Terms & Conditions of Sale

The following terms are expressly included among the conditions of sale of ProfTek Pty Ltd, hereinafter referred to as the "Seller."

Effective date: 1/1/2026

GENERAL DISCLAIMER
Except for any warranties provided by the manufacturer, no additional warranties or conditions, whether expressed or implied, are given by the Seller regarding the performance of any goods. The Seller does not guarantee the suitability of the goods for specific conditions or purposes, even if such conditions or purposes are made known to the Seller.

RETURN POLICY
If the Seller accepts that goods are defective, the goods will be replaced with the original order, if practical, upon return. However, this will not give rise to any other claims by the customer beyond a refund of the paid amount.
For goods returned for other reasons, a restocking fee of 15% will apply. Goods must be returned in a resalable condition within 7 days of delivery. Non-stock items or specially manufactured goods are not eligible for return.

DELIVERY ESTIMATES
Any delivery times or dates provided by the Seller are intended as estimates made in good faith and do not carry liability for any delays.

INDEMNIFICATION
The customer agrees to indemnify the Seller against any loss, damage, or injury suffered by third parties arising from the use of the goods supplied by the Seller.

SHORTAGE CLAIMS
Claims regarding incorrect quantities must be made in writing within 10 days of delivery. This does not permit the customer to change the original order quantity unless agreed upon by both parties.

INSPECTION GOODS
For goods sent to a customer for inspection or evaluation, it is understood that any returned goods must be sent back to the Seller at the customer's expense and in new, unused condition. Any necessary repairs will be charged to the customer.

ENGINEERED EQUIPMENT
The Seller reserves the right to cancel any order if the goods, when built according to the quoted specifications, do not function as expected. In such cases, the Seller will bear the development costs of the equipment.
The Seller guarantees that the materials and goods supplied for engineered equipment are as specified and of good quality. However, no specific lifespan is guaranteed, as the durability of good workmanship is timeless, and quality is self-evident when properly used.

BREAKDOWN AND FAILURE
The Seller is not liable for any breakdown or failure of installations resulting from overloading, operating outside the specified limits, or improper use outside of the Seller's control.

ORDER CANCELLATION
Once a contract has been agreed upon, it can only be canceled by mutual consent, with the Seller determining the terms and conditions of cancellation. The cancellation fee will cover all incurred expenses, including labor, materials, services, overhead, professional fees, and any reasonable profit.

EX WORKS TERMS
The Seller will make the goods available for collection at its premises (factory, warehouse, etc.) on the agreed date. The buyer is responsible for all transportation costs and assumes all risks associated with bringing the goods to their final destination. The Seller is not responsible for loading the goods onto the collecting vehicle or clearing them for export unless explicitly agreed upon in the sales contract.

FREE IN STORE TERMS
The Seller is responsible for delivering the goods to the specified location in the buyer's country and will cover all costs, including import duties and taxes, to bring the goods to the destination.

TITLE RETENTION

• Ownership of the goods remains with the Seller until full payment is received.
• Until full payment is made, the purchaser holds the goods as a bailee of the Seller, creating a fiduciary relationship between the parties.
• The purchaser must store the goods separately and ensure they are clearly identified as the Seller's property until payment is complete.
• If the purchaser sells any of the Seller's goods, they act as a fiduciary agent, holding the proceeds in trust for the Seller in a separate account.
• The purchaser's implied right to sell the goods terminates immediately upon certain events, such as bankruptcy, liquidation, or the appointment of a receiver or trustee over the purchaser's assets

GOVERNING LAW
All contracts are governed by the laws of the State of New South Wales. The parties agree to submit to the jurisdiction of the courts of New South Wales and any appellate courts. Contracts are subject to these terms and conditions of sale, and any conflicting terms proposed by the customer are deemed inapplicable unless expressly accepted by the Seller in writing.

CLAIM PROCEDURE
Claims must be made within 7 days of delivery. Goods will not be accepted for return unless previously agreed upon and accompanied by a written request for credit.

PRICING

• Unless otherwise specified in writing, the price of the goods will be the prevailing price at the time of delivery.
• The Seller reserves the right to adjust prices with reasonable notice to the purchaser before delivery, to account for any increases in costs, including supplier prices, freight, insurance, exchange rates, and any other charges that affect the selling price.
• All quoted prices are in Australian Dollars (AUD) unless otherwise specified.
• All prices quoted by the Seller are exclusive of GST. If GST is applicable, the invoice amount will be adjusted to cover the GST liability, ensuring the Seller receives the net amount.

PAYMENT TERMS, CREDIT APPROVAL & NEW CUSTOMER CLAUSE

• All orders are subject to approval by the Seller and acceptance of these Terms & Conditions.
• Any payment terms offered by the Seller, including but not limited to 30-day trading terms, are subject to ongoing credit approval and may be withdrawn, amended, or revoked at the Seller’s discretion at any time prior to dispatch of the goods.
• New customers are required to pay in full prior to dispatch unless otherwise expressly agreed in writing by the Seller. This clause applies to orders placed on or after the Effective Date of these Terms & Conditions.
• The Seller reserves the right to require full payment in advance, a partial payment (deposit), or other revised payment terms before commencing production or dispatching goods, without liability.
• Where payment in advance or revised payment terms are required, the Seller may issue a Pro Forma Invoice, and no goods will be released until cleared funds are received.
• Receipt or acceptance of a Purchase Order does not constitute acceptance of credit terms unless such credit terms are expressly approved in writing by the Seller.
• If payment terms are revised after receipt of a Purchase Order, the customer will be notified in writing, and the Seller may suspend, delay, or cancel supply until the revised terms are accepted and satisfied.
• The Seller shall not be liable for any delay, loss, or damage arising from the enforcement of revised payment terms or the suspension or cancellation of supply due to non-payment or credit withdrawal.
• The Seller’s acceptance of any order is conditional upon these Terms & Conditions applying. Any credit terms (including 30-day terms) only apply if confirmed in writing by the Seller on the Seller’s invoice or order confirmation.

ALL GOODS ARE SUBJECT TO THE TERMS & CONDITIONS OUTLINED HEREIN AND ANY ADDITIONAL CONDITIONS OF SALE ATTACHED

These Terms & Conditions supersede all prior versions and apply to orders placed on or after the Effective Date.