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
sets out how we collect, use and protect your personal information. These are
available on the Site.
Quotes, Products and Orders
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.
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
It is your responsibility to
check the order details, including product/service and pricing, before you
complete your order.
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.
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
Price and Payments
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.
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
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).
Delivery of Products and
Provision of Services
All purchases made with us are
subject to availability
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.
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.
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.
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.
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.
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
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.
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.
Provision of Services and
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.
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
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.
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;
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.
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
Discount Codes and
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.
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
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.
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
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:
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).
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
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.
Consumer Law, Return,
Refund and Exchange Policy
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
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
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.
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
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.
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.
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
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.
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.
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
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.
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.
Change of mind: We do not accept returns for change of
Limitation of Liability and
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.
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.
To the extent permitted by
law, we exclude all conditions and warranties, except for your Statutory Rights
including but not limited to:
we expressly disclaim any
implied or express guarantees, representations or conditions of any kind, which
are not stated in these Terms;
we take no responsibility for,
and will not be liable for the Site or the products or services being
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.
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
This clause will survive
termination of these Terms.
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.
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.
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.
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.
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 commit a non-remediable
breach of these Terms;
you commit a
remediable breach of these Terms and do not remedy the breach within 14 days
after receiving notice of the breach.
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.
Relationship of Parties: These Terms are not intended to
create a relationship between the Parties of partnership, joint venture, or
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.
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.
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.
Assignment: You must not assign any rights and
obligations under these Terms, whether in whole or in part, without our prior
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.
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.
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
Last update: 12 June 2018