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Terms & Conditions

1. Our services

We provide engineering and manufacturing services including, as applicable:

  • CNC plasma cutting;

  • custom metal fabrication;

  • CAD and design services;

  • prototyping;

  • engineering components;

  • small-batch manufacturing;

  • manufacture of automotive and motorcycle-related products; and

  • other fabrication or manufacturing services agreed with you.

The precise scope of each job will be determined by the applicable quotation, order confirmation, drawing, specification or other written agreement.

2. Quotations

Unless otherwise stated in writing:

  • quotations are valid for 30 days;

  • quotations are based on the information, drawings, specifications, quantities and assumptions available to us at the time of quotation;

  • any change to the design, specification, quantity, material, finish, delivery requirements or other scope may result in a variation to the quoted price;

  • a quotation does not constitute acceptance of an order; and

  • work will commence once the quotation has been accepted and any required deposit, payment or customer information has been received.

We reserve the right to correct genuine errors or omissions in a quotation before the quotation is accepted.

3. Acceptance of orders

An order is accepted when we confirm acceptance in writing, commence the agreed work, or otherwise expressly agree to supply the relevant products or services.

Where there is a conflict between these Terms & Conditions and a specific written quotation or agreement, the specific written quotation or agreement will apply to the extent of the inconsistency.

4. Custom work and customer-supplied information

Where you provide drawings, dimensions, CAD files, samples, specifications or other technical information, you are responsible for ensuring that the information supplied is accurate and complete.

We may identify apparent errors, inconsistencies or practical manufacturing issues and may request clarification before proceeding.

Where we are engaged to design or develop a component, the agreed scope of design work will be stated in the quotation.

A manufacturing tolerance, material specification, finish or other technical requirement will only apply where it has been expressly specified or agreed.

5. Design and engineering services

Where we provide design or engineering services, the scope of those services is limited to the requirements expressly included in the applicable quotation or agreement.

Unless specifically included in writing, our services do not automatically include:

  • certification;

  • vehicle compliance certification;

  • structural certification;

  • independent engineering certification;

  • testing by an accredited laboratory;

  • approval by a government authority;

  • registration or regulatory approval; or

  • installation of the manufactured component.

Where a product or modification requires approval, certification or inspection by a qualified person or government authority, this requirement will remain applicable regardless of whether we manufacture the relevant component.

6. Automotive and motorcycle products

Some products manufactured by us may be intended for use on motor vehicles or motorcycles.

Unless expressly stated in writing, manufacture or supply of a product does not constitute a representation that the product or its installation is approved for use on a particular vehicle, road, registration category or application.

You are responsible for providing accurate information about the intended application and for obtaining any certification, inspection, approval or professional advice required for the intended use.

Where NSW vehicle modification requirements apply, the relevant requirements must be satisfied before the vehicle is used in the applicable manner. Significant vehicle modifications in NSW may require assessment and certification under the Vehicle Safety Compliance Certification Scheme.

Nothing in these Terms & Conditions excludes or limits any rights or obligations that cannot lawfully be excluded.

7. Materials supplied by you

Where you provide material, components, vehicles, samples or other items for use in our work:

  • you warrant that you are entitled to provide those items to us;

  • you are responsible for identifying any relevant requirements, hazards or restrictions known to you;

  • we may inspect supplied material or components and may decline to use items that are unsuitable, defective or unsafe; and

  • unless otherwise agreed, we are not responsible for defects arising from unsuitable or defective customer-supplied materials or components.

Where customer-supplied material is damaged or consumed during reasonable manufacturing processes, this does not constitute a failure to perform the agreed work unless otherwise agreed.

8. Intellectual property

You retain ownership of intellectual property that you provide to us, including your original drawings, designs, specifications and other materials.

Unless otherwise agreed in writing, we retain ownership of our pre-existing intellectual property, manufacturing methods, processes, templates, tooling, know-how, CAD libraries and designs developed independently of your specific project.

Where we create a new design specifically for you, ownership and permitted use of that design will be determined by the applicable quotation or written agreement.

Payment for manufacturing does not automatically transfer ownership of our underlying manufacturing methods, processes or know-how.

We will not knowingly use confidential customer information for purposes unrelated to performing the agreed work.

9. Changes and variations

A request to change an accepted design, quantity, material, specification, finish or other requirement may constitute a variation.

We will advise you of any material additional cost or change to timing resulting from a requested variation before carrying out the additional work where reasonably practicable.

Changes requested after manufacturing has commenced may incur costs for materials, labour, machine time and other work already undertaken.

10. Deposits and payment

The applicable quotation or invoice will specify payment requirements.

We may require a deposit or payment before commencing work, purchasing materials or ordering components.

Unless otherwise agreed in writing, invoices are payable by the due date stated on the invoice.

We may suspend further work where an undisputed invoice remains overdue.

Where legally permitted, reasonable costs incurred in recovering overdue amounts may be recoverable from the customer.

11. Cancellation

Cancellation of an order or custom manufacturing project should be requested in writing.

Where work has already commenced, you may be responsible for reasonable costs already incurred, including materials purchased specifically for the project, completed work and other committed costs.

Where a product is custom-made to your specifications, cancellation and refund rights may be affected by the nature of the goods and the applicable law.

Nothing in this clause limits any cancellation, refund or other rights you have under the Australian Consumer Law.

12. Manufacturing and delivery times

Any manufacturing or delivery timeframe we provide is an estimate unless expressly stated in writing as a guaranteed date.

Timeframes may be affected by material availability, supplier delays, equipment breakdown, design changes, customer delays, transport delays or other circumstances outside our reasonable control.

We will take reasonable steps to keep you informed of material delays.

13. Inspection and acceptance

You should inspect products promptly after delivery or collection.

If you believe that a product or service does not conform to the agreed requirements, please contact us as soon as reasonably practicable and provide relevant details and photographs or other evidence where appropriate.

Nothing in this clause limits your rights under the Australian Consumer Law.

14. Consumer guarantees

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law where those guarantees apply.

For consumers, these rights may include guarantees that goods are of acceptable quality, fit for a disclosed purpose where applicable, and match their description, and that services are provided with due care and skill and within a reasonable time where no time is agreed.

For eligible business customers, applicable Australian Consumer Law protections may also apply.

We will provide any remedy required by applicable law.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified.

15. Warranty and defective products

Any additional manufacturer's or supplier warranty expressly offered with a product will be stated separately.

Where a product is defective or does not comply with an applicable consumer guarantee, we will assess the issue and provide the remedy required by law.

A product will not be considered defective solely because it has been altered, modified, installed incorrectly, misused or used for a purpose for which it was not designed, to the extent permitted by law.

16. Installation

Unless expressly stated in writing, our quotation covers manufacture or supply only and does not include installation.

Where we do undertake installation, the scope of installation will be specified in the relevant quotation.

Where installation is performed by another person, you are responsible for ensuring that the installer is appropriately qualified and that the installation complies with applicable requirements.

17. Customer vehicles and property

Where a vehicle, machine, component or other property is provided to us for measurement, inspection, testing or agreed work, we will take reasonable care of it while it is in our possession.

You should remove valuables and personal property before delivering a vehicle or other item to us.

Any pre-existing damage or condition that is relevant to the work may be documented before work commences.

18. Product suitability and intended use

Products must be used only for their intended purpose and in accordance with any instructions, specifications or warnings supplied with the product.

Where a product is manufactured to customer specifications, we rely on the information supplied by the customer regarding the intended application.

Where a product requires professional installation, inspection, certification or approval, the customer is responsible for ensuring that requirement is satisfied unless that service has specifically been included in our quotation.

This clause does not exclude any liability or consumer guarantee that cannot lawfully be excluded.

19. Website information

Information on this website is provided for general information about our business, capabilities, products and services.

We take reasonable care to keep website information accurate, but product availability, specifications, pricing, photographs and other information may change.

A website description does not override the specifications contained in an accepted quotation or order.

20. Third-party services and suppliers

We may use third-party suppliers or service providers where reasonably required to manufacture, finish, deliver or otherwise complete an order.

We remain responsible for our obligations to you under the applicable contract and under laws that apply to the supply.

Third-party products may also be subject to the relevant manufacturer's terms and warranties.

21. Limitation of liability

To the maximum extent permitted by law, we are not responsible for loss caused solely by:

  • inaccurate or incomplete information supplied by the customer;

  • unsuitable customer-supplied materials or components;

  • unauthorised modification of a product;

  • incorrect installation by another person;

  • use contrary to supplied instructions or specifications; or

  • use of a product for an application that was not disclosed to us.

Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is prohibited by law.

Where the law permits a limitation of liability, any such limitation will apply only to the extent permitted by law.

22. Events outside our reasonable control

We will not be responsible for delays caused by circumstances beyond our reasonable control, including natural disasters, major utility failures, significant transport disruption, industrial action, government action, supplier failures or other circumstances that could not reasonably have been prevented.

We will take reasonable steps to minimise the effect of such circumstances.

23. Governing law

These Terms & Conditions are governed by the laws of New South Wales, Australia.

The parties submit to the courts and tribunals having jurisdiction in New South Wales, subject to any applicable rights to commence proceedings in another jurisdiction.

24. Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be read down or removed to the extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.

25. Changes to these Terms & Conditions

We may update these Terms & Conditions from time to time.

The version published on this website at the relevant time will apply to future transactions, unless different terms have been expressly agreed in writing.

What to include in the T&C document

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much, much more. 

 

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.

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