Terms & Conditions

Terms and Conditions for Supply Only of Products

These Terms and Conditions (“Terms”) govern the supply of Products (“Products”) by Guard-R Pty Ltd(“Supplier”) to the customer (“Customer”). By placing an order with Supplier, the Customer agrees to be bound by these Terms.

The Supplier reserves the right to update and modify these Terms and Conditions at any time. The most current version will be effective at the time of your order. The Supplier recommends that you review these Terms periodically to stay informed of any changes. Continued use of goods and services constitutes acceptance of any updated Terms.

1. Definitions

1.1 “Products” means any items supplied by the Supplier to the Customer as specified in the order.

1.2 Supplier means Guard-R Pty Ltd (ABN 99 677 364 859).

1.3 “Customer” means the person or organisation who accepts an offer made by the Supplier.

2. Orders

2.1 Orders for Products must be made in writing or through the Supplier’s official ordering platform.

2.2 All orders are subject to acceptance by the Supplier. The Supplier reserves the right to refuse any order.

2.3 Upon acceptance of an order, the Supplier will provide an order confirmation detailing the Products, price, and delivery schedule.

3. Use of Products

3.1 Fitness for Purpose: The Buyer and/or the end-user is responsible for ensuring that all Products are fit for their intended purpose.

3.2 Installation Requirements: All warranties provided by The Supplier are void if the Product is not installed in accordance with the advice or specifications provided by The Supplier

3.3 Modification: All warranties are void if the Product is modified in any manner.

4. Price, Payment & Title

4.1 The price for the Products shall be as set out in the Supplier’s quotation or as otherwise agreed between the parties.

4.2 Unless otherwise agreed, the Supplier will issue an invoice to the Customer upon receipt of the Order. The Customer shall make payment of the total invoice amount prior to dispatch or pick up of the Products.

4.3 Any monies owed by the Customer to the Supplier after the agreed payment date will incur interest at the current NSW pre-judgement rate. The Customer agrees to pay the Supplier that interest.

4.4 All quoted prices are exclusive of GST which shall be added to the agreed price.

4.5 Property in all goods supplied shall remain vested in the Supplier and shall not pass to the Customer until all monies owing to the Supplier by the Customer, together with all collection, repossession and or legal costs incurred have been paid in full. The Customer agrees to provide access to the Supplier as an invitee to any premises where the Products are stored for the purpose of the Products.

4.6 The Supplier may exercise its legal right to register a security interest in all Products supplied (the collateral) at any time.

4.7 To the extent the law permits, the Customer waives its right to receive any notice (including notice of a verification statement) that is required by the PPSA. However, this does not prevent the Supplier from giving a notice under the PPSA.

5. Delivery

5.1 The Supplier will use reasonable efforts to deliver the Products in accordance with the delivery schedule specified in the order confirmation.

5.2 Delivery dates supplied by the Supplier are estimates only, and the Supplier shall not be liable for any delay in delivery, including but not limited to consequential losses, or costs of sourcing replacement products.

5.3 Risk of loss of, or damage to the Products shall pass to the Customer upon delivery.

6. Returns

6.1 The Buyer must inspect the Products on delivery and must within one (1) working day of delivery notify The Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with an order, description or quote. The Buyer must notify any other alleged defect in the Products as soon as reasonably possible after any such defect becomes evident. Upon such notification the Buyer must allow The Supplier to inspect the Products.

6.2 Returns will only be accepted provided that:

I. the Buyer has complied with the provisions of clause 6.1; and

II. The Supplier has agreed in writing to accept the return of the Products; and

III. the Products are returned at the Buyer’s cost within seven (7) days of the Delivery Date; and

IV. The Supplier will not be liable for Products which have not been stored or used in a proper manner; and

V. the Products are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

6.3 The Supplier may (at their sole discretion) accept the return of Products for credit but this may incur a handling fee of up to twenty percent (20%) of the value of the returned Products plus any freight costs.

7. Inspection and Acceptance

7.1 The Customer shall inspect the Products promptly upon delivery.

7.2 The Customer must notify the Supplier of any non-conformance or defects in the Products within 7 days of delivery.

7.3 Failure to notify Supplier within the specified timeframe shall constitute acceptance of the Products.

8. Warranty

8.1 The Supplier warrants that the Products shall conform to the Supplier’s specifications and be free from defects in materials and workmanship for a period of 12 months from the date of delivery.

8.2 The Customer’s sole remedy for breach of the above warranty shall be the replacement or repair of defective Products, at the Supplier’s sole discretion.

9. Limitation of Liability

9.1 The Supplier shall not be liable to the Customer or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with the Products.

9.2 The Supplier’s total liability to the Customer for any claim arising out of or relating to these Terms or the Products shall not exceed the total amount paid by the Customer to the Supplier for the Products giving rise to the claim.

10. Intellectual Property

10.1 Ownership: All Products may be protected by intellectual property rights, including but not limited to patents, trademarks, and design registrations. The Buyer acknowledges that The Supplier retains all rights, title, and interest in and to the intellectual property associated with the Products.

10.2 Restrictions: The Buyer agrees that no Products or parts thereof may be copied, reproduced, or otherwise used without the express written permission of The Supplier.

10.3 Advertising: The Buyer shall not advertise any Products without the express written consent of The Supplier, which shall not be unreasonably withheld. The Supplier may provide directions regarding the form, content, or other details related to any advertisement.

10.4 Design Registration: If a Product is subject to a Design Registration number or The Supplier otherwise informs The Buyer that a Product is subject to design registration, The Buyer must include the Design Registration number in all advertisements for that Product.

11. Force Majeure

11.1 Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control.

11.2 Clause 11.1 shall not apply to any obligations on a party to pay monies owed to the other party.

12. Governing Law and Dispute Resolution

12.1 These Terms shall be governed by and construed in accordance with the laws of NSW.

12.2 Either party may elect to have any dispute arising out of or in connection with these Terms resolved through mediation or legal process in accordance with the rules of NSW.

12.3 Neither party shall commence legal proceedings prior to making genuine efforts to resolve any dispute in good faith between the parties.

13. Miscellaneous

13.1 These Terms constitute the entire agreement between the Supplier and the Customer with respect to the subject matter hereof and supersede all prior agreements and understandings, whether written or oral.

13.2 The parties may agree on specific terms and conditions for a particular order. Such terms and conditions shall be read in conjunction with these Terms and must be agreed in writing. Where there is conflict between these Terms and any other written agreement, the written agreement shall prevail for the order to which such terms apply.

13.3 No modification or amendment of these Terms shall be effective unless in writing and signed by both parties.

13.4 Failure by the Supplier to enforce any Term does not reduce or limit their ability to rely on that term in the future.

13.5 If any provision of these Terms is found to be invalid or unenforceable at law, then that provision shall be severed from these Terms and the remaining provisions shall continue to be valid and enforceable.