Terms of Service

Terms and Conditions of Sale

1. Definitions

  • “ACL” refers to the Australian Consumer Law Schedule of the Competition and Consumer Act;
  • “Agreement” refers to any arrangement for the provision of goods or services by Plant & Engineering Services to the Customer;
  • “Consumer” is defined according to the ACL, and the determination of whether the Customer is a consumer is made based on the Agreement;
  • “Customer” refers to the individual or entity, including joint parties if applicable;
  • “Goods” refers to products supplied by Plant & Engineering Services to the Customer;
  • “GST” means any government-imposed consumption tax, including but not limited to goods and services tax, value-added tax, and other similar taxes;
  • “Services” refers to services provided by Plant & Engineering Services to the Customer;
  • “Plant & Engineering Services” refers to Process Plant Network Pty Ltd (ACN 84 606 040 000);
  • “PPSA” stands for the Personal Property Securities Act 2009 (Cth) and its amendments;
  • “Tax Invoice” refers to a valid tax invoice as per section 29-70 of A New Tax System (Goods and Services Tax) Act 1999, or any future amendments;
  • “Terms” refers to these Terms and Conditions of Sale.

2. Basis of Contract

2.1 Unless otherwise agreed upon in writing by Plant & Engineering Services, these Terms exclusively apply to each Agreement and cannot be changed by any other terms or conditions.
2.2 Any quotation issued by Plant & Engineering Services is an invitation for the Customer to place an order, and is valid for 30 days, subject to prior sale. This quotation may include additional terms that do not conflict with the Terms and must be in writing.
2.3 The Agreement becomes binding once Plant & Engineering Services accepts the Customer’s offer in writing or provides the Goods or Services.
2.4 Plant & Engineering Services reserves the right to reject any order.
2.5 These Terms can be amended or varied by Plant & Engineering Services through written notice to the Customer, and such changes will apply to orders placed after the notice date.

3. Pricing

3.1 All amounts payable by the Customer are exclusive of GST and other taxes, duties, or charges imposed on the Goods or Services. The Customer must pay any GST and other applicable taxes on demand.
3.2 The Customer is responsible for all shipping and insurance costs associated with the delivery of Goods unless otherwise agreed.
3.3 Plant & Engineering Services reserves the right to adjust its prices at any time before final order confirmation without notice.
3.4 If there is a change in costs beyond Plant & Engineering Services’ control, the price may be adjusted even after order confirmation.

4. Payment

4.1 Full payment must be made before Goods are removed from Plant & Engineering Services’ premises unless otherwise agreed.
4.2 Payment by cheque is only deemed made once the cheque has cleared.
4.3 Payment terms may be revoked or changed by Plant & Engineering Services at its discretion, with immediate notice to the Customer.
4.4 Timely payment is essential.

5. Payment Default

5.1 If the Customer defaults on payment, all amounts due under the Agreement become immediately payable, and Plant & Engineering Services may take appropriate actions including charging interest, recovering legal costs, ceasing further delivery of Goods or Services, or terminating the Agreement.
5.2 Default conditions apply if the Customer enters bankruptcy, insolvency, or liquidation.

6. Passing of Property

6.1 Title of the Goods remains with Plant & Engineering Services until full payment is received.
6.2 The Customer is required to hold the Goods in trust for Plant & Engineering Services and is not to sell or alter them until payment is made.
6.3 Plant & Engineering Services has the right to enter the Customer’s premises to recover Goods if payment is not received.

7. Personal Property Securities Act

7.1 These Terms are a security agreement under the PPSA, and Plant & Engineering Services holds a continuing security interest in the Goods and their proceeds.
7.2 The Customer must cooperate to ensure that the security interest is properly registered.
7.3 The security interest attaches when the Goods are collected or dispatched from Plant & Engineering Services’ premises.

8. Transport, Risk and Insurance

8.1 The Customer must arrange for transportation of the Goods within 7 days of notification.
8.2 If the Customer does not collect the Goods within this time, they are considered delivered, and storage charges apply.
8.3 Risk of loss or damage passes to the Customer once the Goods leave Plant & Engineering Services’ premises.

9. Performance of Contract

9.1 Any dates provided for delivery are estimates, and Plant & Engineering Services is not liable for delays.
9.2 Plant & Engineering Services will make reasonable efforts to meet delivery timelines.

10. Acknowledgments

10.1 The Customer acknowledges that Goods are not custom-made for their specific needs and that they have not relied on any advice from Plant & Engineering Services in relation to their suitability.
10.2 The Customer is solely responsible for ensuring that the Goods are suitable for their intended use.

11. Pre-Delivery Inspection

11.1 The Customer is responsible for inspecting the Goods before purchase.
11.2 Plant & Engineering Services recommends inspection, but declines any responsibility for issues arising from the Customer’s failure to inspect.

12. Liability

12.1 Unless otherwise specified, Plant & Engineering Services does not offer additional warranties outside of those expressly stated.
12.2 If the Customer is a consumer, their statutory rights under the ACL are unaffected.
12.3 Plant & Engineering Services is not liable for indirect or consequential losses, including loss of profit or business, except as required by law.

13. Cancellation

13.1 Plant & Engineering Services reserves the right to cancel orders if delivery is not possible.
13.2 The Customer may not cancel an order once accepted by Plant & Engineering Services.

14. Force Majeure

14.1 Plant & Engineering Services is not liable for failure to perform due to unforeseen events, including natural disasters, strikes, or other events beyond its control.

15. Privacy

15.1 Plant & Engineering Services complies with privacy laws to ensure personal information is handled securely.
15.2 The Customer must also comply with privacy regulations when sharing personal information.

16. Miscellaneous

16.1 The law of Victoria governs these Terms, and disputes fall under the jurisdiction of its courts.
16.2 A failure to enforce these Terms does not waive Plant & Engineering Services’ rights.
16.3 If any provision is unenforceable, it will be severed, and the remaining Terms will continue in force.
16.4 Notices must be sent in writing and will be deemed received as specified.