- Definitions and Interpretation
- 1.1 In these conditions:
- Customer means the person or entity named in an Invoice or Order;
- Goods mean any products, parts or components manufactured or supplied by GripSport, its agents or contractors;
- GripSport means GripSport Pty Ltd ACN 005 977 006;
- GST means goods and services tax in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth);
- Invoice means an invoice issued by GripSport, its agents or contractors for the supply of Goods or the provision of Services;
- Order means any order for Goods and/or Services placed by the Customer with GripSport, whether in writing or verbally;
- Services mean all design, installation, maintenance, repairs or other services provided by GripSport, its agents or contractors.
- 1.2 Only these conditions, and conditions which cannot be excluded by law, bind GripSport. All other conditions are excluded
- 1.1 In these conditions:
- 2.1 Once an Order has been accepted by GripSport, the contract formed by that acceptance cannot be cancelled by the Customer. Acceptance may be by email confirmation of the Order or any other action which evidences an intention by GripSport to accept the Order.
- 2.2 The supply of Goods and Services by GripSport is subject to availability.
- 2.3 GripSport reserves the right, at any time and for any reason, to suspend or discontinue the supply of Goods or the provision of Services to the Customer without penalty. If GripSport is unable to supply all of the Customer’s Order, these and conditions will continue to apply to any part of the Order supplied.
- 3.1 Where an Order has been accepted by GripSport, the price or rate is that specified in the Order. The price for any other Goods provided or Services supplied will be in accordance with the GripSport price list or labour rate current at the date of supply, which may be listed on GripSport’s website - www.gripsport.com.au.
- 3.2 Where progress payments apply, a separate Invoice will be raised for each progress payment in accordance with the billing schedule in the Order.
- 3.3 Unless otherwise specified, all prices are inclusive of GST and any GST applicable to the supply of Goods and or provision of Services will be indicated on the Invoice supplied to the Customer.
- 3.4 All pricing assumes Services will be carried out during normal business hours and weekdays. Additional rates will apply outside these hours or days if requested by the Customer. Time or dates for completion of Services are estimates only and do not bind GripSport.
- 3.5 In the absence of manifest error, the pricing in an Invoice will be deemed to be correct unless a Customer makes an objection in writing within five days of receipt of the Invoice.
- 3.6 GripSport reserves the right to vary the price if a variation to the Order is requested. Any variation (including, but not limited to, as a result of additional Services required due to unforeseen circumstances) will be charged in accordance with current rates and will be shown as variations on the Invoice. Failure of the Customer to respond to any variation issued by GripSport within five days will entitle GripSport to add the cost of the variation to the price.
- 4.1 The Customer must make payment in accordance with the payment terms outlined on the Invoice or Order.
- 4.2 A surcharge may be applied to all payments by credit card.
- 4.3 Time is of the essence in respect of the Customer’s obligation to make payment for Goods and Services supplied by GripSport to the Customer.
- Title and Risk in Goods
- 5.1 The title and ownership in the Goods remain with GripSport until full payment is received for all the Goods.
- 5.2 The affixing of Goods to any part of the Customer’s assets or property does not have the effect of making the Goods a fixture and is severable by GripSport.
- 5.3 The Customer indemnifies GripSport, its employees, agents and contractors for any costs of removal, claims, actions and causes of action of any kind in respect of the removal of Goods under clause 5.2.
- 5.4 Risk in the Goods passes to the Customer on collection by the Customer.
- 6.1 Subject to clause 7, GripSport warrants against:
- Defective Goods comprising trailers, LED lamps, roller floor stands and custom made or non-standard mounting systems for a period of 2 years from the date the Goods are supplied (Goods Warranty);
- Defective Goods (excluding those set out in paragraph (a)) for a period of 5 years from the date the Goods are supplied (Goods Warranty); and
- Defective workmanship for Services for a period of 6 months from the date the Services are provided (Services Warranty).
- 6.2 Any claim under the Goods Warranty or the Services Warranty must be notified to GripSport as soon as possible after the Customer becomes aware of the defect providing all relevant details of the claim.
- 6.3 Any warranty given by GripSport, whether pursuant to these conditions or at law will not apply if:
- the Customer fails to adhere to any instructions, advice or warnings provided by GripSport, whether given verbally, in writing or on GripSport’s website, relating to, amongst other things, transportation, storage, use, fitting instructions and maintenance of Goods and their components;
- the damage or defect is due to accident, misuse, neglect or abnormal use;
- the damage or defect is due to fair wear and tear.
- 6.1 Subject to clause 7, GripSport warrants against:
Limitation of Liability
Other than the warranties set out in these conditions and other than
warranties which otherwise cannot be excluded by law (such as those in
the Competition and Consumer Act), GripSport excludes any other warranty
or condition which would otherwise be implied in relation to the supply
of Goods and the provision of Services. To the extent permitted by law,
GripSport limits its liability to:
in the case of Goods supplied:
- the replacement or repair of Goods or supply of equivalent goods; or
- the payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
in the case of Services:
- the supply of Services again; or
- the payment of the cost of having Services supplied again.
- in the case of Goods supplied:
- 7.2 Certain Goods supplied by GripSport, may be covered by a written warranty. To the extent permitted by law, such a warranty is in substitution of all other terms, conditions, warranties and representations, express or implied by statute or otherwise.
- 7.3 Subject to this clause 7, GripSport is not liable for any injury, loss or damage of any kind whatsoever which is consequential, special, indirect or otherwise arising out of or in connection with the supply of Goods or the provision of Services, even if due to negligence of GripSport, its employees, agents or contractors.
- 7.4 Neither party is liable for the consequences of any act or omission which arises as a result of a circumstance beyond the party’s reasonable control.
- 7.1 Other than the warranties set out in these conditions and other than warranties which otherwise cannot be excluded by law (such as those in the Competition and Consumer Act), GripSport excludes any other warranty or condition which would otherwise be implied in relation to the supply of Goods and the provision of Services. To the extent permitted by law, GripSport limits its liability to:
Goods may only be returned by the Customer where there the Goods are
defective, damaged or do not meet the specifications set out in the
Order and in all cases, returns are subject to the following provisions:
- No returns will be accepted more than one month after the Customer has taken possession of the Goods;
- Goods cannot be returned if they are subject to a warranty claim that is met by GripSport under clause 6;
- Goods cannot be returned if they are damaged through misuse, neglect or abnormal use;
- No returns will be accepted if the Customer changes his/her mind.
- 8.1 Goods may only be returned by the Customer where there the Goods are defective, damaged or do not meet the specifications set out in the Order and in all cases, returns are subject to the following provisions:
Insurance and Security
- 9.1 GripSport will take reasonable steps to secure Customer’s vehicles or caravans whilst in GripSport’s possession or control, but Customers must at all such times carry insurance for their vehicles and caravans for all usual risks, including theft, loss and damage and GripSport will not be responsible for providing any such insurance.
Cancellation and Recovery of Debt
If the Customer does not make any payment by the due date on the Invoice
or commits any other material breach of these conditions, GripSport may
(without limiting any other right or claim it may have against the
Customer), do any or all of the following:
- charge the Customer interest at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 on any portion of the Customer’s account that is overdue;
- cancel or suspend any incomplete Orders or cease providing Services;
- terminate any contract between GripSport and the Customer and demand immediate payment of any monies due and outstanding under that contract; and
- institute any recovery process as GripSport in its absolute discretion considers necessary and at the Customer’s cost and expense.
- 10.1 If the Customer does not make any payment by the due date on the Invoice or commits any other material breach of these conditions, GripSport may (without limiting any other right or claim it may have against the Customer), do any or all of the following:
- 11.1 These conditions are governed and interpreted according to the laws of Victoria, and GripSport and the Customer agree to submit to the jurisdiction of the Courts of Victoria.
- 12.1 GripSport may amend these conditions at any time by posting an amended copy on GripSport's website and providing a copy to the Customer when an Order is placed for the supply of Goods or provision of Services. The Customer agrees to be bound by these conditions as amended.
- 12.3 The invalidity or enforceability of any provision of these conditions shall not affect the validity or enforceability of the remaining provisions.
- 12.4 The failure by GripSport to enforce, at any time or any period of time, any term of any contract incorporating these conditions shall not constitute waiver of such term and shall in no way affect its right to enforce it.