DISCLAIMER

The information and materials contained in this site and all sites linked to this site ("website"), including text, graphics, links or other items - are provided "As is", "As Available". GCG does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

GCG does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. All products and services sold shall be subject to our "Terms & Conditions Of Sale Policy"

This disclaimer shall take effect to the fullest extent permitted by law.

COPYRIGHT NOTICE

The copyright in this website is owned by GCG, its agents and/or professional advisors. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of GCG or the copyright owner provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without GCG's permission, "mirror" any material contained on this website on any other server.

TRADE MARKS

The trade marks, service marks, and logos (the "Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of GCG and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of GCG or other Trade Mark owners. GCG aggressively enforces its intellectual property rights to the fullest extent of the law. The name of GCG or XTR and their logo's may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission. GCG prohibits use of the GCG or XTR logo as a "hot" link to any GCG site unless establishment of such a link is approved in advance by GCG in writing.

EXCLUSION OF LIABILITY

GCG shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:

any access, use or the inability to access or use this website, or reliance on the contents of this website;
any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
any use of or access to any other website linked to this website;
any product, service or information of any merchant or service provider,

even if GCG or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the users own risks. This exclusion clause shall take effect to the fullest extent permitted by law.

YOUR TRANSMISSIONS

Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by GCG or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

GOVERNING LAW AND JURISDICTION

Any facilities and/or services offered through this website are strictly for GCG's customers' access and/or use Worldwide. Other than as aforesaid, nothing in this website shall be construed as GCG providing services and facilities outside of the abovementioned territories. By accessing this website and using the facilities and/or services offered through this website, you agree that International law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Australian courts.

CONDITIONS OF ACCESS

GCG may at any time revise these Conditions of Access by updating this version. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of the Conditions of Access to which you are bound.

Conditions of Access Version 1.0
Dated 04 March 2005
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TERMS AND CONDITIONS OF SALES

(For Customers in Australia Only)

1. DEFINITIONS

"GCG" means the GCG Turbochargers Australia Pty Ltd. subsidiary company selling products to the Customer as identified in GCG's Quotation or Invoice.

"Customer" means the person or legal entity identified in GCG's Quotation or Invoice.

"Contract" means a contract for sale by GCG to the Customer of the products and/or services incorporating the Terms and Conditions.

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by GCG and such acceptance has been received by the customer. The contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer.

2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.

2.3 These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by GCG, payment for the products or services shall be made in full before physical delivery of products or services.

3.2 Customer shall pay for all shipping and handling charges.

3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.4 Time for payment is of the essence. GCG reserves the right to charge interest at the rate of 2% above the base commercial floating rate for St George Bank in Sydney.

4. SOFTWARE

4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that GCG does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with GCG or the licensor of the software at all times.

5. TITLE AND RISK

Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

6. DELIVERY

6.1 GCG shall deliver the products to the place of delivery designated by Customer and agreed to by GCG ("Place of Delivery").

6.2 GCG may, at its discretion, deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by GCG in respect of any one or more instalments shall vitiate the Contract in respect of products previously delivered or undelivered products.

6.3 Any dates quoted by GCG for the delivery of the products are approximate only and shall not form part of the Contract. GCG shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

7. ACCEPTANCE OF PRODUCTS

7.1 Unless the Customer notifies GCG to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by GCG.

7.2 New products purchased under these Terms and Conditions directly from GCG by an end-user Customer may be returned by Customer up to fifteen (7) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with GCG's "Total Satisfaction Policy" in effect in Australia on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned products must be received by GCG in as-new or as-shipped-by-GCG condition, including conformance to invoiced specification, and all of the manuals, diskettes, CDs, power cables and other items included with a product must be returned with it.

8. WARRANTY

8.1 Unless specified otherwise and in addition to any rights the Customer may have under statute, GCG warrants to the Customer that all new Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date ("Standard Warranty").

8.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by GCG, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than GCG personnel or any person authorised by GCG, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by GCG.

8.3 The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from GCG.

8.4 During the one-year period beginning on the invoice date, GCG will repair or replace Products returned to GCG's facility. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. GCG will ship the repaired or replacement products to Customer freight prepaid.

8.5 While not affecting any non-excludable warranty or guarantee implied by law, GCG does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

8.6 The Customer agrees that to the extent permitted by law, in relation to third party products purchased through GCG, where such of the Products are covered by a relevant manufacturer's warranty, then the Customer will first make a claim against the manufacturer and shall utilise that warranty for the support of such Products and in any event not look to GCG for such warranty support in the first instance.

9. SERVICE AND TECHNICAL SUPPORT

GCG will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Customer's invoice, GCG will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between GCG and Customer in addition to the Standard Warranty. GCG may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. GCG has no obligation to provide service or support until GCG has received full payment for the product or service/support contract for which service or support is requested.

10. LIABILITY

10.1 GCG shall not be liable in contract or in tort for any loss or damage suffered and consumers rights are limited to those set out in these Terms and Conditions and under statute.

10.2 To the extent permitted by law and subject to clause 10.7, GCG's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

10.3 The Customer shall indemnify GCG and keep GCG fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

10.4 To the extent permitted by law, GCG and Customer agree that GCG will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. GCG shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if GCG has been advised of their possibility.

10.5 Any service response times stated by GCG in the service contracts are approximate only and GCG shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

10.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by GCG shall be subject to correction without any liability on the part of GCG.

10.7 Under the Act, where implied conditions and warranties cannot be excluded, GCG's liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at GCG's option, to :

(a) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR
(b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

11. FORCE MAJEURE

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

13. GENERAL

13.1 The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of GCG. Any such unauthorized assignment shall be deemed null and void.

13.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

March 2005 Revised Edition 1.0

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TOTAL SATISFACTION POLICY

If you are an end-user customer who bought new GCG products directly from GCG Turbochargers Australia Pty Limited you may return them to the relevant GCG warehouse within 7 days of the date of invoice for replacement or a refund or credit of the product purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price. If you are an organization that bought the products under a written agreement with GCG, the agreement may contain different terms for the return of products than specified by this policy.

To return products, you must call GCG to receive a Credit Return Authorization Number. Arrangements for the return will be made with you at this time. To expedite the processing of your refund or credit, GCG expects the return of the products to GCG in their original packaging within five days of the date that GCG issues the Credit Return Authorization Number. You must also prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Returned products must be received by GCG in as-new or as-shipped-by-GCG condition, including conformance to the specifications set out in your invoice, and all of the manuals, and other items included with a product must be returned with it.