Terms and Conditions

Terms of WARRANTY

Gainsborough Hardware Industries Limited ACN 004 792 269 (“Gainsborough”)

In addition to the guarantees under the Australian Consumer Law (“ACL”), Gainsborough provides consumers (ie. retail customers not trade customers) an extended warranty that all products in its product range (“Products”) will be free from defects in materials and workmanship under normal use (“Guarantee”) for the following periods of time (classified by product series and in accordance with the guarantee symbol on the Products):

 

10 year limited tarnish resistant and 10 year limited mechanical

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if within ten (10) years from the proven date of purchase it tarnishes, discolours or corrodes; or if within ten (10) years from the proven date of purchase any mechanical defects occur. Applies only when properly installed and subjected to no more than fair wear and tear. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

7 year limited tarnish resistant and 10 year limited mechanical

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if within seven (7) years from the proven date of purchase it tarnishes, discolours or corrodes; or if within ten (10) years from the proven date of purchase any mechanical defects occur. Applies only when properly installed and subjected to no more than fair wear and tear. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

5 year limited tarnish resistant and 10 year limited mechanical

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if within five (5) years from the proven date of purchase it tarnishes, discolours or corrodes; or if within ten (10) years from the proven date of purchase any mechanical defects occur. Applies only when properly installed and subjected to no more than fair wear and tear. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

2 year limited tarnish resistant and 7 year limited mechanical

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if within two (2) years from the proven date of purchase it tarnishes, discolours or corrodes; or if within seven (7) years from the proven date of purchase any mechanical defects occur. Applies only when properly installed and subjected to no more than fair wear and tear. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

2 year limited tarnish resistant and 5 year limited mechanical

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if within two (2) years from the proven date of purchase it tarnishes, discolours or corrodes; or if within five (5) years from the proven date of purchase any mechanical defects occur. Applies only when properly installed and subjected to no more than fair wear and tear. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

Lifetime Brass finish and 10 year limited mechanical

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if from the proven date of purchase it tarnishes, discolours or corrodes during the normal life of the product; or if within ten (10) years from the proven date of purchase any mechanical defects occur. Applies only when properly installed and subjected to no more than fair wear and tear. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

1 year limited electrical

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if within one (1) year from the proven date of purchase any electrical defects occur. Applies only when properly installed and subjected to no more than fair wear and tear. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

5 year limited tarnish resistant

Gainsborough Hardware Industries Limited guarantees to repair or replace this product if within five (5) years from the proven date of purchase it tarnishes, discolours or corrodes. This guarantee does not extend to labour costs, personal loss, death or injury, or economic, consequential or property damage of any kind whatsoever.

 

Exclusions

 

  1. This Guarantee only applies to defects which have arisen solely from faulty materials or workmanship in the Product and does not apply to other defects however arising, including without limitation as a result of the following:
    • accidental damage, abuse, misuse, maltreatment, abnormal stress or strain of the Products;
    • neglect of any kind in respect of the Product;
    • tarnishing and damage to or deterioration of finishes as a result of harsh or adverse conditions (including corrosive environments such as the coastal locations and large fluctuations in pressure or temperature);
    • deterioration in colour and performance of polymer materials;
    • fair wear and tear;
    • installation or maintenance of the Products not in accordance with the instructions provided with the Products
  2. Alterations to or repair of the Product other than approved by Gainsborough are not covered by this Guarantee (for the avoidance of doubt, attachment of accessories or use of non genuine replacement parts other than those manufactured or approved by Gainsborough are not covered).
  3. Costs incurred by the removal, replacement or installation of the Product are not covered by this Guarantee.
  4. ersonal injury, property damage or economic loss, howsoever caused, will not be covered by this Guarantee.

 

Australian Consumer Law

In addition to this Guarantee, certain legislation (including the ACL) may give you rights which cannot be excluded, restricted or modified. This Guarantee must be read subject to such legislation and nothing in this Guarantee has the effect of excluding, restricting or modifying those rights.

If Gainsborough fails to meet a guarantee under the ACL, your remedy for such failure may be limited to any one or more of the following at Gainborough’s discretion:

 

  • replacement of the product;
  • repair of the product;
  • refunding the cost of the product;
  • payment of reasonable costs of having the product repaired;
  • payment in respect of the reduced value of the product.

 

As required by legislation, including the ACL, any claims for damage, or any consequential loss either directly or indirectly due to defects of any kind in a product will only be met by Gainsborough where the damage or loss was reasonably foreseeable by Gainsborough.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

Guarantee Claims

Any defective product must be returned to the point of sale before replacement can be considered under the terms of this Guarantee. If the costs of returning any defective parts are excessive or unreasonable, please contact Gainsborough on 13 14 18 so that we can arrange a collection (if considered appropriate in the circumstances).

Guarantee claims can be made at the point of sale or by posting or faxing a Guarantee claim to Gainsborough (contact details listed below) within 3 months of the appearance of a defect. Guarantee claims under this Guarantee must include the following details:

 

  • Date of Purchase;
  • Location of Purchase;
  • Proof of Purchase;
  • Contact Details

 

Gainsborough’s contact details are as follows:
Address: 31-33 Alfred St Blackburn VIC 3130
Telephone: 13 14 18
Fax: 13 18 14  
Email: ghisales@gwagroup.com.au

 

Conditions of Sale

1.    Definitions

In these terms and conditions, “Gainsborough” shall mean Gainsborough Hardware Industries Limited ACN 004 792 269 and the “Customer” shall mean the person or entity purchasing Gainsborough products (“Products”) being the subject of these terms and conditions.

 

2.    General

Unless otherwise agreed in writing, these conditions shall be deemed incorporated in any order placed by the Customer and any acceptance of a Customer’s order by Gainsborough shall be deemed acceptance by the Customer of these terms. In the event of any conflict arising between these terms and any terms which the Customer may additionally seek to impose in relation to an order for Products by the Customer, then these terms shall prevail.

 

3.    Prices

The prices for the Products displayed in this price book are the recommended retail prices as at the date of this price book and are shown both exclusive and inclusive of Goods and Services Tax (“GST”). Unless Gainsborough has accepted an order by a Customer it may alter the prices for Products at any time without notice.

 

4.    GST Indemnity

4.1    Customer shall pay an amount equal to any GST payable or assessed on Products and any services supplied to it by Gainsborough.

4.2    The Customer shall indemnify Gainsborough against any:

(a)    GST payable on Products and services that Gainsborough may supply to it; and

(b)    expenses Gainsborough may reasonably incur in recovering or attempting to recover the Products or any payment which may from time to time be overdue.

 

5.    Terms of Payment

The payment terms for the Products supplied by Gainsborough are strictly nett 30 days from end of month in which Products are delivered to the Customer. Gainsborough may charge interest on overdue accounts calculated on a daily basis from the date following the payment due date to the date of payment at the per annum rate of 2% above the 90-day Bank Bill Swap Rate published by the Australian Financial Markets Association from time to time or at such other reasonable interest rate as Gainsborough may determine in its discretion.

 

6.    Retention of Title

Title of the Products supplied by Gainsborough to the Customer shall not pass to the Customer until Gainsborough has received payment in full for any and all monies owed by the Customer to Gainsborough on any and all accounts (whether or not such money is due and owing). If any payment is not received once it is due, Gainsborough may enter any premises where the goods are, or are reasonably thought to be, and repossess them. Until payment of all monies owed by the Customer to Gainsborough, the Customer holds the Products as fiduciary, bailee and agent for Gainsborough and must keep the Products physically separate from all other goods of the Customer, and clearly identified as owned by Gainsborough.

 

7.    Indemnity

7.1    The Customer must indemnify and keep Gainsborough indemnified against, and pay to Gainsborough, all expenses, losses and damages of any kind whatsoever incurred or sustained by Gainsborough as a result of, or in relation, to Gainsborough exercising its rights:

(a)    as a result of the Customer being in default under these terms and conditions or any order;

(b)    under any other term, express or implied of these terms and conditions; or

(c)    otherwise at law or in equity, and

(d)    as a result of any bank or other costs, charges or expenses incurred by Gainsborough resulting from any Customer’s cheque or other form of payment not being met on presentation or otherwise not being honoured.

 

8.    Gainsborough may sell and recover from proceeds:

8.1    Where Gainsborough takes possession of the Products as a result of the Customer being in default, Gainsborough may, should it choose to do so:

(a)    sell the Products by any means and at any time;

(b)    deduct from any proceeds of sale, all costs incurred in relation to the sale;

(c)    retain for its own use and benefit any part of the purchase price for the Products which remains outstanding; and

(d)    apply any balance to monies owed by the Customer on any account (even if not due and payable) to the extent to which Gainsborough has priority over other security interests.

8.2    Where there is a shortfall on any sale or attempted sale of the Products, Gainsborough continues to hold their security interest in the Products and may recover the shortfall from the Customer.

 

9.    Proceeds Of Sale

If the Products are resold, or goods using the Products are manufactured and resold by the Customer, the Customer holds all of the book debts owed and proceeds in respect of such sales on trust for Gainsborough and must keep such proceeds of sale in a separate account and not mix such proceeds with any other funds. Such part of the book debts and proceeds are deemed to equal in dollar terms the amount owed by the Customer to Gainsborough at the time of the receipt of such book debts and proceeds.

 

10.    Allocation Of Funds

Gainsborough may at its discretion and in such manner as it determines allocate payments made by the Customer for any Goods supplied by Gainsborough.

 

11.    Personal Property Securities Act 2009 (“PPSA”)

For the purposes of the PPSA:

11.1    Until the Customer has paid for the Products in full (whereby the Customer will obtain legal title to the relevant Products), the Customer acknowledges that Gainsborough holds a purchase money security interest in the following:

(a)    any Products supplied by Gainsborough;

(b)    any new products into which the Products supplied have been manufactured, processed, assembled or commingled such that their original identity is lost;

(c)    all proceeds in relation to the products referred to in (a) and (b) including without limitation money, accounts receivable and insurance proceeds; and

(d)    any products for which any of the products referred to in (a) and (b) have been exchanged or traded or that have been acquired in lieu of those products, as security for the price payable by the Customer to Gainsborough at any time for the Products.

 

11.2    If requested by Gainsborough, the Customer shall promptly and without undue delay execute any documents (including any new contracts), provide all information required in order to complete a Financing Statement (as defined under the PPSA) and comply with any other reasonable requests by Gainsborough to ensure that the Gainsborough’s purchase money security interest(s) and general security interest are perfected.

 

11.3    The Customer shall immediately notify Gainsborough in writing of any change in the Customer’s name and shall also provide all information required in order to complete a financing change statement.

 

11.4    The Customer waives its right to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement in relation to Gainsborough’s security interests.

 

11.5    The Customer shall be responsible for all costs, expenses and other charges incurred, expended or payable by Gainsborough in relation to the filing of a financing statement or a financing change statement.

 

11.6    The Customer waives its rights under sections 95 (notice of removal of accession) , 118 (enforcing security interests in accordance with land law decisions), 121(4) (enforcement of liquid assets), 125 (obligation to dispose of or retain collateral), 128 (secured party may dispose of collateral), 129 (disposal by purchase), 130 (notice of disposal), 132(3) (d) (contents of statement of account after disposal), 132(4) (statement of account if no disposal), 135 (notice of retention), 142 (redemption of collateral) and 143 (reinstatement of security interest) of the PPSA and the parties agree that those provisions do not apply to these terms or any supply of the Products pursuant to these terms.

 

11.7    Each party agrees that it will not disclose information of the kind referred to in section 257(1) of the PPSA and that this clause constitutes a confidentiality agreement for the purposes of section 275 of the PPSA and other provisions of the PPSA. The Customer agrees to waive any right it may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise disclosure of information of the kind referred to in section 275(1) of the PPSA.

 

12.    Orders

Any Product ordered by a Customer which is not in stock as at the date of the order will automatically be back-ordered and processed when stock becomes available, unless the Customer specifically marks the order “DO NOT BACK ORDER”. Deliveries of the Products at all times are subject to stock availability and Gainsborough will not be liable to the Customer in any way due to unavailability of Product.

 

13.    Minimum Orders

For any order placed by the Customer which is for less than $75.00 (inclusive of GST), Gainsborough will charge a $10.00 surcharge which will automatically be applied to each order (other than back orders).

 

14.    Delivery

14.1    Delivery will be to the Customer’s place of business or as nominated on an order, the Products are then at the Customer’s risk and the Customer is responsible for any loss, damage or deterioration to them

14.2    Unless otherwise agreed in writing Gainsborough reserves the right to charge the Customer the cost of transportation of the Products to the destination which appears on the Customer’s order. Gainsborough will inform the Customer of any applicable delivery costs on receipt of an order from the Customer.

14.3    Whilst every effort is made to deliver the Products on the dates or within the periods set out in an order, such dates or periods shall be deemed to be for information purposes only and shall not form part of the terms. Time is not of the essence for any delivery date. Gainsborough accepts no liability for any loss or damage of whatsoever nature and howsoever arising which may be suffered by the Customer as a result of any failure on the part of Gainsborough to deliver Products on or within such dates or periods. Without limiting the foregoing, Gainsborough may make part deliveries of any order.

 

15.    Credits/Re-stocking Fees

15.1    The Products are not supplied on a sale or return basis. Subject to these terms and any extended warranty provided by Gainsborough, once Gainsborough accepts the Customer’s order, the Customer is obliged to take the Products although title is yet to pass. No goods may be returned to Gainsborough for credit unless prior agreement has been given by Gainsborough and will only be accepted under the following conditions:

(a)    claims must be made in writing within 30 days of receipt of the Products and the original invoice number must be quoted;

(b)    freight and packaging are prepaid by the Customer;

(c)    Products are to be accompanied by an authority number provided by Gainsborough, Customer details and nature of the claim;

(d)    Products must be in as new condition and be subject to approval by Gainsborough;

(e)    credit will only be allowed on the original invoiced price less a re-stocking fee of twenty (20) percent on the value of the Products unless otherwise agreed in writing by Gainsborough;

(f)    no credit will be allowed for non-standard or specially procured Products (for example sash balances and specially keyed locks).

 

16.    Limited Warranty

16.1    Unless otherwise expressly provided in this document, Gainsborough disclaims all warranties, conditions and guarantees, whether written, express, implied, statutory or otherwise, including but not limited to, the implied warranties or guarantees of merchantability and fitness for particular purpose.

16.2    To the extent permitted by law, all implied terms, conditions, warranties and guarantees (“Conditions”) which would otherwise be implied into these terms and conditions are excluded. If any Condition is implied into these terms and conditions by legislation and cannot be excluded, and Gainsborough is able to limit the Customer’s remedy, the Gainsborough’s liability is limited to one of the following:

(a)    the replacement of the relevant Products or the supply of equivalent goods;

(b)    the repair of the relevant Products;

(c)    the payment of the costs of replacing the relevant Products, or acquiring equivalent goods; or

(d)    the payment of the costs of having the relevant Products repaired; and

(e)    Gainsborough may in its sole discretion determine which of the foregoing limits will apply in any case.

 

17.    Limitation of Liability

17.1    To the extent permitted by law, in no event will Gainsborough be liable to compensate or indemnify the Customer for any loss or damage suffered or incurred by the Customer in relation to these terms and conditions, any order, the Products, their delivery, mis-delivery or non-delivery for any incidental damages, consequential damages, special damages, punitive damages, statutory damages, indirect damages, loss of profits, loss of revenue, or loss of use, even if informed of the possibility of such damages.

17.2    To the extent permitted by law, Gainsborough’s liability for damages arising out of or related to these terms and conditions shall in no case exceed the amount actually paid to Gainsborough for the Products from which the claim arose. To the extent permitted by applicable law, these limitations and exclusions will apply regardless of whether liability arises from breach of contract, warranty, tort (including but not limited to negligence), by operation of law, or otherwise.

 

18.    Resale

The Customer, its employees or agents must not make any statement, representation, undertaking, warranty or guarantee concerning the quality, description or any other aspect of any Product other than those contained in literature published by Gainsborough or expressed or implied by law. The Customer may not alter the packaging or branding of any Products without Gainsborough’s prior written consent.

 

19.    Electroplated and Coated Finishes

Every effort is made to use the most durable coatings to the metal surface of Gainsborough’s Products, however over a period of time deterioration may take place due to climate, frequent usage, perspiration, acids, exposure to weather or other factors. Such deterioration is not a defect but a normal process which is unavoidable, and as such, Products cannot be unconditionally warranted, nor automatically replaced.

 

20.    Product Development

Gainsborough’s policy is one of continuous product improvement, therefore changes to specifications of the Products in this price book may be made at any time without notice and Gainsborough will not be liable to the Customer for any such changes.

 

21.    Governing Law

The laws of Victoria govern these conditions of sale.