1. Orders
(a) If the Customer wishes to acquire Goods and/or Services from Gworks:
(b) Once an Order is accepted by Gworks, an agreement is formed between Gworks and the Customer comprising of the Order, these Conditions and the Extended Warranty.
(c) The Customer acknowledges that, in accepting an Order, Gworks is relying on the information provided by the Customer in respect of the Vehicle, including the make and model of the Vehicle and any modifications made, or intended to be made, to the Vehicle.
(d) If, at any time after accepting the Order, Gworks forms the view that the Goods are outside of the manufacturer’s specified tolerances for the Vehicle or the Vehicle is otherwise not suitable for the installation of the Goods, Gworks may either vary or cancel the Order at its sole discretion. If Gworks cancels the Order clause 7(b)applies.
(i) Gworks will issue a Quote to the Customer;
(ii) the Customer may respond to the Quote by placing an Order within 30 days of receipt of the Quote; and
(iii) Gworks will either accept or reject the Order by notifying the Customer in writing and issuing an invoice to the Customer in respect of the Order.
(ii) the Customer may respond to the Quote by placing an Order within 30 days of receipt of the Quote; and
(iii) Gworks will either accept or reject the Order by notifying the Customer in writing and issuing an invoice to the Customer in respect of the Order.
(b) Once an Order is accepted by Gworks, an agreement is formed between Gworks and the Customer comprising of the Order, these Conditions and the Extended Warranty.
(c) The Customer acknowledges that, in accepting an Order, Gworks is relying on the information provided by the Customer in respect of the Vehicle, including the make and model of the Vehicle and any modifications made, or intended to be made, to the Vehicle.
(d) If, at any time after accepting the Order, Gworks forms the view that the Goods are outside of the manufacturer’s specified tolerances for the Vehicle or the Vehicle is otherwise not suitable for the installation of the Goods, Gworks may either vary or cancel the Order at its sole discretion. If Gworks cancels the Order clause 7(b)applies.
2. Supply of Goodsor Services
(a) Gworks will supply, and the Customer will acquire, the Goods and/or Services on the terms of the Agreement.
(b) Gworks will notify the Customer of the date on which Gworks proposes to commence installation at least 7 days prior to the proposed date.
(c) The Customer will confirm whether it either accepts or rejects the proposed date within 3 days of receipt of a notice from Gworks under clause 2(b).
(d) The process under clause 2(b) and 2(c) will be repeated until the parties agree a date on which Gworks will commence the supply.
(e) The Customer acknowledges that Gworks is not obliged to supply the Goods or Services on any particular date. Any delivery date included in any Quote or Order is an obliged to supply the Goods or Services on any particular date. Any delivery date included in any Quote or Order is an estimate only. Gworks will use all reasonable endeavours to supply the Goods or Services promptly once an Order is accepted by Gworks.
(f) Unless otherwise agreed, the Customer will, at its own cost:
(b) Gworks will notify the Customer of the date on which Gworks proposes to commence installation at least 7 days prior to the proposed date.
(c) The Customer will confirm whether it either accepts or rejects the proposed date within 3 days of receipt of a notice from Gworks under clause 2(b).
(d) The process under clause 2(b) and 2(c) will be repeated until the parties agree a date on which Gworks will commence the supply.
(e) The Customer acknowledges that Gworks is not obliged to supply the Goods or Services on any particular date. Any delivery date included in any Quote or Order is an obliged to supply the Goods or Services on any particular date. Any delivery date included in any Quote or Order is an estimate only. Gworks will use all reasonable endeavours to supply the Goods or Services promptly once an Order is accepted by Gworks.
(f) Unless otherwise agreed, the Customer will, at its own cost:
(i) deliver the Vehicle to the Site on the Supply Start Date; and
(ii) collect the Vehicle from the Site within 4 days of the Collection Date.
(ii) collect the Vehicle from the Site within 4 days of the Collection Date.
3. Price and Payment
(a) The Price for the Goods or Services is set out in the Order.
(b) Gworks may invoice the Customer upon accepting an Order under clause 1(a)(iii).
(c) Unless otherwise specified in the Order, the Customer will pay Gworks an amount equal to:
(b) Gworks may invoice the Customer upon accepting an Order under clause 1(a)(iii).
(c) Unless otherwise specified in the Order, the Customer will pay Gworks an amount equal to:
(i) 50% of the Price within 7 days of Gworks’ issuing an invoice; and
(ii) 50% of the Price on the Collection Date which must be paid by the Customer before the Vehicle is collected.
(d) Unless stated otherwise, the Price excludes GST. Where GST is payable by an entity in relation to a supply that it makes under or in connection with the Agreement, and the consideration for that supply excludes GST, the party providing the consideration will pay an additional amount equal to the GST when any part of the consideration is first payable.
(ii) 50% of the Price on the Collection Date which must be paid by the Customer before the Vehicle is collected.
4. Risk and title
Title and risk in the Goods passes to the Customer when the Goods are collected by, or on behalf of, the Customer from Gworks premises.
5. Guarantees andwarranties
(a) The Extended Warranty will apply to the Goods in accordance with its terms on and from the Collection Date.
(b) To the extent a Consumer Guarantee applies to the Goods and/or Services, the liability of Gworks for any non-compliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at the option of Gworks to one or more of the following:
(d) The Customer acknowledges that it has not relied on any term, condition, representation, warranty, matter, statement or conduct in entering into the Agreement that is not expressly stated in the Agreement.
(e) Gworks liability for any and all claims, other than liability addressed in clauses 5(a),5(b) or 5(c), is limited in the total amount of the Price paid by the Customer.
(b) To the extent a Consumer Guarantee applies to the Goods and/or Services, the liability of Gworks for any non-compliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at the option of Gworks to one or more of the following:
(i) if a breach relates to Goods:
(c) To the extent permitted by law, none of Gworks or its personnel are liable for Consequential Damages even if Gworks or its personnel are aware of the possibility of those Consequential Damages. A. the replacement of the Goods or the supply of equivalent Goods;
B. the repair of the Goods;
C. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
D. the payment of the cost of having the Goods repaired; and
(ii) if the breach relates to Services:
B. the repair of the Goods;
C. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
D. the payment of the cost of having the Goods repaired; and
A. the supplying of the Services again; or
B. the payment of the cost of having the Services supplied again.
B. the payment of the cost of having the Services supplied again.
(d) The Customer acknowledges that it has not relied on any term, condition, representation, warranty, matter, statement or conduct in entering into the Agreement that is not expressly stated in the Agreement.
(e) Gworks liability for any and all claims, other than liability addressed in clauses 5(a),5(b) or 5(c), is limited in the total amount of the Price paid by the Customer.
6. TechnologicalFeatures
The Customer acknowledges that:
(a) as part of providing the Services, Gworks may remove from the Vehicle reversing sensors, cameras, cross-traffic warning sensors and similar devices (Technological Features);
(b) subject to clause 6(c), Gworks will use reasonable care to reinstall any Technological Features;
(c) the alignment or operation of the Technological Features may not be the same as prior to Gworks performing the Services; and
(d) to the extent permitted by law, none of Gworks or its personnel are liable to the Customer for any claims in respect of the alignment or operation of Technological Features removed or reinstalled by Gworks.
(a) as part of providing the Services, Gworks may remove from the Vehicle reversing sensors, cameras, cross-traffic warning sensors and similar devices (Technological Features);
(b) subject to clause 6(c), Gworks will use reasonable care to reinstall any Technological Features;
(c) the alignment or operation of the Technological Features may not be the same as prior to Gworks performing the Services; and
(d) to the extent permitted by law, none of Gworks or its personnel are liable to the Customer for any claims in respect of the alignment or operation of Technological Features removed or reinstalled by Gworks.
7. Cancellation
(a) The Customer may cancel an Order at any time by notice in writing to Gworks.
(b) If an Order is cancelled, the Customer will pay to Gworks any cancellation fee payable under Gworks’ cancellation policy as published by Gworks from time to time
(b) If an Order is cancelled, the Customer will pay to Gworks any cancellation fee payable under Gworks’ cancellation policy as published by Gworks from time to time
8. Privacy
(a) Gworks will comply with the Privacy Act 1988 (Cth) and any privacy policy issued by Gworks from time to time.
(b) The Customer will do all things reasonably requested by Gworks to enable Gworks to comply with clause 6(a), and will not do anything to cause
(b) The Customer will do all things reasonably requested by Gworks to enable Gworks to comply with clause 6(a), and will not do anything to cause
9. General
(a) The Customer will not assign, novate or otherwise transfer any of its rights or obligations under the Agreement without the prior consent of Gworks.
(b) To the extent permitted by law, in relation to its subject matter, the Agreement embodies the entire understanding of the parties, and constitutes the entire terms agreed by the parties and supersede any prior written or other agreement of the parties.
(c) The Agreement is governed by the law applying in New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
(d) The Agreement may only be varied by a document signed by or on behalf of each party.
(e) Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under the Agreement by a party does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under the Agreement.
(b) To the extent permitted by law, in relation to its subject matter, the Agreement embodies the entire understanding of the parties, and constitutes the entire terms agreed by the parties and supersede any prior written or other agreement of the parties.
(c) The Agreement is governed by the law applying in New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
(d) The Agreement may only be varied by a document signed by or on behalf of each party.
(e) Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under the Agreement by a party does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under the Agreement.
10. Definitions
In the Agreement:
Agreement means the agreement between Gworks and the Customer contemplated by clause 1(d).
Australian Consumer Law has the meaning given by section 4 of the Competition and Consumer Act 2010 (Cth) and as applying under that Act or an application law of another jurisdiction that applies the Australian Consumer Law.
Collection Date means the date on which the supply of the Goods or Services is complete and the Vehicle is ready for collection by the Customer as notified by Gworks.
Conditions means these Terms and Conditions of Sale.
Consequential Damages means special, incidental, indirect, exemplary, punitive or consequential damages, loss of revenue, loss of profits, loss of production, loss of data, loss of goodwill or credit, loss of reputation or future reputation or publicity, loss of use, loss of interest, damage to credit rating, loss or denial of opportunity, loss of anticipated savings, or increased or wasted overhead costs; or which relates to additional expenses incurred or rendered futile; or which is not a natural or immediate consequence of the cause of action; or which is suffered as a result of a claim by a third party; or which consists of a claim for personal injury or damage to property, whether in contract, tort, statute or otherwise.
Consumer Guarantee means a guarantee under the Australian Consumer Law.
Customer means the person identified in the Quote as the customer.
Extended Warranty means the Gworks Extended Warranty available at www.gwrks.com.au/warranty
Goods means the goods described in the Quote.
GST means the goods and services tax levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Gworks means N&A Manufacturing Pty Ltd ABN 63 632 999 761 (trading as Gworks) and its successors and assignees.
Order means a request to purchase Goods or Services from Gworks specified in a Quote. Price means the price for the Goods or Services specified in the Quote.
Price means the price for the Goods or Services specified in the Quote. Quote means a written quotation that includes:
Services mean the services described in the Quote.
Site means the site nominated by Gworks for supply of the Goods or Services in the Quote.
Supply Start Date means the date on which Gworks will commence the supply of the Goods or Services as accepted by the Customer under clause 2(c).
Vehicle means the Customer’s vehicle on which the Goods will be installed.
Agreement means the agreement between Gworks and the Customer contemplated by clause 1(d).
Australian Consumer Law has the meaning given by section 4 of the Competition and Consumer Act 2010 (Cth) and as applying under that Act or an application law of another jurisdiction that applies the Australian Consumer Law.
Collection Date means the date on which the supply of the Goods or Services is complete and the Vehicle is ready for collection by the Customer as notified by Gworks.
Conditions means these Terms and Conditions of Sale.
Consequential Damages means special, incidental, indirect, exemplary, punitive or consequential damages, loss of revenue, loss of profits, loss of production, loss of data, loss of goodwill or credit, loss of reputation or future reputation or publicity, loss of use, loss of interest, damage to credit rating, loss or denial of opportunity, loss of anticipated savings, or increased or wasted overhead costs; or which relates to additional expenses incurred or rendered futile; or which is not a natural or immediate consequence of the cause of action; or which is suffered as a result of a claim by a third party; or which consists of a claim for personal injury or damage to property, whether in contract, tort, statute or otherwise.
Consumer Guarantee means a guarantee under the Australian Consumer Law.
Customer means the person identified in the Quote as the customer.
Extended Warranty means the Gworks Extended Warranty available at www.gwrks.com.au/warranty
Goods means the goods described in the Quote.
GST means the goods and services tax levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Gworks means N&A Manufacturing Pty Ltd ABN 63 632 999 761 (trading as Gworks) and its successors and assignees.
Order means a request to purchase Goods or Services from Gworks specified in a Quote. Price means the price for the Goods or Services specified in the Quote.
Price means the price for the Goods or Services specified in the Quote. Quote means a written quotation that includes:
(a) a description of the Goods to be supplied or Services to be performed;
(b) the price for the Goods or Services;
(c) the estimated delivery date for the Goods or Services; and
(d) any other information as determined by Gworks from time to time.
(b) the price for the Goods or Services;
(c) the estimated delivery date for the Goods or Services; and
(d) any other information as determined by Gworks from time to time.
Services mean the services described in the Quote.
Site means the site nominated by Gworks for supply of the Goods or Services in the Quote.
Supply Start Date means the date on which Gworks will commence the supply of the Goods or Services as accepted by the Customer under clause 2(c).
Vehicle means the Customer’s vehicle on which the Goods will be installed.
11. Interpretation
In the Agreement
(a) headings are for convenience only and do not affect interpretation; and unless the context indicates a contrary intention:
(b) an obligation or a liability assumed by, or a right conferred on, 2 or more persons binds or benefits them jointly and severally;
(c) "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
(d) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes a substituted or an additional trustee;
(e) a reference to a document (including the Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(f) a reference to a statute includes its delegated legislation and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;
(g) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
(h) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(i) "includes" in any form is not a word of limitation; and
(j) a reference to "$" or "dollar" is to Australian currency.
(a) headings are for convenience only and do not affect interpretation; and unless the context indicates a contrary intention:
(b) an obligation or a liability assumed by, or a right conferred on, 2 or more persons binds or benefits them jointly and severally;
(c) "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
(d) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes a substituted or an additional trustee;
(e) a reference to a document (including the Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(f) a reference to a statute includes its delegated legislation and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;
(g) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
(h) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(i) "includes" in any form is not a word of limitation; and
(j) a reference to "$" or "dollar" is to Australian currency.
