Terms and Conditions of Sale
Dynamic Stainless Group
ABN: 18 663 943 557
Website: https://www.dynamicstainlessgroup.com.au
Effective Date: 21/11/2022

1. Acceptance of Terms
   By placing an order with Dynamic Stainless Group (“Company,” “we,” “us,” or “our”), you (“the Customer”) agree to be bound by these Terms and Conditions of Sale. Any amendments, updates, or changes to these Terms will be posted on our website and will take effect immediately unless otherwise stated.

2. Quotations and Orders
   2.1. All quotations provided by Dynamic Stainless Group are valid for 14 days from the date of issue unless otherwise specified.

   2.2. A quotation does not constitute an offer to sell and may be withdrawn or modified by the Company at any time.

   2.3. An order placed by the Customer is subject to our acceptance, which may be communicated in writing or via electronic confirmation.

3. Prices
   3.1. All prices quoted are in Australian dollars (AUD) and are exclusive of GST, delivery, and other applicable charges unless otherwise stated.

   3.2. We reserve the right to adjust pricing due to fluctuations in material costs, taxes, duties, or any other factors beyond our control.

4. Payment Terms
   4.1. Payment terms will be specified on the invoice. Payment must be made in full within the stated period unless otherwise agreed in writing.

   4.2. If payment is not received by the due date, we reserve the right to:
   a. Charge interest on overdue amounts at the rate of 10% per annum, calculated daily.
   b. Suspend or cancel any outstanding orders.
   c. Pursue legal action to recover unpaid amounts, with the Customer being responsible for all associated costs.

   4.3. For custom or large-scale projects, we may require progress payments or a deposit, which will be detailed in the order confirmation.

5. Delivery and Risk

   5.1. We will make all reasonable efforts to meet delivery dates; however, delivery times are estimates only. We are not liable for any delays caused by factors beyond our control.

   5.2. The risk of loss or damage to goods passes to the Customer upon delivery.

   5.3. Any claims regarding missing or damaged goods must be made within 7 days of delivery.

6. Title to Goods
   6.1. Title to goods remains with Dynamic Stainless Group until full payment is received.

   6.2. Until title passes to the Customer, the goods must be stored separately and clearly identified as our property.

   6.3. The Customer acknowledges that we may register any security interest in the goods supplied, in accordance with the Personal Property Securities Act 2009 (Cth) (PPSA), until title passes to the Customer.

7. Variations and Changes
   7.1. Any variations or changes requested by the Customer after order confirmation may incur additional costs, which will be communicated to the Customer in advance.

   7.2. We reserve the right to make reasonable modifications to the goods where necessary due to availability of materials or regulatory changes, subject to notifying the Customer.

8. Customer Responsibilities
   8.1. The Customer is responsible for providing all required information, approvals, and access necessary for the timely completion of the order.

   8.2. Any delays caused by the Customer’s failure to fulfill these obligations may result in additional costs, which will be borne by the Customer.

9. Returns and Cancellations
   9.1. Custom-made or bespoke products are non-refundable and cannot be cancelled once production has commenced.

   9.2. For standard products, returns will be accepted only if goods are defective or not as described, and claims must be made within 7 days of receipt.

   9.3. All returns are subject to our inspection and approval, and goods must be returned in their original condition.

10. Inspection and Testing
    10.1. Upon request, Dynamic Stainless Group can arrange for inspection and testing of goods in accordance with applicable Australian standards with any associated costs to be borne by the Customer.

    10.2. Inspection or testing does not absolve the Customer of responsibility to inspect goods upon receipt.

11. Warranty
    11.1. Dynamic Stainless Group does not provide any warranty on goods or services unless expressly stated in writing.

    11.2. All work undertaken by Dynamic Stainless Group will be performed in accordance with relevant Australian standards and industry practices. However, the Company is not responsible for the design of any goods or projects unless explicitly agreed in writing prior to the commencement of work.

    11.3. To the maximum extent permitted by law, Dynamic Stainless Group disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or suitability of goods for the Customer's intended use.

    11.4. Any warranty explicitly provided by Dynamic Stainless Group will be limited to repair, replacement, or refund of defective goods or services, at the Company’s discretion, and will not cover damage caused by misuse, neglect, improper installation, or unauthorized modifications.

    11.5. The Customer acknowledges that it is their responsibility to ensure that all designs, specifications, and materials comply with any applicable regulations and standards in the location where the goods will be used.

12. Limitation of Liability
    12.1. To the maximum extent permitted by law, our liability for any claim relating to goods supplied is limited to the amount paid by the Customer for the goods.

    12.2. We will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, business interruption, or loss of opportunity.

13. Indemnity
    The Customer agrees to indemnify and hold harmless Dynamic Stainless Group against all claims, damages, or expenses arising out of the Customer's improper use, handling, or modification of the goods supplied.
    
    

14. Confidentiality
    14.1. Any non-public information disclosed by either party as part of this agreement shall be treated as confidential and used solely for the purposes of fulfilling the contract.

    14.2. This clause survives the termination of the agreement.

15. Force Majeure
    We will not be liable for any failure to fulfill our obligations where such failure is due to circumstances beyond our reasonable control, including but not limited to acts of God, labour disputes, supplier delays, or government restrictions.

16. Design and Manufacture

    16.1. Unless expressly agreed in writing:
    (a) Goods manufactured and supplied by Dynamic Stainless Group (“the Company”) are produced in accordance with the Company’s designs and specifications current at the time production commences and in compliance with applicable health, safety, and government regulations in the State of Australia where the goods are manufactured.I

    (b) The Customer must notify the Company, prior to entering into a contract, of any specific requirements, including but not limited to applicable regulations, legislation, or standards relevant to the manufacture, installation, or use of the goods in the state or country of intended use, if different from the state of manufacture.

    (c) If the Customer fails to comply with clause 16.1(b), the Customer indemnifies the Company against all costs, losses, or damages arising from non-compliance with any applicable laws or standards in the state or country of intended use.

    (d) Goods supplied but not manufactured by the Company will be provided in accordance with the manufacturer’s designs and specifications current at the time of supply. The Customer is responsible for notifying the Company of any additional requirements before entering into a contract.

    16.2. The Company accepts no responsibility for ensuring that goods or installations meet the Customer’s specific requirements unless these requirements have been expressly agreed in writing prior to the commencement of the contract.

17. Insurance

    17.1. Insurance for goods during transit is the responsibility of the Customer unless otherwise agreed in writing.

    17.2. The Company can arrange transit insurance upon the Customer’s request, with the cost added to the invoice.

18. Termination
    18.1. We reserve the right to terminate the contract immediately if the Customer breaches any of these Terms and Conditions or becomes insolvent.

    18.2. In the event of termination, the Customer will remain liable for any outstanding amounts due.

19. Severability
    If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

20. Governing Law
    These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

21. Amendments
    We reserve the right to amend these Terms and Conditions at any time. The updated version will be posted on our website, and it is the Customer’s responsibility to review these Terms periodically.