TERMS & CONDITIONS OF TRADE
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1. Definitions
1.1 Seller means 3Fold Resources Pty Ltd (ABN 31 102 785 222) trading as Pixalux and its successors and permitted assigns.
1.2 Buyer means the person, company or entity purchasing Goods from the Seller.
1.3 Goods means all products supplied by the Seller including LED panels, lighting systems, components, custom fabrications and associated materials.
1.4 Services means any services supplied by the Seller including design, advice, consultation or specification assistance.
1.5 Price means the amount payable for the Goods and/or Services as agreed in writing.
2. Acceptance
2.1 Any quotation issued by the Seller is an invitation to treat only and does not constitute a binding offer.
2.2 An order becomes binding only when accepted in writing by the Seller.
2.3 Placement of an order, payment of a deposit, or acceptance of delivery constitutes acceptance of these Terms & Conditions.
2.4 These Terms prevail over any terms issued by the Buyer unless expressly agreed in writing by the Seller.
3. Price & Payment
3.1 All prices are exclusive of GST unless stated otherwise.
3.2 Payment terms are strictly:
• 50% deposit upon order confirmation; and
• 50% balance payable prior to dispatch or delivery.
3.3 Production of Goods will not commence until the deposit has been received in cleared funds.
3.4 The Seller may withhold manufacture, dispatch or delivery until full payment has been received.
3.5 Prices may be varied prior to dispatch to reflect increases in material costs, freight, duties, exchange rates or other costs outside the Seller’s reasonable control.
3.6 International orders are supplied Ex Works (EXW) Melbourne, Australia unless otherwise agreed in writing.
4. Custom & Made-to-Order Products
4.1 Many Pixalux products are custom manufactured.
4.2 Deposits on custom or made-to-order Goods are non-refundable once production has commenced.
4.3 The Buyer is responsible for verifying all dimensions, specifications, electrical requirements and application suitability prior to manufacture.
4.4 Orders cannot be cancelled once production has commenced without written consent of the Seller.
5. Delivery
5.1 Delivery dates are estimates only and are not guaranteed.
5.2 Risk passes to the Buyer upon collection, dispatch from the Seller’s premises, or delivery to a carrier.
5.3 The Seller is not liable for delays caused by suppliers, freight providers, customs clearance or events beyond reasonable control.
5.4 Storage fees may apply where delivery is delayed at the Buyer’s request.
6. Installation & Electrical Compliance
6.1 Unless expressly agreed in writing, the Seller supplies Goods only and does not provide installation.
6.2 All electrical installation must be carried out by a licensed electrician in accordance with applicable Australian Standards, including AS/NZS 3000 and related regulations.
6.3 The Seller accepts no liability for damage or loss arising from improper installation, misuse or modification.
7. LED Product Tolerances
7.1 Due to the nature of LED manufacturing, the Buyer acknowledges:
• Colour temperature may vary within accepted industry tolerances.
• Lumen output may vary within ±10% unless otherwise specified.
• Minor cosmetic variations between production batches may occur.
7.2 Such variations do not constitute defects.
8. Inspection & Defects
8.1 The Buyer must inspect Goods within 7 days of delivery.
8.2 Claims for damage, shortages or defects must be made in writing within 7 days of receipt.
8.3 The Seller’s liability for defective Goods is limited (at its option) to repair, replacement, or refund of the purchase price.
9. Warranty
9.1 Warranty periods are as stated in the relevant quotation or product specification.
9.2 Warranty does not cover:
• Incorrect installation
• Voltage irregularities
• Misuse or modification
• Fair wear and tear
10. Australian Consumer Law
10.1 Nothing in these Terms excludes, restricts or modifies any rights under the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law.
10.2 Where permitted by law, the Seller’s liability for a breach of a consumer guarantee is limited to replacement, repair, or payment of the cost of replacement or repair.
11. Intellectual Property & Patents
11.1 Pixalux products are patented and protected by intellectual property laws.
11.2 All designs, drawings, technical documentation and specifications remain the property of the Seller.
11.3 The Buyer must not reproduce, reverse engineer, copy, modify or distribute the Seller’s intellectual property without written consent.
11.4 Where the Buyer supplies designs or specifications, the Buyer warrants that such designs do not infringe third-party rights.
12. Retention of Title
12.1 Title in the Goods remains with the Seller until full payment has been received.
12.2 Until title passes, the Buyer must store the Goods separately, keep them identifiable as the Seller’s property, and not encumber or dispose of them.
12.3 The Seller may recover Goods where payment has not been made.
13. Default
13.1 Interest on overdue amounts accrues at 2% per month calculated daily.
13.2 The Buyer is liable for all reasonable recovery costs incurred by the Seller.
13.3 The Seller may suspend further supply if the Buyer defaults.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, the Seller is not liable for indirect or consequential loss, loss of profit, business interruption, or project delays.
14.2 The Seller’s total liability is limited to the amount paid by the Buyer for the relevant Goods.
15. Force Majeure
The Seller is not liable for failure or delay caused by events beyond reasonable control including supply chain disruption, raw material shortages, transport delays, industrial action or government restrictions.
16. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes shall be determined exclusively in the courts of Victoria.
3Fold Resources Pty Ltd (ABN 31 102 785 222) trading as Pixalux
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