Terms and Conditions of Sale

1. Terms and Conditions

The Terms and Conditions set forth herein shall apply to any and all services to be performed by Surface Technology Coatings (hereinafter called the “Company” the business premises of which are situated at 382 Settlement Road Thomastown and comprise all of the Terms and Conditions between the Company and its Customers. No other or different Terms and Conditions shall be applicable unless in writing and signed by the authorised representatives of the Company.

2. The following words and phrases herein shall have the meanings set forth:-

Customer’s Materials – the material provided by the Customer to the Company upon which work is to be performed by the Company.

Customer – the person or company placing an order for the performance of work on the Customer’s materials.

Order – the order placed by the Customer with the Company written or verbal.

3. Notices

All notices demands or other documents provided for in the Terms and Conditions herein shall be served on the Company if delivered or addressed to its address as set out in the Terms and Conditions herein and shall be sufficiently served on the Customer if delivered or addressed to its registered office for the time being or last known place of business.

4. Headings

Headings in the Terms and Conditions herein are for convenience and reference only and shall not affect the interpretation of the terms and Conditions herein.

5. Offer and Acceptance

(a) The written quotation by the Company shall be construed as an offer to provide services upon the Terms and Conditions set forth herein and shall be subject to withdrawal at any time prior to acceptance by the Customer.

(b) Acceptance by the Customer of the quotation and these Terms and Conditions shall be deemed to have been made upon receipt by the Company of the Customer’s materials.

(c) The use of any document or instrument by the Customer to indicate acceptance of confirmation shall be considered for the convenience of the Customer only and any Terms and Conditions therein shall be of no force or effect whatever.

(d) The Company reserves the right to perform such additional services as it in its absolute discretion deems appropriate for the purpose of better perfecting the services to be performed by the Company where the necessity for such additional services does not become apparent until the Company commences work in that event, the Company is entitled to charge for such additional services.

6. Orders and Prices

(a) Notwithstanding acceptance by the Customer of the quotation and the Terms and Conditions aforesaid, the Company shall only be obliged to perform work on the Customer’s materials upon receipt of an order from the Customer which accurately and fully states all essential specifications such as article designation quantity, dimensions, type and grade of material using the common material number, possible conditioning, weight and instructions concerning the surfaces to be treated . The Company reserves the right to request additional information if it is required.

(b) The price is firm for thirty days. Thereafter the quoted price is subject to change. If the Customer’s materials are received after thirty days the Company will advise the Customer of the revised price within seven days. The Customer shall either notify the Company in writing that it agrees to the varied price or it does not so agree. In the latter event the Company will return the Customer’s materials.

(d) All additional expenses, including transport, freight insurance customs, export customs clearance, required import export transit licence and other permits and certification shall be borne by the Customer.

(e) The cost of normal packaging of the material is included in the price. Should the Customer specify any special packaging or handling any additional cost will be added o the price.

(f) Transport insurance should normally be arranged by the Customer and if arranged by the Company is by order and for the risk of the Customer.

7. Delivery and Completion

(a) The Company shall only be responsible for the performance of work on the Customer’s materials within a specific period of time (“completion period”) or by a specific date )”completion date”) if the Company has so agreed in writing and, in any event, subject to these Terms and Conditions.

(b) It is agreed that if agreement is reached on a completion date or a completion period for the performance of work on the Customer’s materials, the Company shall be at liberty in the exercise of its reasonable discretion, to vary the completion period or the completion date in any of the following events:

i) if the payment terms are not adhered to:

ii) if all of the required specifications for executing the order are not supplied with the Customer’s materials or if they are subsequently modified:

iii) if the completion of an order is influenced by events for which the Company is not responsible. Such events include acts of God all plant breakdowns, extraordinary loss of staff for which the Company is not responsible, governmental obstruction in export, import or in the transit of merchandise), fire, governmental restrictions considered “force majeure” and non-receipt of required material.

(c) In the event that the completion date or completion period is varied as aforesaid, the Customer will not be entitled to cancel the order or to make any claim or claims against the Company for any loss or damage whether direct or indirect.

(d) Any agreement as to a completion date or a completion period is an estimate only and time is not of the essence.

(e) The Company reserves the right to make delivery instalments. All such instalments shall be paid for without regard to the subsequent delivery.

(f) No dangerous article may be deposited without the previous knowledge or consent of the Company. Any such article may upon being discovered be destroyed or sold or otherwise disposed of at the sole expense of the Customer. the balance of monies realised by any such sale after paying the costs thereof and incidental hereto shall be credited to the Customer’s account.

(g) Secure packaging of the material shipped to the Company is the responsibility of the Customer and the Company will not be liable for any in transit damage caused by improper packaging.

8. Payment

(a) Unless otherwise specified the Customer shall pay the Company no later than thirty days after receipt of the Company’s invoices.

(b) The Customer has not discharged its payment obligation until the agreed price actually has been credited to the Company in full in Australian dollars.

(c) If the Customer fails to adhere to the agreed payment terms the Company shall charge interest without prior notice at a rate of 5% higher than the rate fixed from time to time under Section 2 of the Penalty Interest Rates Act 1983.

(d) In the event of default on payment the Company is entitled to exercise the right of lien on all unfinished or finished merchandise in its possession in order to secure its claims against the Customer. The Company is entitled to sell on the open market any merchandise against which the right of lien has been claimed if the Customer does not settle the Company’s claim within thirty days from the due date and the Company shall be entitled to pay out of the proceeds of sale the amount owing by the Customer, together with interest thereon and any costs, expenses or damages incurred or paid by the Company arising out of the breach by the Customer.

(e) The Company is not obligated to insure the Customer’s materials in respect of which the Company has a right of lien nor does the Company incur any liability for any loss or damage in relation thereto.

9. Jurisdiction

It is agreed that the forum in which all disputes arising in relation to any agreement between the Company and the Customer for the performance of services of the Customer’s materials and within the Terms and Conditions shall be a Court of competent jurisdiction in the State of Victoria and all such disputes shall be determined according to Victorian law.

10. Claims

(a) The Customer covenants that it will inspect the Customer’s materials immediately upon receipt from the Company and shall notify the Company within fourteen days thereof or in any event prior to the time any further processing assembly or other work has been done on or with such materials of any alleged damage, shortage, defect or other complaint.

(b) If the Customer fails to make any claim as aforesaid it shall be deemed to have accepted the Customer’s materials as processed by the Company and the right to any claims in relation thereto shall be deemed to be waived.

(c) Claims for damage in transit shall be addressed by the Customer prior to acceptance of merchandise at the destination station or to the last carrier.

11. Notification of Defects and Liability

(a) The Company is exempt from any liability relating to concerned with or resulting from incorrect or inaccurate specifications on the order or from processing instructions considered to be unfit by the Company.

(b) The Company is not liable for damage caused by unsuited characteristics of materials submitted for treatment such as material defects, processing residue, manufacturing defects, rust spots and insoluble agents.

(c) The Company is not liable for minor colour deviations, shrinkage expansion, deformity or rupture of the materials damage resulting from contamination in material, deterioration in quality and dimensionable discrepancies and the like.

(d) The Customer is liable for any damage to the Company’s production facilities caused by Customer’s material to be treated.

(e) Liability of the Company shall be limited to the items described in the order.

12. No items shall be returned to the Company without the prior approval of the Company.

13. (a) The Company agrees to re-treat any of the materials sent by the Customer for treatment if it is determined that any treatment accepted by the Company is not in accordance with the specifications contained in the order.

(b) This warranty is in lieu of any other warranties whether expressed or implied, including without limitation the implied warranties of merchantability and fitness. The sole and exclusive remedies of the Customer are those set forth herein.

14. The maximum liability of the Company for any and all claims shall not in aggregate exceed the price paid to the Company pursuant to this Agreement. The Company shall not be liable to the Customer or any third party for loss of business or profit or any other economic loss or any incidental special indirect or consequential damage.

15. Reconditioning and Compensation

(a) Subject to clause 11 hereof, if there are any failures in the treatment provided the Company shall on the Customer’s request recondition the merchandise as far as it is technically feasible.

(b) Subject to clause 11 hereof, if reconditioning is not technically feasible the Company will compensate for damaged merchandise that cannot be used normally and such compensation shall not exceed the price paid to the Company for treating the merchandise.

(c) Treated merchandise can only be stored by the Company if suitable space is available. The Company reserves the right to charge a fee for storing treated merchandise.

16. Taxes and Fees

Any and all taxes or fees imposed by any Federal, State, Municipal or any other Governmental authority with respect to this transaction and any and all duties tariffs or otherwise shall be paid by the Customer.

17. Breach

(a) In the event of the Customer not complying with any of the Terms and Conditions or becoming bankrupt or having a receiver or a receiver/manager appointed over its assets or being the subject of winding up or bankruptcy proceedings or entering into a compromise or arrangement with its creditors or having a judgment entered against it or execution levied against its assets the Company shall be entitled to terminate its Contract with the Customer and to receive payment for the services performed on the Customer’s materials to the date of such termination.

(b) If the Customer terminates the Agreement notice of termination must be received by the Company in writing. In that event the Company shall be entitled to receive an appropriate proportion of the quoted price as relates to the services performed to that date by the Company on the Customer’s materials.

18. For Cash on Delivery transactions

Cash on delivery is a payment option for those customers that do not hold an account with Surface Technology Coatings.

Once the goods are coated, heat treated or nitrided, upon completion the customer is required to pay for services rendered prior to despatch of the goods to the customer.

Please contact our Sales Manager, Natalie Schembri for further details.