Terms and Conditions of Sale

(a) If the Customer wishes to acquire Goods and/or Services from Gworks: (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.

(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.

(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 clauses 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 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.

(g) If the Customer's Vehicle is unavailable for installation on the agreed Supply Start Date, including due to delays in vehicle delivery, registration, transport, modification, finance approval, or any other circumstance outside Gworks' control, Gworks may require payment of the remaining balance of the Price excluding installation charges in accordance with clause 3(c)(ii). Upon receipt of payment, Gworks may store the Goods pending installation. Gworks reserves the right to charge reasonable storage fees where storage exceeds a reasonable period.

(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: (i) 50% of the Price within 48 business hours of Gworks issuing an invoice (Initial Fee); (ii) the remaining balance of the Price excluding installation charges no later than 3 business days prior to the scheduled installation date or prior to dispatch of the Goods from Gworks' premises, whichever occurs first; and (iii) any remaining installation charges on completion of installation and prior to collection of the Vehicle.

(d) All Goods being shipped, freighted, or otherwise dispatched from Gworks' premises must be paid in full prior to dispatch.

(e) 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.

Title in the Goods does not pass to the Customer until full payment of all amounts owing under the Agreement has been received by Gworks.

Risk in the Goods passes to the Customer upon collection of the Goods or Vehicle from Gworks' premises, or upon dispatch where Goods are freighted.

(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 replacement of the Goods or the supply of equivalent Goods; the repair of the Goods; the payment of the cost of replacing or acquiring equivalent Goods; the payment of the cost of having the Goods repaired; or, where the breach relates to Services, the supplying of the Services again or the payment of the cost of having the Services supplied again.

(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.

(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.

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) 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.

At GWorks, we strive to provide the best possible products and services to our customers and community. We understand that circumstances may change and an Order may need to be cancelled.

By placing an Order with GWorks, the Customer acknowledges and agrees that the charges specified below are reasonable and proportionate to the goods and services being provided, and to the costs incurred and loss of business associated with cancellation of an Order.

The Customer acknowledges that many Goods supplied by Gworks are custom manufactured, allocated, powder coated, modified, or ordered specifically for the Customer's Vehicle and configuration. As a result, cancellation charges are necessary to compensate Gworks for administration, labour, material procurement, production scheduling, workshop allocation, and loss of manufacturing opportunity.

(a) Cancellation within 14 days of deposit being taken: If the Customer cancels the Order within 14 days from the date of the invoice, the Customer will be liable for a charge equal to 10% of the Initial Fee.

(b) Cancellation after goods have been, or have started being, manufactured: If the Customer cancels the Order after the goods have been, or have started being, manufactured, the Customer will be liable for a charge equal to 50% of the Initial Fee as materials have been purchased and manufacturing and labour costs have been incurred. Manufacturing is deemed to have commenced once materials are ordered, stock is allocated, CAD/CAM programming begins, fabrication begins, powder coating is booked, or workshop scheduling has occurred.

(c) Cancellation after goods have been powder coated, assembled, or are ready for installation: If the Customer cancels the Order after the goods have been powder coated, assembled, or are ready for installation onto the Customer's vehicle, the Customer will be liable for a charge equal to 100% of the Initial Fee.

The Customer acknowledges and agrees that such charges will be deducted from the Initial Fee, and any remaining balance will be refunded to the Customer's nominated account. Refunds will be processed within 10 to 15 business days.

This cancellation policy does not affect the Customer's statutory rights under Australian Consumer Law.

(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 8(a), and will not do anything to cause Gworks to breach that obligation.

(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 supersedes 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.

In the Agreement, and unless the context indicates a contrary intention:

(a) headings are for convenience only and do not affect interpretation;

(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.