. Title of Goods
Ownership of the goods does not pass to the purchaser until payment in full is made and any promissory notes are fully cleared.