Terms and Conditions

MAKERLAB


TERMS AND CONDITIONS OF SALE


  1. Application of Terms
  • These terms and conditions govern the legal agreement between you and Makerlab and supersede any previous representations and communications.
  • Your purchase of goods or services from Makerlab or through makerlab.com.au (Website) is subject to these Terms and Conditions of Sale (Terms). If you do not accept these Terms, you must refrain from using this website or purchasing goods or services from Makerlab.

Purchases through the Website

Clauses 1-3 and 9-22 apply to you if you purchase product(s) through the Website.

  1. Order and Payment
  • Representations of goods for sale made by the Website do not constitute an offer to sell but an invitation to treat.
  • By placing an order for any of the goods through our Website, you are offering to purchase the goods.
  • Where Makerlab accepts your offer, Makerlab will sell the goods to you in accordance with these Terms.
  • All orders through the Website are subject to availability and confirmation of the order price. Whilst we make all efforts to ensure that our pricing is accurate, errors can occur.
  • If your order is not accepted by Makerlab, Makerlab will notify you by telephone or email and arrange for a full refund of any payment made by you. Makerlab may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price.
  • Makerlab will be deemed to have accepted your order when your order is delivered to your specified delivery address.
  1. Title and Risk

Title and risk in the goods, such as loss and damage, passes to you on delivery of the goods to the delivery address provided by you at the time of your order.

Purchases by Direct Debit

Clauses 1 and 4-22 apply to you if you purchase product(s) or services from Makerlab other than through the Website.

  1. Offer

Upon selecting your goods or services, Makerlab will offer you a quote outlining all fees and expenses relating to your purchase of goods or services.

  1. Acceptance

If you are issued a quote and wish to proceed with your purchase, Makerlab will request acceptance of this quote. After accepting the quote offered by Makerlab, confirmation and an invoice will be issued to you.

  1. Payment
  • If you are purchasing any goods payment of fees is due within 14 days of the receipt of your invoice. Makerlab reserves the right to hold delivery of the goods until payment is made in full.
  • If you are purchasing goods and services, 50% of the payment of the fees is due up front at the time the invoice is issued. The outstanding 50% of the payment of the fees is due upon completion of delivery of the goods and services.
  • If you are only purchasing services, 50% of the payment of the fees is due up front at the time the invoice is issued. The outstanding 50% of the payment of the fees is due upon completion of delivery of the services.
  • If full payment is not made within the agreed time, Makerlab reserves the right to charge interest on any outstanding monies owed to them.
  1. Title and Risk
  • Title in the goods passes to you on payment in full of all amounts invoiced to you by Makerlab.
  • Risk, such as loss and damage, passes to you on delivery.
  1. Delivery
  • Makerlab will use reasonable endeavours to meet delivery dates quoted. Any delivery dates quoted are only best estimates.
  • Under no circumstances will Makerlab be liable for any loss or damage arising from late or non-delivery.
  • Delayed delivery of goods does not constitute grounds for cancellation of your order or termination of this contract.
  1. Delivery Costs
  • Unless otherwise agreed in writing, the price stated in the quote or on the Website for goods is exclusive of freight, delivery, insurance, handling, storage and packaging and any other expenses.
  • In addition to the price for the goods, you may also need to pay a delivery charge (Delivery Charge), which if you purchase through the Website will appear in your cart or if you purchase directly from Makerlab will be included in your quote or invoice.
  • By placing an order with Makerlab, you agree to pay the price for the goods and any Delivery Charge.
  1. Cancellations
  • You may cancel your order where Makerlab has breached a material term of these Terms.
  • In all other circumstances, Makerlab may accept cancellation for your order at its absolute and sole discretion provided you contact us by email as soon as possible and your order has not yet been processed.
  • Makerlab reserves the right to refuse or cancel an order if stock is unavailable.
  • If goods are damaged upon delivery, please contact Makerlab immediately. Do not return the goods to us before Makerlab instructs you to do so. Please ensure that all goods are returned unused and in full packaging so Makerlab can assess the damage appropriately. Makerlab will only accept returns of goods in the state upon which they were received.
  1. Warranties
  • Except as expressly set out in these Terms, and subject to any terms, warranties or conditions that by law may not be excluded (including those under the Australian Consumer Law), all conditions, warranties, terms, and obligations expressed or implied by law or otherwise relating to the performance of Makerlab’s obligations under these Terms, or any goods or services supplied, or to be supplied, by Makerlab under these Terms, are excluded and the rights set out in this clause 11 are your sole and exclusive remedies with respect to the goods and services.
  • Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights under the Australia Consumer Law and other Australian laws which cannot be modified or excluded.
  • Makerlab warrants that all goods supplied by Makerlab to you will be free of defects in materials and manufacture until the date falling 12 months from the date of delivery of the goods or services (Warranty Period).
  • Makerlab’s warranty does not cover:
    • Maintenance, repair or replacement of any goods due to fair wear and tear;
    • Maintenance, repair or replacement of any goods due to misuse; and
    • Maintenance, repair or replacement of externally exposed parts where scratches have resulted from ordinary use of the goods.
  • Makerlab does not warrant or guarantee that any artefact created through use of the goods will be fit or available for any particular purpose.
  • This warranty is not transferable or assignable.
  1. Liability
    • The liability of Makerlab and its employees or agents for a breach of any warranty or liability which cannot be excluded, restricted or modified by law is limited, at Makerlab’s option to:
      • the replacement of the goods or supply of equivalent goods;
      • the repair of the goods;
      • refunding the amount paid for the goods or services;
      • re-performing the services; or
      • subject to the prior agreement of Makerlab and you, the payment of the costs of replacing the goods or the payment of having the goods repaired.
        • Notwithstanding anything to the contrary in these Terms, the liability of the Makerlab howsoever arising shall in no circumstances exceed the amount paid by you to Makerlab in the preceding 6 months.
        • In no event, whether for breach of warranty, breach of contract, negligence or otherwise shall Makerlab be liable for any indirect, special, incidental or consequential damages including without limitation loss of profit or revenues and downtime costs sustained by you or your customers to the full extent such may be disclaimed by law.
        • Makerlab is not liable for any loss or damage where goods are not used in accordance with all instructions, directions and Safety Guidelines provided by Makerlab or the manufacturer.
        • We make no representations concerning the functionality and worth of the artefacts created through the use of the goods and we are not responsible for any copyright compliance, or legality of material or content created by you.
  2. Indemnity

To the maximum extent permitted by law, you indemnify Makerlab against all loss (including claims by third parties) arising out of or in connection with the performance of the services, supply of the goods or your breach of the Agreement. This indemnity includes legal costs on an indemnity basis and any GST payable by Makerlab in relation to this indemnity.

  1. Restrictions

All goods supplied by Makerlab shall only be used for purposes that are compliant with Australian law.

  1. Application of the Personal Property Securities Act 2009
    • In this clause 16, PPSA means the Personal Property Securities Act 2009. If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause.
    • Makerlab and the Customer acknowledge that these Terms constitute a Security Agreement and give rise to a Purchase Money Security Interest in favour of Makerlab over the Goods supplied or to be supplied or the proceeds of the Goods supplied to the Customer pursuant to these Terms.
    • The Customer acknowledges and agrees that Makerlab may apply to register a Purchase Money Security Interest or any other Security Interest in the goods at any time before or after delivery of the Goods. The Customer waives its right under s 157 of the PPSA to receive notice of any verification of the registration.
    • Makerlab can apply amounts it receives from the Customer towards amounts owing to it in such order as Makerlab chooses.
    • If the Customer defaults in the performance of any obligation owed to Makerlab under these Terms or any other agreement for Makerlab to supply Goods to the Customer, Makerlab may enforce its Security Interest in any Goods by exercising all or any of its rights under these Terms or the PPSA. To the maximum extent permitted by law, the Customer and Makerlab agree that the following provisions of the PPSA do not apply to the enforcement by Makerlab of its Security Interest in the Goods: sections 95, 117, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142 and 143.
    • The Customer and Makerlab agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA.
    • The Customer must promptly do anything required by Makerlab to ensure that Makerlab’s Purchase Money Security Interest or any other Security Interest is a Perfected Security Interest and has priority over all other Security Interests in the Goods.
    • The Customer must not do or permit anything to be done that may result in the Purchase Money Security Interest or any other Security Interest granted to Makerlab ranking in priority behind any other Security Interest.
    • Nothing in this clause is limited by any other provision of these Terms or any other agreement between the parties.
    • The Customer gives Makerlab a Security Interest in all of the Customer’s present and after-acquired property in which Goods or materials supplied or financed by Makerlab have been attached or incorporated.
  2. Termination

Either party may, without affecting any other rights they may have, terminate or suspend any contract with immediate effect by giving notice to the other party if the other party:

  1. breaches any provision of the Terms and fails to remedy the breach within 7 days after notice requiring them to do so;
  2. breaches a material provision of this Agreement where that breach is not capable of remedy;
  3. ceases to be able to pay their debts as they become due; or
  4. becomes subject to any form of insolvency or bankruptcy action that is not dismissed within 60 days.
  1. Applicable Law

These Terms shall be governed by the laws of Victoria and the parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.

  1. Enforceability

Each provision of the agreement between you and Makerlab is divisible. The invalidity or unenforceability of any provision within the agreement shall not affect the validity or enforceability of the agreement as a whole.

  1. Safety precautions

Makerlab’s Safety Guidelines ((https://makerlab.com.au/safety-guidelines/)) and any product specific safety guidelines provided by Marklerab to the Customer are incorporated into these Terms.

  1. Maintenance guidlines

Makerlab’s Maintenance Guidelines ((https://makerlab.com.au/maintenance-guidelines/)) and any product specific maintenance guidelines provided by Marklerab to the Customer are incorporated into these Terms.