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.
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.
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.
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.
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.
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.