1. INTRODUCTION

This agreement applies when we, G-Force Category Solutions PTY Ltd (Trading as G-Force We Assemble We install), provide you, our customer, with goods and/or services.

 

2. OUR RESPONSIBILITIES

Our general responsibilities – When we provide you with our services, we will:
a) supply goods and services in a way that complies with all relevant laws;
b) provide our goods and/or services in a timely way;
c) ensure our staff are suitably qualified to provide and/or install the goods and services;
d) ensure our staff act in a professional manner.

 

3. YOUR RESPONSIBILITIES

3.1 Your general responsibilities- we will require you to co-operate with us so that we can supply you with our solutions. In particular.
a) You must allow us safe access to your property. You must provide us (and our agents) with safe, unobstructed access to your property and premises (including making sure animals such as dogs are kept under control during access periods).
b) arrange for us to have access to your premises that we need so we can supply the goods and services to you;
3.2 Your responsibilities when we supply products to you. You must follow any instructions we give you and/or that the manufacture provides about use of those products. Failure to do this may invalidate the manufacturer’s product or other warranties.
3.3 Your responsibilities when we provide services to you, including when we install products for you. You must:
a) Provide us with suitable access in all weather conditions for vehicles and equipment we may use for installation;
b) Provide us with all necessary services and amenities so that we can provide the services to you

 

4. PRICE AND QUOTATION

4.1 Where a quotation is given by G-Force for Products and Services:
a) All quotes will remain open for acceptance 30 days from the date of the quote. If it has not been accepted within that time it will be subjected to alteration or cancellation without notice
b) Unless stated otherwise, all prices are exclusive of GST.
4.2 We will charge you for the goods and services we provide to you. We will tell you the basis of our charges before we provide the goods and services to you.
4.3 Subsidised quotes are subjected to the availability of funding and the relevant
eligibility requirements for the subsidy being met.
4.4 We may change our charges at any time.
4.5 Any period of time or date for delivery is an estimate only and no claim shall lie against the Seller for failure to deliver within such time whether such delays have been due to causes beyond the control of the Seller or otherwise.
4.6 In the event that any action or lack of action from you or variation of your instructions causes additional cost or expense to us then G-Force reserves the right to alter the quotation because of circumstances beyond its control.
4.7 Where Products and Services are required in addition to the quotation you agree to pay for the additional cost of such products and services.

 

5. OUR LIABILITY

5.1 If we damage your property or property on your premises by not taking reasonable care and the damage is reasonably foreseeable, we will pay the costs of either repairing the damage or replacing the damage to property (at our discretion) up to a maximum of $10,000 for any single of event or series of related events.
5.2 We will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
5.3 Including the warranties provided with your insulation products, we give you a 1-year workmanship warranty in respect to installation of the goods and services we agree to provide to you.
5.4 If for any reason we are found to be liable to you, our total maximum liability under this agreement will be limited to a) $10,000, or b) the price you have paid us for the goods and/or services to which your claim relates – whichever is the lesser, for any single event or series of related events.
5.5 Nothing in this clause 5 excludes the provisions of or limits our liability under the Consumer Guarantees Act 1993 if you are a consumer. However, if you are receiving goods or services from us for use in a business, the Consumer Guarantees Act 1993 does not apply.
5.6 All duty of care will be taken during the installation/work process. However, G-Force is aware that in some cases there may be existing wiring/plumbing/connections that are already faulty and/or deteriorated. We will not be held liable for damaged caused to these.
5.7 We accept no liability for any damage whatsoever whether to the Goods, installation or otherwise due to or caused by structural defects, settlement or subsidence of the building, other workmen or subcontractors.
5.8 Every attempt is made to be accurate with initial assessment of property by our Assessors. In most cases this will be 100% accurate, but in some cases on the day access difficulties to the ceiling and/or underfloor may mean that final measures may be slightly different to quoted. If our install teams are unable to install all measures, then we will issue a revised invoice and a refund.

 

6. COMPLETION AND DELIVERY

6.1 Dates given for completion of work and delivery of goods on which work has been performed are stated in good faith but are not to be treated as a condition of the sale. If completion and delivery is delayed for any reason at all we will not be responsible or liable in any way to you or any other party for loss suffered due to the delay.
6.2 Any change in delivery date notified to us by you will be accommodated to the extent that we are able to accommodate it but, in the event, that the change necessitates price increases through staff working overtime, a variation of planned staff availability, or increased cost of materials then all such extra expenses will be charged to you.

 

7. EVENTS BEYOND OUR CONTROL

We are not required to carry out any of our responsibilities under this agreement in circumstances when an event has occurred which is beyond our reasonable control and which prevents us from carrying out those responsibilities. We will, however, continue to perform our other responsibilities.

 

8. PAYMENT

8.1 We will arrange to send you an invoice for the supply of the goods and/or services. That invoice will describe the goods and/or services we have provided to you. It will also show the amount you must pay us and the due date for payment; you must pay the amount in full, plus GST, by the due date. You must not deduct anything or set off part of the cost. Unless we agree otherwise in writing, the due date for payment is 7 days after the date of the invoice.
8.2 If you do not pay your bill:
a) as well as your liability for the amount on the bill, you will also have to pay our administration, solicitor (on a solicitor and own client basis) and other service costs incurred by us internally or externally, in trying to recover the debt from you. We may, for example, refer your debt to a debt collection agency for collection, and recover from you the agency’s debt collection costs;
b) we will charge you interest on the unpaid amount from that date until you pay it; the interest rate will be 3% per month.
8.3 Property in the Goods shall not pass to you until the purchase price has been paid in full notwithstanding the earlier delivery of the Goods to you. Until you have made payment in full.
8.4 A deposit may be required.

 

9. TERMINATION OF THIS AGREEMENT

9.1 We can terminate this agreement at any time if:
a) you are in breach of any term of this agreement;
b) we give you 14 days’ notice in writing; or
c) you have a liquidator, receiver, or statutory manager appointed, are bankrupt, or cannot pay your debts when they fall due.

 

10. TITLE, WARRANTIES, AND RISK IN GOODS

10.1 Risk in the goods passes to you when we deliver them to your premises (but we will make good any damage to the goods we cause when we install them). However, Title in the goods remains with us until you have paid us in full all money you owe us. If unpaid, we reserve the right, and you authorise us, to repossess the goods that remain unpaid.
10.2 Notwithstanding that the property in the Goods may not have passed to you, the risk in the Goods shall pass to you upon delivery of the Goods to you.
10.3 We will pass on to you the benefit of any manufacturer’s guarantee for goods we supply to you, but subject to any written agreement with you we enter into and we give you a one-year workmanship warranty on installation of any products we install for you.

 

11. COMPLAINTS

If you are unhappy with the service that we have provided you, please phone or email us with your complaint and we will do our best to correct the issue.

 

12. GENERAL TERMS

12.1 You may not transfer any of your rights and obligation under this agreement to any other person/s.
12.2 We can change this agreement, remove some terms and conditions, or add others at any time, provided we have given you at least 30 days’ notice in advance.
12.3 We will send invoices and notices to the physical address or electronic emailing address that you have provided. You must inform and/or update us at all times of any change of physical address and/or contact details
12.4 No delay or failure to exercise a right under this agreement prevents the exercise of that right on that or any other occasion.
12.5 If for any reason any term of this agreement is unenforceable or invalid, all other terms remain binding.
12.6 You are to provide at your cost any scaffolding staging or decking, to comply with Health and Safety in Employment legislation, which we determine is necessary for the delivery and installation of the Goods.

 

13. DEFINITIONS

In this agreement, unless the context otherwise requires:
a) premises mean the premises which you have asked us to provide our services and goods at;
b) we, our or us or G-Force means G-Force Category Solutions PTY Ltd and its subsidiaries, employees, contractors or agents;
c) you and your means you the customer.

 

14. PRIVACY ACT 1993

14.1 You authorise us to collect, retain and use any information about you collected directly from you or any other source, for the purpose of assessing your creditworthiness, advising a default, or enforcing any rights under this contract. You authorise us to disclose any information obtained to any persons including a credit reporting agency for the same purposes.