ProfTek Pty Ltd | ABN 30 654 816 083
Effective date: 2 September 2026
These Terms and Conditions of Sale apply to goods and services supplied by ProfTek Pty Ltd (ProfTek, we, us or our). They should be read with the quotation, order confirmation, invoice and any agreed specification for the relevant order.
1. Application of these terms
1.1 These terms apply when a customer asks ProfTek to supply goods or services and ProfTek accepts the order.
1.2 An order is accepted only when ProfTek issues a written order confirmation, begins the agreed work, or dispatches the goods. A purchase order or other request from a customer is an offer and does not by itself require ProfTek to supply.
1.3 If documents are inconsistent, the following order of priority applies:
- a written variation signed or expressly accepted by both parties;
- ProfTek's order confirmation;
- ProfTek's quotation and any agreed specification;
- these terms; and
- the customer's purchase order, excluding any standard terms printed on or linked from it.
1.4 A customer's terms apply only if ProfTek expressly accepts them in writing.
1.5 Nothing in these terms excludes, restricts or modifies a right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
2. Quotations, specifications and advice
2.1 A quotation is valid for the period stated in it. If no period is stated, it is valid for 30 days from its date and may be withdrawn before an order is accepted.
2.2 Product descriptions, drawings, dimensions, performance data and lead times are based on information available when quoted. They are estimates unless the quotation or agreed specification states that a detail is guaranteed.
2.3 The customer must provide complete and accurate information about the intended application, operating conditions, interfaces, materials, utilities, regulatory requirements and performance targets.
2.4 The customer must review and approve any drawings, samples, proofs or specifications submitted for approval. ProfTek is not responsible for an error in customer-supplied information or an approved specification, except to the extent ProfTek caused or contributed to the error or liability cannot lawfully be excluded.
2.5 If the customer relies on ProfTek's skill or judgement for a particular purpose, the customer must identify that purpose in writing before ordering. ProfTek will state any known limitation in its quotation or order confirmation. This clause does not limit any applicable consumer guarantee.
3. Prices and GST
3.1 Prices are in Australian dollars unless the quotation states otherwise.
3.2 Unless expressly stated to include GST, prices exclude GST. The customer must pay applicable GST in addition to the price after receiving a valid tax invoice.
3.3 Freight, insurance, installation, commissioning, training, duties and other charges are excluded unless the quotation states that they are included.
3.4 After an order is accepted, ProfTek may adjust the price only for:
- a change requested or approved by the customer;
- an error or omission in information supplied by the customer;
- a new or changed tax, duty or government charge applying to the order; or
- a supplier, freight or foreign-exchange adjustment expressly allowed by the quotation and calculated using the method stated in it.
3.5 ProfTek must explain a proposed adjustment and provide reasonable supporting information. If an adjustment is not covered by clause 3.4, the customer may accept it or cancel the affected undelivered portion without a cancellation charge. For custom or non-stock goods already committed with the customer's approval, the customer remains responsible for reasonable, unavoidable costs incurred before cancellation.
4. Payment and credit
4.1 The customer must pay in the manner and by the due date stated in the quotation, order confirmation or invoice.
4.2 New customers must pay in full before dispatch unless ProfTek approves other terms in writing. ProfTek may require a deposit, progress payments or cleared funds before placing a supplier order, beginning work or dispatching goods.
4.3 Credit terms are subject to approval and continuing review. Receipt of a purchase order does not approve credit.
4.4 If ProfTek reasonably considers that the customer's creditworthiness has materially deteriorated, or an amount is overdue, ProfTek may request reasonable security or revised payment terms and may suspend unperformed work or delivery after giving written notice. The customer may cancel an affected undelivered portion if it does not accept revised terms, subject to paying amounts already due and reasonable, unavoidable commitments for approved custom or non-stock goods.
4.5 The customer must pay undisputed amounts when due. A genuine dispute about part of an invoice does not permit the customer to withhold the undisputed balance.
4.6 The customer must reimburse reasonable external costs actually incurred by ProfTek in recovering an overdue amount, to the extent permitted by law.
5. Delivery, collection and delay
5.1 The delivery basis, location and freight charge are those stated in the quotation or order confirmation.
5.2 If the order documents do not state a delivery basis, ProfTek will arrange delivery to the address nominated by the customer and may charge the reasonable freight cost disclosed before dispatch. Risk passes when the goods are delivered at that address.
5.3 Ex Works, customer collection or another Incoterms® 2020 rule applies only when expressly stated in the quotation or order confirmation. The named place and any agreed variation must also be stated.
5.4 Delivery and completion dates are estimates unless ProfTek expressly agrees in writing that a date is fixed. ProfTek will use reasonable efforts to meet an estimate and will notify the customer of a material known delay.
5.5 ProfTek may make partial deliveries where reasonable. Each partial delivery may be invoiced separately if this was disclosed in the quotation or is agreed with the customer.
5.6 A customer must not unreasonably refuse delivery. If the customer cannot accept delivery when the goods are ready, ProfTek may store them at the customer's risk and charge reasonable storage and redelivery costs after giving notice.
5.7 Nothing in this section limits rights or remedies that apply to a failure to supply within a required or reasonable time.
6. Risk and title
6.1 Risk passes as stated in clause 5 or under the delivery rule expressly agreed for the order.
6.2 Ownership of goods does not pass until ProfTek receives full payment of all amounts due for those goods.
6.3 Until ownership passes, the customer must:
- keep the goods identifiable as goods supplied by ProfTek;
- take reasonable care of them and insure them for their replacement value;
- not create an interest in them that is inconsistent with ProfTek's rights; and
- promptly notify ProfTek of insolvency, external administration or a third-party claim affecting them.
6.4 The customer grants ProfTek a security interest in goods supplied on credit and their identifiable proceeds to secure payment. The customer must provide information reasonably required for ProfTek to register and maintain that interest under the Personal Property Securities Act 2009 (Cth).
6.5 ProfTek may exercise rights concerning unpaid goods only in accordance with applicable law. The parties do not exclude a notice, right or obligation under the Personal Property Securities Act unless the exclusion is expressly stated in a separate written agreement and is legally permitted.
7. Inspection, shortages and transit damage
7.1 The customer should inspect goods promptly after delivery.
7.2 A visible shortage, incorrect item or transit damage should be reported in writing within 10 business days, with the order number and reasonable supporting information. Prompt notice helps ProfTek investigate carriers and suppliers.
7.3 Failure to report within that period does not remove a right or remedy that cannot lawfully be limited, including rights under the Australian Consumer Law.
8. Change-of-mind returns
8.1 ProfTek is not required to accept a change-of-mind return. If ProfTek agrees to one, the approval must be obtained before return and may be subject to the following conditions:
- the request is made within 7 days after delivery;
- the goods are unused, complete, in their original packaging and in resalable condition;
- the customer pays return freight and a 15% restocking fee; and
- the goods are not custom-made, specially ordered, cut, configured or otherwise non-stock goods.
8.2 ProfTek may reduce or refuse a change-of-mind credit for missing parts, damage or use beyond what was reasonably necessary to inspect the goods.
8.3 This section applies only to change-of-mind returns. It does not limit rights relating to defective, misdescribed or non-compliant goods.
9. Defects, warranties and Australian Consumer Law
9.1 Goods and services may come with manufacturer warranties. ProfTek will provide available warranty information and reasonable assistance with a valid manufacturer claim.
9.2 Manufacturer warranties are additional to, and do not replace, rights that apply under the Australian Consumer Law.
9.3 If goods or services do not comply with an applicable consumer guarantee, the customer may be entitled to a repair, replacement, refund, cancellation, re-supply or compensation, depending on the circumstances and whether the failure is major.
9.4 To make a claim, the customer should contact ProfTek at sales@prof-tek.com with proof of purchase, a description of the issue and relevant photographs, test results or operating information. ProfTek may reasonably inspect or test the goods before deciding the appropriate remedy.
9.5 The customer must not return goods without return instructions, except where the law gives the customer a right to do so. ProfTek will bear reasonable return or collection costs where required by law.
9.6 A warranty or remedy may not apply to damage caused by misuse, operation outside published limits, incorrect storage, unauthorised modification, accident, normal wear, or installation or maintenance not performed in accordance with applicable instructions. ProfTek remains responsible to the extent its act or omission caused or contributed to the failure.
10. Evaluation and inspection goods
10.1 Goods supplied for trial, demonstration, inspection or evaluation remain ProfTek's property unless purchased by the customer.
10.2 The customer must use them only for the agreed evaluation, keep them secure and return them by the agreed date in substantially the condition supplied, allowing for reasonable evaluation use.
10.3 The customer is responsible for reasonable repair or replacement costs to the extent loss or damage was caused by its negligence, misuse or breach of the agreed evaluation conditions. Return freight is paid by the party stated in the evaluation agreement or, if not stated, by the customer.
11. Custom and engineered equipment
11.1 Custom, modified or engineered equipment will be supplied to the agreed specification, assumptions, exclusions and acceptance criteria.
11.2 Development work may involve technical uncertainty. ProfTek must disclose material known feasibility risks and keep the customer informed if testing shows that an agreed outcome is unlikely to be achieved.
11.3 The parties will first try to agree a reasonable change to scope, price or timing. If no workable solution can be agreed, either party may terminate the affected incomplete scope. The customer must pay for conforming work completed and reasonable, non-recoverable commitments approved before termination. ProfTek must refund any remaining amount paid for the terminated scope.
11.4 This section does not limit any right or remedy that cannot lawfully be excluded.
12. Customer-requested changes and cancellation
12.1 A change to an accepted order is effective only when agreed in writing, including any change to price, specification or delivery date.
12.2 The customer may ask to cancel an order. ProfTek will not unreasonably refuse cancellation of standard stock goods that have not been dispatched or irrevocably committed.
12.3 For custom or non-stock goods, the customer must pay reasonable losses directly caused by the cancellation, limited to work completed, materials ordered, supplier cancellation charges and other non-recoverable commitments. ProfTek must take reasonable steps to mitigate those costs and provide a reasonable explanation of them.
12.4 ProfTek may cancel or suspend an order for a material breach that is not remedied within a reasonable period after written notice, or immediately if the breach cannot be remedied or an insolvency event occurs. Cancellation does not affect accrued rights.
13. Safe use and compliance
13.1 The customer is responsible for ensuring that the goods are installed, integrated, operated and maintained by competent people in accordance with supplied instructions and applicable workplace, electrical, environmental and other safety requirements.
13.2 The customer must not remove safety devices or use goods outside their published or agreed limits.
13.3 ProfTek remains responsible for its own obligations and for loss to the extent caused or contributed to by its breach, negligence or unlawful conduct.
14. Liability and indemnity
14.1 Nothing in these terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, breach of confidentiality or privacy obligations, or any liability that cannot lawfully be excluded or limited.
14.2 To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the order was accepted. This does not exclude compensation available under the Australian Consumer Law for reasonably foreseeable loss or damage.
14.3 Where goods or services are not ordinarily acquired for personal, domestic or household use, and the law permits liability to be limited, ProfTek's liability for failure to comply with a statutory guarantee is limited, at ProfTek's option, to:
- for goods: replacement, supply of equivalent goods, repair, or payment of the reasonable cost of replacement or repair; and
- for services: supplying the services again or paying the reasonable cost of having them supplied again.
This limitation does not apply where it would not be fair or reasonable or where the law does not permit it.
14.4 The customer indemnifies ProfTek against a third-party claim only to the extent the claim was caused by the customer's negligence, unlawful act, unauthorised modification, misuse of the goods, or material breach of these terms. The indemnity is reduced to the extent ProfTek or another person caused or contributed to the claim.
15. Events outside reasonable control
15.1 Neither party is liable for delay or failure caused by an event outside its reasonable control, except for an obligation to pay an amount already due.
15.2 The affected party must notify the other party, take reasonable steps to reduce the effect and resume performance as soon as reasonably practicable.
15.3 If the event prevents a material part of the order for more than 60 days, either party may cancel the affected undelivered portion by written notice. The customer must pay for conforming goods and services already supplied and reasonable, non-recoverable commitments for approved custom goods. ProfTek must refund any balance relating to the cancelled portion.
16. Intellectual property and confidential information
16.1 Each party retains ownership of intellectual property it owned or developed independently of the order.
16.2 Unless otherwise agreed, ProfTek retains intellectual property in its quotations, drawings, designs, software, methods and technical documents. The customer may use material supplied with the goods only to install, operate, maintain and obtain support for those goods.
16.3 Each party must protect confidential information received from the other and use it only for the order, except where disclosure is required by law or made to personnel and advisers who need it and are bound to keep it confidential.
17. Privacy
ProfTek handles personal information in accordance with applicable privacy laws and its Privacy Policy.
18. General
18.1 A variation or waiver is effective only if confirmed in writing by the party granting it.
18.2 A delay in exercising a right is not a waiver of that right.
18.3 If a provision is invalid or unenforceable, it is to be read down where possible and otherwise severed without affecting the remaining provisions.
18.4 Neither party may assign an accepted order without the other's written consent, which must not be unreasonably withheld. ProfTek may assign receivables or transfer the order as part of a genuine business restructure or sale after giving notice, provided the transfer does not reduce the customer's rights.
18.5 These terms and the documents listed in clause 1.3 contain the agreement for the order. They do not exclude liability for misleading or deceptive conduct.
18.6 The laws of New South Wales govern the agreement. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts hearing appeals from them.
19. Contact
ProfTek Pty Ltd
ABN 30 654 816 083
41/51 Wentworth Avenue
Pagewood NSW 2035 Australia
Email: sales@prof-tek.com