Terms & Conditions

AUSTRALIAN MADE PREMIUM ALLOY TRAYS & CANOPIES

TERMS & CONDITIONS

1.1 Currency: These Terms and Conditions apply to the supply of all Goods and/or Services by LMT AlloyTech to you. 1.2 Agreement: The Agreement between us with respect to relevant Goods and/or Services comprises:

  • 1.2.1 These Terms and Conditions; and

  • 1.2.2 The terms of the relevant Order or Proposal (subject to clause 2.5). 1.3 Acceptance: An Agreement is accepted and binding on the parties when:

  • 1.3.1 We accept an Order communicated by you to us in accordance with clause 2.3;

  • 1.3.2 You accept a Proposal which is capable of acceptance;

  • 1.3.3 You accept delivery of, or any part of, Goods and/or Services pursuant to an Order; or

  • 1.3.4 You make a payment for any Goods and/or Services supplied by us.

 

2.1 Providing a Proposal: We may provide to you a Proposal relating to the potential supply of Goods and/or Services. We may withdraw a Proposal before its acceptance at any time unless the Proposal otherwise expressly provides. 2.2 Accepting a Proposal: If our Proposal is on satisfactory terms, you may accept it in accordance with its terms (if expressly capable of acceptance). 2.3 Order Acceptance: All Orders are subject to our review and acceptance, which we may withhold at our absolute discretion. Acceptance of an Order by us will be communicated in writing (which may include by email) to you. 2.4 Delay in Placing an Order/Proposal Expiry: If an Order is not placed within 14 days of the date of a Proposal, or where expressly capable of acceptance the Proposal is not accepted within the required time period stated, the details and terms provided may be subject to further written confirmation by us at our discretion. 2.5 Additional or Alternative Conditions: Unless otherwise expressly agreed by us in writing, we will not be bound by any terms or conditions added by you in an Order or other communication from you.

3.1 Fees: Unless otherwise agreed in writing, the fees payable by you for the relevant Goods and/or Services shall be the fees stated in the relevant Agreement. You must pay all applicable taxes, charges, disbursements, insurance, and delivery costs in relation to the relevant Goods and Services. 3.2 Deposit: A 10% non-refundable deposit is required prior to the scheduling or commencement of the supply of Goods or Services, or such other amounts or on payment terms as specified by us at our discretion. 3.3 Payment Balance: All final balances and payments shall be made in full on or before the date of substantial completion of the supply (and where applicable, installation) of the Goods or Services. Substantial completion will be determined by us at our discretion. 3.4 Payment Method: Payments are to be made by direct credit to the bank account nominated by us or as otherwise agreed by us in writing. 3.5 Credit Card Fees: If you wish to pay by credit card, an additional charge is payable as a percentage of the total amount. Details of the additional charge are available upon request. 3.6 Costs of Enforcement: We may recover from you any costs we incur in the collection of payment of any invoice. 3.7 Credit: We may offer or withdraw credit at our discretion. Generally, credit is only available if you are a licensed motor dealer or finance institution. 3.8 No Set-Off: You may not set off against any payment any claims you may have against us. 3.9 GST and Fees: Unless otherwise agreed by us in writing, fees with respect to any taxable supply are exclusive of GST. You must pay to us all GST in addition to any other amounts payable by you, which will be payable by you when required to pay for the Goods and/or Services.

4.1 Title: Ownership of the products remains with LMT AlloyTech until full payment is received. We retain absolute title over any Goods supplied until full payment is made. 4.2 Risk: The risk of loss or damage passes to the customer upon delivery or collection. If the installation process is carried out by the customer or a third party, any risk of damage during installation will be the sole responsibility of the customer. You must insure the Goods and/or vehicle against all relevant risks. All risks concerning modifications or incorporated Goods while they are on or about our premises, under our control, or being modified remain with you. You must insure the Goods and/or vehicle against all relevant risks.

5.1 Warranty Coverage: We provide a limited warranty for our products covering manufacturing defects for a period of 12 months from the date of delivery. Any misuse, unauthorised modifications, third-party modifications, or improper installation voids the warranty. 5.2 Exclusions: The warranty applies only to the original purchaser and excludes items such as locks, latches, seals, struts, slides, runners, and hardware, which retain their individual warranties from the supplier.

6.1 Delivery Timelines: Delivery timelines are estimated and may vary. LMT AlloyTech will not be liable for any delays outside of our control. 6.2 Customer Responsibility: Customers are responsible for providing accurate delivery details and ensuring accessibility for installation if required.

7.1 Limitation of Liability: Our liability is limited to the repair or replacement of faulty products. LMT AlloyTech is not liable for incidental or consequential damages arising from the use or inability to use the products. We do not warrant or guarantee any goods or services supplied by third parties, even if they form part of an Agreement. 7.2 No Liability for Delays: We will use reasonable efforts to deliver Goods by the specified date but are not liable for any delays. In the event of a dispute, both parties agree to attempt mediation as a first step before taking any legal action. 7.3 Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions if such failure or delay is due to a Force Majeure Event. A Force Majeure Event includes, but is not limited to, natural disasters, war, strikes, lockouts, pandemics, or any other circumstances beyond our reasonable control.

8.1 Order Cancellations: Order cancellations must be made in writing. The deposit is non-refundable. 8.2 Changes to Orders: Changes to orders may be subject to additional fees.

9.1 Termination by Us: We may terminate an Agreement (in whole or in part) with immediate effect if you suffer or are subject to a Default Event. 9.2 Consequences of Termination: Upon termination, all amounts payable become immediately due in full. Termination does not extinguish or otherwise affect any rights or remedies of either party that arose prior to termination. 9.3 Default Events: A Default Event includes, but is not limited to:

  • 9.3.1 You are unable to pay your debts as they fall due;

  • 9.3.2 You breach any provision of an Agreement that is not remedied within 5 Business Days of our request;

  • 9.3.3 You are wound up, make a composition with creditors, or appoint a liquidator, receiver, or administrator.

These terms are governed by the laws of New South Wales, Australia.

13.1 Personal Pronouns: Except where the context otherwise provides or requires, the terms “we”, “us” or “our” refer to LMT AlloyTech, and the terms “you” or “your” refer to the customer or client. 13.2 Definitions: In these Terms and Conditions, unless otherwise provided or the context requires:

  • ACL: Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) as amended.

  • Agreement: Has the meaning given in clause 1.2.

  • Business Day: A day other than a Saturday, Sunday or public holiday in New South Wales, Australia.

  • Company: Refers to LMT AlloyTech, whose usual place of business is at 30 Camfield Dr, Heatherbrae NSW 2324.

  • Customer or Client: Any person or entity that places an Order with us or accepts a Proposal, or agrees by conduct or by virtue of notice to be bound by these Terms and Conditions.

  • Force Majeure Event: Circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, war, strikes, and supply chain disruptions.

  • Goods: Products supplied by LMT AlloyTech from time to time.

  • GST: Goods and services tax, or a similar value added tax, levied or imposed by the GST Law.

  • GST Law: The A New Tax System (Goods and Services Tax) Act 1999 (Cth).

  • Order: An order for Goods and/or Services in writing received by us.

  • Proposal: A quotation, estimate or proposal by us for the supply of particular Goods and/or Services.

  • Services: Services provided by LMT AlloyTech from time to time.

  • Terms and Conditions: The terms and conditions set out in this document.

These terms are governed by the laws of New South Wales, Australia.

Nothing in these Terms and Conditions excludes, restricts, or modifies any condition, warranty, statutory guarantee, right, or remedy implied or imposed by applicable laws, including the Australian Consumer Law, which cannot be lawfully excluded, restricted, or modified.

For any questions or concerns, please contact us at: LMT AlloyTech

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