Terms & Conditions | LTW Engineering Solutions

Definitions
1. “Company” means LTW Engineering Solutions PTY LTD.
2. “Customer” means any person or entity requesting or receiving goods or services from the Company.
3. “Goods” means all fabricated, machined, repaired, or supplied items.
4. “Services” means machining, fabrication, welding, repairs, consulting, or any associated work.
5. “Quote” means a written estimate provided by the Company.
6. “Invoice” means a tax invoice issued by the Company.
Acceptance of Terms
1. These Terms & Conditions apply to all Goods and Services supplied by the Company.
2. Acceptance occurs when the Customer:
  - issues a purchase order,
  - accepts a Quote,
  - provides materials, or
  - instructs the Company to commence work.
3. Any Customer terms are expressly excluded unless agreed to in writing by the Company.
Quotes & Pricing
1. Quotes are valid for 30 days unless otherwise stated.
2. Quotes are based on information supplied by the Customer and may be revised if:
  - drawings are incorrect or incomplete,
  - material condition differs from description,
  - scope changes occur, or
  - additional work is required.
3. All prices are exclusive of GST, freight and packaging. General consumables are included unless stated otherwise.
Variations & Additional Work
1. Any variation to scope will be charged at the Company’s prevailing rates.
2. Verbal instructions are deemed authorised and billable.
3. The Company is not required to provide a revised quote prior to carrying out urgent or necessary additional work.
Customer-Supplied Materials
1. All Customer-supplied materials are accepted at the Customer’s risk.
2. The Company is not responsible for:
  - hidden defects,
  - material failure,
  - incorrect grades,
  - fatigue, corrosion, or prior damage, or
  - scrap, distortion, or failure during machining due to material condition.
Lead Times & Delays
1. Any lead times provided are estimates only.
2. The Company is not liable for delays caused by:
  - material supply issues,
  - breakdowns,
  - labour shortages,
  - force majeure, or
  - Customer delays or changes.
Invoicing
1. Invoices may be issued on completion, progressively, or at agreed milestones.
2. The Company may invoice for work completed even if the project is not fully finalised. This isn’t the Company’s standard operating procedure, and it is only done under certain circumstances, such as delays in materials or changes to the project by the Customer that cause the project to be put on hold.
Payment Terms
1. Standard payment terms are 30 days from invoice date, if you hold an account with the Company or unless otherwise agreed in writing. New Customers or Customers without an account will be required to Pay on Receipt.
2. The Company reserves the right to require upfront payment, progress payments, or full payment prior to release of Goods.
3. Late payments may, at the Company’s discretion, incur interest at 2% per month (compounded monthly), calculated daily from the due date until payment is received in full, together with all recovery costs and legal fees incurred on an indemnity basis. Such charges are without prejudice to any other rights or remedies of the Company.
Non-Payment & Suspension of Work
1. The Company may suspend or cease work immediately if payment is overdue.
2. The Company is not liable for delays or losses caused by suspension due to non-payment.
3. Restarting suspended work may incur additional costs. For example, if a part needs to be set-up again that cost may be charged to the Customer.
Retention of Title
1. Ownership of all Goods remains with the Company until full payment is received.
2. The Company may:
  - retain possession,
  - enter premises to recover Goods, or
  - resell Goods if payment is not made.
3. Risk passes to the Customer upon delivery or collection.
Storage & Abandoned Goods
1. Goods not collected within 14 days of notification may incur storage fees if they exceed 1m².
2. Goods left unpaid for 60 days may be:
  - sold to recover costs,
  - scrapped without liability, or
  - disposed of at the Company’s discretion.
Defects & Warranty
1. The Company warrants workmanship for 30 days from completion.
2. This warranty excludes:
  - fair wear and tear,
  - misuse or modification,
  - incorrect installation, or
  - operation outside design parameters.
3. Liability is limited to repair or rework at the Company’s discretion.
Limitation of Liability
1. To the maximum extent permitted by law:
  - the Company is not liable for indirect, consequential, economic loss, or third-party intellectual property breaches, and
  - loss of profit, downtime, or production loss is excluded.
2. The Company’s total liability is limited to the value of the Goods or Services supplied.
Indemnity
1. The Customer indemnifies the Company against all claims arising from Customer-supplied designs, incorrect specifications, unsafe instructions, or third-party intellectual property breaches.
Engineering Responsibility
1. Unless expressly agreed in writing:
  - the Company does not provide certified engineering design, and
  - no structural or load-rated certification is implied.
2. The Customer is responsible for ensuring compliance with applicable standards and regulations.
3. Certified engineering design and load rated certification can be obtained at an additional fee as the Company would have to liaise with a third party.
Disputes
1. Any dispute must be raised in writing within 7 days of invoice or delivery.
2. Payment of undisputed amounts must not be withheld.
3. Parties agree to attempt resolution in good faith before legal action.
Governing Law
1. These Terms & Conditions are governed by the laws of Queensland, Australia.
2. The parties submit to the exclusive jurisdiction of Australian courts.
Entire Agreement
1. These Terms & Conditions constitute the entire agreement unless varied in writing by the Company.
Severability
1. If any clause is unenforceable, the remaining clauses remain in full force.