General Terms & Conditions

1 DICTIONARY

Agreement means these terms and conditions and the credit application (where applicable).

Seller means Global Access.

Buyer means the purchaser of the product manufactured or services rendered by Global Access, of which can only be a trade customer (dealer).

PaymentSchedule means the amounts agreed to on the quotation or otherwise agreed to in writing.

Product means the products and/or services to be supplied by Global Access described on the quotation to the buyer.

2 THE PRODUCT

Global Access agrees to provide the product and/or services and the buyer must pay the total contract price for the product.

3 TERMS AND CONDITIONS

This agreement does NOT constitute the whole agreement between the parties. The full Terms and Conditions can be provided upon request, or alternatively can be found when logged into the Client Area of the Website (there are available only to clients with approved access)

4 PAYMENT BY THE BUYER

The Buyer must pay the total contract price plus the GST in the manner set out in the payment schedule. Global Access must send the buyer an invoice for the balance of the total contract price on delivery of the product and the buyer must pay the amount in accordance.

5 TIME FOR DELIVERY OR INSTALLATION

Any dates given by Global Access for delivery or installation are estimates only. If Global Access is unable to deliver by the given date, Global Access is not liable for any loss or damage arising out of the delay.

6 RETURNS & REPAIRS

This clause operates without prejudice to any other clause in this agreement, and in addition to any warranties provided in Clause 10, and is only available to our dealer network, not end-user buyers.

6.1 Dealers (Buyers) may notify Global Access of defects if the end-user regards the product as defective, the dealer only may make a complaint: (a) by notifying Global Access in writing no later than 7 days after delivery or installation of the product, and (b) providing the original of this agreement to Global Access and (c) providing proof of purchase by attaching an invoice.

6.2 Global Access must examine the notified defects within 30 days from the date of receipt of the complaint. If Global Access confirms that the product is defective, then Global Access may repair or replace the defective part or the entire product at its own discretion. Replacement any defective product or parts thereof for a period of two years from the date of installation for motors, or 12 months for Gate Hardware. The Dealer (Buyer) must pay for any service call made by Global Access when, in the reasonable opinion of Global Access deem the call is made for the purpose of adjustment and not for the purpose of repairing a defect under Warranty.

7 TITLE

Title in the product shall pass to the Buyer (dealer) upon payment for the product in full.

8 WARRANTY

Subject to statutory warranties Global Access warrants that new product will be free from defects, from the date of purchase, for periods as specified below, in conjunction with terms outlined in points 9 - 12:

FAAC Motors (Operators):

Subject to statutory warranties Global Access warrants that new product will be free from defects, from the date of purchase, for periods as specified below:FAAC warrants and guarantees to the buyer (end-user) that all new Products shall be free under normal use and service from manufacturing defects for a period of 24 months from the date of installation of the Products or 30 months from the manufacturing date (as shown on the tag plate of each Product), when available (the "Warranty Period").

The buyer acknowledges and agrees that FAAC's warranty is expressly limited to manufacturing defects and that said warranty shall not extend to any damage to the products resulting from other causes, including, without limitation, misuse, transportation or faulty installation thereof, the maximum liability of FAAC to the buyer or to any other person or entity, arising out of or in connection with the products and based on a claim of breach or repudiation of warranty, shall in no case exceed the price paid to FAAC for the product(s) in question.

Should FAAC be in breach of its representation and warranty, FAAC's entire liability and the buyer's exclusive remedy shall be, the repair or replacement of the defective part Product free of charge, at FAAC's own workshop. The buyer shall send, free of charge, the part to be repaired or replaced and FAAC shall examine said part to determine whether it is defective and whetl1er the manufacturer is responsible for the defect; in which case only FAAC shall repair or replace the part, in its sole discretion, and shall send the repaired or replacement part to the buyer, who shall bear the cost of transportation only. Any Products which may have been returned without FAAC's authorization shall not entitle the Buyer to any credit notes nor reimbursement. In any event any and or risk and expenses relating to the return of the Products shall be born exclusively by the Buyer.

Any claims relating to the detects must be sent to FAAC by registered letter with return receipt requested within eight day following the date of delivery in the case of patent defects and eight days following the date of discovery in the case of latent defects and in any event, within the Warranty Period failing which the Buyer shall lose all right to bring any claim in relations the thereto. The non-consumer purchaser waives its right of recourse against FAAC. Any and all further or other warranties, be they expressed or implied including without limitation, any warranties provided by law shall be deemed excluded and superseded by these conditions. FAAC further disclaims all expressed, statutory or implied warranties applicable to Products and accessories which are not manufactured by it.

FAAC Control Boards:

All FAAC Control Boards are covered by a 24 month limited warranty.

The buyer acknowledges and agrees that FAAC's warranty is expressly limited to manufacturing defects and that said warranty shall not extend to any damage to the products resulting from other causes, including, without limitation, misuse, transportation or faulty installation thereof, the maximum liability of FAAC to the buyer or to any other person or entity, arising out of or in connection with the products and based on a claim of breach or repudiation of warranty, shall in no case exceed the price paid to FAAC for the product(s) in question.

The warranty excludes any damage cause by water damage, insect damage, incorrect installation or wiring.

FAAC Accessories:

All FAAC Accessories are covered by a 12 months limited warranty.

The buyer acknowledges and agrees that FAAC's warranty is expressly limited to manufacturing defects and that said warranty shall not extend to any damage to the products resulting from other causes, including, without limitation, misuse, transportation or faulty installation thereof, the maximum liability of FAAC to the buyer or to any other person or entity, arising out of or in connection with the products and based on a claim of breach or repudiation of warranty, shall in no case exceed the price paid to FAAC for the product(s) in question.

Warranty excludes any damage cause by water damage, insect damage, incorrect installation or wiring.

GENIUS Motors (Operators) and Control Boards:

FAAC warrants and guarantees to the buyer (end-user) that all new GENIUS Motors shall be free under normal use and service from manufacturing defects for a period of 12 months from the date of installation of the Products or 30 months from the manufacturing date (as shown on the tag plate of each Product), when available (the "Warranty Period").

All GENIUS Control Boards are covered by a 12 months limited warranty, warranty excludes any damage cause by water damage, insect damage, incorrect installation or wiring.

PRO SERIES Motors (Operators):

Global Access warrants and guarantees to the buyer (end-user) that all new PRO SERIES Motors shall be free under normal use and service from manufacturing defects for a period of 24 months from the date of sale of the Products from global access to the re-seller (the "Warranty Period").

All PRO SERIES inverters are covered by a 12 months limited warranty, warranty excludes any damage cause by (but not limited to) water damage, insect damage, incorrect installation or wiring.

Other Motors (Operators) and Accessories:

All other Motors and Accessories are covered by a 12 months limited warranty, warranty excludes any damage cause by water damage, insect damage, incorrect installation or wiring.

9 CONDITIONS OF WARRANTY

(a) Correct Use: The warranties only apply to a unit used by the Buyer correctly and reasonably and the product is maintained and serviced by the buyer as recommended by Global Access
(b) Follow Instructions: The warranties only apply if the Buyer observes instructions or directions provided with the product.
(c) Reasonable Repairs: The warranties only cover replacement or repairs in a manner Global Access considers reasonable, as outlined above.
(d) Proven Defects: The warranties only apply to repairs of proven defects in materials and workmanship (manufacturing defects).
(e) Proof of Purchase date: The buyer must establish to the reasonable satisfaction of Global Access, the date of purchase and/or installation (as the case may be).
(f) Environmental Conditions: The warranties do not cover damage caused by proximity to the seafront, or similar corrosive conditions, nor do they cover insect or water damage.
(g) Events Beyond the Control of Global Access: The warranties do not cover defects in or malfunction of a product due to an event or acts beyond the control of Global Access.
(h) Model Modifications: The warranties do not require Global Access to incorporate any modifications made to existing or future models of the product in products sold under these warranties.
(i) Labour and Materials: The warranty covers only the cost of faulty component(s), NO labour is covered for time involved in replacing/repairing the faulty component(s). No additional labour or installation costs are covered.

10 LIMITATION OF GLOBAL ACCESS OBLIGATIONS

Global Access obligations under these warranties are limited to those outlined in there mentioned Terms and Conditions.

11 APPLICATION OF WARRANTIES

The warranties above or any terms and conditions of this agreement shall only be applied to the extent permitted by the provisions of the Competition and Consumer Act 2010, or any terms and conditions or warranties expressed or implied by any relevant state act or territorial ordinance or by the general law.

12 JURISDICTION

The agreement for the supply of the product by Global Access to the dealer shall be governed by the laws of the state of Victoria (Australia), the location in which Global Access operate their business from.


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