Terms & Condition | Gold Coast Racking
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GOLD COAST RACKING, JEMSS TRADING PTY LTD
Terms & Conditions and Installation Terms
1. Application
- These Terms and Conditions apply to all quotations, sales, supply of goods, installations, inspections, maintenance, repairs and related services provided by Gold Coast Racking.
- By accepting a quotation, issuing a purchase order, making payment, accepting delivery or permitting work to commence, the Customer agrees to be bound by these Terms and Conditions.
- These Terms prevail over any terms contained in the Customer’s purchase order or other documents unless expressly agreed in writing by the Company.
- Any amendment to these Terms is only valid if made in writing and signed by an authorised representative of the Company.
2. Quotations and Orders
- All quotations are valid for thirty (30) days unless otherwise stated.
- Quotations are based on information provided by the Customer and any site inspection undertaken by the Company.
- The Company reserves the right to amend a quotation where incorrect or incomplete information has been provided or where unforeseen site conditions are discovered.
- Unless specifically stated, quotations exclude engineering certification, council approvals, building approvals, electrical works, civil works and other third-party costs.
- Orders are not binding until accepted by the Company.
- The Company may refuse or cancel any order before dispatch or commencement of work where payment has not been received, stock is unavailable, or the Company considers the order unsafe or impracticable.
- Customer-requested changes after acceptance constitute a Variation and may result in additional charges and revised completion dates.
3. Pricing and Payment
- All prices are quoted in Australian Dollars (AUD).
- Unless expressly stated otherwise, prices are exclusive of GST.
- Freight, unloading, crane hire, elevated work platforms, engineering, permits and other additional costs are excluded unless specifically included in the quotation.
- Payment shall be made in accordance with the quotation or invoice.
- The Company may require:
3.1 a deposit before ordering materials;
3.2 progress payments during the project; and
3.3 full payment before or upon Practical Completion. - Payment must be made in full for all products before delivery or pick up unless otherwise agreed in writing.
- For ease of payment for customers, the Company accepts payment through cash, credit card, and bank transfer.
- Overdue accounts may accrue interest at a reasonable commercial rate specified in the Company’s invoice or credit agreement.
- The Customer is responsible for reasonable debt recovery costs, including legal costs, to the extent permitted by law.
4. Delivery, Collection and Risk
- Delivery dates are estimates only and are subject to product availability, transport providers, weather, industrial action and other events beyond the Company’s reasonable control.
- The Company gives no promise, warranty or undertaking that it will deliver the Goods by the estimated delivery date.
- Delivery times and dates will be agreed between the Company and the Customer where applicable.
- Unless otherwise agreed in writing, the Customer will collect, or procure collection of, the Goods from the Company’s premises in the quantities ordered and at agreed times.
- The Customer is responsible for the delivery address and should check the “Ship To” address before confirming the order.
- If delivery is intended to a third party, the address must be properly stated and the Customer is responsible for the cost of carriage and insurance in relation to the transport of such Goods.
- Risk in the Goods passes to the Customer upon delivery or collection.
- The Customer shall inspect all Goods immediately upon delivery and notify the Company in writing of any shortages, damage or incorrect Goods within forty-eight (48) hours.
- Before signing the Proof of Delivery (POD) document, the Customer should check the product. The Company will not take responsibility for goods which have not been received once the POD is signed.
5. Ownership
- Ownership of the Goods remains with the Company until all monies owing by the Customer have been paid in full.
- Until ownership passes, the Customer shall store the Goods separately, keep them identifiable as the Company’s property and not sell, pledge or otherwise dispose of them except in the ordinary course of business where permitted by law.
- The Company may register its interest under the Personal Property Securities Act 2009 (Cth), and the Customer agrees to do all things reasonably required to give effect to that registration.
Installation Terms
6. Scope of Installation
- Installation services are limited to the work described in the accepted quotation.
- Any additional work requested by the Customer shall constitute a Variation.
7. Site Inspection and Conditions
- The Company may inspect the Site before installation.
- The Customer shall provide safe and unrestricted access to the Site.
- Hidden or unforeseen conditions discovered after commencement may result in additional costs and time extensions.
- The Customer warrants that the concrete slab is structurally suitable for the intended loads.
- The Company is not responsible for anchor failure, cracking or structural damage caused by inadequate slab design or construction.
- The Customer shall ensure the floor is suitable for safe installation and operation.
- Any floor rectification or levelling required due to non-compliant conditions shall be treated as a Variation.
8. Engineering and Approvals
- Engineering certification is only included where expressly stated in the quotation.
- The Customer is responsible for obtaining any building approvals or engineering certifications required by law unless the quotation states otherwise
9. Load Capacity
- The Customer must not load the racking system beyond its Safe Working Load.
- Safe Working Load signage must remain in place and legible at all times.
- Overloading or misuse may void warranties to the extent permitted by law.
10. Customer Responsibilities for Installation
The Customer must:
- provide accurate site measurements and information;
- provide safe access for personnel and equipment;
- ensure the work area is clean and free from obstructions;
- identify underground services and overhead electrical hazards;
- ensure forklift access where required;
- notify the Company of existing damage or structural issues before work commences;
- inspect the completed works promptly and report any defects within seven (7) days;
- maintain the installed Goods in accordance with the Company’s recommendations and applicable Australian Standards.
Supply Only Policy
11. Application
- This Section applies where Gold Coast Racking supplies Goods only and does not provide installation, engineering, supervision or commissioning services.
- The Customer acknowledges that the Company’s responsibility is limited to supplying the Goods described in the accepted quotation unless otherwise agreed in writing.
12. Customer Responsibilities
The Customer is solely responsible for:
- ensuring the Goods are installed by competent and suitably qualified persons;
- ensuring installation complies with all applicable Queensland legislation, Australian Standards, manufacturer specifications and workplace health and safety requirements;
- obtaining any engineering certification, council approvals, building approvals or permits required for the installation or use of the Goods;
- verifying all measurements, layouts and load requirements before installation; and
- ensuring the completed installation is safe for its intended use.
13. Inspection and Storage of Goods
- The Customer shall inspect all Goods immediately upon delivery.
- Any shortages, transport damage or incorrect Goods must be reported to the Company in writing within forty-eight (48) hours of delivery.
- The Customer must not install Goods that are visibly damaged or defective without first notifying the Company.
- Following delivery, the Customer is responsible for the safe storage and protection of the Goods.
- Goods must be stored in a clean, dry and secure location and protected from moisture, corrosion, impact, chemicals and other conditions that may cause damage.
14. Third-Party Installation
Where installation is undertaken by the Customer or a third party, the Company accepts no responsibility for:
- incorrect installation;
- incorrect anchoring or fixing;
- engineering or design errors by others;
- non-compliance with Australian Standards or applicable legislation;
- structural failure resulting from poor workmanship or unsuitable site conditions.
14.2 Any installation warranty offered by the Company does not apply where the Goods are installed by a person other than the Company unless expressly agreed in writing.
15. Load Capacity and Maintenance
- The Customer shall ensure the Goods are not loaded beyond the manufacturer’s or engineer’s specified Safe Working Load.
- Load rating signage must be installed and maintained at all times.
- The Company accepts no liability for loss or damage resulting from overloading or misuse.
The Customer is responsible for: - regular inspections;
- replacing damaged components before further use;
- maintaining load signage;
- arranging periodic inspections by a competent person in accordance with applicable Australian Standards.
Warranty Policy
16. Warranty
- Subject to these Terms and applicable law, the Company warrants that the Goods supplied will be free from manufacturing defects for the period stated in the quotation or the manufacturer’s warranty.
- Where the Company performs installation services, workmanship is warranted for twenty-four (24) months from the date of Practical Completion, unless otherwise stated in writing.
17. Warranty Claims
- Warranty claims must be submitted in writing as soon as reasonably practicable after the defect is discovered.
- The Customer must provide photographs, purchase details and any other information reasonably requested by the Company.
17.3 The Company may inspect the Goods before determining the claim.
18. Warranty Exclusions
18.1 The warranty does not apply to defects or damage resulting from:
- incorrect installation by persons other than the Company;
- forklift or vehicle impact;
- overloading or misuse;
- unauthorised modifications or repairs;
- corrosion caused by environmental or chemical exposure;
- fire, flood, storm, cyclone, earthquake or other natural events;
- failure to carry out routine inspections and maintenance;
- normal wear and tear.
19. Limitation of Warranty
19.1 Where permitted by law, the Company’s obligation under this warranty is limited to, at its option:
- repairing the defective Goods;
- replacing the defective Goods;
- supplying equivalent Goods;
- repairing defective installation work; or
- paying the reasonable cost of repair or replacement.
20. Australian Consumer Law
- Nothing in this Warranty Policy excludes, restricts or modifies any guarantee, right or remedy available under the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law.
21. Warranty Conditions
21.1 The warranty remains valid only where:
- the Goods are used for their intended purpose;
- Safe Working Load limits are not exceeded;
- the Goods are properly maintained;
- damaged components are immediately removed from service and replaced;
- all reasonable operating and maintenance instructions issued by the Company are followed.
22. Exclusion of Consequential Loss
- To the maximum extent permitted by law, the Company is not liable for indirect, consequential or economic loss, including loss of profits, business interruption, production downtime or loss of contracts arising from the use of the Goods or Services, except where liability cannot lawfully be excluded.
23. Governing Law
- This Supply Only Policy and Warranty Policy are governed by the laws of Queensland, Australia, and any dispute shall be determined by the courts of Queensland.
Inspection & Maintenance Policy
24. Purpose
- This Policy establishes the inspection and maintenance requirements for all pallet racking, shelving, cantilever racking and warehouse storage systems supplied and/or installed by Gold Coast Racking to promote ongoing safe operation and compliance with applicable legislation and relevant Australian Standards.
25. Customer Responsibility
- After delivery or Practical Completion, the Customer is solely responsible for the safe operation, inspection and maintenance of the Goods.
The Customer shall: - conduct routine visual inspections;
- immediately remove damaged racking from service;
- replace damaged components before reuse;
- ensure load rating signs remain installed and legible;
- prevent overloading of the storage system;
- ensure forklifts are operated safely around the racking.
26. Periodic Inspections
- The Company recommends that pallet racking systems be inspected at regular intervals by a competent person in accordance with AS 4084 – Steel Storage Racking and the manufacturer’s recommendations.
- Inspection frequency should reflect the operating environment, traffic levels and risk of impact damage.
27. Damage Classification
- Where damage is identified, the Customer should immediately assess whether the affected area should be unloaded and isolated until repaired or replaced.
- The Company may provide repair or replacement services upon request.
28. Maintenance
28.1 The Customer shall ensure:
- anchor bolts remain secure;
- beams are correctly engaged;
- safety locking devices remain fitted;
- uprights remain plumb;
- damaged protectors are replaced;
- corrosion is addressed promptly;
- modifications are not undertaken without written approval.
29. Warranty Under Maintenance
- Failure to properly inspect or maintain the Goods may void applicable warranties to the extent permitted by law.
- Damage caused by forklift impact, overloading, unauthorised modifications, corrosion, misuse or poor maintenance is not covered by the Company’s installation warranty.
30. Records
- The Customer should maintain inspection, maintenance and repair records throughout the service life of the storage system.
Customer Responsibilities
31. General Responsibilities
31.1 The Customer agrees to:
- provide accurate drawings, measurements and specifications;
- provide unrestricted Site access;
- provide a safe workplace;
- ensure the Site is suitable for installation;
- obtain required approvals unless otherwise agreed in writing.
32. Site Conditions
32.1 The Customer warrants that:
- the building is structurally suitable;
- the concrete slab is adequate;
- underground services have been identified;
- overhead electrical hazards have been disclosed;
- forklift access is available where required.
33. Safe Operation
33.1 Following completion, the Customer shall:
- operate the Goods only for their intended purpose;
- ensure Safe Working Loads are not exceeded;
- train employees in the safe use of the storage system;
- report defects immediately;
- arrange repairs where required.
34. Variations, Access and Compliance
- The Customer shall pay all reasonable costs associated with Customer-requested changes to the agreed scope of work.
- The Customer shall provide safe access during normal working hours unless otherwise agreed.
- Where access is delayed or unavailable, additional charges and extensions of time may apply.
- The Customer is responsible for ensuring continued compliance with applicable legislation, Australian Standards and workplace safety requirements after Practical Completion.
34. Variations, Access and Compliance
- The Customer shall pay all reasonable costs associated with Customer-requested changes to the agreed scope of work.
- The Customer shall provide safe access during normal working hours unless otherwise agreed.
- Where access is delayed or unavailable, additional charges and extensions of time may apply.
- The Customer is responsible for ensuring continued compliance with applicable legislation, Australian Standards and workplace safety requirements after Practical Completion.
Returns and Refunds
- Gold Coast Racking will accept returns and issue refunds for faulty or damaged products. The customer must notify the business within 7 days of receiving the product and provide photographic evidence of the damage.
- Customers will receive an email confirmation upon the receipt of the returned item.
- An additional email will be sent within 12–14 business days of receipt, offering updates on the return status.
- Please allow a processing time of 7 days for the refund to be credited to the account used for the purchase.
- Consistent with Australian law, a restocking fee of 25% on the total invoiced amount may be deducted from the total refunded amount.
- Shipping charges applied to the original purchase are non-refundable.
- Damaged/lost orders undergo investigation by courier company/third-party carriers, spanning 15 business days.
- Shipping costs for returned items are non-refundable.
Warranty
- Gold Coast Racking offers a warranty on all products sold. The length of the warranty will vary depending on the product. This warranty covers only the manufacturing defects and faults and does not cover any other damage caused by misuse or improper installation of any of the product. Also, we do not take any responsibility for the wear and tear of the product in use.
Installation
- Gold Coast Racking offers installation of the products with an additional fee agreed upon in advance between the parties.
- The user must ensure that the installation site is ready and meets safety requirements.
Liability
- Gold Coast Racking is not liable for any damage or injury caused by misuse or improper installation of any of its products.
Intellectual Property
- All intellectual property rights associated with the products are held and owned by Gold Coast Racking and it doesn’t provide any rights with respect to products, promotional literature, technical documents or other information to the user.
Privacy
- The details provided by customers to Gold Coast Racking may be retained by it in the database where the customer has no right to the same.
- Gold Coast Racking may use this database for further conduct of business.
- Gold Coast Racking will not share these data to any third party without the consent of the customer.
Governing Law
- These Terms and any Agreement between the Company and the Customer are governed by the laws of Queensland, Australia.
- The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.
