Interpretation
In these Terms and Conditions:
Guto Technology Solutions, Guto Sound, We, Us, Our means Guto Sound Pty Ltd (ABN: 41 617 587 792), trading as Guto Technology Solutions, a company registered in Australia.
You, The Customer means the person, company, business, or organisation whose details are set out on the Quotation. Where the Customer is a partnership, all partners are jointly and severally liable for the Customer’s obligations.
Quotation means the written document issued by Guto Technology Solutions setting out the proposed scope of works and pricing.
Scope of Works means the works, equipment and services described in the Quotation.
1. Quotation Validity
1.1 Each Quotation is valid for 30 days from the date of issue, unless otherwise stated in writing. After this period, pricing is subject to change and any acceptance will require written reconfirmation from Guto Technology Solutions.
1.2 Prices may be subject to change within the validity period if equipment costs are revised by the relevant supplier or distributor. Any such changes will be communicated to the Customer prior to order confirmation.
1.3 Guto Technology Solutions does not guarantee the availability of equipment or staff until written confirmation is received via a signed quotation or official purchase order sent to guto@guto.com.au.
2. Payment
2.1 Unless otherwise agreed in writing, payment is structured as follows:
- 50% deposit upon acceptance of the Quotation.
- 50% upon completion of installation or handover.
2.2 All goods supplied and installed by Guto Technology Solutions remain our property until the full invoice amount, including any additional agreed costs, has been paid in full.
2.3 Work is priced on the basis of regular business hours (8am to 5pm, Monday to Friday, excluding public holidays). Additional charges may apply for work completed outside these hours.
2.4 Unless specifically included in the Quotation, pricing does not cover delivery, travel expenses, accommodation, licensed riggers, electrician fees, generators, transport, insurance, venue costs, or per diems for staff.
3. Scope of Works
3.1 Guto Technology Solutions agrees to supply, install and configure the equipment and systems outlined in the Scope of Works.
3.2 This project has been priced on the assumption of clear site access and a continuous workflow. There is no allowance for site access restrictions, delays, or downtime caused by external factors. Additional charges may apply where delays result in repeated mobilisation or extended on-site time.
3.3 Any changes to the Scope of Works must be submitted in writing and agreed upon by both parties, including any associated costs, before works proceed. No verbal variations will be binding.
4. Variations
4.1 The Customer may request changes to the agreed Scope of Works by submitting a written variation request to Guto Technology Solutions.
4.2 Guto Technology Solutions will review the request and provide a written estimate of any additional cost and impact on the project timeline.
4.3 Work will only proceed on a variation once both parties have agreed in writing via a signed variation order. The variation order forms part of the contract.
4.4 Guto Technology Solutions will only perform work expressly included in the agreed Scope of Works and any approved variation orders. Work outside these documents is subject to separate negotiation and agreement.
5. Installation and Equipment
5.1 All materials and equipment supplied will be new and free from defects, unless otherwise stated in the Scope of Works.
5.2 Equipment will be installed in compliance with Australian standards and manufacturer specifications. Any deviation from manufacturer specifications requires prior written approval from both parties.
5.3 If the Customer intends to incorporate existing equipment into the project, this must be communicated during the quotation process. Each item will be inspected for functionality and safety before installation. Guto Technology Solutions accepts no liability for defects or malfunctions in customer-supplied equipment.
5.4 The Customer is responsible for supplying stable, clean mains power to the relevant locations. This must be maintained after installation to ensure continued system performance.
5.5 Guto Technology Solutions reserves the right to substitute any specified product with an equivalent alternative of the same quality and value in the event of availability constraints. Any proposed substitution will be communicated to the Customer for approval before implementation.
6. Warranty
6.1 Guto Technology Solutions provides a 12-month workmanship warranty on all installation services from the date of practical completion. Any defects or deficiencies identified during this period will be rectified at no additional cost to the Customer.
6.2 This warranty covers workmanship only. It does not cover manufacturer defects in equipment, which are subject to the relevant manufacturer’s warranty.
6.3 The workmanship warranty is voided if the Customer or any third party carries out repairs, re-wiring, or modifications to the installed system without prior written approval from Guto Technology Solutions.
7. Inspections and Acceptance
7.1 Upon completion of the installation, the Customer has the right to inspect the works to confirm they meet the standards outlined in the Scope of Works.
7.2 The Customer must notify Guto Technology Solutions in writing of any defects or deficiencies within 5 business days of the completion date. Issues raised after this period may be treated as new service requests.
7.3 Guto Technology Solutions will promptly remedy any valid defects identified during the inspection period at no additional cost to the Customer.
8. Returns and Cancellation
Returns
8.1 Due to the nature of installation services and custom-ordered materials, returns are generally not accepted. The Customer is encouraged to review and approve all specifications and materials before works commence.
8.2 Where a return is approved by Guto Technology Solutions, a restocking fee of 25% of the value of returned goods will apply. Returned items must be in original, unused condition and in original packaging.
8.3 The Customer is responsible for all shipping and handling costs associated with approved returns.
8.4 Customised or specially ordered items may not be eligible for return and will be assessed on a case-by-case basis.
8.5 Refunds for approved returns will be processed within 14 days of inspection and acceptance of the returned goods, using the same payment method as the original transaction.
Cancellation
8.6 If the Customer wishes to cancel after works have commenced, for reasons other than a default by Guto Technology Solutions, the Customer is responsible for all costs incurred up to the date of cancellation, including labour, materials and any restocking fees.
8.7 Guto Technology Solutions may deduct any costs incurred from advance payments received. If costs exceed the advance payment, the Customer is liable for the outstanding balance.
Change of Mind
8.8 The Customer is not entitled to a repair, replacement, or refund under the Australian Consumer Law if they simply changed their mind, found the product cheaper elsewhere, or no longer have a use for it.
9. Travel and Incidental Costs
9.1 Where travel or incidental costs apply, these will be outlined in the Quotation or communicated in advance. Actual costs may vary from estimates based on project requirements.
9.2 The Customer is requested to advise whether onsite parking can be arranged during the works. Where parking cannot be provided, reasonable parking costs may be charged to the Customer.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, the total liability of Guto Technology Solutions for any claim arising from or in connection with this contract is limited to the total value of the Quotation.
10.2 Guto Technology Solutions is not liable for any indirect, consequential, or special loss or damage including loss of revenue, loss of profit, or business interruption arising from the works or any delay in completion.
10.3 Nothing in these Terms and Conditions excludes or limits any rights the Customer may have under the Australian Consumer Law that cannot be excluded or limited by agreement.
11. Force Majeure
11.1 Guto Technology Solutions will not be liable for any delay or failure to perform its obligations where such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to supply chain disruptions, natural disasters, illness, government restrictions, or acts of third parties.
11.2 In such circumstances, Guto Technology Solutions will notify the Customer as soon as practicable and both parties will make reasonable efforts to agree on a revised timeline.
12. Dispute Resolution
12.1 If a dispute arises in connection with this contract, both parties agree to attempt to resolve it in good faith through direct negotiation before pursuing any formal legal action.
12.2 If the dispute cannot be resolved through negotiation within 14 days, either party may refer the matter to mediation or other appropriate dispute resolution processes available under Victorian law.
13. Governing Law
13.1 These Terms and Conditions are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria.
14. Maintenance Services
14.1 The Customer may request ongoing maintenance services from Guto Technology Solutions. Upon such a request, a separate Maintenance Service Agreement will be provided outlining the scope, pricing and terms applicable to those services.
GUTO TECHNOLOGY SOLUTIONS 