Definitions and Interpretations
1. In these terms and conditions:
(a) Agreement’ means the agreement between FUSED FABRICATIONS (the company) and the Purchaser to provide Goods to the Purchaser subject to these terms and conditions as defined in clause 2 below;
(b) ‘FUSED FABRICATIONS’ means FUSED FABRICATIONS PTY LTD
(c) ‘Goods’ means the products and services supplied by FUSED FABRICATIONS to the Purchaser as described in the Quotation or purchase order accepted by FUSED FABRICATIONS;
(d) ‘Purchaser’ means the purchaser of the Goods;
(e) ‘Quotation’ means any quotation given by FUSED FABRICATIONS to the Purchaser;
(f)’PPSA’ means the Personal Property Securities Act 2009 (Cth)
1. Fused Fabrications may amend these terms and conditions by giving notice in writing, any amended terms and conditions shall apply immediately after giving such notice.
2. These terms and conditions, the credit application, the credit terms, and any other written instruction or authority provided by Fused Fabrications to proceed constitutes the entire agreement between the Purchaser and Fused Fabrications to the maximum extent permitted by law
1. Any written Quotation will remain valid for 7 days from the date of issue, unless otherwise stated in the Quotation.
2. The Purchaser acknowledges and agrees that:
(a) it is their responsibility to verify that Goods are fit for purpose;
(b) prices in the Quotation unless specifically stated otherwise are exclusive of GST, freight and other taxes, duties and charges;
(c) all Quotations are strictly confidential and will not be disclosed to any other party;
(d) the prices in the Quotation may vary after the date of issue of the Quotation and that it will pay for additional charges as required by Fused Fabrications or any other party.
Orders & Cancellations
1. Placement of an order, either verbally or in writing, shall imply acceptance of the quotation and of these terms and conditions.
2. No order may be varied or cancelled except with the written consent of Fused Fabrications. Consent may include such terms which will indemnify Fused Fabrications against any losses incurred due to the cancellation.
Terms of Payment
1. Payment must be made prior to the completion of any works unless a credit facility is granted by Fused Fabrications to the Purchaser.
2. If a credit facility is granted, Fused Fabrications will invoice the Purchaser for Goods at the time of supply. All invoices are due and payable within the agreed upon term, or when the approved line of credit is reached.
3. The Purchaser acknowledges and agrees that Fused Fabrications is authorised to allocate the payment of any monies received from the Purchaser against any outstanding Fused Fabrications account of the Purchaser.
4. If the Purchaser defaults in making payment in accordance with these terms and conditions, Fused Fabrications may in its absolute discretion and without notice:
(a) suspend payment discounts;
(b) withdraw the approval of a credit facility and refuse any subsequent orders from the Purchaser for the supply of Goods;
1. The Customer acknowledges that Fused Fabrications may sub-contract all or any part of the works that the Company has been contracted to carry out on such terms as it deems fit.
Cancellation of terms of credit
1. The Supplier reserves the right to withdraw credit at any time, whether the Applicant is in default under the terms of this agreement or not.
2. Upon cancellation with or without notice all liabilities incurred by the Applicant become immediately due and payable to the Supplier.
Consent to Credit Check – PRIVACY ACT 1988
1. The Customer acknowledges and authorises the Company pursuant to the provisions of the Privacy Act 1988 to: (a) seek from or give to Credit Reporting Agency personal information about the Customer at any time after signing this form;
(b) contact any trade references or other credit providers and acquire from them or give to them personal information in relation to the Customer and its credit worthiness; and
(c) Disclose and receive all such personal information concerning its affairs as may be disclosed pursuant to the provisions of the Privacy Act 1988
Disclaimer and Liability
1. It is the purchasers responsibility to ensure that the goods are sufficient and suitable for their purposes and meet the purchasers individual requirements. We do not warrant that the products will meet individual requirements.
2. Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
(d) any other Liability which cannot be excluded or limited by applicable law.
3. Cutting areas 30% or more under the material thickness may produce a poor cut quality and be etched instead.
4. All files are expected to be supplied at a 1:1 scale and will be quoted and cut as per the file scale supplied. It is the responsibility of the customer to ensure files are cut ready.
5. If folding of parts is required:
(a) the bend radius will be dictated by the machine/tooling – not customer drawings
(b) the ‘flat pattern’ must match the cut file exactly (and must not be a mirrored view). Folding instructions (ie. up/down) will be followed based on the assumption that this instruction is followed.
6. Material, unless otherwise specified, is flat sheet/plate
7. The purchaser shall ensure that his/her User Content, and his/her and our use of it, does not infringe anyone’s copyright
8. Fused Fabrications is unable to ensure material remains scratch/blemish/mark free.
In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
Ownership of Scrap Metal
Unless the Customer requests the offcuts or scrap material in writing at the time the order is quoted, Fused Fabrications has the right to dispose of the material at the completion of works
1. The Company will not be in default or breach of any dealing with the Customer as a result of Force Majeure
Material Grade and Specification
1. The Company reserves the option to choose what material grade suits the Customer’s order unless the Customer specifies in writing a particular material grade.
Design of Product
1. In the event that the design of the product is other than that of Fused Fabrications’, Fused Fabrications shall not be liable for any replacement cost or damage as a result of failure of product.
Use of Images for advertising
1. The Customer hereby consents to the Company using images of finished works in its advertising material/on its websites