Profilium is a business unit of Australis Engineering Pty Ltd, ACN 002 646 620, and as such all tax invoices are payable to Australis Engineering Pty Ltd. All payments and other terms and conditions, including warranty are subject to the Terms and Conditions of Sale and Warranty as outlined by Australis from time to time and as currently outlined below.
The Purchaser (hereafter “the Client”) of any t-slot aluminium profile, accessories or a structure (hereafter “the Goods”) supplied by Profilium or Australis Engineering Pty Ltd (hereafter referred to as “Australis”) agrees to accept the following Terms and Conditions of Sale and Warranty that are supplied with our quotation and publicly available on the aluminiumprofile.com.au website.
A PDF copy of these Terms and Conditions of Sale and Warranty can be obtained via email.
- The Client acknowledges and grants that, unless otherwise agreed in writing, if any terms and conditions of purchase contained within the Client’s Purchase Order conflict with any terms and conditions of sale outlined herein, then the Terms and Conditions of Sale and Warranty issued by Australis, trading as Profilium, will prevail; and
- The failure or indulgences by Australis to exercise or delay in exercising any right, power or privilege available to it under these Terms and Conditions will not operate as a waiver thereof or preclude any other or further exercises thereof of the exercise of any right or power, and Australis shall be entitled to require strict compliance to the Terms and Conditions of Sale and Warranty at all times; and
- The Terms and Conditions of Sale and Warranty are governed by, and will be construed under the laws of the State of New South Wales, Australia; and
- The Terms and Conditions of Sale and Warranty represents the entire agreement between the Client and Australis or its sub distributors (the Parties) and no agreement or understanding varying or extending the provisions of the Terms and Conditions shall be legally binding upon any Party unless in writing and signed by both affected Parties or as allowed under these Terms and Conditions; and
- If any term or agreement subject of the Terms and Conditions shall be invalid, void, illegal or unenforceable, they shall be severed from the Terms and Conditions of Sale and Warranty and the remaining provisions shall not be affected, prejudiced or impaired by such severance; and
- Australis may serve any Notice or Court document on the Client by hand, post, email, or fax. Such Notices will be deemed to be given, where delivered by hand – on the day; by post – 2 business days after the date of posting; by email or fax on the day of dispatch unless a failure to transmit report is received; and
- In circumstances where Australis issues the Client a written quotation for the design, manufacture, installation or supply of Goods, including attaching Terms and Conditions of Sale and Warranty, and in so far as their are any contradictions between the quoted Terms and Conditions of Sale and the Terms and Conditions of Sale published on the aluminiumprofile.com.au website, then the quoted Terms and Conditions of Sale shall prevail.
- Profilium and Australis Engineering Pty Ltd reserve the right to alter these conditions of sale and warranty at any time without prior notification.
Aluminium Profile Lengths – sold only as a whole bar
Please note that all sales of Aluminium Profile are sold as whole bars of profile only. For example if you require 3.8 metres of profile, you will be invoiced for a whole bar length (most bars are 6.0 metres). Upon dispatch you will receive the full length as invoiced (including the off-cut).
Very occasionally we may have a suitable off-cut of profile left over from a one of our own projects. We can sell these profile off-cuts at RRP + 30% (the plus 30% is to cover our time to search and measure up for a suitable piece and cut it to size). Generally off-cuts may only be available on the more common profiles that we use, such as 40×40 (4 slot) and 45×45 (4 slot), 40×80 and 45×90. We make no promise or guarantee that a specific type or length of off-cut will be available at any given time and off-cuts are sold entirely at our discretion.
Aluminium Profile Lengths – Cutting, Tapping and Drilling service
We offer a cut to length, tapping and drilling service using our dedicated, high speed aluminium saw with laser cutting guide and high speed drills. This is the best method for the home user or a commercial user to obtain the cleanest, most accurate and square cuts of profile or hole tapping which in turn results in better joints and the most accurate construction of your structure.
The cutting and tapping cost is a flat rate of $3.00 per cut/ tap / drill.
Please note that REFUNDS are not possible for custom, cut to length or tapped pieces of aluminium profile. Please check your dimensions before making payment of your order. We will not be liable for changes in your dimensions once the order has been paid.
Custom Orders – waiver of liability for structures designed by the Customer
Where a Customer places an Order for a fully customised solution (including but not limited to a work station, machine frame, machine guard, a jig, a trolley, clean room, high altitude training room,) and has provided Australis with their own technical design or specifications (including, but not limited to a design drawing or other instructions) and Australis have built to the Customer’s design, the Customer waives all rights to any warranty claim regarding the structure being fit for purpose and indemnifies Australis from any or all liabilities or consequential losses resulting from the design not being fit for purpose.
For the avoidance of doubt, our Warranty does not guarantee that the Customer’s design, or any flaws resulting from that design, are fit for the purpose intended by the Customer. In these cases our Warranty only extends to the failure or non-conformance of individual components that are agreed by us as being defective.
Please note that REFUNDS or RETURNS are not permitted for custom built aluminium profile structures.
Shipping / Delivery
After ordering online, you will receive an email confirmation containing your order details and an Order ID number. During business hours, we will normally endeavour to confirm receipt of your order within 1 business day after receiving the online order.
The Purchaser will be liable for all shipping costs and these will be applied prior to dispatch and at the time of Invoicing. Profilium uses flat rate shipping costs that are dependent on the product type and the delivery address. Standard shipping and Express shipping options are available.
Dispatch and Stock Availability
Once your order has been paid in full, we aim to ship your order items at the earliest possible opportunity, however as an approximate guide the following dispatch times should apply:
- Uncut aluminium profile and accessories – 1-2 business days from cleared payment
- Customised/ cut-to-length aluminium profile – 3 to 5 business days from cleared payment (depending on order size and numbers of other orders in the queue)
- Machine Frame, Machine Guard or Jig – 7 to 15 business days from cleared payment (depending on complexity), or as per our written quote. The time frame outlined in our written quote prevails in all circumstances.
- Linear Actuators and Linear Guides – 5 to 10 business days from cleared payment or as per our written quote. The time frame outlined in our written quote prevails in all circumstances.
- All other structures will be as per our written quote.
We will use our best endeavours to dispatch your goods via our nominated courier or freight provider as per the above, however if goods are unavailable, delivery may take a little longer and we ask for your understanding and patience in cases where this may occur. Should delivery be substantially delayed, a team member will contact you at the earliest opportunity to discuss the situation.
While we make all reasonable efforts to ensure our online available stock quantities are up to date, occasionally circumstances may arise where we sell out of some items. In these cases please understand that as we act as an agent for international suppliers there may be longer lead times for delivery of some items. In the rare cases where this may occur, we will inform you at the earliest opportunity and you may cancel or amend your order at no cost.
Please contact our Customer Service Department on +61 2 9707 5800 or via email at firstname.lastname@example.org for all enquiries about stock availability and lead times.
Notes Business days exclude weekends and public holidays.
Delivery time frames may change from time to time due to unforeseen circumstances. We will endeavour to provide the most up-to-date information for your order or contact you if circumstances change. Please ensure your contact details are up to date. If a team member has not contacted you by the expected date, please contact us at +61 2 9707 5800.
Shipping / Transit Insurance Policy
We accept no liability or responsibility for the insurance of the goods which remains the Purchaser’s sole responsibility. Profilium or Australis Engineering is not liable for any loss or damage, including any consequential losses for the failure of the Purchaser to adequately insure the goods. It is the responsibility of the Purchaser to arrange such insurance as it sees fit to cover all or any of the above items of this agreement/ conditions or any other risks. Profilium shall be under no responsibility whatsoever to see that such insurance has been effected.
If requested in writing by the Purchaser, Profilium may arrange insurance on your behalf. For an transit insurance quote, please contact our Customer Service Department on +61 2 9707 5800 or via email at email@example.com
Order Collection Policy
If you plan to pay Cash when you Pick-Up your order, we are not a normal retail outlet and so we do not carry Change. Please ensure you have the correct amount as shown on your invoice to make your payment.
We gladly permit our customers to pick-up your goods from:
- our Sydney premises at: Profilium / Australis Engineering – 25 Harley Crescent, Condell Park, NSW 2200, or
- or our local sub distributor in Melbourne: Eljay Engineering Pty Ltd – 2/19 Edelmaier Street, Bayswater, VIC 3153 ,or
- our partner in Brisbane: Precision Stainless Systems Pty Ltd – 16 West Link Pl, Richlands QLD 4077
Loading dock hours of operation are: 7:30AM to 3:00PM Monday to Thursday and 7:30am to 12:00pm Friday only. Pick-up outside of these hours is by written confirmation only. Please email our Customer Service Department at firstname.lastname@example.org
For all Pick-Ups, the Purchaser will assume any risk of lost, theft or damage of goods during transit and we therefore advise that the Purchaser takes out shipping insurance prior to pick-up. Profilium will not be responsible for parcels or goods that are lost or damaged in transit if you choose not to insure.
Important note: Full, un-cut lengths of aluminium profile are over 6.00 metres in length. The Purchaser, on behalf of the vehicles driver, takes all responsibility to comply with relevant road rules regarding the carriage of these long goods. Australis and Profilium accepts no liability or responsibility for self-transport by the Purchaser or their agent.
You will at all times indemnify, and keep indemnified, us and our Directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
Sub-distributor liability disclaimer and dispute resolution
- Australis Engineering, trading as Profilium, may appoint local sub-distributors or partners to locally sell and/ or supply aluminium profile and accessories. As of 9 December 2021, we act as the Australian distributor for Alusic SRL, located at Via Bologna, 10/A – 12084 – Mondovì ITALY. All goods are subject to the warranty and technical specifications shown in the current, publicly available catalogues published on the Alusic website. These may be subject to change. Alusic reserve the right to discontinue the production of any goods or to change the production method for any goods. Alusic and Australis as its agent are not liable for any damages, costs or consequential loss resulting from such a change. We reserve the right to change our supplier with prior notification.
- Orders received via the aluminiumprofile.com.au website, our email address, mailing address, phone or fax for our local sub-distributors are taken by us on behalf of the sub-distributor or partner. Upon passing the order to the sub-distributor, the sub-distributor becomes fully responsible for the order, including but not limited to confirming the order, invoicing, freight and warranty claims for that order.
- The sub distributor or partner retains the right to issue their own terms and conditions of sale including pricing, payment terms, returns or order cancellations. Warranty conditions should reflect the standard warranty conditions described in these terms and conditions of sale.
- Australis Engineering accepts no liability for orders once they have been passed to the third party sub-distributor, including but not limited to delays in supply, inability to supply, public liability and professional indemnity claims, consequential loss claims or insolvency issues.
- Notwithstanding the above, in all cases, Australis may in good faith and without accepting any liability, assist the Customer to try and resolve any disputes with the sub-distributor.
Pricing, Payments, GST
- Prices are firm and fixed according to your written quote or the prices published on this website.
- We reserve the right to decline to fulfill an order where there is a genuine error in the pricing shown on this website.
- All of our prices are quoted in Australian dollars only ($AUD).
- Unless explicitly noted in our Quote on by selecting the Freight option on our web shoo, all prices are quoted EXW- INCOTERMS, ie ex-Works (this means that costs such as freight, handling or import/ export taxes are additional).
- By clicking to PLACE ORDER on our Shopping Cart, you agree to these terms and conditions of sale, including to pay the full cost of freight. Due to the high variability of freight costs for different lengths and volumes of profile, at check out we only charge the minimum freight cost for any order, which is $15.00. The actual cost to ship your order may be more than $15 which you are liable to pay. If the freight cost is more than $15 you must pay the difference in the $15 minimum charge and the actual cost before we prepare or dispatch your order. (We will always try to minimise freight costs for your order). Freight charges do not apply for local pick-ups.
Payments for t-slot aluminium profiles, accessories, cutting, drilling or tapping
Goods will not be made available for Dispatch until CLEARED PAYMENT has been received. If you need your goods in a hurry, please pay via Credit Card.
- All prices exclude GST.
- Payments can be made using a Credit Card (Visa or Mastercard only) or Electronic Bank Deposit (EFT). If you wish to pay EFT our Tax Invoice will display our Bank Account Details. Please note if you are paying EFT, we will not dispatch your goods until payment has been cleared in full.
- Credit card merchant fees of 2.4% apply for all orders (incl GST). These merchant fees are the actual costs charged to us by eWay and our Bank to provide the online payment service. Merchant fees may be varied at any time without prior notification
- Other payment options, including Cheque and Cash may be acceptable by prior written agreement only. Please note if you plan to pay with cash when you Pick-Up your order, we are not a normal retail outlet and so we do not carry change. Please ensure you have the correct amount as shown on your invoice to make your payment.
- Upon confirming your payment, we will issue you with a Tax Invoice. Please retain this Tax Invoice for Warranty, Returns or Refund purposes. Australis will not re-issue a Tax Invoice.
- Payments for Aluminium Profile and Accessories supplied with a discount (including but not limited to an “OEM Discount”) will be subject to an approved Credit Check and payments must be no later than 30-days from the date of our invoice or as otherwise specified in our written quote. Discounts do not apply to any labour costs (such as Cutting or Tapping) or third party materials or services (including freight).
- Payments must be made in $AUD only. If you are ordering from outside Australia and require further information about making payment in $AUD please contact our Customer Service Department on +61 2 9707 5800 or via email at email@example.com. If you are purchasing from outside of Australia, Australian GST does not apply, however you may be subject to import and other taxes in your own country. Australis are not liable for any importation taxes, duties or similar payments in your country of origin.
- We reserve the right to require proof of identity for any credit card transactions greater than $500.00 inclusive of GST. If required, a credit card authorisation form will be sent to you.
Payments for Equipment and Structures quoted and built by us
If Australis has provided the Client with a written quote to design, manufacture, install and commission or supply (only), particular Goods, then the quoted payment terms will apply and must not be substituted by the Client for their payment terms (unless by prior, written and mutual agreement):
- Our quoted prices and terms of payment are as per our quotation, are in Australian Dollars (AUD) and exclude the Goods and Services Tax (GST). GST will be added to your invoice and is payable at the same time as each payment falls due.
- If the Goods are being exported, quoted prices exclude any local taxes, duties or importation costs. The Client is liable for all local taxes, import duties, local freight and foreign exchange costs.
- If the Goods are quoted “ex-Works” then all Freight and Handling costs are excluded and these may attract additional costs payable by the Client.
- Where applicable, “Ex-Works” pricing excludes all tariffs, taxes, freight, packing and handling or other shipping costs and foreign exchange costs. If required, these additional costs will form a Variation and are payable by the Client.
- Prices are valid for a period of 30 days or a lesser period if outlined in our written quote. Re-validation in writing is required.
- Prices are based strictly on the Payment Terms outlined in our quotation. Any deviation from these payment terms may result in an increase in our quoted price. Importantly, no allowance has been made for any contract-based financial conditions (e.g. Bank Guarantees, Liquidated Damages, Performance Guarantees, Warranty Bonds, or invoice payments that are >30 days-net). If performance and financial conditions of sale are required by the Client, Australis reserves the right to amend its quoted cost to reflect these requirements.
- Payments to Australis must strictly comply with the terms outlined in these Conditions of Sale; and
- Notwithstanding any other condition, the Payment Terms for all “Deposits with Order” are strictly 7-days net from date of invoice. Work on a project or the supply of goods or equipment will not commence until the Deposit monies have been received; and
- Unless mutually agreed in writing, Payment for any “Do and Charge” work completed by Australis is strictly 7-days net from date of invoice. All “Do and Charge” work will be invoiced progressively based for work completed in the 7-day period from each Thursday to Wednesday; and
- Unless mutually agreed in writing, the payment of all Variations to Contract are strictly 7-days net from date of invoice; and
- Payment can be made via electronic banking or credit card (credit card payments may be subject to a 2.4% surcharge. Surcharge costs may change without prior notice); and
- Any failure to meet stated payment terms will result in the Client:
- Immediately being placed on stop-supply for new work and the stoppage of all existing work. Except as provided for under Law, and Australis shall under no circumstances be liable for any consequential loss to any party arising from the Client’s late payments that cause delays to the delivery, installation or commissioning of the Goods. A potential Warranty claim does not constitute a valid reason to withhold any payment and all potential Warranty claims will be dealt with in accordance with the Warranty section of the terms and conditions of sale; or
- if invoices become more than 21 days overdue, Australis will charge compounding, daily interest on outstanding amounts payable at the rate of 7% plus the cash rate notified by the Reserve Bank until payment is made.
- At the Supplier’s sole discretion, any account or invoice that is overdue by more than 45 days may be escalated for debt collection including but not limited to debt collection agencies, law firms, writs or other legal enforcement. In the event of the Client being in default of their obligation to pay, and the overdue account is then referred to a debt collection agency and/or law firm for collection, the Client shall be liable for all of the recovery costs incurred and if the agency charges commission on a contingency basis the Client shall be liable to pay as a liquidated debt, the commission payable by Australis to the agency.
- In the event where Australis or its agent refers the overdue account to a lawyer, the Client shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
Returns, Order Cancellations and Warranty Policy
All Returns and Order Cancellations are at the sole discretion of Profilium.
Refund payments for all Returns and Order Cancellations will be made within 7-days from the date of the Return or Order Cancellation being accepted by Profilium.
Upon receipt of our Order, please check all of the goods to ensure they are in unused, good, saleable condition. Returned goods not in a saleable condition will not be subject to a refund.
If you find any potential manufacturing errors or non-conformances that may be considered a warranty claim, please advise us immediately and no more than 7-days from delivery of your order. Please note that small blemishes on the surface of the anodising of the aluminium profiles are considered part of the normal manufacturing process. These often present as darker gray flecks on the silver anodised profiles or light grey flecks on the black anodised profiles and will be smooth to the touch. These are not considered a warranty issue. Scratches may sometimes occur during shipping. A scratch will clearly penetrate the anodising and the surface around the scratch will be rough to the touch.
Aside from Warranty claims, all other Returns must be communicated in writing to Profilium within 3-business days of the receipt of the Goods and prior to the Customer making a return of the goods. Profilium reserves the right to refuse a refund where the Purchaser has simply changed their mind. If we accept an Order Return, the goods being returned MUST be unused, undamaged and in their original merchantable condition, including in the original packaging (if any) with no cuts, drills or taps made by the customer. We reserve the sole right to determine if goods are of merchantable quality and may categorically reject a return at our discretion. This refund policy does not apply to goods which have been customised including, installed, cut, drilled, tapped, modified, used, damaged after delivery, or if any attempt has been made to alter the product, or if they have been scratched, dropped or broken. All products must be returned in their original condition.
A restocking and handling fee of 10% of the order or item value, or AUD$50.00, whichever is the greater, applies to all Returns and will be deducted from any monies subject to a refund.
All shipping/ freight, handling & administration, postage and insurance costs associated with returning or cancelling any order are the sole responsibility of the Purchaser. We recommend that you return the product via Registered Post or Courier and that you pre-pay all postage. The Purchaser will assume any risk of lost, theft or damaged goods during transit of returned goods, and we therefore advise you take out shipment registration and insurance with your shipping provider. Neither Profilium or Australis will be responsible for parcels or goods that are lost or damaged in transit if you choose not to insure.
Returns are not available for any customised work, cut to length profile or special orders. Customised work and special orders includes but is not limited to any aluminium profile that has been cut to size, drilled or tapped. Special orders include any product that has been specially imported for the Purchaser.
Under our Warranty provisions, Profilium will gladly offer a refund for any purchases that are not fit for purpose or are defective upon delivery (provided the damage/ defect is not caused in transit to the Purchaser or by incorrect installation or use of the product by the Purchaser) and subject to the Purchaser following strict instructions regarding the provision of information regarding shipping damage and isolation of material in case of insurance inspection. For more information please refer to the section on Shipping/ Transit Insurance Policy above.
Unless by prior written agreement, Order Cancellations are only possible within 1-business day of placing your order and only for non-custom (standard) products including but not limited to uncut bars of profile. Cancellations for custom work/ special order are not permitted, except we may consider an Order Cancellation for Custom work/ special orders if the goods to be supplied have not yet been customised or that our supplier has not already accepted the order.
An order cannot be cancelled once it has been confirmed for dispatch or if a special order has begun production in our workshop. Under these circumstances, you may apply for a Return, please see conditions above.
An administration fee of 5% of the order value, or AUD$25.00, whichever is the greater, applies to all Order Cancellations.
Warranty for Supply of Goods only
The Purchaser (hereafter “the Buyer”) of any t-slot aluminium profile or accessories (hereafter “the Goods”) manufactured by Alusic SRL or its counter-parts and supplied by Australis Engineering Pty Ltd, trading as Profilium, (hereafter referred to as the “Seller”) agrees to accept the following warranty conditions that are publicly available on the aluminiumprofile.com.au website and form part of our Terms and Conditions of Sale.
- Statutory consumer provisions shall apply to the rights of the Buyer in the event of material defects of the goods purchased, unless otherwise specified below.
- Good shall be supplied in good condition, free of defects and fit for purpose as exclusively defined by the manufacturer, Alusic SRL (Alusic), located at Via Bologna, 10/A – 12084 – Mondovì ITALY.
- The basis of our liability for defects is based exclusively on the warranty provisions provided by the manufacturer, Alusic. Conditions guiding the quality and purpose of the goods must be read as per the specifications of Alusic’s publicly available and published parts catalogues and/or in accordance with their quality certifications, both of which are published and updated on Alusic’s website from time to time – https://www.alusic.com/en/ . Insofar as the quality has not been agreed in these documents, it must be assessed in accordance with statutory provisions whether there is a defect or not. Claims regarding quality or purpose that are made in other advertising materials or by third parties regarding the purpose or quality of the goods cannot be relied upon.
- The onus is on the Buyer to check all deliveries for any defects or damages at the time of the delivery of the goods and defects must be reported in writing to the Buyer within three (3) working days of the delivery.
- A Buyer’s claims for defects presuppose that they have complied with their inspection and notification obligations. If a defect appears at time of delivery, inspection, or at any later point in time, this must be reported to us immediately in writing. In any case, obvious defects must be reported in writing within three (3) working days of delivery (as dated per the delivery manifest) and defects not visible during the initial inspection within the same period from discovery. With the exception of defects in manufacturing, if the Buyer fails to carry out a proper inspection and/or report a defect, our liability for the defect not, or not in time, or not properly reported, shall be excluded.
- At all times, these warranty conditions do not cover any claim for defects caused by user error, incorrect installation on the part of the Buyer, or the Buyer’s mistreatment of the goods. Similarly, if in the exclusive assessment of the Seller (as the manufacturers representative) or the manufacturer themselves, the Goods have not been properly used or maintained and the incorrect use, or lack of maintenance has caused a defect, then our warranty will not cover the non-conformance of the goods.
- If the delivered goods are defective, the Seller can at its sole discretion, opt for resolution to the Buyer by eliminating the defect (repair or rectification) or by delivering replacement goods (replacement delivery). Our right to refuse subsequent performance under the statutory conditions shall remain unaffected.
- The Buyer must give us the time and opportunity necessary for the subsequent resolution owed, in particular to hand over the defective goods for inspection purposes. In the event of a replacement delivery, the Buyer must return the defective goods to us in accordance with statutory provisions. The subsequent performance of a resolution does not include the removal of the defective goods nor the re-installation if we were not originally obliged to install it.
- If there is actually a defect, the Seller shall bear the expenses necessary for the purpose of inspection and subsequent resolution, in particular freight and replacement good’s costs (not: removal and installation costs). Otherwise we can demand reimbursement from the Buyer for the costs arising from the unjustified request to remedy the defect (in particular testing and freight costs), unless the lack of defectiveness was not apparent to the Buyer.
- Except as provided for in NSW State Law, the Seller shall under no circumstances be liable for any consequential loss to any party arising from any defect in the goods or failure of the goods to perform or delays by third parties to provide replacement parts or materials and to which the Seller has no control.
- No variation of any of the warranty terms contained herein shall be of any force or effect unless agreed to in writing and signed by both parties.
Warranty for Equipment or Structures Built and Supplied by Profilium
The Purchaser (hereafter “the Client”) of any t-slot aluminium profile based structure or equipment (hereafter “the Goods”) manufactured and supplied by Australis Engineering Pty Ltd, trading as Profilium, (hereafter referred to as the “Seller”) agrees to accept the following warranty conditions that are publicly available on the aluminiumprofile.com.au website and form part of our Terms and Conditions of Sale.
Australis warrants that the Goods will be free from defects due to faulty workmanship, or materials for a period of 12-months from the date of delivery of our equipment subject to the following warranty conditions:
- Our warranty applies to the Goods being used on a single working shift per day only. If the Goods are being used on multiple shifts on any days our warranty period is reduced by half.
- Where another Company, Sub-Contractor or other Entity (“Third Party”) supplies manufactured parts or services to Australis and that form part of the Goods supplied to the Client, then the Third Party warranty conditions will apply for the parts or services that they have supplied only.
- If delivery of the Goods is delayed by the Client for any reason, the warranty period will commence from the “Completion of Manufacture” date advised by the Seller. The Seller will not be liable for damages to Goods stored at our premises where delivery has been delayed by the Client, meaning that responsibility to insure the Goods whilst we store them on our premises will pass to the Client at date nominated as Completion of Manufacture.
- All potential warranty claims must be notified in writing to the Seller within three (3) business days of discovery of the defect. The Seller will acknowledge receipt of the warranty notification, and in good faith, act as quickly as possible to investigate and where necessary, rectify the defect.
- Upon delivery of the Goods, the onus is on the Client to inspect the goods for defects including manufacturing defects or damages resulting from shipping. Inspection of the Goods must occur immediately and the Seller must be notified in writing within three (3) business days of the delivery of the potential defects. Please also refer to Clause 6 and 7.
- If on the Client’s direction we have insured the Goods for damages during transit, the Client must immediately inspect the Goods upon delivery and if damages are evident, must notify us in writing within one (1) business day of the delivery and outlining the details of the damage.
- To help support any insurance claim for damages caused during shipping, the Client must provide adequate evidence as directed by the Seller and at the Clients cost. The Client agrees to cooperate in full to resolve any insurance claim that may result from damage caused during transit, including but not limited to; granting site access for an insurance assessment and providing evidence, including witness statements, photographs, video or similar evidence to support any insurance claim.
- Our warranty does not cover any defect caused by operator error, incorrect installation on the part of the Client or its nominated third parties, or the Clients mistreatment of the Goods, and if in the sole opinion of the Seller, the Goods have not been properly maintained and the incorrect use, incorrect maintenance, or lack of maintenance has caused a defect, our warranty will not cover the defect.
- A warranty claim will not be accepted if the Goods have not been installed by the Seller or its nominated delegate, and the defect has occurred as a result of faulty or incorrect installation. This may include instances where the Client, within the warranty period, moves or relocates the Goods after initial installation by the Seller.
- If during the warranty period, the Goods have been modified by the Client in any way without prior written authorisation from the Seller, our warranty responsibilities will immediately cease.
- Upon the Seller’s direction, the defective Goods must be returned to us for inspection or repair. If it is not practical to return the Goods for inspection or repair then the Seller must agree that any alleged defect is due to faulty workmanship or materials prior to accepting responsibility for the costs of a resolution. Photographic or video evidence of the defect may be required and will be provided at the Client’s cost. If the Goods are returned to us, our warranty does not cover any costs associated with the dismantling or reassembly of the Goods on the Client’s site.
- Should the Goods not perform satisfactorily due to non-disclosure by the Client of all relevant operating variables, parameters and product characteristics used by the Seller in good faith to design a structure, then any modifications required to achieve satisfactory performance will be charged to the Client at our normal charge-out rates and these changes will not be considered a defect or warranty claim.
- If the responsibility for a defect is accepted (approval of a warranty claim), the Seller will at its discretion:
a) repair the defect in our workshop or at the Client’s site; or
b) replace the defective Goods with equivalent replacement Goods; or
c) at Australis’ sole discretion, pay the reasonable cost to the Client of either a) or b). In these circumstances, the Client must not proceed to make good without the express written authorisation of the Seller to accept the reasonable costs of rectification.
- In all circumstances, back-charges or invoice payment offsets (if any) by the Client are void unless the Seller has been:
a) notified in writing of a warranty issue in accordance with these Conditions and been given no less than five (5) business days to investigate and respond to the claim; and
c) has subsequently agreed to any reasonable rectification charges in writing which must be no greater than the minimum cost necessary to resolve the claim and must exclude any profit; and
e) back-charges and offsets will not apply to any variations by the Client in the scope of works that are not deemed to be a warranty claim.
- Unless specified in statutory provisions, our rectification liability does not cover any costs for freight or taxes associated with replacing or returning defective goods.
- If it is agreed to attend the Client’s site to repair the defective Goods, this will be done as soon as possible during our normal working hours which are: 7.00am to 3.00pm Monday to Friday. If the Client requires that a potential warranty call-out be undertaken outside the normal working hours, then the Client must pay the difference between our normal time rates and the overtime rates for all overtime work. Repairs undertaken outside of normal time hours are subject to the availability of our trades people and relevant materials, however the Seller will endeavour to complete rectification at the earliest time possible.
- Unless expressly outlined in our quotation, if the Client’s site is outside of the Sydney Metropolitan area, the additional cost of attending the Client’s site to assess and rectify a warranty claim will be charged to the Client and the Client agrees to pay these charges in full and net 7-days. The additional costs may include but are not limited to the following: travelling time, accommodation, travel costs and meal allowances.
- When a warranty call-out has been pre-arranged, the Client agrees that all relevant Goods will be available and ready to be serviced at the appointed time and that all product types will be available to facilitate testing of the Goods. Failure to have the Goods available at the pre-arranged time due to no fault of the Seller or failure to have sufficient type and quantity of product available for testing due to no fault of the Seller will result in charges for our time and disbursement costs being raised against the Client and the Client agrees to accept and pay these charges in full and net 7-days.
- All warranty service calls will cease to be free of charge once the fault has been repaired and the Seller’s personnel are satisfied that the Goods are working correctly and any additional non-warranty work conducted during a warranty call-out will be fully chargeable to the Client as a variation and the Client agrees to accept and pay these charges in full and net 7-days.
- Should the Client request our personnel to continue monitoring the Goods after being advised by us that that the defects have been rectified, the Client must pay for the additional costs for our personnel to stay on site and the Client agrees to accept and pay these charges in full and net 7-days. The additional costs may include all or some of the following: labour, meals, accommodation, travel costs and meal allowances.
- If Australis attends a warranty call and it is found that the problem is the fault of others, the Client must accept and pay for all reasonable costs incurred by us to attend your site and the Client agrees to accept and pay these charges in full and net 7-days.
- Except as provided for in NSW State Law, the Seller shall under no circumstances be liable for any consequential loss to any party arising from any fault in the equipment or failure of the equipment to perform or delays by third parties to provide replacement parts or materials and to which the Seller has no control; and
- No variation of any of the warranty terms contained herein shall be of any force or effect unless agreed to in writing and signed by both parties.
Intellectual Property Rights and Confidentiality
- All drawings, designs, specifications and any other information provided in connection with a job, project, quotation or enquiry supplied by Australis to a Client are strictly confidential and remain the intellectual property of Australis Engineering Pty Ltd, ACN 002 646 620; and
- Information supplied by Australis to the Client is confidential. No information provided to the Client during the quoting process may be reproduced in whole or in part, nor is information, including but not limited to engineering designs, layouts, photos, video, scopes of work or prices are to be disclosed to any third party without our express written permission. The Client, to whom information is being provided, accepts that any such disclosure of confidential information is likely to cause material damage to our business which we will be entitled to recover from the Client; and
- Both Australis and the Client shall:
i. mutually keep confidential, and not use, access, copy or disclose any confidential information except as permitted by this or otherwise outlined in these terms and conditions or consented to by either party in writing; and
ii. immediately notify the other Party, if the disclosing Party becomes aware of any loss or unauthorised use, access, copying, disclosure or publication of any confidential information;
- Australis and the Client may, to the extent necessary, use confidential information for the purposes of performing its obligations or exercising its rights arising under these terms and conditions of sale.
- Australis and the Client may disclose confidential information to their own Personnel who have a specific need to access that confidential information for the purposes of enabling the relevant Party to perform its obligations or exercise its rights arising under the Agreement provided that:
i. the relevant Party’s Personnel have first been made aware of the terms upon which the confidential information has been disclosed to them and a duty to handle such confidential information in confidence is imposed upon the relevant Party’s Personnel;
ii. the relevant Party’s Personnel ensures that their Personnel comply with the terms of this clause as if they were parties to the Agreement; and
iii. any breaches of this clause by the that Party’s Personnel shall be deemed to be breaches by that Party.
- The confidentiality obligations in this clause do not apply to Confidential Information which:
i. is or becomes public knowledge other than as a result of a breach of confidence;
ii. is lawfully obtained by Australis or the Client from a third party without any confidentiality obligation (other than as a result of a breach of confidence);
iii. is independently developed by Australis or the Client without reference to any obtained confidential information; or
iv. the Supplier is required to disclose to comply with any applicable Law, legally binding court order, request by a governmental agency or under the rules of a stock exchange; and
v. the burden of proving that confidential information falls within an excluded category in this clause rests with the accusatory Party.
- Except to the extent otherwise agreed between Australis and the Client in writing, nothing in these T&C’s operates to transfer ownership of any Background IP Rights from either Party or any third party to the other Party. All such Background IP Rights are and remain owned by the relevant Party or third party. Australis grants the Client an irrevocable, non-exclusive, transferable, royalty-free licence to use Background IP Rights in connection with the Work and for the use, repair, maintenance, upgrade or modification of its products and equipment; and
- For all work provided by Australis, we reserve the right to capture, record and utilise media of the project, services, goods or equipment for marketing and promotional purposes and this may be excluded from the definition of confidential information where the media is solely of the Australis project, services, goods or equipment (including being in-situ at the Client’s site and with the Client’s product in use).
Title of Goods, Liens and Security Interests
- The Title of Goods and Equipment does not pass to the Client until the Client has made full and clear payment of all monies due to Australis and Australis reserves the right, in accordance with the provisions of the Commonwealth Government’s, Personal Properties Securities Act 2009, to register an interest or lien, seize, repossesses or sell the Goods and Equipment in order to recover all outstanding monies owed to it by the Client in accordance with the terms and conditions outlined below.
- Purchase orders made to Australis shall have a general and particular possessory lien upon all Goods (which in this clause includes any documents relating to those Goods) of the Client whatsoever which are in the possession or under the control of Australis until all accounts due to Australis by the Client, consignee or owner of such Goods are paid in full (including all costs and expenses incurred by Australis in recovering or enforcing payment of such accounts). Australis is entitled to detain any Goods and may decline to effect delivery even where accounts are not overdue for payment. Australis may sell all or any of the Goods by public auction or private treaty without notice to the Client and apply the proceeds of sale to offset the debt in part or in whole depending on the sale amount. If the sale of the Goods does not offset the whole debt (including sale costs) then the balance shall remain due and payable to Australis. If the proceeds of the sale are in excess of the debt due, Australis will credit the difference to the Client.
- Words in italics shall have the same meaning and definitions set out in the Personal Properties Securities Act 2009 (Cth),(the PPS Act).
- The Client acknowledges that by virtue of these T&C’s, Australis has a security interest in the Goods and Equipment for the purposes of the PPS Act and the proceeds of sale of such goods and equipment and to the extent applicable, the PPS Act applies to any agreement pursuant to the T&C’s.
- The Client acknowledges that Australis may do anything reasonably necessary, including but not limited to registering any security interest which Australis has over the goods and equipment or the purchase money security interest (PMSI) in the Goods and Equipment on the Personal Properties Security Register (PPSR) in order to perfect the security interest and comply with the requirement of the PPS Act.
- The Client waives pursuant to section 157(3) (b) of the PPS Act the right to receive notice of a financing statement, financing change statement, or a verification statement in relation to any registration on the PPSR.
- The rights of Australis under this document are in addition to and not in substitution for Australis’ rights under other law (including the PPS Act) and Australis may choose whether to exercise rights under this document, and/or under such other law as it sees fit.
- The following provisions of the PPS Act do not apply and, for the purposes of section 115 of the PPS Act are “contracted out” of this document in respect of Goods or Equipment that are not used predominantly for personal, domestic, or household purposes:
i. sections 95 (notice of removal of accession to the extent it requires Australis to give notice to the Client), 96 (retention of accession), 125 (obligations to dispose of or retain collateral);
ii. section 130 (notice of disposal to the extent it requires Australis to give notice to the Client);
iii. section 132 (3) (d) (contents of statement of account after disposal);
iv. section 132 (4) (statement of account if no disposal);
v. section 135 (notice of retention)
vi. section 142 (redemption of collateral); and
vii. section 143 (re-instatement of security agreement).
- The following provisions of the PPS Act:
i. section 123 (seizing collateral);
ii. section 126 (apparent possession);
iii. section 128 (secured party may dispose of collateral);
iv. section 129 (disposal by purchase); and
v. section 134 (1) (retention of collateral)
confer rights on Australis. The Client agrees that in addition to those rights, Australis shall, if there is a default by the Client, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Client agrees that Australis may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
- The parties agree not to disclose information of the kind that can be requested under section 275 (1) of the PPS Act. The Client must do everything necessary on its part to ensure that section 275 (6) (a) of the PPS Act continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Australis the benefit of section 275 (6) (a) and Australis shall not be liable to pay damages or any other compensation or be subject to injunction if Australis breaches this sub-clause.
- The Client undertakes:
i. Promptly to do all things including signing any further documents and providing any further information which Australis may reasonably require to enable it to perfect and maintain the perfection of its security interest or PMSI (including by registration of a financing statement or financing change statement on the PPSR and the Client warrants that such information the Client provides will be complete, accurate and up-to-date in all respects);
ii. To give Australis not less than 14 days prior notice of any proposed change in the Client’s name or any other change in the Client’s details (including, but not limited to, changes in its address, phone, facsimile number, email address and trading name).
Consequential Loss and Force Majeure
- Except as provided for in NSW State Law, Australis shall under no circumstances be liable for any consequential loss to any party arising from any delay in delivery of the Goods; fault in the Goods; or failure of the Goods to perform.
- Australis will have no liability to the Client in relation to any loss, damage or expense caused by Australis’ failure to complete an order or contract including but not limited to, as a result of fire, flood, tempest, earthquake, act of terrorism, riot, civil disturbance, theft, crime, strike, lock-out, war or the inability of Australis’ suppliers to supply necessary materials or any other matter beyond Australis’ control.
Your personal and financial privacy and security are important to us.