GLOBAL FIRE PTY LTD – TERMS AND CONDITIONS

SALES AND INSTALLATION TERMS & CONDITIONS

 

In these Terms and Conditions (Terms) ”we”, “us” or “our” mean GLOBAL FIRE PTY LTD (ABN 90 109 866 140), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales and related services provided by us to you. These Terms are available at www.globalfire.com.au

These Terms form the agreement under which we will supply products and related services to you. Please contact us using the contact details below, before you purchase products and/or related services from us. You accept our Terms by making a purchase from us or accepting our Terms online or by email.

Your purchase from us indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not purchase from us.

Our Website Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.

1.                 Quotes, Products and Orders

(a)              You may order from us by contacting us, requesting a quote and proceeding to place an order. Our quotes are valid for 30 days (unless otherwise agreed) and may be based on a site visit and/or information provided by you. If information provided by you is incorrect or incomplete, we reserve the right to amend our quote and provide an amended quote to you, thereby cancelling the previous quote. This includes, but is not limited to, changes to the quantity of units being ordered.

(b)              We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.

(c)               It is your responsibility to check the order details, including product/service and pricing, before you complete your order.

(d)              We will provide you with order details, which may include an order number, the shipping and billing addresses and a description of what was ordered, when you order and pay and your payment has been validated.

(e)              A binding agreement comes into existence between you and us once we have agreed the Quote. No changes to the Quote or these Terms will be effective unless we both agree to the changes in writing.

 

2.                 Price and Payments

(a)               You agree to pay the purchase price specified on your quote from us (subject to clause 1(a)) within 14 days from the date that you place your order and receive an invoice from us for the purchase of a product/service, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.

(b)              You must pay for the product and/or services by one of the methods set out on our invoice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

(c)               We may charge interest at the rate of 2% per month on any amounts unpaid. If you do not pay in full by the due date, we have the right to charge an administration fee of $50 including GST, engage debt collection services for the collection of unpaid and undisputed debt, and the right to take legal steps including but not limited to repossessing products over which we have a security interest (see Clause 5).

3.                 Delivery of Products and Provision of Services

(a)               All purchases made with us are subject to availability

(b)              Location: We deliver products and provide services to the locations set out on our website. If you are not in our delivery area please contact us to discuss delivery options for our products.

(c)               Delivery Requirements: We will notify you when delivery is scheduled to occur. If you are unable to accept delivery of the product at the agreed address and time, you are obliged to arrange and pay for secure storage of the product. Additional charges may apply if the timing or location of delivery is changed by you, if we are required to store the product securely, and for any other expenses incurred by us.

(d)              Installation Requirements: We will notify you when the installation services are scheduled to occur. When you provide an address for premises to us for the purpose of provision of the supply and installation services, you warrant that you are authorised to admit us to that address, for provision of the agreed services, and you authorise us to access the premises and you undertake to ensure appropriate access and working conditions are provided. If for any reason we are prevented from performing our services due to lack of access, interference, interruption or disruption, you may be liable for any expenses incurred by us.

(e)              Routine Inspection Services: We will agree with you, when the Routine Inspection Services will occur. When you provide an address for premises to us for the purpose of provision of the Routine Inspection Services, you warrant that you are authorised to admit us to that address, for provision of the agreed services, and you authorise us to access the premises and you undertake to ensure appropriate access and working conditions are provided. If for any reason we are prevented from performing our services due to lack of access, interference, interruption or disruption, you may be liable for any expenses incurred by us.

(f)               Cost of Delivery: We may offer free delivery for some products to some areas. If free delivery does not apply, a delivery fee will apply, as set out on your quote.

(g)               Timing of Delivery: Delivery estimates provided are estimates only, based on the information provided by our team or the delivery company. We will deliver the product to the place of delivery you specify when making your order.

(h)              Delivery Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card with contact details, so that you can arrange another delivery time and date.

(i)                Address or Date Change: If you need to change the delivery address, delivery date, installation address, installation date or other details, please contact us as soon as possible to see if this is possible. Additional charges may apply.

 

4.                 Provision of Services and Cancellation

(a)              For Supply and Installation Services: If we are unable to meet your time-frame we will agree a new Installation Date with you or provide a refund, by agreement between us.

(b)              If certain products are out of stock or discontinued, we may from time to time substitute a product with another product of similar appearance, value and size. Where an item is substantially different, we will obtain your permission to substitute the item

(c)              For Routine Inspection Services: We provide Routine Inspection Services for the duration agreed with you and on the Inspection Schedule agreed with you, in our Quote. If you seek to cancel our Routine Inspection Services, please provide us with at least 9 months’ notice, before the end of the 1 year or longer duration, then the following year and any remaining period of the Duration will not be charged.

 

5.                 Title, Risk and Security

Risk in the property will pass to you as soon as the products are delivered to you.  Legal title in the products does not pass to you until you have paid us in full for the products. You acknowledge and agree that:

(a)   This clause creates a security interest in all present and after acquired products and any proceeds as security for your obligations to us;

(b)   We are a secured party in relation to the products and any proceeds, and are entitled to register our interest on the register as a security interest; and if applicable, a purchase money security interest;

(c)    We may, by notice to you, require you to take all reasonable steps requested by us to ensure our security interest in the products and the proceeds is enforceable, and to perfect, or better secure our position and you must comply with that notice.

(d)   We may, by notice to you, enter the premises specified at the Delivery Address or Installation Address, or other premises where the products are stored or installed, to retrieve products that have not been paid for in full, in the agreed time-frame.

(e)   We are not obliged to give any notice, document or information under the PPSA unless the provision of the notice, document or information is required by the PPSA and cannot be excluded.

(f)    In this clause, PPSA means Personal Property Securities Act 2009 (Cth). A term that is used in bold in this clause has the same meaning as in the PPSA.

(g)   You undertake to promptly provide accurate and complete detail as required and sign any required documents required by us in order for us to manage our security interest in all present and future products.

 

6.                Discount Codes and Promotions

We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site or on other marketing materials and must be used at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

 

7.                 Intellectual Property Rights

(a)              Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).

(b)              We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

(c)               You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as on-sale to third parties

8.               Dispute Resolution

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:

(a)             The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(b)             If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.

 

9.                 Consumer Law, Return, Refund and Exchange Policy

(a)       ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

(b)       Goods & Services: If you are a consumer as defined in the ACL, then the ACL applies to you, in addition to your rights under these Terms and Conditions.

(c)        Statutory Rights: Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

(d)       Installation Warranties: We provide your Statutory Rights regarding services, and we warrant that Installation work completed by us or our agents for our product is compliant with any relevant Australian Standards and/or Building Codes. However, this warranty will not apply where, in our reasonable opinion, a fault or defect is a result of something beyond our reasonable control that occurred after installation, as a result of the system being misused, abused, neglected or damaged after installation, the system being maintained other than in accordance with the maintenance documents; or if the system has been repaired, modified, re-installed or re-positioned by any technician who does not have the requisite knowledge and skill to undertake such work.

(e)       Sub-contracting: We reserve our right to sub-contract any of our obligations under these Terms to a third party. We will ensure that the relevant sub-contractor performs all obligations under these Terms.

(f)         Product Warranties: We provide your Statutory Rights regarding products. Beyond these, all material and work is provided to you without warranties of any kind, either express or implied.

(g)       Manufacturer: Products may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.

(h)       Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.

(i)         Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.

(j)         Installed: Subject to this clause, we will not accept or return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.

(k)       Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within 5 business days.

(l)         Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

(m)     Change of mind: We do not accept returns for change of mind.

 

10.             Limitation of Liability and Disclaimers:

(a)       While the information and material contained on the Site and in any other marketing material is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained therein.

(b)       Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.

(c)        To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:

i.                  we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;

ii.                we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and

iii.               we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.

(d)              To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.

(e)              This clause will survive termination of these Terms.

11.             Amendment: These Terms may be amended from time to time; we will provide you with 14 days’ notice of the varied Terms. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. If you have reasonable grounds to believe that the varied Terms will be detrimental to your rights, you may terminate these Terms without penalty within 14 days of receiving notice of the varied Terms. We recommend that you check the current Terms before purchasing a product. Our agents, employees and third parties do not have authority to change these Terms.

12.             Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

13.             General:

(a)              Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

(b)              Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or any marketing material for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

(c)              Termination: We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you, and remove or edit content on the Site or marketing material at our sole discretion, without incurring any liability to you. We may terminate our contract with you, in our sole discretion, without incurring any liability to you, if:

i.                   you commit a non-remediable breach of these Terms;

ii.                 you commit a remediable breach of these Terms and do not remedy the breach within 14 days after receiving notice of the breach.

(d)              GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

(e)             Relationship of Parties: These  Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.

(f)               Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

(g)              Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.

(h)              Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(i)               Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.

(j)               Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(k)              Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

(l)               Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

For any questions or notice, please contact us at:


Global Fire Pty Limited

31/105A Vanessa St, Kingsgrove NSW 2208

Phone: 1300 88 70 18 

Email: feedback@globalfire.com.au 

 

Last update: 12 June 2018