Legal
Terms & Conditions
The terms on which Schmick Industries Pty Ltd provides this website and supplies fabrication, welding, machining and finishing work.
1. About these terms
These terms and conditions govern your use of schmickindustriestec.site and the supply of goods and services by Schmick Industries Pty Ltd (ABN 93 698 355 556, ACN 698 355 556) — "we", "us", "our". By using this website or accepting a quote from us, you agree to these terms.
Where we issue a written quote or work order, that document and these terms form the agreement between us. If there is any inconsistency, the written quote prevails to the extent of the inconsistency.
2. Quotes, orders and prices
- A quote is an offer to supply the scope described in it. Unless it says otherwise, a quote is valid for 30 days from its date.
- A quote is based on the drawings, dimensions, materials, quantities and finish supplied to us at the time. If any of those change, or if concealed damage or additional work is found once a component is stripped or inspected, we will re-quote before continuing.
- Prices are in Australian dollars. Unless a quote states otherwise, prices exclude GST, freight and delivery.
- An order is accepted only when we confirm it in writing.
3. Your information and materials
You are responsible for the accuracy of the drawings, measurements, specifications and samples you give us, and for confirming that what you have specified is fit for its intended duty. Where you supply the material, you warrant that it is suitable for the process and free of contamination or coatings that would make it unsafe to cut, weld or heat.
We may refuse or stop work where we reasonably consider it unsafe, unlawful, or beyond what we can perform to an acceptable standard.
4. Delivery, timing and collection
Any date we give is our genuine estimate based on the workload and material availability at the time of quoting. We will tell you as soon as practicable if a date is going to move. Time is not of the essence unless we agree otherwise in writing.
Risk in goods passes to you on delivery or on collection, whichever occurs first. Title in goods does not pass until we have received payment in full. Goods left with us for more than 60 days after we have notified you they are ready may be subject to reasonable storage charges.
5. Payment
Unless agreed otherwise in writing, invoices are payable within the period stated on the invoice. Where a job requires materials to be purchased specifically for it, we may require a deposit before ordering. We may suspend work on an account that is overdue, after giving you notice.
6. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
For goods, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
For services, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value, if we fail to provide the service with due care and skill or fit for purpose within a reasonable time.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
7. Warranty on our workmanship
In addition to your rights under the Australian Consumer Law, we will remedy defects in our workmanship reported to us in writing within a reasonable period of delivery. That warranty does not extend to fair wear and tear, misuse, overloading, modification by others, corrosion arising from a service condition you did not tell us about, or failure of material you supplied.
Tell us before any remedial work is carried out by a third party. We are not liable for the cost of third-party rectification we were not given the opportunity to assess.
8. Limitation of liability
Subject to clause 6 and to the extent permitted by law:
- our total liability arising out of or in connection with the supply of goods or services is limited, at our option, to re-supplying the services, repairing or replacing the goods, or paying the cost of having that done;
- we are not liable for indirect or consequential loss, loss of profit, loss of production, loss of contract or downtime costs; and
- our liability is reduced to the extent that your act or omission, or the inaccuracy of information you supplied, caused or contributed to the loss.
9. Intellectual property
The content of this website — text, layout, code, graphics and the Schmick Industries name and marks — is owned by us or licensed to us and is protected under the Copyright Act 1968 (Cth). You may view and print pages for your own business purposes. You may not reproduce, republish or commercially exploit the content without our written permission.
Drawings, designs and specifications you supply remain yours. Drawings and designs we create as part of a job remain ours unless the quote says otherwise, and you receive a licence to use them for the operation and maintenance of the goods we supplied.
10. Website use and availability
Information on this website is general in nature and does not form a quote, a technical specification or engineering advice. We take care to keep it accurate but do not warrant that it is complete or current, and we may change it at any time. We do not warrant that the website will be uninterrupted or free of errors.
You must not use this website in a way that is unlawful, interferes with its operation, or attempts to gain unauthorised access to any system connected to it.
11. Cancellation and termination
You may cancel an accepted order by written notice. If you do, you remain liable for materials already purchased for the job and for work performed up to the time of cancellation.
We may terminate or suspend an agreement by written notice if you fail to pay an amount when due, become insolvent, or breach these terms and do not remedy the breach within 14 days of being asked to. Termination does not affect rights or obligations that accrued before it.
12. Force majeure
Neither party is liable for a delay or failure to perform caused by an event beyond its reasonable control, including material supply failure, industrial action, fire, flood, storm or a government direction. The affected party must notify the other promptly and take reasonable steps to limit the effect.
13. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
14. Governing law
These terms are governed by the laws of the State of Western Australia and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and of the courts able to hear appeals from them.
15. General
If any provision of these terms is held to be invalid or unenforceable, it is severed and the remaining provisions continue in force. A failure to enforce a provision is not a waiver of it. We may update these terms from time to time; the version published on this page at the date of your quote applies to that job.
16. Contact
Questions about these terms should be sent to ceo@schmickindustriestec.site. Schmick Industries Pty Ltd, ABN 93 698 355 556, ACN 698 355 556, Western Australia 6220.
Ready to put a job through?
Send the drawing and we will quote it in writing against these terms.