TERMS AND CONDITIONS OF SALE
Caldertech Aust. Pty Ltd T/as ProPipe Dynamics

1. Definitions

The Seller: Refers to Caldertech Aust. Pty Ltd T/as ProPipe Dynamics.
The Buyer: Refers to the person, company, or organisation purchasing goods or services from The Seller.
The Conditions: Refers to these Terms and Conditions of Sale, including any additional or special terms agreed upon in writing by both The Seller and The Buyer.
The Agreement: Refers to the contract between The Seller and The Buyer for the sale and purchase of goods or services.
The Quotation: Refers to The Seller’s written offer for the provision of goods or services, which is subject to these Terms and Conditions.
The Purchase Order: Refers to The Buyer’s formal acceptance of The Quotation, forming part of the Agreement.
The Goods: Refers to the goods, products, or services offered by The Seller, including any part or instaLlment.
The Specification: Refers to any description, sample, drawing, or other information provided by The Seller regarding the goods or services.

2. General

These Terms and Conditions apply to all agreements for the sale of goods or services by The Seller and supersede any terms put forward by The Buyer, unless agreed in writing by The Seller. Acceptance of any order or delivery of goods by The Buyer signifies acceptance of these Terms and Conditions.

3. Confidentiality

The Buyer agrees to treat as confidential any information received from The Seller, including specifications, drawings, plans, and commercial details related to the goods or services. This obligation continues post-contract and extends to all employees, agents, or third parties working with The Buyer. All such documents and data must be returned to The Seller upon completion or termination of the contract.

4. Credit Checks and Privacy

The Seller reserves the right to conduct credit checks on The Buyer through credit reference agencies in compliance with the Privacy Act 1988 (Cth). The Seller may check the credit history of directors, partners, or proprietors of The Buyer’s business. Information obtained may be shared with other businesses for credit and fraud prevention purposes.

5. Anti-Money Laundering Compliance

The Seller complies with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and may request confirmation of The Buyer’s identity. The Seller may perform third-party checks and retain information for regulatory purposes. If required by law, The Seller may withhold deliveries or suspend trading, without liability for any resulting losses.

6. Delivery

Delivery of goods will be made to the address specified in the Agreement. Estimated delivery times are provided as a guide, and The Seller will not be liable for any delay. Unless otherwise agreed in writing, delivery will occur during normal business hours. The Buyer must ensure they are available to receive delivery, and failure to do so may incur additional costs.

Each delivery is treated as a separate contract, and payment is due as per the terms agreed, regardless of any issue with previous deliveries.

7. Force Majeure

The Seller will not be liable for delays or failure to perform obligations if caused by circumstances beyond reasonable control, including but not limited to natural disasters, strikes, material shortages, or transportation delays. The Buyer may be subject to additional charges for delays caused by these circumstances. This does not override The Buyer’s rights under the Australian Consumer Law.

8. Liability and Consumer Guarantees

The Seller’s liability for defective goods is limited to repairing or replacing the goods, provided The Buyer notifies The Seller in writing within 14 days of delivery. The Seller is not liable for any indirect or consequential losses, including loss of profits or production, arising from defective goods or delays in delivery.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Australia, and both parties submit to the jurisdiction of the courts of Australia for any disputes arising from the Agreement.

In the event of a dispute arising under this Agreement, the parties agree to attempt to resolve the matter in good faith through mediation prior to initiating legal proceedings. Failing resolution, either party may commence legal proceedings in the jurisdiction of the courts of Australia.

10. Payment Terms

Invoices will be issued upon delivery or completion of the goods or services. Payment must be made within the timeframe specified in the Agreement. Late payments may incur interest at a rate of Reserve Bank of Australia’s cash rate plus 5% or as otherwise agreed. The Buyer is responsible for all applicable taxes, including GST (Goods and Services Tax).

11. Pricing

Prices quoted are exclusive of GST unless stated otherwise. The Seller reserves the right to adjust pricing in response to fluctuations in costs, taxes, or duties beyond The Seller’s control, including currency exchange rates or regulatory changes.

12. Product Recall

In the event of a product recall due to safety concerns or defects, The Seller reserves the right to initiate such a recall in accordance with Australian product safety regulations. The Buyer is required to assist in retrieving affected goods, whether they remain in The Buyer’s possession or have been sold to third parties.

13. Risk and Title

Risk in the goods passes to The Buyer upon dispatch from The Seller’s premises. Ownership of the goods remains with The Seller until full payment has been received. If The Buyer fails to pay for the goods, The Seller reserves the right to reclaim the goods or any proceeds from their sale, and The Buyer must ensure the goods are stored safely and insured until ownership transfers.

The Seller reserves the right to register its security interest in the goods supplied under the Personal Property Securities Act 2009 (Cth). The Buyer agrees to provide all necessary information and cooperation required to facilitate such registration.

14. Quality and Inspection

The goods supplied by The Seller will comply with the specifications outlined in the Agreement. The Buyer is responsible for inspecting goods upon delivery and notifying The Seller of any defects within three working days. The Seller will not be liable for defects that arise after this period or for issues resulting from improper use or handling by The Buyer.

15. Warranty

The Seller provides a limited warranty covering defects in materials or workmanship for a period specified in the Agreement. The warranty does not cover normal wear and tear, misuse, or goods modified by The Buyer. Repairs or replacements will be made at The Seller’s discretion.

16. Termination

The Seller reserves the right to terminate the Agreement immediately if The Buyer breaches the contract, becomes insolvent, or enters liquidation. The Seller may also cancel the Agreement by providing written notice if performance is rendered impractical by circumstances beyond its control.

17. Variation

No variations or amendments to these Terms and Conditions will be binding unless agreed in writing by both The Buyer and The Seller. Failure by The Seller to enforce any part of these Terms and Conditions does not constitute a waiver of rights.

18. Product Samples

If The Buyer inspects a sample of the goods prior to purchase, it is agreed that the sample is provided for The Buyer to assess quality and not as a representation of the bulk goods.

19. Intellectual Property

All intellectual property rights associated with the goods, including but not limited to designs, drawings, and trademarks, remain the property of The Seller, unless otherwise agreed in writing.

This document provides the framework for a legally binding contract between Caldertech Aust. Pty Ltd T/as ProPipe Dynamics and The Buyer. Both parties are encouraged to carefully read and understand these Terms and Conditions before entering into an agreement.