Terms and Conditions

1. Definitions

“We”, “us” and “Figtek” mean Figtek Fabrication Pty Ltd, ACN 168 402 517.

“You” and “the customer” mean the person or entity named on the quote or purchase order.

“Goods” means the items we manufacture, supply or finish for you. “Services” means design, drawing, programming, printing, assembly, packing and any other work we perform.

“Custom goods” means goods made to your specification, drawing, artwork or dimensions, which describes the majority of what we produce.

2. Quotes and Orders

Quotes are valid for thirty days from the date of issue unless stated otherwise on the quote itself. After that period, material prices may have moved and we will requote.

A quote is an offer, not a contract. A binding order exists once you accept the quote in writing, issue a purchase order referencing it, or pay a deposit against it, and we confirm acceptance.

Quotes are based on the information available at the time. If the drawing, quantity, material or finish changes after acceptance, the price and lead time may change. We will tell you before proceeding.

All prices are in Australian dollars and exclude GST unless the quote states otherwise. Freight is quoted separately unless expressly included.

3. Artwork and Drawings

You are responsible for the accuracy of any drawing, file, artwork, dimension or sample you supply. We manufacture to what is provided and approved.

Where we prepare drawings or artwork on your behalf — which we do at no additional charge as part of the fabrication job — we will submit them to you for approval before production begins.

Approval

Written approval of a drawing, proof or first-off sample is your confirmation that dimensions, spelling, colour and layout are correct. Once approval is given and production has commenced, any error identified in the approved material becomes a new order rather than a rework.

Colour

Printed colour is reproduced as closely as the process and substrate allow. Screen colour is not a reliable reference. Where an exact colour match is critical, tell us before production and we will produce a physical sample for approval.

4. Materials and Tolerances

We select materials from reputable suppliers and will advise on substrate suitability where you ask us to. Final responsibility for the suitability of a material for its intended application rests with you, except where you have relied on a specific written recommendation from us.

Manufacturing tolerances vary by process, material and geometry. Where particular dimensions are critical, they must be identified on the drawing or in writing before production so we can confirm what is achievable.

Sheet material carries inherent variation in thickness, flatness and colour between batches. Slight variation between production runs is normal and is not a defect.

Where you supply your own material, we quote for machining only. We take reasonable care but cannot accept liability for material that fails, distorts or proves unsuitable during processing.

5. Lead Times

Lead times quoted are estimates made in good faith based on the work scheduled at the time of quoting. They run from the date we receive both a confirmed order and final approved artwork or drawings, whichever is later.

We will notify you as soon as practicable if a delay arises. We are not liable for loss caused by delays outside our reasonable control, including material supply failure, equipment breakdown, industrial action or events of force majeure.

6. Payment

Unless credit terms have been agreed in writing, payment is due in full before goods are dispatched or collected.

For orders above an agreed value we may require a deposit before production commences. Deposits on custom goods are non-refundable once material has been ordered or cut.

Where credit terms apply, invoices are payable within thirty days of the invoice date. Overdue accounts may be placed on hold and reasonable recovery costs may be added.

Title in the goods remains with Figtek until payment has been received in full. Risk passes to you on delivery or collection.

7. Delivery and Collection

Our workshop is open for collection by appointment only. Please arrange a time before attending so your order is packed and ready.

Where we arrange freight, we do so as your agent. Delivery timeframes quoted by carriers are estimates and we cannot guarantee them.

Please inspect goods on receipt. Any damage in transit or shortage must be reported to us in writing within seven days of delivery, with photographs where damage is claimed.

Goods held at our premises for more than thirty days after notification that they are ready may attract a storage charge.

8. Changes and Cancellation

Changes requested after an order is confirmed will be accommodated where practicable. Any resulting cost and schedule impact will be quoted to you before we proceed.

Because custom goods cannot be resold, cancellation after production has commenced is subject to payment for:

• materials already purchased or cut for your order;
• design, drawing and programming time already spent; and
• machine and labour time already committed to the job.

Where cancellation occurs before any material or time has been committed, no charge applies.

9. Faults and Returns

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law.

If goods are faulty, do not match the approved drawing or approved proof, or are not of acceptable quality, contact us within seven days of receipt. We will inspect the goods and, at our option, repair them, remanufacture them or refund the amount paid.

Custom goods manufactured correctly to your approved specification are not returnable simply because you have changed your mind or ordered the wrong item.

Goods returned for inspection must be packed adequately. We are not responsible for damage that occurs during a return you have arranged.

10. Intellectual Property

You warrant that you hold the rights to any logo, image, design or text you supply for reproduction, and you indemnify us against any claim arising from our reproduction of that material at your direction.

Drawings, programs, jigs and tooling we create in the course of a job remain our property unless separately purchased in writing. We will not supply your artwork or drawings to a third party.

We may photograph completed work and use those images to show our capabilities. If your job is confidential, tell us in writing before delivery and we will not do so.

11. Liability

To the extent permitted by law, our total liability arising from any order is limited to the amount paid by you for the goods or services in question.

We are not liable for indirect or consequential loss, including loss of profit, loss of contract, downtime or loss of opportunity, however arising.

We do not accept liability for the performance of goods used outside the application described to us, or modified after leaving our premises.

12. Privacy

We collect only the information needed to quote, produce and deliver your order and to maintain your account. That typically means your name, business name, contact details, delivery address and the files you send us.

We do not sell or rent your information. We disclose it only to parties involved in fulfilling your order, such as freight carriers, or where required by law.

Files and drawings you supply are stored so we can repeat an order efficiently. If you would like your files or details removed from our records, write to us and we will action it.

13. General

These terms, together with the quote and any written variation, form the entire agreement between us and supersede any earlier discussion or representation.

If any clause is found to be unenforceable, the remaining clauses continue in force.

These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of that state.

We may update these terms from time to time. The version published on this page at the date of your quote is the version that applies to that order.

Questions about these terms can be sent to [email protected] or raised through our contact page.