General Terms & Conditions
Agreement means these terms and conditions.
Seller means Gatemaster Australia.
Buyer means the purchaser of the product manufactured or services rendered by Gatemaster Australia.
Payment Schedule means the amounts agreed to on the quotation or otherwise agreed to in writing.
Product means the products and/or services to be supplied by Gatemaster Australia described on the quotation to the buyer.
2 THE PRODUCT
Gatemaster Australia agrees to provide the product and/or services and the buyer must pay the total contract price for the product.
3 PAYMENT BY THE BUYER
The Buyer must pay the total contract price plus the GST in the manner set out in the payment schedule. Gatemaster Australia must send the buyer an invoice for the balance of the total contract price on delivery of the product and the buyer must pay the amount in accordance.
4 TIME FOR DELIVERY OR INSTALLATION
Any dates given by Gatemaster Australia for delivery or installation are estimates only. If Gatemaster Australia is unable to deliver or install by the given date, Gatemaster Australia is not liable for any loss or damage arising out of the delay.
5 RETURNS & REPAIRS
This clause operates without prejudice to any other clause in this agreement.
5.1 Buyers may notify Gatemaster Australia of defects by: (a) by notifying Gatemaster Australia in writing no later than 7 days after delivery or installation of the product, and (b) providing the original of this agreement to Gatemaster Australia and (c) providing proof of purchase by attaching an invoice.
5.2 Gatemaster Australia must examine the notified defects within 30 days from the date of receipt of the complaint. If Gatemaster Australia confirms that the product is defective, then Gatemaster Australia may repair or replace the defective part or the entire product at its own discretion. Replacement of any defective product or parts thereof for a period of 12 months from the date of purchase. The Buyer must pay for any service call made by Gatemaster Australia when, in the reasonable opinion of Gatemaster Australia it is deemed the call is made for the purpose of adjustment and not for the purpose of repairing a defect under Warranty.
Title in the product shall pass to the Buyer upon payment for the product in full.
Gatemaster Australia warrants and guarantees to the Buyer that all new Motors and Accessories shall be free under normal use and service from manufacturing defects for a period of 12 months from the date of purchase. Warranty excludes any damage caused by water damage, insect damage, incorrect installation or wiring.
8 CONDITIONS OF WARRANTY
(a) Correct Use: The warranties only apply to a unit used by the Buyer correctly and reasonably and the product is maintained and serviced by the buyer as recommended by Gatemaster Australia
(b) Follow Instructions: The warranties only apply if the Buyer observes instructions or directions provided with the product.
(c) Reasonable Repairs: The warranties only cover replacement or repairs in a manner Gatemaster Australia considers reasonable, as outlined above.
(d) Proven Defects: The warranties only apply to repairs of proven defects in materials and workmanship (manufacturing defects).
(e) Proof of Purchase date: The buyer must establish to the reasonable satisfaction of Gatemaster Australia, the date of purchase and/or installation (as the case may be).
(f) Environmental Conditions: The warranties do not cover damage caused by proximity to the seafront, or similar corrosive conditions, nor do they cover insect or water damage.
(g) Events Beyond the Control of Gatemaster Australia: The warranties do not cover defects in or malfunction of a product due to an event or acts beyond the control of Gatemaster Australia.
(h) Model Modifications: The warranties do not require Gatemaster Australia to incorporate any modifications made to existing or future models of the product in products sold under these warranties.
(i) Labour and Materials: The warranty covers only the cost of faulty component(s), NO labour is covered for time involved in replacing/repairing the faulty component(s). No additional labour or installation costs are covered.
9 APPLICATION OF WARRANTIES
The warranties above or any terms and conditions of this agreement shall only be applied to the extent permitted by the provisions of the Competition and Consumer Act 2010, or any terms and conditions or warranties expressed or implied by any relevant state act or territorial ordinance or by the general law.
The agreement for the supply of the product by Gatemaster Australia to the Buyer shall be governed by the laws of the state of Western Australia (Australia), the location in which Gatemaster Australia operate their business from.