Effective date: 3/11/2025
1. Definitions and Interpretation
In these Terms and Conditions:
- “we”, “us”, “our” means Gold Star Garage Doors (ABN: [insert if applicable]) operating in Melbourne, Australia.
- “you”, “your” means the customer or client who engages us to provide goods and/or services.
- “Services” means any garage door installation, repair, maintenance, upgrade or related service we provide.
- “Goods” means any products (garage doors, openers, hardware, accessories) we supply as part of or in connection with the Services.
- “Contract” means these Terms and Conditions together with any quote or estimate we provide and your acceptance of that quote or estimate.
- “Quote” means the written estimate we provide to you detailing the Services and/or Goods, scope, price, timeline and other key terms.
2. Application of Terms
2.1 These Terms and Conditions apply to all Contracts for the supply of Goods and/or Services by us to you, to the exclusion of all other terms and conditions (whether written, oral or implied) unless expressly agreed in writing by us.
2.2 The Contract is formed when:
- we provide you a Quote; and
- you accept the Quote (in writing, email or other agreed means); and
- you pay any required deposit (if specified).
2.3 You acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.
3. Scope of Goods & Services
3.1 We will supply the Goods and/or perform the Services as described in the Quote.
3.2 You must provide accurate information about your property, existing door/opening conditions, access, power supply and any other relevant details required for the job.
3.3 We reserve the right to adjust the Quote or additional costs may apply if:
- your property or site conditions differ materially from the information provided; or
- you request changes or variations after acceptance; or
- unforeseeable issues arise (for example structural defects, non-compliant wiring, hidden damage).
3.4 We will perform the Services with due care and skill, and in accordance with industry standards and applicable laws. However, we do not guarantee the performance or longevity of Goods beyond manufacturer warranties (except as required by law).
4. Quotations, Pricing & Payment
4.1 All Quotes are valid for [e.g., 30] days unless otherwise stated.
4.2 The Quote will specify the total price, deposit (if any), payment schedule, and any excluded items.
4.3 A deposit of [insert % or amount] may be required prior to commencement of work. Final payment is due within [insert number] days of completion unless otherwise agreed.
4.4 If the Customer fails to pay by the due date, we may:
- charge interest on overdue amounts at [insert interest rate] per annum; and/or
- suspend or cease work until payment is made.
4.5 All prices quoted are in Australian dollars and include GST if applicable. Additional costs (like council permits, engineering, structural works) are not included unless stated.
5. Delivery & Installation
5.1 We will endeavour to meet any estimated completion/installation date specified in the Quote, but time is not of the essence unless expressly stated.
5.2 We are not liable for delays caused by unforeseen events, supply shortages, weather, site access issues or other factors beyond our control.
5.3 You must ensure safe and clear access to the site, provide power as required, move vehicles or obstructions and obtain any required approvals or permits before work commences.
5.4 Risk in the Goods passes to you upon installation or delivery to site (whichever occurs first). Title remains with us until full payment is received.
6. Warranty, Guarantees & Consumer Rights
6.1 In addition to any manufacturer’s warranty, we warrant that the Services will be carried out with due care and skill and the Goods will be of acceptable quality for their purpose.
6.2 Your statutory rights under the Australian Consumer Law (ACL) are not excluded or limited by these Terms. Under the ACL, you may be entitled to a repair, replacement or refund if Goods or Services fail to meet consumer guarantees. business.gov.au+1
6.3 Where applicable, any warranty claims must be made in writing within [insert period] from completion of the Services.
6.4 Except to the extent required by law, we exclude all other warranties, conditions or guarantees (express or implied).
7. Variations & Additional Work
7.1 If you request changes or variations after acceptance of the Quote (for example change of material, colour, size, additional features), we will provide a variation quote detailing additional cost and timeline. Work will only proceed after your written approval of the variation.
7.2 Additional work due to defective, non-compliant or unsafe existing components not covered in the original Quote may incur extra cost. We will notify you of such issues before proceeding where practicable.
8. Cancellation & Termination
8.1 You may cancel the Contract before installation begins by giving written notice. Cancellation may incur a cancellation fee (for example to cover incurred costs, materials ordered, labour). We will specify the cancellation fee in the Quote or variation if applicable.
8.2 We may suspend or terminate the Contract if:
- you fail to make payments when due; or
- you hinder our ability to perform (for example site access issues); or
- you breach these Terms and fail to remedy that breach within [insert days] days of written notice.
8.3 On termination, you must pay for all Goods supplied and work performed up to the date of termination.
9. Limitation of Liability
9.1 To the extent permitted by law, our liability for breach of consumer guarantees that cannot be excluded is limited at our option to:
- supplying the Services again; or
- supplying equivalent Goods; or
- refunding the price paid for the Goods or Services.
9.2 Except as above, we exclude all liability (whether in contract, tort, statute or otherwise) for: - indirect or consequential loss or damage; or
- loss of profits, revenue, goodwill, data or business interruption; or
- any liability arising from your failure to comply with your obligations under this Contract.
9.3 Nothing in these Terms affects non-excludable rights under the ACL.
10. Dispute Resolution
10.1 If a dispute arises out of or in connection with this Contract, you and we agree to attempt to resolve it by negotiation in good faith.
10.2 If unresolved within [insert period] days, the dispute may be referred to mediation or another alternative dispute resolution process before either party pursues legal proceedings.
10.3 Any legal proceedings will be conducted in the courts of the state of Victoria, Australia.
11. Intellectual Property
11.1 All intellectual property rights in materials provided by us (including documentation, drawings, images, software) remain our property unless otherwise agreed in writing.
11.2 You must not reproduce, modify or distribute any of our proprietary materials without our prior written consent.
12. Privacy & Data Protection
By entering into this Contract you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, which can be found on our website.
13. Force Majeure
We are not liable for any delay or failure to perform our obligations due to causes beyond our reasonable control (including fire, storm, flood, supply chain delays, strikes, pandemic, acts of government).
14. Changes to Terms & Conditions
We may update or change these Terms and Conditions from time to time. The version published on our website at the time you accept the Quote will apply to your Contract. We will notify you of any significant changes (for example via email) where appropriate.
15. General
15.1 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15.2 These Terms represent the entire agreement between you and us in respect of the supply of Goods and/or Services and supersede all prior negotiations, representations or understandings.
15.3 You must not assign or transfer your rights or obligations under this Contract without our prior written consent. We may assign or transfer our rights or obligations to a suitably qualified third-party.
15.4 The laws of the state of Victoria govern this Contract. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
16. Contact Us
Gold Star Garage Doors Pty Ltd
Phone: 1300 022 244
Email: contact@goldstargaragedoors.com.au
Address: Melbourne, VIC