Terms and Conditions
1.1 This website is operated by GaraDry® Ltd. ABN 96 640 314 085.
2.1 We will confirm acceptance of your order placed on the GaraDry website. Confirmation will be sent either via the website immediately after purchase of goods or by e-mail to the e-mail address supplied at the time of ordering. At the point of acceptance, the purchase contract will be formed and goods will be supplied to you by us in accordance with your order and these Terms and Conditions.
2.2 Unless you have requested not to be contacted by text message we will endeavour to send you a text message on the day of delivery of your order.
ITEM COST AND DELIVERY
3.1 The price of the goods will be as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button). Any inadvertent technical errors will render orders as void and we will not be liable for any such technical errors.
3.2 The prices stated on the website are inclusive of GST.
3.3 If GaraDry® Ltd makes an error with regard to the advertised price of the items on the website, it shall reserve the right to cancel any orders you place for such items.
3.4 Orders made may include a charge for delivery. If your order is subject to a delivery charge, it will be shown to you as a separate charge on the checkout page before you place your order. Any delivery charge added to your order will be dependent upon, amongst other factors, the value of your order, the weight of your order, the date and time of your delivery and your delivery address.
3.5 Unless otherwise expressly stated all quotations issued are valid for 30 days from the date of quotation.
4.1 Orders may be paid for by debit or credit card, bank transfer or PayPal. You cannot pay for your order by cash or cheque unless expressly agreed in advance.
4.2 The debit, credit and charge cards accepted by us are those listed on the website.
4.3 If paying by bank transfer, it is your responsibility to pay any transfer fees incurred.
5.1 We shall not be liable for delivery delays either caused by us or beyond our control. We reserve the right to restrict deliveries in particular areas.
5.2 Deliveries are made on a business day basis (Monday-Friday). It is the customer’s responsibility to ensure that an appropriate person is available at the delivery address on the specified delivery day in order to sign for the safe delivery of the goods. If there is nobody present at the address at the time that delivery is attempted, our courier will leave appropriate notification of the attempted delivery as well as instructions for the re-delivery of the order.
5.3 Products are subject to availability. If items ordered are not readily available we may contact you to offer a reasonable substitute. Please be aware that this may affect the price you pay. We will only provide substituted items at your request. Otherwise, a full refund will be granted for items which become unavailable.
5.4 Severe adverse weather conditions and other events outside of our reasonable control could result in a cancelled/delayed delivery. If a delivery is delayed/cancelled GaraDry® will endeavour to reschedule the delivery at the earliest opportunity.
5.5 GaraDry® Ltd’s couriers will usually only make deliveries when an appropriate person is able to take receipt of the delivery. If you should instruct us to leave a delivery with a neighbour etc GaraDry® Ltd expressly disclaims any liability which may arise as a result of the delivery being left somewhere other than the recipient’s delivery address, including but not limited to theft, tampering or damage.
5.6 Upon delivery of your order, you must check the contents to ensure that your order is complete and that you are satisfied with the condition of the goods. If an item is missing/damaged/incomplete you must notify GaraDry® Ltd in writing within 14 days from the day of delivery. Any order may be returned to us for a refund or replacement within this period. Please refer to our returns page for more information regarding returns.
5.7 For unwanted items, return costs are to be met by the customer. Any items found to be damaged or in un-saleable condition will be returned to the customer at their expense with no refund given.
5.8 All quoted delivery timescales are given as an estimate only on the likely time for the order to arrive. GaraDry® Ltd will make every reasonable effort to comply with such estimates but will not be liable to pay damages, compensation or grant cancellation of the order by reason only of failure to meet the stated delivery date.
6.1 Personal information given to us by you will be held securely. We do not sell or pass this information to any third parties unless otherwise agreed.
7.1 These Terms and Conditions shall not restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights.
7.2 We will not be deemed to be in breach of contract or in breach of these Terms and Conditions as a result of any delay in our performance/failure to perform our obligations if that delay or failure was brought about by circumstances beyond our reasonable control including, but not limited to, flooding, fire, force majeure, other acts of God, strikes, acts of terrorism, accident or road traffic problems.
7.3 All goods supplied by GaraDry® Ltd are fit for the normal purpose for which such goods were intended. GaraDry® Ltd will not be liable if the goods are found unsuitable for any other purpose. Any recommendations made by GaraDry® Ltd in such circumstances are made in good faith but as the installation of product is outside of our control, it is for the customer to satisfy themselves as to the suitability of the goods for the intended purpose.
7.4 GaraDry® Ltd will not be under any liability in respect of any defect arising from misuse or alteration of a product, wilful damage, negligence, abnormal working conditions and failure to follow our instructions whether oral or in writing.
7.5 All GaraDry® (Weather Stop pre June 1st 2022) branded products carry a 5-year manufacturers guarantee (effective on all orders from January 1st 2017). In cases where adhesive is to be used, only the supplied GaraDry® branded sealant & adhesive is to be used. In cases where alternative adhesive has been used in any or all of the installation, this guarantee will be null and void. If an alternative sealant is suspected of having been used, GaraDry® Ltd reserve the right to inspect any seal or sealant in question prior to making a decision on any warranty claim. Any and all applicable warranty will be void if the supplied fitting instructions are not followed. The warranty period covers all eligible purchases for 1 (one) like-for-like replacement. Different products may be offered as replacements at the discretion of GaraDry Ltd if the intended use is unsuitable for the product originally purchased.
7.6 Under no circumstances shall GaraDry® Ltd liability exceed the purchase price of the goods in respect of which damages are claimed.
7.7 Under no circumstances will GaraDry® Ltd liability exceed the replacement or refunding of the product you purchased. GaraDry® Ltd will not be responsible for incidental or consequential damages. All information is provided “as is” and is believed to be accurate at the time of publication.
7.8 Limitation of liability – The obligation of GaraDry® Ltd and the buyer’s sole remedy, shall be the supply of replacement products for the failed material from regular product inventory lines. GaraDry® Ltd will not be liable for the labour or any of the costs incurred in the repair or replacement of products nor shall GaraDry® Ltd be liable in contract, in tort (including negligence), or otherwise for damage or loss of other property, loss of profits or revenue, loss of use of property or equipment, claims of customers or buyers, or for any special indirect, incidental, or consequential damages whatsoever.
Trade Account Terms & Conditions
In these trade account terms and conditions, “we” or “us” or “company” means GaraDry® Ltd; “you” or “customer” means the person, firm or company named on the trade application form; and “our” or “your” shall be construed accordingly. This is an agreement between us and you to provide a trade account (the “Account”) which you can use to make purchases from us either online or directly. You will be deemed to have consented to these terms by your use of the Account.
This account is to facilitate trade credit. It is a non-regulated agreement and as such is not governed by any consumer credit laws. We will consider pursuing a prosecution for fraud against any individual(s) falsely applying or subsequently being granted credit in a consumer capacity.
Any customer that is a registered business will for all intents and purposes, with regards to these terms and conditions, be considered a "trade customer".
1.1 We will from time to time set a credit limit for the Account and tell you what it is. This may be done verbally or by specific letter or by virtue of the statement which will reflect a change to the limit offered.
1.2 We reserve the right to withdraw credit facilities at any time.
2.1 Any invoice query must be submitted in writing within 21 days from the date of invoice otherwise the invoice shall be deemed to be accepted by you.
2.2 The format of our invoice and statements to you will solely be dictated by us.
2.3 You will be sent, unless otherwise agreed, reminder invoices showing details of outstanding payments due, which have been charged to the Account, once the 30-day credit period has lapsed.
3.1 You will be sent an invoice for each purchase and, unless otherwise agreed, payment must be made within 30 days of the date of the invoice. Any payment must be made in the currency displayed on the invoice by way of direct debit, BACS, credit, or debit card. We do not accept cash or cheques.
3.2 The customer shall indemnify the company, against all costs (including legal costs) and expenses incurred by the company in recovering amounts due from the customer or exercising its rights including any administration fee incurred if the company refers a late/non-payment dispute to its lawyers or collection agents.
4.1 Even if we have provided you with credit previously, we reserve the right to refuse to complete any order if payment of the account or your credit rating is not satisfactory to us.
4.2 If the organisation in whose name the trade account will be held is (a) a company, and you are a director of the company, or (b) an LLP and you are a member of that LLP, you will personally guarantee the performance of all of that organisation’s current and future financial obligations to GaraDry® Ltd (including any subsequent increase(s) in the credit facility extended to that organisation).
4.3 You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
4.4 The goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you.
4.5 We may close the Account at any time with immediate effect, on us giving you notice verbally or in writing if you break any of these terms or the terms on which you purchased goods or if any of the following happens (or we reasonably believe is likely to happen). If your account is closed, you will become liable to pay any amount outstanding on the account immediately upon receiving a request from us to do so.
4.6 We may send you any notice at the address specified on your application form, any trading address you may have from time to time, or at any other address you notify to us in writing, and you must tell us if you change your address.
4.7 If you are selling, or intending to sell, our products via any medium including via mail order, on-line either by a site operated by you or a community marketplace; or by any other method of long-distance retailing, our product listings must be clearly branded. This includes identifying our product as “GaraDry®” branded in the title of the sales listing. Including the brand name in the main body text alone is not sufficient.
4.8 If you are selling or intending to sell, our products in ‘kit’ form, then these must be purchased from us as a complete kit and must not be re-packaged or have the packaging altered in any way and must contain all components of the original kit with no additional items.
4.9 If you are selling, or intending to sell, our products online then you are not permitted to sell on a competing platform where the company already lists its products for sale, e.g. Amazon.
4.10 Only images, videos or other marketing materials supplied with permission by the company may be used to list or sell our products online. Any alterations to supplied materials is strictly prohibited.
4.11 Items purchased that are to be resold or listed to be resold online must be listed at or above our listed RRP. We reserve the right to alter our prices at any time without prior notice.
5.1 You may end this agreement at any time by giving us notice provided that you have paid in full any outstanding balances on your Account.
5.2 We may vary these terms from time to time, and updated terms will be displayed on our website.
5.3 We reserve the right to refuse any application for a trade account solely at our own discretion. This includes but is not limited to; fraudulent applications, any account applications made by non-resellers or those not associated with the garage door or weather proofing industry.
6.1 You must tell us immediately if you become aware that the Account is being misused, whether fraudulently or in any other way; if access to the Account has been compromised, stolen or misused; or an Account invoice appears to wrongly include any item. Until you notify us of these events, so that we can stop the use of the Account or investigate any misuse of the Account, you will be liable for any losses we suffer as a result of any misuse of the Account. Where we have good reason to do so, we may cancel, suspend, or restrict the right to use the Account.
TRADE ORDER RETURNS
7.1 You will be responsible for all shipping costs incurred on any returns accepted by us.
7.2 We reserve the right to refuse any trade returns.
7.3 We reserve the right to charge a restocking fee for any accepted trade returns solely at our discretion.
8.1 We will use any personal information you provide in accordance with data protection laws for the purpose of assessing the level of credit we can provide to you and as otherwise permitted by law (the “Purpose”). We may share details with credit reference agencies and other organisations for these purposes and for the purposes of updating such organisations with your payment performance information. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud or money laundering. Law Enforcement agencies may access and use this information. By submitting the application, you consent to our use of your personal information as set out in this clause.
8.2 This agreement shall be governed by and construed in accordance with the law of Australia and all disputes arising in connection with the Contract shall be submitted to the non-exclusive jurisdiction of the Australian Courts. If the Customer is domiciled in New Zealand or Goods are delivered to the Customer in New Zealand, the Company may elect that the Contract shall be governed by and construed in accordance with New Zealand law and/or all disputes arising in connection with the Contract