Terms & Conditions
1. TERMS AND CONDITIONS
(a) Titanium 3D Pty Ltd (ABN 98 656 839 833) (Titanium3D) provides goods and/or services subject to the terms and conditions listed below, unless otherwise agreed in writing.
(b) When a person (the Purchaser) places an order to purchase goods and/or services and that order is accepted by Titanium3D, the Purchaser agrees and acknowledges that these Conditions will be binding on both Titanium3D and the Purchaser for the purposes of the sale of the goods and/or provision of services.
(c) Quotes given by Titanium3D;
(i) will not bind Titanium3D or form part of a contract unless given, or subsequently confirmed, in writing, and accepted by the Purchaser through placement of an Order; and
(ii) may be subject to alteration at any time prior to Titanium3D accepting an Order from the Purchaser.
(e) The agreement between Titanium3D and the Purchaser for the purchase or supply of the goods and/or services will include
(i) these Conditions;
(ii) the Order;
(iii) terms and conditions which are imposed by Law and which are required to be applied; and
(iv) any variation agreed to by both parties in writing.
(f) Titanium3D may vary or amend these Terms and Conditions at any time. Any variations or amendments will apply to quotes or Orders placed after the date of amendment .
2. QUOTES
Titanium 3D Quotes are valid for 28 days. Changes to goods and/or services including alterations of CAD will result in an amended Quote. Titanium3D reserves the right to review and modify pricing without notifying the Purchaser. A lead time will be provided on acceptance of an order. Titanium3D reserves the right to change the specifications of goods and/or services in a Quote, if the need arises, to the extent that these are necessary for improvement of safety, performance or engineering requirements.
3. PRICES
(a) All prices for goods and/or services provided by Titanium3D are in Australian dollars and exclude delivery.
(b) The price payable for the goods and/or services is the price set under a valid and binding Quote (plus delivery and other applicable charges).
(c) Unless otherwise stated in the Quote, prices quoted for export of goods are FCA (Incoterms 2021) with dispatch location nominated by Titanium3D and for non-export are Ex Works (Incoterms 2021).
4. PAYMENTS
(a) The Purchaser must pay the price for the goods and/or services in accordance with the payment terms specified on the invoice provided by Titanium3D.
(b) Payment must be made within 7 days from the date of delivery of the goods
(c) Unless otherwise stated, all amounts payable for the goods are expressed exclusive of any goods and services tax (GST).
5. DEFECTIVE GOODS
(a) If the Purchaser claims that the goods were defective or not the goods specified in the Order, the Purchaser must notify Titanium3D in writing within seven days.
(b) Titanium3D shall not be liable for any loss, deterioration or damage caused to the goods after the passing of risk in the goods to the Purchaser.
6. OWNERSHIP OF GOODS
Ownership in the goods remains with Titanium3D and title does not pass to the Purchaser until Titanium3D has received payment in full for the goods.
7. INDEMNITY
(a)To the fullest extent permitted by law, the Purchaser indemnifies Titanium3D and agrees to keep Titanium3D indemnified, against all loss, liability, costs (including legal costs) and expenses arising directly or indirectly as a result of or in connection with the supply of goods and/or services.
(b) For the avoidance of doubt Titanium3D excludes any liability for legal costs and disbursements on and, without limitation, any indirect or consequential expense, loss or damage, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by the Purchaser under or in connection with these Conditions.
Titanium3D cannot be held responsible for any design flaws or omissions contained within CAD data (files) provided by the Purchaser. All claims of non-conforming parts should be made in writing within 30 days of receipt of goods. Claims after 30 days will not be accepted. Titanium3D should be notified of the intended use of all parts, as inappropriate use may expose operators to serious risk. Titanium3D will not be liable in respect to the misuse of parts. Titanium3D will not be responsible to Purchaser for consequential, exemplary or incidental damages (such as loss of profit or employee’s time) regardless of the reason. In no event shall the liability and/or obligations of Titanium3D arising out of the purchase of products by Purchaser or others exceed the purchase price of the products.
8. FORCE MAJEURE
If a party is prevented from or delayed in complying with an obligation (other than to pay money) under these Conditions by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.
9. GOVERNING LAW
The Agreement shall be deemed to have been entered into in the State of Victoria, Australia and shall be construed, enforced and performed in accordance with the laws of that state. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) does not apply to the Agreement.
10. DEFINITION AND INTERPRETATION
Agreement has the meaning given to it under clause 1(e);
Claim includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise;
Conditions have the meaning given to it under clause 1(a).
Purchaser has the meaning given to it under clause 1(b).
Order has the meaning given to it under clause 1(b);
Quotes has the meaning given to it under clause 1(c).