Terms & Conditions

In this policy, “us”, “we”, or “our” means Australian Industrial, operators of this website.

These terms of use govern your use of and access to this website.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to
any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

These terms were last updated on 15th May 2024.

General Terms

1. JURISDICTION

These terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these terms.

2. ACCESS

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be
suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

3. CONDUCT

You must not use, or attempt to use this website:

• in breach of any applicable laws of the State of Victoria, Commonwealth of Australia, or local laws in your jurisdiction
• to impersonate any person or entity
• to solicit money, passwords, personal information or other property from any person or entity
• to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
• to publish or facilitate publication of personal information of a third party without their consent
• to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
• to publish or facilitate publication of pornographic or offensive material
• to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
• to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to this website, to understand our practices.

5. COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial
use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

• Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
• Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).

6. THIRD PARTIES

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited
to business transactions) between yourself and the third party.

7. LIMITATION OF LIABILITY

Your use of this website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise
specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.

Contract Terms & Conditions

1. Application of Conditions:

These Terms and Conditions of Sale apply to all quotations, offers, and purchase orders issued or accepted by Australian Industrial Pty. Ltd. and to deliveries of all goods and works supplied by Australian Industrial Pty. Ltd. to the party which entered into an agreement with Australian Industrial Pty. Ltd.

2. Acceptance of Order:

The Seller shall not be bound by the purchase order until it is confirmed in writing, or until they commence performing the services or delivering the goods. The Seller must comply with the Head Contract provisions related to the goods, services, or works and indemnify the Buyer for any liability arising from a breach of the Head Contract caused by the Seller.

All quotations issued by the seller are valid until the date specified on the quotation unless specified in writing that the quotation is no longer valid.

3. Specification:

Goods and services are supplied in accordance with the specifications confirmed by the Seller on the invoice concluding the contract. The purchase order issued by the Customer is deemed to be an acceptance of the specifications outlined in the quotation provided by the Seller. Any changes to the order after the acceptance of the purchase order shall be subject to an additional charge.

The Seller accepts liability up to the limit of their recommendations should their goods or services not be fit for purpose or suitable for the Buyer application. The Seller will assist the Buyer in seeking a refund from the manufacturer of the goods or services should the manufacturer's guarantee of performance be false.

4. Delivery:

The Seller is responsible for delivering the goods to the specified location and time in the order. The goods must be securely packed and marked with the order number. If the Seller cannot comply with any change in delivery details, they must provide written notice with reasons.

5. Instalment Deliveries:

All requests for delivery by instalments must be specified prior to accepting the quotation to prevent any variation.

6. Price:

The price of the goods or services is the price stated in the valid quotation issued by the Seller to the Buyer specified in the quotation.

7. Payment:

The Buyer shall pay the Seller within the agreed timeframe and currency. Payment shall be made upon completion of the order or according to the payment schedule agreed upon by both parties.

The Buyer agrees to make a deposit payment to the Seller within 7 days of the progress invoice being issued. The deposit amount shall be as specified in the progress invoice. Upon receipt of the deposit payment, the Seller will initiate the necessary actions to fulfill the purchase order.

8. Quality:

The goods or services must meet the quality standards specified in the purchase order or contract. If they fail to meet the standards, the Buyer may reject them and request a replacement or refund.

9. Transportation:

The Seller shall be responsible for arranging and paying for the transportation of the goods to the destination specified in the order in agreement with the contract. The Seller shall be responsible for any loss or damage to the goods during transportation and shall bear the risk of loss until the goods are delivered to the Buyer at the destination. If the Buyer fails to take delivery of the goods at the destination, the Seller may store the goods at the Buyer's risk and expense until delivery is made.

10. Design Responsibility:

The Buyer warrants that any design, drawings, or specifications provided to the Seller for the goods or services to be provided under this contract are accurate and suitable for their intended purpose. The Seller will not be responsible for any failure or defect in the goods or services resulting from any design, drawings, or specifications provided by the Buyer. The Buyer shall indemnify and hold the Seller harmless against any loss, damage, or expense arising from any such failure or defect.

11. Warranties:

The Seller warrants that the goods or services provided under this purchase order or contract are free from defects in materials, workmanship, and design. The warranty period shall be the standard industry period unless otherwise agreed upon.

12. Termination:

Either party may terminate this purchase order or contract if the other party fails to perform its obligations or breaches any term or condition.

13. Confidentiality:

The parties agree to maintain the confidentiality of any information disclosed during the course of this purchase order or contract.

14. Dispute Resolution:

Any disputes arising out of this purchase order or contract shall be resolved through arbitration in accordance with the rules of the arbitration association and the decision of the arbitrator(s) shall be final and binding.

15. Entire Agreement:

This purchase order or contract contains the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

16. Assignment:

The Seller may not assign or transfer any of its rights or obligations under this purchase order or contract without the prior written consent of the Buyer.

17. Variations:

Any variations to the purchase order or contract must be in writing and signed by both parties.

18. Delay in Completion:

If the Seller fails to complete the works by the completion date, they must pay the Buyer a pre-determined amount for each day of delay until the works are complete or the contract is terminated.

19. Defects:

The Seller is responsible for fixing any defects in the works during the Defects Liability Period. If they do not fix the defects promptly when directed by the Buyer, the Buyer can have another party fix the defects and charge the Seller for the cost.

20. Drawings, Specifications, Tools:

The Buyer-supplied items are the property of the Buyer, and the Seller must maintain and insure them while in their custody.

After completing the order, the Seller must return the Buyer-supplied items in good condition, or the Buyer may withhold payment until they are returned or withhold part of the payment to replace or restore them.

The Seller cannot use or permit the use of Buyer-supplied items for any purpose other than the supply of the goods to the Buyer without the Buyer's written authorization.

If the order involves the manufacture of the Buyer's designs, the Seller must inform the Buyer of any invention or improvement in design or method of manufacture related to the Order.

21. Assignment and Subcontracting:

The Seller cannot assign or transfer the contract or any part of it to another person without the prior written consent of the Buyer. The Seller is also not allowed to sublet the contract except for minor details or for any part of the goods of which the makers are named in the order or the specification. However, the Seller can sublet part of the contract to any company which is a member of the group to which the Seller belongs or a company with whom the Seller is formally associated.

If the Seller subcontracts part of the contract, they will still be responsible for the acts, defaults, and omissions of sub-suppliers or subcontractors as if they were the Seller's own. The consent given by the Buyer under this clause or any assignment or subletting by the Seller does not relieve the Seller of any of its obligations under the contract.

22. Inspection:

The Buyer has the right to inspect the goods while they are being made or when they are ready to be sent, and the Seller must allow these inspections. However, an inspection does not mean that the Seller is no longer responsible for the goods or that they have been accepted.

23. Governing Law:

This purchase order or contract shall be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria in connection with all matters concerning these terms or the transactions contemplated by them.