1. Acceptance
By placing an order, the Customer agrees to be bound by these terms and conditions. No amendments or variations to these terms and conditions shall be binding unless expressly agreed in writing by Metaltex Australia Pty Ltd.
2. Pricing
All prices are in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST), unless otherwise stated. Prices are subject to change without notice.
3. Payment
Payment terms shall be as specified in the Order Confirmation. Metaltex Australia Pty Ltd reserves the right to require full or partial payment in advance, or other security satisfactory to the Company, at any time. Failure to make timely payments may result in the suspension or cancellation of the order.
4. Delivery
Delivery dates provided in the Order Confirmation are estimates only. Metaltex Australia will make reasonable efforts to meet the estimated delivery date but shall not be liable for any loss or damage resulting from any delay in delivery. Risk of loss or damage to the Goods shall pass to the Customer upon delivery.
5. Inspection & Acceptance
The Customer must inspect the Goods immediately upon receipt and notify Metaltex Australia Pty Ltd in writing of any defects, shortages, or non-conformity within seven (7) business days. Failure to provide timely notice shall constitute acceptance of the Goods.
6. Returns & Refunds
Returned Goods will only be accepted by Metaltex Australia Pty Ltd with prior written authorization and subject to the Company’s return policy. Custom-made or specially procured Goods may not be returned. Refunds or credit notes will be issued at Metaltex Australia Pty Ltd.’s discretion.
7. Warranty
Metaltex Australia Pty Ltd warrants that the Goods shall be free from defects in material and workmanship for a period specified in the Order Confirmation or the manufacturer’s warranty, whichever is longer. This warranty shall not apply to normal wear and tear, improper use, or Goods that have been altered or repaired without the Company’s approval. Metaltex Australia Pty Ltd.’s liability under this warranty is limited to repairing or replacing the defective Goods or, at the Company’s discretion, refunding the purchase price.
8. Limitation of Liability
Metaltex Australia Pty Ltd.’s total liability for any loss or damage arising from the sale, supply, or use of the Goods shall be limited to the purchase price of the Goods. In no event shall the Company be liable for any indirect, consequential, or special damages, including loss of profits, loss of business, or loss of goodwill, even if advised of the possibility of such damages.
9. Force Majeure
Metaltex Australia Pty Ltd shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control, including but not limited to acts of God, strikes, lockouts, labour disputes, government regulations, or delays in obtaining materials or transportation.
10. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria.
11. Entire Agreement
These terms and conditions, together with the Order Confirmation, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements, whether oral or written. No modification or waiver of any provision hereof shall be effective unless in writing and signed by both parties.