ALUMACH PTY LTD
Terms and Conditions of Sale
Version 2.0 | Effective July 2025
These Terms and Conditions of Sale (“Terms”) govern all quotations, orders, and sales of goods and services by The Trustee for LD Trust trading as Alumach Pty Ltd ABN 40 997 820 656 (“Alumach”) to any purchaser (“Customer”). By placing an order or paying a deposit, the Customer agrees to be bound by these Terms. These Terms supersede any previous terms and conditions issued by Alumach and take precedence over any terms submitted by the Customer unless agreed to in writing by a director of Alumach.
1. DEFINITIONS
In these Terms, unless the context otherwise requires:
“Business Day” means a day that is not a Saturday, Sunday, or public holiday in the State of Victoria, Australia.
“Customer” means the person or entity named on the order or quotation who is purchasing Goods or Services from Alumach.
“Delivery” means the point at which Goods are unloaded at the Customer’s nominated delivery address, or such other time as agreed in writing.
“Force Majeure Event” has the meaning given in clause 10.2.
“Goods” means all machinery, equipment, parts, and associated products supplied or to be supplied by Alumach to the Customer under any order.
“Order” means a written purchase order or other written request by the Customer for the supply of Goods or Services, accepted by Alumach.
“Services” means any installation, training, commissioning, or other services supplied or to be supplied by Alumach to the Customer.
2. PRICING AND GST
2.1 All quoted prices are exclusive of Goods and Services Tax (GST). GST at the prevailing rate (currently 10%) will be added to all invoices and is payable by the Customer.
2.2 Quoted prices are indicative only and are subject to variation in accordance with clause 2.3 below. A quote is valid for 30 days from the date of issue unless otherwise stated in writing.
2.3 Alumach reserves the right to adjust the quoted price prior to Delivery where any of the following occur after the date of quotation:
(a) A change in the AUD/EUR exchange rate greater than 2 cents from the bank selling rate published by Commonwealth Bank of Australia (or another major Australian bank nominated by Alumach) applicable on the date the deposit is received;
(b) A manufacturer or supplier price increase notified to Alumach after the date of quotation;
(c) A material change in freight, shipping, or logistics costs caused by factors outside Alumach’s control;
(d) A change in applicable government duties, tariffs, or levies.
2.4 Alumach will notify the Customer in writing of any price variation. If the Customer does not accept a notified variation within 5 Business Days, either party may cancel the Order, and Alumach will refund any deposit paid, minus any costs already reasonably incurred by Alumach on the Customer’s behalf.
2.5 All Delivery and handling charges are as quoted and may vary based on access requirements, site conditions, and Customer-provided site information.
3. PAYMENT
Deposit Requirements
3.1(a) In-Stock Machines: A non-refundable deposit of 20% of the total purchase price is required to secure the Order, with the balance of 80% due prior to Delivery.
3.1(b) Ordered / Imported Machines: A non-refundable deposit of 30% of the total purchase price is required to secure the Order. The balance is due and payable prior to dispatch from the manufacturer’s facility or prior to Delivery, as specified in the quotation or order confirmation.
3.1(c) Where the Customer is financing the full purchase price and written confirmation of finance approval is provided, Alumach may, at its discretion, refund the deposit upon clearance of the financed amount in full.
Payment Methods
3.2(a) Cheque: Personal or business cheques are accepted for deposits only. Bank cheques are required for any balance payment or full payment on in-stock items.
3.2(b) Direct Bank Deposit / EFT: The full balance must be received and cleared in Alumach’s account no later than two (2) Business Days prior to the scheduled Delivery date. It is the Customer’s responsibility to allow sufficient processing time.
3.2(c) Credit Card: Payment by credit card is accepted via Stripe. A surcharge of 1.75% will be applied to all credit card transactions. This surcharge reflects the cost of card processing and is not retained as profit by Alumach. Surcharge rates are subject to change and will be advised at the time of payment.
3.2(d) Finance: Written confirmation of finance approval, including the settlement date, must be provided to Alumach prior to Delivery being scheduled. Settlement must occur on or before the Delivery date. Alumach is not obligated to deliver Goods until finance settlement has been confirmed.
Late Payment
3.3 If any payment is not received by the due date, Alumach reserves the right to:
(a) Suspend or cancel the Delivery;
(b) Charge interest on overdue amounts at a rate of 2% per month (or part thereof) calculated from the due date;
(c) Recover from the Customer all reasonable costs incurred by Alumach in collecting the overdue amounts, including legal fees on a solicitor-client basis.
4. RETENTION OF TITLE
4.1 Title to and ownership of all Goods supplied by Alumach does not pass to the Customer until Alumach has received payment in full (cleared funds) of all amounts owing in respect of the Goods and any other amounts owed by the Customer to Alumach.
4.2 Until title passes, the Customer holds the Goods as bailee for Alumach and must store the Goods in a manner that clearly identifies them as Alumach’s property.
4.3 If the Customer fails to make payment when due, Alumach (or its authorised agent) is entitled to enter the Customer’s premises without notice to inspect or recover the Goods, and the Customer grants Alumach an irrevocable licence to do so.
4.4 Risk in the Goods passes to the Customer upon Delivery, regardless of whether title has passed.
5. DELIVERY
5.1 Delivery dates provided by Alumach are estimates only. Alumach will use reasonable endeavours to meet estimated Delivery dates but does not guarantee Delivery by any particular date. Alumach accepts no liability for delays caused by manufacturers, suppliers, shipping carriers, customs authorities, or other third parties beyond Alumach’s reasonable control.
5.2 All ordered Goods arriving by container must be delivered to the Customer’s nominated site within 7 days of the customs release date. Each day beyond this period will incur a daily detention fee, calculated based on the size and number of containers involved. Alumach will notify the Customer of the applicable detention rate at the time of Order or upon container arrival. Storage charges incurred after customs clearance may also be passed on to the Customer.
5.3 The Customer is responsible for arranging and funding all lifting and handling equipment required for Delivery and installation, including but not limited to cranes, franna cranes, forklifts, skates, and rigging. Alumach can provide guidance on equipment requirements but accepts no liability for the adequacy of equipment chosen by the Customer.
5.4 Alumach will confirm a Delivery date with the Customer. If the installation site is not ready or accessible at the agreed time, or if a return visit is required due to the Customer’s circumstances, standard call-out and labour rates will apply for any additional visit. Site readiness requirements will be communicated to the Customer in writing prior to Delivery.
5.5 Electrical connections, including plugs, cables, and switchboard capacity, are not supplied by Alumach and are the Customer’s responsibility to arrange in accordance with the machine’s technical specifications.
5.6 Pneumatic (air) connections, including compressors, air lines, and fittings, are not supplied by Alumach and are the Customer’s responsibility. Alumach accepts no liability for damage caused by inadequate or non-compliant air supply.
5.7 Alumach accepts no liability for any damage to Goods caused by inadequate or non-compliant electrical supply, including incorrect voltage, phase configuration, or earthing, at the Customer’s site.
6. CUSTOMER-SUPPLIED INFORMATION
6.1 Alumach relies on information provided by the Customer, including but not limited to site dimensions, access constraints, power supply specifications, and intended use of the Goods, when preparing quotations and arranging Delivery.
6.2 The Customer warrants that all information provided to Alumach is accurate and complete. Alumach accepts no liability for any loss, delay, or additional cost arising from inaccurate or incomplete information provided by the Customer.
6.3 If Customer-provided information proves inaccurate after an Order is placed, any additional costs incurred by Alumach (including additional freight, site visits, or modifications) will be charged to the Customer.
7. ACCEPTANCE OF GOODS
7.1 The Customer must inspect all Goods upon Delivery and notify Alumach in writing of any visible defects, damage, or discrepancies within 5 Business Days of the Delivery date.
7.2 If no written notification is received within this period, the Goods are deemed to have been accepted by the Customer in good condition and in accordance with the Order.
7.3 Acceptance of Goods does not affect the Customer’s rights under the warranty provisions in clause 8 or under applicable Australian Consumer Law.
8. WARRANTY
8.1 Alumach provides a manufacturer’s warranty of 12 months from the date of Delivery or installation, whichever occurs first.
8.2 Unless otherwise agreed in writing, the warranty covers replacement parts only. Labour, travel, accommodation, and freight costs associated with warranty repairs may be chargeable at Alumach’s discretion.
8.3 The warranty does not cover, and will become immediately void upon, any of the following:
(a) Modification of the Goods without Alumach’s prior written consent;
(b) Repair or attempted repair of any defect by the Customer or any third party without Alumach’s prior written consent;
(c) Failure to follow the manufacturer’s operating and service instructions;
(d) Misuse, neglect, or use of the Goods outside their intended purpose or rated capacity;
(e) Defects attributable to normal wear and tear parts, as reasonably assessed by Alumach (including but not limited to blades, seals, belts, and consumable components);
(f) Damage caused by inadequate or non-compliant electrical supply, pneumatic supply, or external environmental conditions;
(g) Damage caused by the Customer’s failure to prepare the site in accordance with Alumach’s specifications.
8.4 To make a warranty claim, the Customer must notify Alumach in writing, describing the defect and providing photographic evidence where possible. Alumach will assess the claim and respond within 10 Business Days.
8.5 Nothing in this clause limits the Customer’s rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
9. LIMITATION OF LIABILITY
9.1 To the maximum extent permitted by law, Alumach’s total liability to the Customer for any claim arising out of or in connection with the supply of Goods or Services, whether in contract, tort (including negligence), statute, or otherwise, is limited to the purchase price paid by the Customer for the Goods or Services to which the claim relates.
9.2 To the maximum extent permitted by law, Alumach excludes all liability for:
(a) Loss of revenue, profit, or anticipated savings;
(b) Loss of production or business opportunity;
(c) Loss of data or software;
(d) Any indirect, consequential, incidental, special, or punitive loss or damage, whether or not such loss was foreseeable or Alumach had been advised of its possibility.
9.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot be lawfully excluded or limited.
9.4 Where Alumach’s liability cannot be excluded but can be limited, Alumach’s liability is limited to, at Alumach’s option: (a) resupplying the Goods or Services; (b) replacing or repairing the Goods; or (c) paying the cost of having the Goods or Services resupplied, replaced, or repaired.
10. FORCE MAJEURE
10.1 Alumach is not liable for any delay or failure to perform its obligations under these Terms to the extent that the delay or failure is caused by a Force Majeure Event.
10.2 A “Force Majeure Event” means any event beyond Alumach’s reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, pandemic or epidemic, government action or regulation, war, terrorism, industrial action, shipping or port delays, factory shutdowns, or supply chain disruptions.
10.3 Alumach will notify the Customer as soon as reasonably practicable of a Force Majeure Event and its expected impact on Delivery timelines. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected Order by written notice, and Alumach will refund the deposit paid, less any costs already reasonably incurred.
11. SPECIFICATIONS
11.1 All product specifications, drawings, and technical data provided by Alumach are sourced from manufacturers and are subject to change without prior notice. Alumach reserves the right to supply Goods with updated specifications where they are equivalent or superior to those quoted.
11.2 The Customer should verify all specifications prior to placing an Order if specific technical requirements are critical to the Customer’s intended use.
12. CANCELLATION AND RETURNS
12.1 Orders may not be cancelled by the Customer after acceptance without Alumach’s written consent. In the event Alumach agrees to a cancellation, the deposit is forfeited and the Customer may be liable for any additional costs already incurred by Alumach, including freight, customs, and storage charges.
12.2 Goods that have been specially ordered, customised, or imported on the Customer’s behalf are non-returnable unless found to be defective under the warranty provisions in clause 8.
12.3 In-stock Goods may be returned only with Alumach’s prior written approval and may be subject to a restocking fee of up to 20% of the purchase price.
13. DISPUTE RESOLUTION
13.1 If a dispute arises in connection with these Terms or any Order, the parties agree to attempt to resolve the dispute through good faith negotiation within 15 Business Days of one party notifying the other of the dispute in writing.
13.2 If the dispute is not resolved through negotiation, either party may refer the dispute to mediation administered by a mutually agreed mediator, or if no agreement is reached, by the Australian Disputes Centre. The costs of mediation are to be shared equally unless otherwise agreed.
13.3 If mediation does not resolve the dispute within 30 days, either party may pursue the matter through the courts.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms are governed by the laws of the State of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
15. GENERAL
15.1 Variation: These Terms may only be varied by written agreement signed by a director of Alumach. Any variation to a specific Order does not affect these Terms in relation to any other Order.
15.2 Waiver: A failure by Alumach to exercise or a delay in exercising any right under these Terms does not constitute a waiver of that right.
15.3 Severability: If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision is severed and the remaining provisions continue in full force.
15.4 Entire Agreement: These Terms, together with any written quotation, Order confirmation, or specific written agreement between the parties, constitute the entire agreement between Alumach and the Customer with respect to the subject matter and supersede all prior representations, negotiations, and arrangements.
15.5 Notices: Any notice under these Terms must be in writing and delivered by email with delivery receipt, or by post to the party’s last known address. Notices sent by email are deemed received on the next Business Day following transmission.