Terms & Conditions

These Terms and Conditions (“Terms”) apply to all quotations, orders, supplies, and installations of goods and services by the Company. Submission of an order or acceptance of a quote constitutes agreement to these Terms.

1. DEFINITIONS
“Customer” means the purchaser or contracting party. “Goods” means all items supplied or installed by the Company, including canopies, van fitouts, drawers, accessories, and related components. “Services” means all installation, fitting, or associated work performed by the Company. “Vehicle” means the Customer’s vehicle delivered to the Company for fitment or related services. “Site” means the Company’s premises or such other location where Services are performed.

2. ORDERS AND ACCEPTANCE
All quotations are valid for 30 days unless otherwise stated. Orders are subject to written acceptance by the Company. The Company reserves the right to correct typographical or clerical errors without notice.

3. PRICE AND PAYMENT
Prices exclude GST unless otherwise stated. A non-refundable deposit may be required prior to commencement of manufacture or scheduling of installation. Full payment is due prior to or on collection/delivery unless otherwise agreed in writing. The Company may suspend work or delivery where accounts remain unpaid. Interest on overdue amounts accrues at 20 percent per annum, calculated daily until payment is received. All recovery and legal costs incurred in recovering monies owed are payable by the Customer.

4. CANCELLATION
Once manufacture or installation has commenced, orders cannot be cancelled except with written consent. The Customer must pay for all materials, labour, and costs incurred to date. Deposits are not refundable.

5. DELIVERY AND COLLECTION
Delivery or collection dates are estimates only. The Company is not liable for delays beyond its control. The Customer must collect the vehicle or goods within two business days of completion unless otherwise agreed. Storage fees may apply thereafter.

6. RISK IN GOODS
Risk in the Goods passes to the Customer when the Goods are installed on, or delivered with, the Customer’s vehicle, whichever occurs first. After this point, the Customer is responsible for any loss or damage to the Goods, whether or not payment has been received in full. This clause applies only to the Goods. The Company’s obligations for vehicles on site are governed by Clause 7.

7. VEHICLES LEFT ON SITE
Vehicles left at the Company’s premises for installation, service or storage remain the Customer’s property and are held by the Company as bailee only. The Company will take reasonable care of vehicles while in its custody and will maintain appropriate insurance cover. The Company is not liable for loss or damage to vehicles or their contents unless such loss results from its negligence or failure to exercise due care. Vehicles are stored at the Customer’s risk for events beyond the Company’s control, including theft, fire, or vandalism. The Customer must ensure all valuables are removed from the vehicle prior to delivery and provide current registration and insurance details if requested.

8. INSTALLATION AND SERVICES
Installations are carried out to industry standards using reasonable care and skill. The Customer must ensure vehicles are clean and free from obstructions prior to fitment. The Company is not liable for delays or additional costs caused by vehicle condition, modifications, or accessories not disclosed before commencement.

9. TITLE AND RETENTION OF OWNERSHIP
Ownership of all Goods remains with the Company until payment in full is received. The Company may register its interest under the Personal Property Securities Act 2009 (Cth). Risk passes upon installation or delivery as per Clause 6. Vehicles remain the Customer’s property; the Company’s custody obligations are set out in Clause 7. If payment remains outstanding after the due date, the Company may, subject to law, recover or remove its Goods from the Customer’s vehicle or premises. The Customer must provide access and bear reasonable costs incurred.

10. DEFECTS AND RETURNS
The Customer must inspect all Goods and Services upon completion or delivery. Any claim for defects or non-conformance must be made in writing within 14 days of completion. The Company may, at its discretion, repair, replace or refund defective Goods, subject to inspection and verification. Except as required under the Australian Consumer Law, the Company is not liable for consequential loss, downtime, or incidental costs.

11. WARRANTY
All Goods and Services are supplied with the consumer guarantees that cannot be excluded under the Australian Consumer Law (ACL). In addition, the Company provides a contractual ten (10) year structural warranty on Gitsham Automotive ute service canopies as described in Clause 15 C. This warranty does not cover wear components, corrosion, paint, rubber, seals, locks, or damage caused by misuse, modification, overloading, or unauthorised repair. Warranty claim acceptance remains at the Company’s discretion, subject to the ACL. Warranty remedies are limited to repair, reinforcement, replacement, or refund of the defective structural component, and the Customer bears the cost of freight, labour, and transport unless required otherwise by law. To activate the Company’s contractual structural warranty benefits including reimbursement of labour, freight, or other costs not required under law, the Customer must complete and submit the Company’s Warranty Registration Form within thirty (30) days of delivery. Registration must include proof of purchase, vehicle identification details, and installer information. Failure to register within this period does not affect the Customer’s statutory rights under the ACL but limits entitlement to the Company’s additional contractual warranty benefits. The Company may verify registration details, inspect the Goods, and require evidence of proper use before approving any contractual warranty claim. No warranty applies to work or Goods altered, relocated, or repaired by others without written consent.

12. LIABILITY LIMITATION
    Except as required by the ACL, all warranties and conditions implied by law are excluded. The Company’s liability is limited to the amount paid for the Goods or Services giving rise to the claim. The Company will not be liable for consequential or indirect loss, loss of profit, downtime, or damage to other property.
    
    13. DEFAULT AND TERMINATION
    If the Customer defaults in payment or becomes insolvent, the Company may cease further work or delivery, enforce immediate payment of all outstanding amounts, and recover its Goods under Clause 9. Interest and recovery costs apply as set out in Clause 15B.
    
    14. DISPUTE RESOLUTION
    Any dispute arising from these Terms, including warranty or payment disputes, must first be referred to mediation administered by the Resolution Institute (Australia). If not resolved within 30 days, the dispute shall be referred to arbitration in South Australia under the rules of the Australian Centre for International Commercial Arbitration. The costs of mediation or arbitration are shared equally unless otherwise ordered.
    
    15. ADDITIONAL PROTECTIVE CLAUSES
    A – Price Adjustments: Prices may vary with wage, freight, duty or material cost changes. The Company reserves the right to adjust pricing to reflect such variations.
    B – Payment Defaults: Default in payment makes all monies immediately due and payable. Interest at 20 percent per annum may be charged on overdue amounts until payment is received in full. The Customer is liable for all recovery and legal costs incurred.
    C – 10-Year Structural Warranty: Refer to Clause 11.
    D – Australian Consumer Law Statement: Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. In addition to these statutory guarantees, Gitsham Automotive & Bott Storage Systems provides a 10-year structural warranty on Gitsham Automotive ute service canopies.