Repair Terms & Condition
Global Communication Services of 39 Great Eastern Highway KALGOORLIE 6430 Western Australia and
Unit 9 524 Abernethy Road KEWDALE 6105 (“GCS").
Definitions
These definitions apply unless the context of the Agreement requires a different interpretation:
“ Repair Works” means a piece of work fully described as to terms and scope in a letter or other document and signed by both parties and including all or any of the motor vehicle work specification, set out in the Quotation.
"Quotation" means the Quotation to Repair as per these terms.
‘Equipment’ includes two way radios, repeaters, power supplies, amplifiers, satellite equipment, HF Equipment and other electronic or communications equipment.
“Reasonable Time” For the purpose of claiming repaired equipment this is defined as 30 days from Date of Quotation by GCS transmitted by Fax, Email or Postal Service.
The terms of this Agreement are:
1. GCS Works
1.1 From time to time you may offer Repair Works in respect of any Equipment, which is either owned by you or in respect of which GCS is satisfied that you have the owner's permission for the execution of the Repair Works and GCS may accept or decline the Repair Works.
1.2 If the GCS accepts the Repair Works it will sign and return to you a copy of the Quotation describing the Repair Works. On your acceptance of the Quotation the Repair Works shall then be subject to the terms of that document and, to the extent that they are consistent with it, these terms. In particular that document will contain the Cost for the Repair Works (including materials, parts and any GST chargeable), which may not be exceeded, without your express written agreement, for further necessary Repair Works. If you decline to proceed with the repair works then you agree you pay the Assessment Fee as described on the Quotation.
1.3 The GCS acknowledges that this agreement imposes no obligation on you to provide GCS with any Repair Works.
2. GCS’s obligations
2.1 By accepting Repair Works the GCS agrees to devote its time attention and ability to work on it.
2.2 Within the scope of each Repair Works, GCS will perform promptly and with reasonable care and skill, the Repair works.
2.3 Each Repair Works will be completed in accordance with the Quotation describing the Repair Works.
3. GCS’s status
The GCS is not your agent and does not, without specific, signed authority, have authority
to enter into any commitment on your behalf.
4. GCS’s charges
4.1 Unless specified to the contrary in any Repair Works, you will:
4.1.1 upon delivering the Equipment for the Repair Works to GCS you expressly accept and agree that until the Repair Works are paid for, the GCS has a lien over the Equipment,
4.1.2 by so delivering the equipment GCS, authorise the GCS to carry out an Assessment of the equipment,
4.1.3 pay the GCS the amount specified in the quotation for the Repair Works, including materials, parts and any GST chargeable or in the event you decline to proceed with the Quotation pay the Assessment fee advised on the Quotation and
4.1.4 unless agreed with the GCS, remove the equipment from GCS within a reasonable time of notification to you of completion of the Repair Works, subject to payment having been made; provided that the GCS may charge the sums advertised by GCS for daily storage of the Equipment if the Equipment is either kept at the GCS under a lien for unpaid charges or you do not remove it within a reasonable time, as described above.
4.2 After the end of each Repair Works the GCS will give you or send an invoice to
you for work done and materials and parts supplied and any GST chargeable. The invoice will state the full details of work done and materials and parts supplied.
4.3 Payment of the sum specified in the invoice will be made by you within the period specified on the Invoice. Customers who do not have a valid Trading Account with GCS will be required to make payment at time of Collection of the equipment.
4.4 If your indebtedness to the GCS is not satisfied within three months from the first account rendered to you, the GCS may without notice, sell the equipment by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from you to the GCS, and any balance shall be paid by GCS to you on demand.
4.5 Where in any case a driver or Courier or Agent who, so far as the GCS is aware, has the authority to collect the equipment, collects the same, GCS shall not be responsible to you for any loss or damage resulting, on the grounds that such driver, Courier or Agent had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the GCS’s account. It shall not be obligatory upon the GCS to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time connected with you.
4.6 If equipment is not collected within a reasonable time, then GCS may charge its current storage rent at $AUD 5 a day in respect Small Equipment less than 0.5 cubic metres A$15 per day for equipment larger than 0.5 cubic metres. from the date of completion of the repairs until collection or disposal under paragraph 4.4 as the case may be.
4.7 You shall be entitled to the benefit of any warranty to which the GCS is entitled as against the manufacturer of parts and materials supplied or any sub-contractor. In the unlikely event of a replaced part failing due to incorrect fitment or the part itself being faulty, GCS offers the added reassurance of Workshop Warranty of Three Months from date of original fitment, whichever is earlier. Any equipment older than 5 years will not receive Workshop Warranty. Where the Equipment must be sent by GCS to the Manufacturer to obtain any Manufacturer Warranty to which you are entitled you agree that you will pay GCS freight fees for the transport of the equipment. If in event of there being a conflict between these terms and those mandated under State and Federal law then State and Federal Law shall have precedence with regard only to the points conflicting..
4.8 All parts removed by the GCS in the course of repair shall, if not previously advised by you shall after the completion of the repair be deemed to be wholly abandoned to GCS and they shall become GCS’s absolute property accordingly.
4.9 The GCS will wherever possible minimise the total costs to you, however parts ordered, obtained or used that cannot be cancelled, returned or resold together with any handling charges and any other direct costs that have been incurred will be charged to you.
5. Termination
You may terminate this agreement immediately upon giving notice in writing in the following circumstances:
5.1 GCS is in breach of any of the terms of this agreement or of any Repair Works;
5.2 GCS is or becomes incompetent or negligent in respect of any of its obligations under this agreement or in respect of any Repair Works;
5.3 GCS refuses to carry out the duties reasonably and properly as required of it under this agreement;
5.4 GCS is guilty of conduct which might tend to bring GCS or you into disrepute.
6. Matters after termination
6.1 Notwithstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
6.2 Without regard to the reason why this agreement ends, you will pay GCS
for all work done to the time the notice of termination is received by GCS,
calculated proportionately to the nearest one hour, plus all materials and parts used and any chargeable GST.
7. Loan Equipment
If Loaner Equipment is available it may be offered on the understanding that all damages or loss to any Loan Equipment are payable by you in the amount determined by GCS excepting fair wear and tear. If you accept GCS Loaner Equipment you acknowledge that the equipment is and remains the property of GCS and that GCS is in no way liable to you for any loss, real or otherwise resulting from malfunction or failure of the equipment and by accepting the Loaner Equipment you indemnify GCS and its Employees against any claims for loss or liquidated damages. You agree to return Loaner Equipment on demand by GCS and agree you are responsible for any costs involved in returning the equipment to GCS. You agree that GCS is not under any obligation to provide you with Loaner Equipment.
8. Insurance
GCS undertakes to obtain insurance against liability for loss of, or damage to, the equipment while it is at the GCS and for negligence in work done under this agreement. GCS agrees to provide evidence of the insurance to you upon request.
8. Force majeure
9.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities, civil insurrection, and strikes of employees or failure of 3rd party Suppliers to deliver goods.
9.2 Each of the parties agrees to give notice immediately to the other upon
becoming aware of an event of force majeure such notice to contain details of the
circumstances giving rise to it.
9.3 If a default due to force majeure shall continue for more than three months then the
party not in default shall be entitled to terminate this agreement.
9.4 Neither party shall have any liability to the other in respect of the termination of
this agreement as a result of force majeure, except in relation to liabilities accrued
before the occurrence of the force majeure.
10. Successors to the agreement
10.1 GCS is entitled to assign the benefit of this agreement (including any
GCS Works)
10.2 The benefit and obligations of this agreement shall be binding on any successor in title.
11. Waiver
The failure by either party to enforce at any time or for any period any one or more of the terms
or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
12. Notices
Any notice to be served on either of the parties by the other shall be sent by first class post or pre-paid recorded delivery or by facsimile or email and shall be deemed to have been received by the
addressee within 72 hours of posting or 24 hours if sent by facsimile or email to the correct number or email address.
13. Dispute Resolution
In the event of a dispute arising out of or in connection with this Contract and which has not
been resolved following discussions and negotiations between a person or persons appointed or authorised by GCS and you then both GCS and you undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation.
14. Jurisdiction
This Agreement shall be interpreted according to the Laws of Western Australia and the parties agree to
submit to the exclusive jurisdiction of the Western Australian courts.