TERMS OF SALE
1. The Goods sold by the SELLER are sold on these terms and conditions (“Terms”)
2. SELLER agrees to sell and BUYER agrees to buy the goods as described in this document, with all faults. No warranty included.
3. The BUYER agrees to pay the SELLER the specified price and related charges (“Purchase Price”) of the goods before delivery of the goods.
4. The SELLER reserves the right to require the payment of a deposit from the BUYER
5. BUYER acknowledges and agrees that it:
(a) has the opportunity to inspect the goods prior to or upon their delivery; and
(b) accepts the goods in the state in which they are supplied;
6. Any/all modifications work is guaranteed for thirty (30) days from delivery. NOTE: Guarantee is void if any changes are made to modifications during this period.
7. Unless otherwise stated, working drawings, permits and/or Council approval requirements are the responsibility of the BUYER.
8. All warranty for any/all parts supplied by GTS Container Sales & Modifications is in accordance with the Manufacturer’s terms and conditions.
9. SELLER offer’s seven (7) day(s) free storage of sold units to BUYER from invoice date. Unless previously arranged, a storage fee of $11 inc GST per Calendar Day will apply thereafter for undelivered/uncollected units. Payment of fee will be required in full prior to order release.
(a) The cost of delivery of the Goods is at the BUYER’s expense, even if that cost has been omitted from any invoice or quote;
(b) Please plan for your delivery well in advance. A demurrage fee may be charged by driver (in addition to above transport charges) for any significant delays or difficult site access;
(c) Transport cancellation fees may apply if cancellation is requested within 24hours of booked day: 50% of transport rate;
(d) Where delivery cannot be made due to inclemental weather / unsatisfactory ground conditions and/or failures by reason of BUYER’s acts or omissions, driver will make drop as close to designated area as possible, alternatively, a second delivery can be organised (additional charges will apply);
(e) Any / All Transport Salvage fees will be on-charged to the BUYER;
(f) Insurance for goods transit between pickup location and the BUYER’s intended destination is the responsibility of the BUYER. The SELLER is not responsible or liable to the BUYER for any loss or damage to goods in transit caused by any event or by any person;
(g) Where the SELLER or its subcontractors or Carriers provide carriage for the BUYER, then the SELLER, its subcontractors or Carriers are not common carriers and accept no liability as such;
(h) Delivery of the Goods is performed at the BUYER’S risk and the BUYER bears all risk of loss or damage to or arising out of the delivery of the Goods or their contents;
(i) In the event that the SELLER, its subcontractors, or Carriers are unable to deliver the Goods on the Date for Delivery, then the SELLER will notify the BUYER as soon as practicable. The SELLER will then arrange with the BUYER an alternative Date for Delivery;
(j) The SELLER accepts no liability for any loss or damage caused by the failure to deliver the Goods, or a delay in the delivery of the Goods, due to circumstances outside its control.
(a) Transport Company may need a containerchain account to pick up units coming from depots using the containerchain booking system. If you require GTS Container Sales & Modifications to make a booking on your behalf, there will be a charge of $22 inc GST per container / slot will apply, which needs to be added to your invoice at the time of order.
12. Should you change your mind or delivery is unsuccessful due to site limitations, refunds will be made at the discretion of GTS Container Sales & Modifications (delivery fees will NOT be refunded if delivery has been attempted.) A refund will be provided after the product has:
(a) been returned;
(b) been inspected; and
(c) upon approving a refund, refunded by the same means used to pay for the goods
13. For goods not in stock at time of order, and ordered specifically to fulfill a BUYER’s request, no refunds will be provided.
14. For goods that are modified to the specific requirements of the BUYER, no refunds will be provided.
15. Should you alter or make changes to the goods after delivery and it is no longer in the same condition as originally purchased (i.e perform your own modifications such as paint; wall cutouts etc) no refunds will be provided.
16. Any damage done to the product upon its return will be the sole responsibility of the BUYER and they will be liable for all repairs to the product to return it to its original condition. If the cost of repairs surpasses the manufacturing cost to create the item, the BUYER will no longer be entitled to any refund.
17. BUYER must provide proof of purchase and evidence of fault with the goods if they wish to make a claim for a refund, repair or replacement.
18. Except for any provisions to the contrary contained in these Terms, the SELLER is not under any duty to accept Goods returned by the BUYER. The SELLER will do so only on terms to be agreed in writing in each individual case.
19. If the SELLER agrees to accept returned Goods from the BUYER pursuant to clause 18 of these Terms, then the BUYER must return the Goods to the SELLER’s nominated address, at the BUYER’s cost.
20. If payment is made by credit card a 1.79% fee is applied to the total order (Visa/Mastercard only)
21. Title to the Container/s shall pass to BUYER on SELLERS’s receipt of BUYER’s payment in full and reserves the following rights in relation to the goods until all amounts owed by the BUYER to the SELLER are paid in full:
(a) ownership of the Goods;
(b) To enter into the BUYER’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
(c) Subject to, and in accordance with, the Personal Property Securities Act 2009, to keep or resell any Goods repossessed pursuant to clause 21 (b) of these Terms.
22. Risk in the goods passes to the BUYER on delivery of the goods to the BUYER
23. The SELLER may terminate this agreement in the event that the BUYER fails to pay the full amount of the Purchase Price
24. If at any time prior to payment in full of the Purchase Price, the BUYER becomes bankrupt or insolvent, has a liquidator, administrator, receiver and manager, controller or other like officer appointed over any or all of the BUYER’s assets, then the SELLER is permitted to do any of the following:
(a) terminate this agreement;
(b) Declare the balance of any Purchase Price or Overdue Amount immediately payable; and
(c) Retake possession of the Goods
25. The SELLER may terminate this agreement in the event the BUYER fails to pay the full amount of the Purchase Price
26. If the SELLER terminates this agreement for the sale of the Goods, then the BUYER:
(a) will no longer be entitled to possession of the Goods and the BUYER must immediately return the Goods to the SELLER at the BUYER’s expense.
(b) must not attempt or purport to, sell, hire, lease, encumber, grant any right or interest (of any nature) in or over the Goods
27. If the SELLER is entitled to retake possession of the Goods, then the BUYER hereby irrevocably authorises the SELLER and / or a representative acting on behalf of the SELLER, to enter upon any premises where the Goods are located, and to use such reasonable force as may be necessary, for the purpose of removal of any Goods and to do so at the BUYER’s expense.
28. The BUYER may terminate this agreement by written notice if:
(a) The SELLER is in breach of this agreement or these Terms and the breach is not remedied within seven (7) business days of written notice being received by the SELLER requiring the breach to be remedied; or
(b) The SELLER ceases doing business or a liquidator, administrator, receiver and manager, controller or other like officer is appointed over any or all of our assets.
29. The BUYER shall be responsible for neutralising the container by removing all ex-owner decals and prefix of container number including CSC place at their own expense.
30. The BUYER indemnifies and holds the SELLER harmless from all loss; liability, damage, cost or expense (“Loss”) arising out of any:
(a) Failure by the BUYER to comply with its obligations under these Terms;
(b) Any claim for personal injury or death, and for loss of or damage to person or property, arising out of or incidental to the possession, hire, operation, control, use, storage, contents (including dangerous goods), delivery or return of the goods; and
(c) Any forfeiture, seizure, or impounding of, or claim of charge, lien or encumbrance on the Goods, but only to the extent that we did not cause or contribute to the loss.
31. This indemnity survives the termination of this agreement and these Terms.
32. These Terms are binding upon the SELLER and BUYER and each of their successors and assigns.
33. This contract and the terms thereof shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. SELLER and BUYER each hereby agree that (i) any claim or controversy, directly or indirectly arising out of or relating to this contract, may be litigated in the courts of the State of Victoria and (ii) consent to be subject of the jurisdiction of such courts.
34. It is understood that this contract embodies the complete understanding of BUYER and SELLER relative to the sale of the containers and that the terms and conditions of this contract may not be revised or modified in any way except by a written instruction specifically purporting to do so, signed by both BUYER and SELLER. These Terms override and exclude any terms and conditions provided by the BUYER.
35. A failure to exercise or delay in exercising any right, power or remedy by either party does not operate as a waiver.
36. The rights under these terms and conditions, are in addition to all other rights and remedies in respect of this product to which you are entitled under the Competition and Consumer Act 2010 (Cth).
37. Should it be necessary for the SELLER to incur legal and/or other expenses (including commercial agent and private enquiry fees) in enforcement of its rights under these Terms or in obtaining or attempting to obtain payment of any amount due by the BUYER, the BUYER undertakes to reimburse the company on an indemnity basis the whole amount of such expenses and fees.
LAY-BY TERMS AND CONDITIONS
TERM: Layby is available on a twelve (12) week term and must be paid in full
COLLECTION / DELIVERY DATE: Laybys must be either collected (if a pickup is requested) or delivered within five (5) business days by the finalisation date on the invoice
MINIMUM VALUE: Layby is available on purchases of $1500.00 or more
DEPOSIT: A minimum of 10% deposit of the total invoice of the layby is required on order
SERVICE FEE: A $27.50 non-refundable service fee will be charged for each new layby
PAYMENTS: Regular fortnightly payments must be made. Payment may be made via direct deposit via internet bank transfer or at any National Australia Bank. Alternatively, we also accept payment via credit card VISA / Mastercard (1.79% fee)
CANCELLATION: A termination fee of $148.50 inc GST will apply should the customer wish to cancel the layby once a deposit has been received. Failure to make payment when they are due and/or failure to pay for goods in full by the finalisation date, will also be treated as cancellation of the layby by the customer. In these instances, the customer will be entitled to a refund of the monies paid, less the termination fee of $148.50 inc GST plus the non-refundable $27.50 service fee already paid. GTS Container Sales is not required to contact you before cancelling a layby for non-payment. Customers will need to contact GTS Container Sales & Modifications direct in order to cancel and refund their layby.
COLLECTION / DELIVERY DELAYS: Failure to either collect or deliver goods within five (5) business days of layby finalisation date, (with the exception of where the delay is due to GTS Container Sales delivery schedule,) will be subject to a storage fee of $3.30 inc GST per calendar day thereafter. All fees will be required to be paid prior to container release/delivery.
EXCLUSIONS: Layby is not available on containers with modifications; clearance; specials and/or promotional products.
NON-MODIFICATIONS: Individual items may not be added, removed or separated from a layby
TENDER: Any refunds for layby payments will be refunded via bank transfer/direct deposit only to the original owner of the layby as listed on the invoice.
PRIVACY: Information collected for a layby transaction will be used for the purpose of processing your layby.
Information collected for a layby transaction will be used for the purposes of contacting you regarding our policies and procedures that may affect you.
For information regarding what personal information is held in relation to your layby, please contact us on 0435 487 276.
YOU CAN LAY-BY PURCHASES OF$1500 OR MORE AND SPREAD THE PAYMENT OVER A NUMBER OF WEEKS. To establish a lay-by, you must pay a 10% deposit and a $27.50 non-refundable service fee. Lay-bys are available for up to twelve (12) weeks and regular fortnightly repayments must be made.
WHERE CAN I MAKE PAYMENS? Payments can be made via direct deposit via internet bank transfer or at any National Australia Bank. We also accept VISA / Mastercard (1.79% fee)
WHAT PRODUCTS CANNOT BE PURCHASED ON LAYBY? Layby is not available on containers with modifications, clearance, specials and/or promotional products.
CAN I ADD PRODUCTS TO MY LAYBY? Once a layby has been established and a deposit has been received. You will not be able to add additional products/items to your layby. A new layby agreement will need to be established.
WHEN CAN I COLLECT/ORGANISE DELIVERY OF MY PURCHASE? You can collect your purchase/s as soon as you have paid in full for the layby. Purchases must be either collected or delivered within five (5) business days of the layby finalisation date identified on your invoice.
CAN I CANCEL MY LAYBY? Laybys may be cancelled by you at any time during the term, in which case you will be entitles to a refund of the amount you have paid, less a termination fee of $148.50 inc GST (which is in addition to the $27.50 non-refundable service fee). Refunds will be made via direct deposit to the buyer listed on the invoice only.
WHAT IF I DON’T MAKE REGULAR PAYMENTS OR CAN’T PAY IN FULL BY THE DUE DATE? It is your responsibility to make regular layby repayments and ensure full payment has been made by the finalisation date. Failure to make regular payments when they are due and/or failure to finalise the purchase by the due date, will be treated as cancellation of the layby. GTS Container Sales is not required to contact you before cancelling a layby for non-payment. If your layby is cancelled, you will entitled to a refund of the amount you have paid, less a termination fee of $148.50 inc GST plus the $27.50 non-refundable service fee.
WHAT IF I CAN’T COLLECT OR ACCEPT DELIVERY BY FINALISATION DATE? Should you fail to collect your container/s or are unable to accept delivery within five (5) business days after the finalise date, a storage fee of $3.30 inc GST per calendar day will apply. All fees will be required to be paid in full before container release/delivery.
You can use this service without telling us who you are or revealing other Personal Information. If you send us a contact or feedback form you do not need to identify yourself or use your real name.
If you contact us we will collect the email address you nominate and any other identifying information you provide, such as a name or phone number.
Please do not give us other personal or sensitive information.
Other than circumstances such as unlawful activity or serious threats to health and safety, we do not share Personal Information with other agencies and / or services (without your express permission). You may opt out of further contact from us at any time.
HOW WE DEAL WITH COMPLAINTS AND REQUESTS
You may request access to Personal Information about you that we hold and you may ask us to correct your Personal Information if you find that it is not accurate, up-to-date or complete. You may also make a complaint about our handling of your Personal Information.
To protect your privacy and the privacy of others, we will need evidence of your identity before we can grant you access to information about you or change it.
You can contact us by email or send your request or complaint to the postal address below. We undertake to respond within thirty (30) days. If the request or complaint will take longer to resolve, we will provide you with a date by which we expect to respond.
HOW WE PROTECT YOUR PERSONAL INFORMATION
To help protect the privacy of data and personal information we collect and hold, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. Access to your Personal Information is restricted to employees who need it to provide benefits or services to you.
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