1. No quotation by GCG shall constitute an offer.
2. All orders placed with GCG shall only be accepted subject to these Terms and Conditions, and GCG is not bound to accept any order. GCG may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall as found on GCG’s web site.
a) If a Customer cancels or alters any order or Special Orders for special Goods or standard Goods with special materials at any time after GCG has received the order then GCG reserves the right to charge to the Customer the costs of any special Goods or materials already acquired for the order together with the cost of any labour and tooling expended to the date of such cancellation or alterations.
b) In this clause “Special Orders” means “any item that GCG does not currently carry as a stocked part, line or part of any line”
4. Goods and Services Tax (“GST”) Sales Tax or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to GCG on demand and the Customer shall indemnify and keep indemnified GCG in respect of all taxes and duties including GST arising out of any sale of Goods or the subsequent use of Goods after the sale to the Customer.
5. GCG may amend or update these terms and conditions of use from time to time without notice to you. You agree that you will comply with any additional terms and conditions that have been made available to you for download on the website at http://www.gcg.com.au. Such additional terms and conditions are incorporated by reference into these terms and conditions.
6. Prices quoted are firm for fourteen (14) days and thereafter are subject to increases without notice, in the case of standard Goods to the prices shown in GCG ’s price list current at the date of dispatch of the Goods and in the case of special Goods not included in GCG ’s price list to such increased amount necessary to cover any extra costs to GCG as a result of increases since the date of quotation in cost of materials, labour, freight, insurance, tariffs, duties, taxes and manufacturing costs generally.
TERMS OF PAYMENT
7. The granting of credit to a Customer shall be at the absolute discretion of GCG and unless otherwise advised by GCG in writing, the Customer shall make payment of all amounts payable within thirty (30) days after the end of the month of delivery or the date of the Invoice, whichever is the earlier.
8. Customers shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off. The Customer agrees to pay GCG administration and handling fees in respect of any copies of documents required or other processing involved in the conduct of the account including but not limited to account administration fees, Merchant or other fees incurred as a result of payment by credit or charge card or Bpay or payment by any other means and such fees will be charged to the Customer’s account.
9. If the Customer fails to make payment in accordance with Clause 6 GCG shall be entitled to:-
a) Require the payment of cash upon delivery of any further Goods;
b) Charge an interest charge at the rate of two point five percent (2.5%) above the St George Bank’s Variable Benchmark lending rate as from to time applicable per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid, such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but is a true measure of damages incurred by the GCG. Payments received from the Customer will be credited first against any interest charge and all such fees shall be payable on demand;
c) Claim from the Customer all costs, expenses and charges incurred on any account whatsoever including but not limited to any action taken by GCG to recover monies or Goods due from the Customer including but not limited to any mercantile agents costs and legal costs and disbursements on a solicitor-client basis.
10. Customers having overdue accounts will be precluded from participating in any special deals, discounts, rebates, bonus payments, redemptions and all other incentive programs until their accounts are no longer overdue.
11. All items are quoted ex-GCG store unless stated otherwise.
12. The Customer shall be responsible for the cost of any delivery made ex- GCG store. If GCG is requested to arrange for delivery of products beyond the store, the Customer shall pay the delivery charges stipulated by GCG from time to time. GCG shall in all cases be entitled to choose the method of transport.
13. Any date or time quoted for delivery is an estimate only and GCG shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render GCG liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
14. GCG 's obligation to deliver shall be discharged on arrival of the Goods at the Customer's nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Customer shall unload the Goods upon delivery, provided that if the Customer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, GCG shall be entitled to charge a fee for any delay experienced or arrange for the storage of the Goods at the risk and cost of the Customer including all transportation, storage and other consequential costs. GCG may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these Terms and Conditions of Sale.
15. GCG may, at its discretion deliver the Goods in separate instalments in any sequence. Where such Goods are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by GCG in respect of any one or more instalments shall vitiate the Contract in respect of Goods previously delivered or undelivered Goods.
16. The Customer shall examine the Goods immediately after delivery and GCG shall not be liable for any mis-delivery, shortage, defect or damage unless GCG receives details in writing within seven (7) days of the date of delivery of the Goods.
PROPERTY AND RISK
17. Notwithstanding delivery of the Goods or their installation, property in any given Goods shall remain with GCG until the Customer has paid and discharged any and all other indebtedness to GCG on any account whatsoever, including all applicable GST and other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer's indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
18. The risk in the Goods shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer.
19. The Customer acknowledges that it is in possession of the Goods solely as a bailee for GCG until payment as defined in clause 6 has been made in full to GCG and until such payment:
a) The Customer shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery; and
b) The Customer shall store the Goods separately from its own Goods and those of any other party and in a manner which clearly identifies the Goods, whether as separate chattels or as components, as the property of GCG.
c) The Customer shall maintain records of Goods owned by GCG identifying them as GCG ’s property, of the persons to whom the Goods are sold or disposed to and of the payments made by such persons for such Goods. The Customer shall allow GCG to inspect these records and the Goods themselves on request.
d) The Customer hereby irrevocably grants to GCG, its agents and servants, an unrestricted right and licence, without notice to enter premises occupied by the Customer to identify and remove any of the Goods the property of GCG in accordance with the Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the customer. GCG shall have the right to sell or dispose of any such Goods removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby.
e) In the event that the Goods are sold by the Customer then the monies from such sale are to be held on trust for GCG.
20. GCG licenses the Customer to install the Goods. If the Goods are affixed to other materials, the totality thereof shall be the sole and exclusive property of GCG until payment as defined in clause 6 has been made in full to GCG unless the other materials or part thereof are or is the property of a party or parties other than the Customer in which case the totality thereof shall be deemed to be owned as tenants in common with such other party or parties in shares corresponding to the respective amounts paid or payable by the Customer in respect of such other party or parties.
21. The Customer shall be at liberty to agree to sell the Goods (independently or affixed to other materials) subject to the condition that until payment has been made in accordance with clause 6, the Customer shall sell as an agent and bailee for GCG and that the entire proceeds from the sale thereof shall be held in a separate account on trust for GCG.
22. The right to on-sell, deal or otherwise dispose of the Goods in the normal course of trade may be revoked at any time by GCG and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to GCG.
PERSONAL PROPERTY SECURITIES ACT 2009 ("PPS ACT")
i) GCG and The Customer hereby acknowledge that the PPS Act applies to all transactions pursuant to the Terms and Conditions of Sale or otherwise.
ii) The Customer hereby acknowledges that it will grant a security interest in all present and after acquired Goods as security for all monies now and in the future owing by the Customer.
iii) The Customer hereby agrees to do all such things and sign all such documents as are necessary and reasonably required to enable GCG to acquire a perfected security interest in all Goods supplied.
iv) The Customer hereby agrees to provide such information as is required to enable registration of a Purchase Money Security Interest (“PMSI”) under the PPS Act.
v) The Customer hereby acknowledges that a PMSI is granted in priority to all other Creditors by the Customer in favour of GCG and in all Goods that are supplied from time to time as security for the Customer’s obligations to GCG.
vi) The Customer hereby acknowledges that it will indemnify GCG for any liability for any costs of registration, maintenance, enforcement or discharge or security interest and such other costs and expenses as GCG may incur.
vii) The Customer hereby agrees that it will not, without notice, change its name or initiate any change to any registered documentation, or act in any manner which would impact on the registered security interest of GCG.
viii) The Customer hereby agrees to waive or exclude such Sections of the PPS Act as GCG may require, subject to those Sections being capable of exclusion.
ix) GCG hereby reserves the right at any time in its sole discretion to make such amendments, alterations and additions to this Clause 23 as it may in its sole discretion determine.
24. Subject to payment in full being made as defined in clause 6, of the complete Terms & Conditions as found at www.gcg.com.au , GCG shall use its best endeavours to pass on to the Customer the benefit of any warranties or guarantees it receives in respect of Goods or parts thereof supplied to the Customer.
25. A standard warranty of 12 weeks, calculated from the date of purchase will apply on all refurbished/reconditioned products and electrical products. Whereby an item is refurbished/reconditioned only the new components used are covered under the specific warranty. The manufacturer’s warranty will apply on all other products and the warranty card and proof of purchase must accompany Goods for repair; otherwise nominal service charges will apply and are payable by the Customer.
26. The return of Goods for replacement will not be permitted without a prior Return Authorisation (RA) Number from GCG, issued by completing this form, https://gcg.com.au/the-good-oil/turbo-tech/41-gcg-web/turbo-stuff/143-4-gcg-product-return-authorization-form
27. The return of Goods for warranty consideration will not be permitted without completion of a warranty claim form, https://gcg.com.au/the-good-oil/turbo-tech/141-gcg-warranty-claim-form
28. Repaired non-warranty Goods will be charged to the Customer who may on charge these costs to the retailer, these Goods will be shipped on a prepaid freight basis borne by the Customer.
28. All returns are subject to GCG’s restocking policy and fees, and freight or peculiar charges will not be credited.
29. Hose cut to size for a customer will not be accepted back for credit or refund.
30. Warranty does not cover product used in any type of racing or motorsport competition, any off road use, custom or modified applications under GCG/XTR or TDX range of product, any illegal highway, marine, industrial or commercial use.
31. Warranty only covers faulty components or faulty workmanship with respect to the purchased product.
32. This Warranty does not cover damage, fault, failure or malfunction of the Goods due to external causes including but not limited to accident, abuse, misuse, problems with electrical power, servicing not authorised by GCG, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, or any attempt by any other person other than GCG personnel or any person authorised by GCG, to adjust, repair or support the Goods and problems caused by use of parts and components not supplied by GCG.
33. To the extent permitted by law, GCG and Customer agree that GCG will not be liable for Goods not being available for use, or for data or software which is lost, corrupted, deleted or altered. GCG shall not be liable to the Customer for any incidental, indirect or consequential damages arising out of or inconnection with the purchase, use or performance of Goods and services, even if GCG has been advised of their possibility.
34. To the extent permitted by law any typographical, accounting, clerical or other administrative error in sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information issued by GCG shall be subject to correction without liability on the part of GCG.
35. Custom built products or products which have been especially ordered in for a Customer “Special Order” items will not be accepted for credit or refund.
SERVICE AND TECHNICAL SUPPORT
36. GCG will provide general service and technical support to the Customer on a remote basis, via telephone, email or video conferencing. Service and support may vary from product to product. If the Customer purchases optional services and support as listed on the Customer’s invoice, GCG will provide the optional service and support to the Customer in accordance with its current terms and conditions of the optional service contract between GCG and Customer, in addition to the standard warranty. GCG may at it’s discretion, revise its general and optional service and support programs and the terms and conditions that govern them. All general service and technical support will be considered the opinion of the technician and should be use with caution and in conjunction with other research on the technical issue, advice is not definitive.
37. GCG has no obligation to provide service or technical support until GCG has received full payment for the product or service/support contract. GCG has no obligation to provide service or technical support to product GCG did not supply under GCG Terms and Conditions of Sale.
LIMITATION OF LIABILITY
38. Neither party excludes or limits the application of any provision of any Statute (including the Competition and Consumer Act 2010 (CCA) as amended from time to time ("the Act“)), where to do so would contravene that Statute or cause any provision of these Terms and Conditions to be void. Nothing in these Terms and Conditions modifies or excludes the conditions, warranties, and undertakings and other legal rights under the Act and other laws. Except as expressly set out in these Terms and Conditions, and the Act, GCG makes no warranties or other representations under or inconnection with these Terms and Conditions, and GCG’s liability in respect thereof, is limited to the fullest extent permitted by law.
39. In the case of Goods supplied by GCG to a Customer who is not a "consumer" as defined in the Act, if the Goods are defective or there is any other material breach by GCG of these Terms and Conditions, then provided that the Goods are preserved intact and made available for inspection by a representative of GCG and are returned to GCG in the same order and condition as that in which they were delivered, then GCG’s total liability to the Customer pursuant to this Clause is limited, at GCG’s option, to any one of supplying, replacing, or repairing the Goods in respect of which any loss or damage has occurred.
40. Should the Customer seek indemnity from GCG in respect of any claim by a consumer on the Customer as a result of a breach of condition or warranty implied by the Act in a contract for the supply of Goods by the Customer to that consumer, Clause 28 will not apply and in respect of Goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption ("consumer Goods") GCG ’s liability is limited to indemnifying the Customer in accordance with the Act, limited to a liability to pay to the Customer an amount equal to the cost of replacing the Goods, supplying equivalent Goods, paying the cost of replacing or obtaining equivalent Goods or the cost of having the Goods repaired, whichever is elected by GCG.
41. In the case of Goods supplied by GCG to a Customer who is a consumer, in respect of Goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption ("consumer Goods") GCG’s liability is limited to indemnifying the Customer in accordance with the Act, limited to a liability to pay to the Customer an amount equal to the cost of replacing the Goods, supplying equivalent Goods, paying the cost of replacing or obtaining equivalent Goods or the cost of having the Goods repaired, whichever is elected by GCG.
42. Except for those conditions and warranties implied by the Act or other sale of Goods or consumer protection legislation which may not be excluded, the Customer agrees that:
i) It has not relied on any inducement, representation or statement made by or on behalf of GCG in purchasing the Goods and there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of GCG); and
ii) This clause sets out the entire liability of GCG in respect of its liability under the Act or otherwise in respect of liabilities to a consumer for a breach of a condition or warranty with respect to the sale of the Goods. In the case of Goods supplied to a Customer who is not a “consumer” as defined in the Act, neither party has any liability to the other for consequential or indirect damages arising out of or in relation to the Goods, any delay or other failure in supplying the Goods, even if any party to these Terms and Conditions knew such damages were possible or were otherwise foreseeable, including, without limitation, lost profits and damage suffered as a result of claims by any third party, such as a Customer of either party.
43. GCG shall not be liable for any failure or delay in supply or delivery of the Goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of GCG including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, civil commotions or accidents of any kind.
44. If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager or administrator or controller is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator or administrator is appointed, GCG may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any Goods not paid for in accordance with these Terms and Conditions.
45. Other than in respect of GCG's obligations pursuant to clause 23 hereof GCG shall not be liable to accept any returned Goods but may in its absolute discretion accept the return of Goods, provided, that such Goods shall only be accepted for return with the prior written approval of a duly authorised representative of GCG. Goods returned for credit pursuant to this clause will be subject to a handling and administration charge equivalent to 20% of the invoiced value of the returned Goods. Return freight and other expenses will be paid for by the Customer and no returns of special Goods will be accepted. Any returned Goods must be accompanied with a relevant invoice number and/or Goods Return Form, https://gcg.com.au/the-good-oil/turbo-tech/143-4-gcg-product-return-authorization-form
46. Where the Customer is an “end user” or Consumer within the meaning of the Australian Competition and Consumer Act (CCA) 2010 and has purchased the Goods directly from GCG then they:
a) may return such Goods to the relevant GCG warehouse from where you have purchased them within seven (7) working days of the date of invoice for replacement or refund/credit of the product purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price.
b) must return the Goods within five (5) working days of GCG issuing the Credit Return Authorisation Number, https://gcg.com.au/the-good-oil/turbo-tech/143-4-gcg-product-return-authorization-form in the Goods original packaging.
c) must prepay shipping charges and insure the Goods or accept the risk of loss or damage during the shipment.
d) hose(s) made or cut to size for a customer will not be accepted back for credit or refund.
e) custom built products or products which have been especially ordered in for a Customer “Special Order” items will not be accepted for credit or refund.
f) close outs, second hand or refurbished parts will not be accepted for credit
g) must ensure that the returned Goods are received by GCG in as-new or as-shipped by GCG condition, including conformance to the specifications set out in your invoice and all manuals and other items and brochures included with the Goods must be returned with them.
47. The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as GCG may in its sole discretion determine. Proceedings by either GCG or the Customer may be instituted and/or continued in such State or Territory as GCG may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws that State.
SERVICE OF DOCUMENTS
48. The Customer agrees that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to the last known address of the Customer.
49. Any notice required to be given by the Customer to GCG must be delivered personally or sent by post to the National Credit Manager of GCG at 117 Eldridge Road, Condell Park NSW 2200 and shall only be taken to have been delivered when actually received by the National Credit Manager.
STATEMENT OF DEBT
50. A certificate signed by a Director, Secretary, Financial Controller or Credit Manager of GCG shall be prima facie evidence of the amount of indebtedness of the Customer to GCG at that time.
51. In addition to delivery in person, via post and via facsimile, the customer agrees to have invoices sent via email.
52. he Customer agrees that email communications from GCG to the Customer constitute an "electronic communication" within the meaning of the Electronic Transactions Act 2000 (NSW).
53. The Customer agrees that in agreeing to receive invoices via email, and the service of notices under the NSW Act 1999 or any like or similar legislation that may be applicable in the State or Territory where the Goods were delivered to the customer via email, the Customer is in both instances designating “an information system for the purpose of receiving electronic communications” within the meaning of the Electronic Transactions Act 2000 (NSW).
54. The Customer agrees that evidence of the “dispatch” (within the meaning of the Electronic Transactions Act 2000 (NSW) by GCG of an email is also prima facie evidence of the “receipt” of the email by the Customer within the meaning of the Act. Unless the contrary is proven the time of receipt will be deemed to be twenty (20) seconds after the time of the “dispatch” of the email.