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TERMS AND CONDITIONS

Goods sold subject to Terms & Conditions

  1. IN THIS DOCUMENT

    1. we, our, us: means GM Outdoor Living.

    2. You, your: means the Client whose name is on the first page of this form.

    3. the Materials means all the materials supplied by us to you necessary for the works described on the first page of this form.

    4. Installation, Labour; means the installation supplied by us to you to complete the works described on the first page of this form.

    5. If there is more than one Client, the Clients are jointly and severally bound by these terms and conditions.

  2. CANCELLATION

    1.  If you have accepted our quote you are not entitled to cancel the order, but if you do cancel the order we are entitled to and will keep the deposit.

    2. The advised lead times may vary, and if subject to delays the zero cancellation policy still applies

  3. REFUNDS

    1. Unfortunately, there is no refund, exchange or cancellation available on all Manufactured, Custom, Made to Order and Special Order Items.

    2. Products that are made to order is the responsibility of the customer to ensure all orders are 100% appropriate and exactly what they desire before purchasing.

    3. The price of delivering any goods returned to GM Outdoor Living is to be covered by the customer

    4. Goods must be returned within 10 days of their receipt

    5. Goods must be returned in the condition that they were received and must be in saleable condition. This condition is to be at GM Outdoor Livings discretion upon receipt of them

    6. All returned goods will incur a 20% restocking fee to be taken off of any refunded amount.

    7. We will endeavor to replace the goods for you or refund your purchase if replacement is not practicable. As timber is a natural product with natural blemishes and knots we will not provide refunds for timber quality unless there is significant movement in the timber or unworkable knots (which we endeavor to grade out when preparing your order)

  4. BALANCE OF PAYMENT OF CONTRACT

    1. We will let you know when the Materials are ready for delivery.​

    2. You must pay the balance of the Material price (a 1% surcharge applies to Visa and Mastercard payments) at least 48 hours before delivery of materials. If you don't and ask us to deliver the materials COD or in advance of you paying for materials, then;

    3. Interest of 15%pa will be charged on any overdue payment until it is paid.

    4. You must pay us any costs we incur in recovering (or attempting to recover) any overdue payment.

    5. Property of the materials supplied dose not pass to you until you have paid for them in full. You acknowledge that until you have paid for the Materials in full you are in possession of Materials solely as a bailee for us.

    6. Your right to possession of the Materials ceases if any payment due is not paid. In that event, we may enter your property or wherever the Materials are or are reasonably though to be, and re-possess them.

    7. Final payment of Installation is required 7 days after completion of your project as described on the first page of this form (a 1% surcharge applies to Visa and Mastercard payments). If you do not pay on time please refer to section 4.3 - 4.6.

  5. DELIVERY AND RESPONSIBILITY FOR THE MATERIALS

    1. You will be responsible for the loss, damage or deterioration to the Materials once they are delivered, even if the delivery address is unattended. If delivery of the Materials is not included you will be responsible for any loss, damage or deterioration to the Materials once they leave our place of business.

    2. Delivery means delivery of the Materials to the most appropriate and accessible point (as determined by our driver) nearest to the delivery address.

    3. If you are not the owner of the delivery address you promise that we have the right to deliver the Materials to the delivery address and you promise that we have the right to collect any excess material from the delivery address or wherever any excess materials might be.

  6. DAMAGE

    1. There are two basic kinds of transport damage:

      1. Obvious transport damage Examples: Carton torn or severely dented, parts of the equipment protruding out of the packaging, broken pallets, fork from forklift truck has penetrated the box on the pallet,… What to do in these cases: Record the type of damage (e.g. packaging defective, housing dented) on the consignment note and have the delivery driver confirm this by signing it. If the driver refuses to sign it, make your notes anyway and add the text: "Driver's signature missing, as refused to sign". Should the signature be on an electronic display unit, sign slightly smaller and make sure the word "DEFECTIVE" is recorded and clearly legible. If possible, also get the driver to record the delivery as defective/damaged in his system. You can also use your own forms to record and document damage if this is standard practice in your company. If you are at all unsure: Rather than accepting a damaged delivery which you suspect you may be liable for, simply refuse delivery and let us know about the damage. If a driver refuses to grant you delivery if you wish to record the damage (i.e. insisting on a signature without any damage notes or no delivery), simply refuse to accept the delivery and let us know as soon as you can.

      2. Hidden transport damage Examples: Box or pallet appears undamaged externally, but damage is detected when opening the delivery packaging. Unlike obvious transport damage, the goods were accepted "against clean receipt". No damage was made clear to or recorded by the carrier. The burden of proof against the carrier therefore lies between sender and recipient. In such cases, complete and comprehensive documentation is therefore essential (photos of the internal and external packaging, photos of the damaged sections, descriptions of the damage, etc.). In addition to this, any such damage must be reported to us within 10 days of receipt. Once these 10 days have elapsed, the carrier/courier and any insurance will assume that the goods have been delivered satisfactorily and that any damage can now no longer be settled. 

      3. GM Outdoor Living will arrange either a repair or replacement parts for the damaged items, we will then organize return of any refused delivery for you in collaboration with the haulage/ transport company of our choosing. We also organize pick-up of products damaged in transit. Of course, we will always contact you to coordinate this.

  7. DISCREPANCY IN MATERIALS

    1. If there is any discrepancy in Materials as per the plan on the front page of this form, then GM Outdoor Living Ltd is responsible for these and these will be rectified.

    2. Because of the way in which wood grows, each piece of timber has its own unique grain pattern. No two are the same!

    3. Due to the natural appearance of wood, there are knots, scuffs and imperfections in the timber, whilst we take every effort to sand these out, we cannot always remove these from the timber

  8. EXCESS MATERIALS

    1. Any materials in excess of the Materials belong to us and we are entitled to collect any excess materials without a credit or refund.

  9. SPECIFIC EXCLUSIONS

    1. The following matters are specifically excluded from the purchase price: and/ or installation costs.

    2. Subject to council applications being specifically included on the first page of this form, development approval above standard and building approval above standard.

    3. Engineering calculations above standard.

    4. Additional materials and labour costs to meet any above standard requirements including house attachment.

    5. Locating, moving or constructing around any services or connections (e.g. water, power, gas, telephone, cable, TV, solar panels, satellite dishes etc.).

    6. Additional costs to meet specific earthquake regulations.

    7. Replacement of paving.

    8. Connection to existing stormwater system.

    9. Costs incurred in relation to dealing with any asbestos ono the property.

    10. Extra costs associated with footings will be charged as a variation, e.g. nonstandard footings specified by Council, or costs digging into rock or concrete.

    11. Costs of complying with Government regulations introduced after the date of quotation.

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