These Terms and Conditions govern all quotations, purchase orders, invoices, designs, supplies, services, and installations undertaken by Liquimech Group Pty Ltd (“Liquimech”, “we”, “us”, “our”) for any buyer (“Client”, “you”, “your”). By issuing or accepting a purchase order, approving a quotation, making payment, or accepting delivery, you acknowledge agreement to these Terms.
1. Definitions and Interpretation
1.1 “Goods” – all products, components, materials, and equipment supplied by Liquimech.
1.2 “Services” – all design, drafting, engineering, fabrication, installation, commissioning, or consulting work performed.
1.3 “Contract” – the agreement constituted by these Terms together with any accepted quotation, specification, or written variation.
1.4 References to legislation include amendments, re-enactments, and regulations.
2. Application of Terms
2.1 These Terms apply to all dealings between Liquimech and the Client.
2.2 Any Client terms are excluded unless expressly accepted in writing.
2.3 Commencement of supply constitutes acceptance of these Terms.
3. Formation of Contract
3.1 Quotations are invitations only; no binding contract exists until Liquimech confirms in writing.
3.2 Liquimech may correct errors or omissions without liability.
4. Quotations and Orders
4.1 Quotes remain valid 30 days unless stated otherwise.
4.2 Liquimech may vary pricing for material or freight cost increases prior to acceptance.
4.3 Client orders must reference the quotation number and include full specifications.
5. Pricing, Taxes, and Adjustments
5.1 Prices are exclusive of GST unless otherwise stated.
5.2 Any change in tax, duty, or government charge may be added to the price.
5.3 Prices may be adjusted for exchange-rate variation or material escalation beyond 5%.
6. Payment Terms
6.1 Unless a pre-approved credit account exists, all supplies are Cash Before Delivery.
6.2 Liquimech may withdraw credit terms at any time and revert the account to Cash Before Delivery.
6.3 Interest of 10% per annum accrues daily on overdue sums.
6.4 The Client must pay all collection costs, legal fees, and enforcement expenses.
6.5 The Client may not set off or withhold payment for any reason.
7. Default and Suspension
7.1 If payment is overdue or the Client breaches these Terms, Liquimech may:
(a) suspend deliveries or Services;
(b) withhold drawings, certificates, or warranties;
(c) enter any premises to recover Goods; and
(d) terminate the Contract.
7.2 Strict Enforcement: Where any account is overdue, suspended, or otherwise in breach, all warranties, obligations, and liabilities of Liquimech are immediately and permanently void.
7.3 Liquimech may claim all consequential costs and damages arising from default.
8. Retention of Title and PPSA Rights
8.1 Title to Goods remains with Liquimech until payment in full.
8.2 Liquimech is authorised to register its security interest under the Personal Property Securities Act 2009 (Cth).
8.3 The Client must do all acts to perfect that registration and must not create competing interests.
8.4 Liquimech may repossess or trace Goods and proceeds if the Client defaults.
8.5 Sections 95, 118, 121(4), 125, 129, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA are contracted out to the extent permitted.
9. Risk, Delivery, and Acceptance
9.1 Risk passes on dispatch or delivery to carrier.
9.2 Delivery dates are estimates only; Liquimech is not liable for delay.
9.3 The Client must inspect Goods within 7 days; failure constitutes acceptance.
10. Warranty and Defects
10.1 Liquimech warrants that Goods are free from defects in materials and workmanship under normal use for the stated period.
10.2 Warranty excludes misuse, alteration, improper installation, or operation outside design intent.
10.3 Claims must be lodged in writing within 14 days of discovery.
10.4 Where any account is overdue, suspended, or otherwise in breach of trading terms, all warranties are immediately and permanently void.
10.5 Third-party components carry only the original manufacturer’s warranty.
10.6 Evidence Requirement: Liquimech may require the Client to provide clear site photographs, installation images, or other physical proof of the alleged defect before assessing any warranty claim. If adequate evidence is not supplied, Liquimech reserves the absolute right to reject the claim and will not be liable for any associated costs, delay, or damages.
11. Design, Drawings, and Specifications
11.1 Designs remain conceptual until written approval.
11.2 Liquimech relies on Client-supplied data and is not liable for errors in that information.
11.3 Minor variations necessary for safety or compliance may be made without notice.
12. Client Obligations – Site Access and Safety
12.1 Where Services occur on site, the Client must:
(a) provide safe access, amenities, and compliant working conditions;
(b) ensure the site meets all WHS requirements; and
(c) indemnify Liquimech for injury, loss, or delay caused by unsafe conditions.
12.2 If access is delayed or unsafe, standby and re-mobilisation costs are chargeable.
13. Intellectual Property
13.1 All intellectual property created by Liquimech (including designs, CAD models, code, logic, firmware, drawings, and documents) remains its sole property.
13.2 The Client receives a non-exclusive licence to use outputs solely for the intended project.
13.3 No design or document may be copied, supplied, or reused without written consent.
14. Confidentiality and Privacy
14.1 Both parties must keep confidential all technical, commercial, and pricing information.
14.2 Liquimech will handle personal data in accordance with the Privacy Act 1988 (Cth) and will not disclose it except as required by law.
15. Variation and Delay
15.1 Any variation requested by the Client must be in writing and may adjust price and schedule.
15.2 Where delay arises from circumstances beyond Liquimech’s control, time is extended and costs may be recovered.
16. Cancellations
16.1 Orders cannot be cancelled without Liquimech’s written consent.
16.2 Approved cancellations incur a minimum 25% fee plus all material and labour costs to date.
17. Limitation of Liability
17.1 To the extent permitted by law, Liquimech’s total liability is limited to the lesser of: (a) the contract price; or (b) the cost of repair, replacement, or refund.
17.2 Liquimech is not liable for indirect or consequential loss, loss of profit, or delay.
17.3 Liquimech is not responsible for designs or instructions supplied by the Client.
18. Indemnity
The Client indemnifies Liquimech against all claims, losses, damages, and expenses arising from the Client’s breach, negligence, or misuse of Goods or Services.
19. Force Majeure
Liquimech is not liable for delay or failure caused by events beyond reasonable control, including industrial action, supplier failure, transport disruption, cyberattack, government mandate, pandemic, or natural disaster.
20. Termination
20.1 Liquimech may terminate immediately if the Client:
(a) fails to pay on time;
(b) becomes insolvent;
(c) breaches safety or access obligations; or
(d) fails to remedy a breach within 7 days of notice.
20.2 Termination does not affect accrued rights or recoveries.
21. Dispute Resolution
21.1 If a dispute arises, parties must first meet in good faith.
21.2 If unresolved within 14 days, the matter proceeds to mediation under the Resolution Institute Mediation Rules.
21.3 Only after mediation may either party commence court proceedings.
22. Privacy and Data Use
22.1 Liquimech may collect, store, and use Client information for business administration, credit assessment, and marketing of similar services.
22.2 Clients may request access or correction of personal data.
23. Notices
All notices must be in writing and delivered by email or post to the addresses last advised.
24. Severability and Waiver
If any provision is invalid or unenforceable, the remainder remains in force.
Failure to enforce any right does not constitute waiver.
25. Governing Law and Entire Agreement
25.1 These Terms are governed by the laws of Australia, and each party submits to the non-exclusive jurisdiction of the courts of any State or Territory in which Liquimech carries on business.
25.2 These Terms constitute the entire agreement and prevail over any Client purchase order or correspondence unless expressly varied in writing by Liquimech.
Liquimech Group Pty Ltd | ABN 74639641357 | www.liquimech.com.au
Rev 2 – Effective 4 October 2025