1. Application

These Terms and Conditions (T&Cs) apply to all orders or contracts for the supply of goods and/or services by GILLFAB INDUSTRIES (“Supplier”) to the customer (“Customer”). No other terms and conditions, including those of the Customer, shall apply unless expressly agreed in writing by the Supplier.

2. Orders for Goods and/or Services

2.1 Any quotation provided by the Supplier is subject to written confirmation and shall not be construed as an offer or obligation to sell. No order is binding until accepted in writing by the Supplier. The Supplier reserves the right to accept or reject any order. Acceptance creates a legally binding contract.

2.2 Placement of an order by the Customer constitutes irrevocable acceptance of these T&Cs. Variations require written consent from the Supplier.

2.3 The Supplier relies on the accuracy of all information provided by the Customer and is not responsible for discrepancies in quantities or specifications.

3. Delivery and Acceptance of Goods

3.1 The Supplier will provide an estimated delivery date but does not guarantee delivery times and is not liable for delays.

3.2 Delivery shall be to the address provided by the Customer. If the Customer is not available, delivery may be left at the address at the Customer’s risk.

3.3 The Customer must inspect all goods upon delivery.

3.4 Delivery does not include insurance. The Customer is responsible for all delivery costs.

3.5 If the Customer opts for pickup, prior arrangements must be made with the Supplier.

4. Price and Payment

4.1 The price will be as listed on the invoice, subject to change without notice. Prices exclude GST, delivery fees, and additional charges unless stated otherwise.

4.2 Full payment may be required before installation.

4.3 Payments are due upon invoice receipt, unless otherwise agreed. Accepted payment methods include EFTPOS, cash, cheque, or other methods specified by the Supplier.

4.4 The Supplier retains the right to withhold goods or services until full payment is received.

4.5 Overdue invoices will incur interest at 12% per annum, compounding monthly.

4.6 Credit card details provided for telephone payments will not be stored.

4.7 The Supplier reserves the right to correct pricing errors and notify the Customer of any adjustments. Orders placed at incorrect prices due to errors may be canceled or adjusted.

5. Risk and Title

5.1 Risk in the goods passes to the Customer upon delivery or pickup.

5.2 Title in the goods remains with the Supplier until full payment is received.

5.3 Until ownership transfers, the Customer must store goods securely, in original condition, and return them upon request.

6. Privacy, Confidentiality, and Intellectual Property

6.1 The Supplier complies with privacy laws and maintains confidentiality. Customer data will be handled per legal requirements.

6.2 All intellectual property rights remain with the Supplier. No transfer of ownership occurs through the purchase of goods or services.

6.3 The Customer warrants that any materials provided to the Supplier for production do not infringe third-party rights.

7. Refunds

7.1 The Customer must inspect goods immediately upon receipt. Claims for incorrect goods must be made within 7 days.

7.2 Refunds are only available for goods supplied incorrectly or in excess. No exchanges or refunds on custom or special orders.

7.3 Refunds are not available if:
• The claim is made after 7 days.
• Goods were custom-made, installed, or modified.
• Goods are no longer needed.
• Goods are not returned in their original condition or packaging.

7.4 The Customer is responsible for all return shipping costs.

8. Warranty and Guarantee

8.1 Goods are warranted to be free from material or workmanship defects for 12 months. Services will be performed with reasonable care and skill.

8.2 If a defect is found, the Supplier may repair or replace the item at its discretion. Claims must be made within 12 months.

8.3 Warranty does not apply if:
• The goods were installed despite prior warnings of compatibility issues.
• The goods were purchased for resale.
• The Customer has modified, misused, or improperly installed the goods.
• The vehicle has been modified or used beyond manufacturer expectations.

8.4 Repairs or replacements will be conducted by the Supplier or an authorized repairer.

8.5 The Supplier is not responsible for costs related to returning defective goods.

8.6 Goods must be installed by qualified personnel. Improper installation may result in injury, damage, or death.

9. Liability

9.1 The Supplier makes no guarantees beyond those outlined in the contract.

9.2 The Customer acknowledges and agrees that:
• Information provided to the Supplier is accurate.
• They accept responsibility for goods in the Supplier’s custody.
• Goods may not be compatible with aftermarket modifications.
• The Supplier is not liable for voided warranties or insurance claims due to modifications.
• The Supplier is not responsible for legal compliance related to the use of goods.

9.3 The Supplier packages goods securely but is not liable for damage in transit.

9.4 The Supplier may refuse service if a vehicle is deemed unroadworthy or unsafe.

9.5 The Supplier is not liable for financial or consequential losses related to the use of its goods or services.

10. Indemnity

10.1 The Customer agrees to indemnify the Supplier against costs, damages, and liabilities arising from:
• Incorrect information provided.
• Breach of contract.
• Negligence or misconduct.
• Damage during delivery or installation.
• Goods being unfit for a particular purpose.
• Order cancellations.
• Recovery of outstanding payments.
• Enforcement of these T&Cs.

11. Cancellation, Variation, and Termination

11.1 The Supplier may cancel an order prior to delivery with no liability except to refund payments made in advance.

11.2 The Customer cannot cancel or modify custom orders. Other orders may only be changed with written consent.

11.3 The Supplier may terminate a contract if the Customer breaches these T&Cs or fails to make payment.

11.4 If a contract is terminated, all outstanding payments become immediately due.

11.5 These T&Cs remain in effect even after contract termination.

13. Miscellaneous

13.1 These T&Cs:
• Can only be amended with written consent from the Supplier.
• Do not limit any legal rights of the Supplier.
• Are binding despite delays or failures in enforcement.
• May be updated by the Supplier without prior notice.

13.2 These T&Cs are governed by the laws of Western Australia, and disputes will be resolved in its courts.

13.3 If any provision is found unenforceable, the remaining provisions shall remain in effect.

Definitions

• Supplier: GILLFAB INDUSTRIES, its employees, agents, or authorized representatives.
• Customer: The individual or entity purchasing goods/services.
• Goods: The items supplied under the contract.
• Services: Any work or labor provided by the Supplier.
• Order: Any request for goods or services.
• Price: The amount payable for goods and services.
• Intellectual Property Rights: Any proprietary rights including trademarks, copyrights, and patents.

Declaration

By placing an order, the Customer acknowledges that they have read, understood, and agreed to these T&Cs. The Customer has had the opportunity to seek independent legal and financial advice.