Terms & Conditions

GMF 4x4 WEBSITE CONDITIONS OF USE

Note: A bar order cannot be completed by website alone, due to custom requirements and options.
 

This statement needs to be read together with the Shipping and Returns and the legal privacy statement, which are also on this site.

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General

The Website is a service provided by us for the following purposes:

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• This website at www.gmf4x4.au (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from GMF4X4.

• Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

• Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

• All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.

• You agree by using this site and or purchasing any of our items, not to copy or to allow to be copied any GMF4x4 items sold on the website.

• You also agree not to facilitate or sell any copied or GMF4X4 look alike items.

  • You agree to recompense GMF4X4 for any breaches and agree to requesting the Australian tax office to audit your finances, to determine sales, for compensation calculations.

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Intellectual Property Protection

• You: 

  • acknowledge that the copyright in the Site, the software, design, text, and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;

  • must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

  • must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

• You may 

  • store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and

  • print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

• This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.

• All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.

• You agree by using this site and or purchasing any of our items, not to copy or to allow to be copied any GMF4x4 items sold on the website.

• You also agree not to facilitate or sell any copied or GMF4X4 look alike items.

  • You agree to recompense GMF4X4 for any breaches and agree to requesting the Australian tax office to audit your finances, to determine sales, for compensation calculations.

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Disclaimer

• The information contained in this Site is provided in good faith on an “as is'' basis. GMF4X4 does not represent or warrant the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, GMF4X4 is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, GMF4X4 will Endeavor to correct any inaccuracies in the Site once GMF4X4 becomes aware of them.

• Illustrations and photos contained in this Site are sample representations of the Products advertised, and variations may occur from time to time.

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Viruses

• GMF4X4 does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.

• You are responsible for scanning any information for viruses.

• You agree that GM4X4 has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

• If GMF4X4 is found to be liable this will be limited to the cost of supplying the information again.

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Compliance with these Terms and Conditions

You agree to bound by and comply with, these terms and conditions by:

• using the Site;

• completing your registration through the Site; and/or

• obtaining or ordering Products from us using the Site or directly by phone.

Changes to these Terms and Conditions

• If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order.

• Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site or talking to us by phone , after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

GMF4x4 makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than GMF4x4 which are or may become linked or framed to or from the GMF4x4 Website.

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Use of Information

If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the GMF4x4 Website, you agree that such Content will be available to GMF4x4 to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or

• infringes the intellectual or other proprietary interests of third parties; or

• impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products, and services and any other products or services GMF4x4 considers to be inappropriate; or

• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the GMF4x4 Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the GMF4x4 Website or otherwise breaches or encourages other users to breach these terms of use; or

• violates any law, statute or regulation; or

• forges information to disguise the origin of any Content; and

• encourages or incites any other Customer to engage in any of the above behaviors.

You agree to grant GMF4x4 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favor.

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Limitation of Liability

You agree that GMF4x4 is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the GMF4x4 Website, the use by GMF4x4 of information provided by you to GMF4x4 through the GMF4x4 Website or any such loss or damage which may arise should you be unable to access the GMF4x4 Website, for whatever reason and however arising, including negligence.

To the extent that GMF4x4 is able to limit the remedies available under these conditions of use, GMF4x4 expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at GMF4x4 sole discretion):

• in the case of goods, any one or more of the following:

• the replacement of the goods or supply of equivalent goods;

• the repair of the goods;

• the payment of the costs of replacing the goods or of acquiring equivalent goods; or

• the payment of the costs of having the goods repaired; and

• in the case of services:

• supply of the services again; or

• the payment of the cost of having the services supplied again.

You indemnify GMF4x4 against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

• your breach or non-observance of any term of these conditions of use; or

• any breach or inaccuracy in any of your representations or warranties.

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Breach and termination

If you breach any provision of these terms of use GMF4x4 may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the GMF4x4 Website. In any event, GMF4x4 may terminate these terms of use (and your right to use the GMF4x4 Website) at any time and for any reason without prior notice to you.

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No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and GMF4x4 by these terms of use.

Contact us: sales@gmf4x4.au

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Transport of goods and liability for damages.

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Whilst we and our suppliers take care to ensure goods are dispatched with care, accidental damage can occasionally occur. In these instances, it is essential that you the customer record as much information as possible support your claim against the shipping agency used. For instance we require photos taken Externally and Internally of packaging and of the product showing the damage. This needs to reach us within 8 hours of delivery.

(Third-party transport companies will be involved and will require this evidence)

Please take pictures of the packaging, the damage etc to  Make the claim

In case your item is damaged in transit:

Mandatory Procedure to make an Insurance claim from TNT or other Delivery /  Couriers, who are used by GMF4x4.

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Failure to follow this procedure will make the insurance for damage, null and void

and releases GMF4x4 from any responsibility.

1. You must inspect the packaging for damage on arrival. (if possible show the damage to the delivery driver and before your signature write “ Damaged on arrival” followed by your signature, so they can’t cut the comment off accidentally. You can only expect the driver to wait whilst you do the external check.

2. Notify us and the driver only. HOLD ONTO THE ITEMS

3. You must notify GMF4x4 within 8 hours of the delivery by TNT and others if there is damage.

4. By email, TNT and others, won’t accept phone calls or delays.

5. You must take photos of outside of packaging and inside of the packaging, showing damage. (The shipping carton and inner packaging/wrapping before opening the package and after opening).

6. Take photos of the damage from several angles so TNT and others can accurately assess.

7. You must keep the packaging until the claim is satisfied by TNT and others. This is usually after a visit and inspection by an Insurance assessor for your area.

Do not reject the consignment there and then.

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Registration

• You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.

• If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

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Placing an Order for Products

• You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

• Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

• We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

• You agree to provide us with current, complete and accurate details when asked to do so by the Site.

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Acceptance or Rejection of an Order

• We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available if there is an error in the price or the product description posted on the Site or in your order.

• Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

• If we reject an order placed through the Site, then we will Endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

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Cancelling an Order by Us

• Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if: 

  • the requested Products in that order are not available; or

  • there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or

  • that order has been placed in breach of these terms and conditions.

  • The order has been completed and two months have elapsed since the order deposit was paid, with no final payment made. In this case, the deposit will be forfeited and the items considered abandoned and sold to recover our costs.

• If we do so, then we will Endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

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Cancelling an Order by You

• Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, with only the loss of the original deposit.

• If you do, then you must provide us notice and proof (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.

Delivery of Products

Please allow at least Thirty-one (31) working days for delivery from the payment being received for your order. Delivery time is subject to stock availability, this period may be extended by us and we will endeavour to provide you with reasonable notice of that extension.

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Prices, Fees and Charges

• Prices 

  • The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, GMF4X4 reserves the right to change prices at any time before we accept an order from you. (due to lack of notice by transport companies and others).

  • All prices shown on this Site are in Australian Dollars (AUD).

  • We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable): 

    • the purchase price of each Product that is ordered;

    • the delivery fee for delivering the Products to you; and

    • any other fees and charges set out in these terms and conditions, including GST to be added to our price

  • All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).

• Price 

  • The purchase price of each Product is shown on the product list on the Site at the time you place your order. GST has to be added to this price.

• Delivery Fees 

  • Delivery fee are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.

  • If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.

  • GMF4X4 ships orders Worldwide. Overseas orders must be confirmed and negotiated via email in addition to the use of this site.

  • You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for: 

    • special, non-stock and/or bespoke items;

    • heavy, bulky and/or awkward items;

    • express or urgent deliveries; or

    • bulk or large quantity orders.

    • Overseas orders, primarily for $ exchange rate and shipping costs.

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Delivery of Products

Please allow at least Ten (10) working days for normal delivery. Delivery time is subject to stock availability, this period may be extended by us and we will Endeavor to provide you with reasonable notice of that extension.

Your Obligations

You covenant and warrant that:

• all information and data provided by you to us through the Site (including as part of the customer registration / Ordering process) or otherwise is true, accurate, complete and up to date;

• the person receiving the Products at the Delivery Address is authorized by you to do so;

• you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;

• you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;

• you will check the labels on the Products before consumption or use and if you are not a qualified Engineer in the related field of the product you are installing, then agree to have a qualified Engineer supervise or inspect any installation of products bought from this site.

• you will not: 

  • use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

  • use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

  • make fraudulent or speculative inquiries, purchases or requests through the Site;

  • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings, or offend other users;

  • tamper with or hinder the operation of the Site;

  • transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

  • use any robot, spider, site search and retrieval application or other mechanisms to retrieve or index any portion of the Site;

  • modify, adapt, translate or reverse engineer any portion of the Site;

  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

  • reformat or frame any portion of the web pages that are part of the Site;

  • create a business with GMF4X4 by automated means or under false or fraudulent pretences;

  • use the Site to violate the security of any computer or other network or engage in illegal conduct;

  • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

  • use the Site other than in accordance with these terms and conditions; or

  • attempt any of the above acts or engage or permit another person to do any of the above acts.

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Warranty and Liability

GMF4X4 Warrants, with some exceptions, against defects, to the original purchaser, in materials and workmanship for three years with normal non-commercial usage. If during the Warranty period a defect becomes apparent you must let GMF4X4 know in writing, by email, with proof of purchase.

Please note for painting and colour coding we take no responsibility and offer no warranty. Painting and colour coding is arranged between yourself, (or GMF on your behalf, if you ask us, as a courtesy only), and the painter, we can help chose one if you wish. We will transport the items to and from the painter and package them for dispatch to you. We normally recommend that painting and colour coding is done locally at your nearest supplier. This way an exact electronic colour match can be obtained from a five-minute assessment directly on your vehicle.

We can help you chose a painter and make the arrangements but we are acting for your convenience only. The painting is between you and the painter, even if we act on your behalf. We are acting to facilitate and be helpful. We can also send the bar to your local painter direct.

Shock absorbers have a reduced warranty of 12 months due to the nature of use. We do offer to assess any failures beyond this period for parts replacement. Some parts are expected to wear in any type of shock and we can assess on an individual basis, (everyone drives differently). For this to be viable, you need to keep your original shocks, to put on the vehicle, while we asses shocks returned to us for assessment and / or repair / maintenance.

For all Warranty claims, the original purchaser must have had the product fitted by a competent qualified person or Inspected by a Qualified competent person immediately after installation. The Original Purchaser must have maintained the product to Industry-standard and be making the claim within the Warranty time frame. Third-party products sold by us come with a separate warranty from that Manufacturer / Seller and Warranty must be claimed from them. E.g.: painting or fitting of spotlights. Warranty will be null and void if the product has been used Improperly, Installed Improperly or due to negligence by the user. Racing, Unusual use or Competitive use is not covered by the Warranty. Damage or defects caused by collision, alteration, improper installation, road hazards, adverse conditions or usage for any other purpose other than normal private usage are not covered by this warranty.

Where spot lights are mounted on welded on light tabs – GMF4X4 suggests that the maximum weight of the light be 1.8kg. Where lights are subject to unusual or ongoing vibration, lights should be “stayed / supported” to reduce vibration and fatigue. GMF4X4 warranty will be void if an item has been used outside of these guidelines.

In all cases, you agree that GMF4X4 will be the final arbiter.

This warranty is in lieu of all other warranties expressed or implied but does not exclude the guarantees available to consumers pursuant to the Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) for eligible customers.

Expenses related to making a Warranty claim and costs of return of the product are to be borne by the purchaser or by negotiation with GMF4X4. This excludes third party work /product / items.

• GMF4X4 accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair-Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only: 

  • in the case of services, resupply of the services or pay you the cost of resupply; and

  • in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired, at our choice.

• Where we are permitted by law (and subject to clause 16.1): 

  • We do not warrant or represent the suitability of the Site or a Product for any purpose; and

  • we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.

• Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

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Returns

• Unless you notify GMF4X4 to the contrary by email, telephone, or facsimile transmission within 8 hours of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by GMF4X4, the Products shall be deemed to have been accepted by you.

• GMF4X4 will accept product returns and provide you with (at GMF4X4 discretion) a replacement for the Product (subject to availability) an exchange voucher, refund or repair where: 

  • The Product delivered is faulty or is not of merchantable quality, or

  • The Product delivered was damaged in transit and you provided proof, including photos of internal and external packaging damage and reported to us within 8 hours of delivery and signed for the product at delivery as suspected damaged.

  • The Product delivered does not match the description on the Site.

• If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact us on 0499 777 207 or email sales@gmf4x4.au and one of our Customer Service Team will assist with your request. To enable us to evaluate your return request, please provide us with: 

  • the Order number, invoice number or receipt number together with photos of the Packaging internal and external and the damage to the product itself.

  • a detailed description of the problem or the reason for your request to return the Product;

  • photograph(s) of product that is damaged during transportation

  • your name and contact details.

• We will evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.

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Do-It-Yourself and How-To ,  Content

• You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.

• You agree not to attempt to replicate any activities, or implied activities as shown on this Site unless you have: 

  • checked the service information and specification for the specific Product, vehicle or system that you are using or working on.

  • obtained advice from the relevant qualified experts, tradespeople and/or professionals; 

    • If you or the installer of our products is not a qualified Engineer in the field of the product purchased, then you agree to obtain the approval of such a qualified person, prior to using the product to asses and approve the installation.

  • complied with all applicable laws, regulations, and by-laws; and

  • employed safe practices for carrying out the activities.

• Subject to applicable laws, GMF4X4 does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the information being inaccurate or incomplete in any way, and for any other reason).

• All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.

• You agree by using this site and or purchasing any of our items, not to copy or to allow to be copied any GMF4x4 items sold on the website.

• You also agree not to facilitate or sell any copied or GMF4X4 look alike items.

  • You agree to recompense GMF4X4 for any breaches and agree to requesting the Australian tax office to audit your finances, to determine sales, for compensation calculations.

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General Provisions

• If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

• This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

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Privacy Policy and Your Personal Information

Refer to the Privacy Policy, which forms part of these terms and conditions.

Definitions

• Capitalized terms used are defined in these terms and conditions. In these terms:

• “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

• “Liabilities” means all direct and/or indirect liability for costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.

• “Product’ means each good or service that is advertised on the Site.

 

Contact us: sales@gmf4x4.au

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All emails are to be sent to our email address in the contact us page

 

No responsibility will be taken for poor or faulty installation. A competent person should install all installations. All installations are at the customer’s expense as are uninstall expenses if the product is damaged or faulty. If you are not trade qualified to do an Installation you must be supervised by a competent person or have the installation inspected by a qualified person immediately  upon completion

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