BLUTEK TERMS AND CONDITIONS
1. Definitions
1.1 “Company” refers to Baymann Pty Ltd T/AS Blutek (ABN 88 120 786 156).
1.2 “Contract” denotes the agreement for the Company to supply Goods and/or Services to the Customer.
1.3 “Customer” signifies the individual or entity to whom the Goods and Services are provided by the Company.
1.4 “Goods” refers to items sold or provided by the Company, including hardware, systems, and automation solutions.
1.5 “GST” has the meaning provided in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation.
1.6 “Quotation Form” specifies the terms, deliverables, and pricing as offered by the Company.
1.7 “Services” includes all support, installation, consulting, and project management services rendered by the Company.
1.8 “Party” refers to each of the Company or Customer, and “Parties” refers to both.
1.9 “Price” denotes the cost agreed between the Parties for the Goods and Services.
1.10 “Project-Based Client” refers to a Customer engaging the Company for services under a defined project or scope.
2. Acceptance
2.1 By signing the Quotation Form, the Customer agrees to these Terms and Conditions.
2.2 The Customer acknowledges that they have been given the opportunity to review these terms, including seeking independent legal advice if desired.
3. Quotations and Orders
3.1 Quotations provided by the Company are invitations to treat and not an obligation to sell. They are valid for acceptance within the period stated or 30 days if no period is stated.
3.2 Orders are binding only upon written acceptance by the Company, which reserves the right to accept or reject any order. Cancellations require written consent from the Company, with the Customer indemnifying the Company for any resultant losses.
4. Project Scope and Variations
4.1 The Contract specifies project deliverables. Requests for modifications from the Customer post-Contract acceptance may incur additional fees.
4.2 For changes due to updated industry regulations or site conditions beyond Company control, the Company reserves the right to issue variations, adjusting timelines and costs as necessary.
5. Cancellation
5.1 The Company may cancel these Terms and Conditions or any delivery at its sole discretion.
5.2 In the event of cancellation, the Company will notify the Customer in writing and is not liable for any consequential losses or damages.
6. Goods
6.1 Goods descriptions are provided in the Quotation Form. These descriptions form part of the Contract and specify the quantity, quality, and specifications agreed upon by the Parties.
7. Price
7.1 Prices for Goods and Services are detailed in the Quotation Form, exclusive of GST unless otherwise specified.
7.2 The Company reserves the right to adjust pricing for any additional work required due to site-specific factors or regulatory changes post-Contract.
8. Payment Terms
8.1 All deposits are non-refundable, where permitted under Australian law. A 60% deposit is due upon the Customer’s acceptance of the Quotation Form.
8.2 The final balance is due upon completion of Goods installation unless other payment milestones are outlined in the Quotation Form.
8.3 Interest at a rate of 5% per annum applies to unpaid balances, calculated from the payment due date until full payment is received.
9. Delivery and Site Access
9.1 Estimated delivery times are provided as guidance and may be impacted by factors outside the Company’s control, including but not limited to acts of God, government regulations, and transport disruptions.
9.2 Delivery may be completed in portions at the Company’s discretion. Postponement requests from the Customer may incur additional fees for storage and handling.
9.3 The Customer must ensure site readiness, providing clear access for deliveries and installations, and meet any local compliance requirements, such as building permits or inspections, where applicable.
10. Building Industry Compliance
10.1 The Company ensures compliance with Australian standards and relevant building codes.
10.2 The Customer is responsible for obtaining permits and inspections unless otherwise specified in the Quotation Form.
11. Return of Goods
11.1 If Goods are deemed faulty, the Customer must notify the Company within seven (7) days for a repair, replacement, or refund as determined by the Company, in accordance with Australian consumer law.
12. Warranty and Limitations
12.1 The Company warrants its Goods and Services to be free from defects in workmanship and materials for twelve (12) months. This warranty applies only if Goods are installed as specified by Company personnel and used under proper conditions.
12.2 The Company limits its liability under this warranty to necessary replacements or repairs, excluding consequential or indirect damages, with repairs conducted at Company facilities unless approved otherwise in writing.
12.3 For manufacturer warranties, Customers should direct claims to the manufacturer, as the Company is not liable for manufacturer warranties.
13. Exclusions and Limitation
13.1 Apart from the express warranty in clause 12, the Company excludes all other representations, warranties, conditions, and promises relating to its Goods and Services, to the fullest extent permitted by law.
13.2 The Company’s liability is limited to the Price of the Goods or Services provided, and excludes economic, financial, consequential, or indirect damages.
14. Intellectual Property
14.1 The Company retains intellectual property rights in all designs, specifications, and plans provided, which may not be used, reproduced, or disclosed without the Company’s prior written consent.
15. Website Terms of Use
15.1 By using the Company’s website, Customers agree to comply with applicable usage terms and conditions. Third-party links are provided for reference, and the Company disclaims responsibility for content accessed through these links.
15.2 Website content is for general information only, and the Company does not warrant its accuracy, completeness, or suitability for any purpose.
16. Privacy and Data Security
16.1 The Company adheres to Australian privacy laws, and any Customer data obtained will be handled per the Company’s privacy policy.
17. Governing Law
These Terms and Conditions are governed by the laws of Australia. The Parties agree to the non-exclusive jurisdiction of Australian courts, with the Customer waiving any jurisdictional defenses.
18. Revisions to Terms and Conditions
The Company reserves the right to amend these Terms and Conditions at any time, with updates posted on its website. The Customer agrees that, should any portion of these T&Cs be found unenforceable, the remainder will remain in effect.
