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Terms & Conditions

1. Definitions

In these Terms of Sale:

  • “Seller” means Paledot Engineering (or the trading entity selling the machine).

  • “Buyer” means the person, company or entity purchasing the Goods from the Seller.

  • “Goods” means the portable, battery-powered curtain rail bending machine, including standard dies, accessories and any optional extras specified in the Order.

  • “Order” means the Buyer’s written or verbal request to purchase the Goods, as accepted by the Seller.

  • “Invoice” means the Seller’s written invoice issued to the Buyer for the Goods.

  • “Warranty Period” means 12 months from the date of delivery of the Goods, unless otherwise stated in writing.

 

2. Application of These Terms

2.1 These Terms of Sale apply to all sales of Goods by the Seller to the Buyer and form part of every quotation, Order and Invoice, unless otherwise agreed in writing by the Seller.

2.2 By placing an Order or paying an Invoice, the Buyer is deemed to have accepted these Terms of Sale.

2.3 Any terms provided by the Buyer (e.g. purchase order terms) that are inconsistent with these Terms are of no effect unless expressly agreed in writing by the Seller.

 

3. Quotations, Orders and Availability

3.1 Any quotation provided by the Seller is not an offer and is valid for the period stated on the quotation, or 30 days if no period is stated.

3.2 The Seller reserves the right to accept or reject any Order in whole or in part.

3.3 The Buyer acknowledges that the Goods may be produced in small batches and are subject to availability. Lead times may apply for new batches or special configurations.

 

4. Price and Payment

4.1 The price of the Goods is as stated on the Seller’s quotation or Invoice, exclusive of GST unless otherwise noted. Applicable taxes, delivery charges and any training or commissioning fees will be clearly itemised where possible.

4.2 The Seller may require a deposit (e.g. 30–50%) payable upon Order acceptance, with the balance due prior to delivery or on agreed payment terms.

4.3 Payment must be made by bank transfer, credit card or other method approved by the Seller, in Australian dollars, by the due date specified on the Invoice.

4.4 If the Buyer fails to pay any amount by the due date, the Seller may, at its discretion:

  • suspend or cancel delivery of the Goods;

  • charge interest on overdue amounts at a reasonable commercial rate; and/or

  • recover any costs of collection, including legal and debt recovery costs, from the Buyer.

 

5. Delivery, Risk and Title

5.1 The Seller will use reasonable efforts to deliver the Goods on or before the estimated delivery date, but such dates are estimates only and not guaranteed.

5.2 Unless otherwise agreed, delivery is to the address nominated by the Buyer and risk in the Goods passes to the Buyer upon delivery to that address (including delivery to a transport provider arranged by or on behalf of the Buyer).

5.3 Title to the Goods does not pass to the Buyer until the Seller has received full payment of the purchase price and all other amounts owing in relation to the Goods. Until title passes:

  • the Buyer holds the Goods as bailee for the Seller; and

  • the Seller may, at any time, enter the Buyer’s premises to recover the Goods if payment is not made when due.

 

6. Installation, Training and Use

6.1 Unless otherwise agreed in writing, the Goods are supplied on a “plug-and-play” basis and do not include installation at the Buyer’s premises.

6.2 The Seller may provide an on-site or remote demonstration of the Goods, basic training in operation, and safety instructions, either included in the price or as a separately charged service, as specified in the quotation or Invoice.

6.3 The Buyer is responsible for:

  • ensuring that all operators are competent, adequately trained and familiar with the user manual and safety instructions;

  • ensuring that the workplace and surrounding environment are suitable and safe for operation of the Goods;

  • supplying compatible batteries (e.g. Makita 18V LXT or as specified) and ensuring they are used in accordance with the battery manufacturer’s guidelines.

 

7. Warranty

7.1 The Seller warrants that, during the Warranty Period, the Goods will be free from defects in materials and workmanship under normal use and when operated in accordance with the Seller’s instructions.

7.2 If a defect appears in the Goods during the Warranty Period, the Buyer must:

  • stop using the Goods if further use may cause damage or pose safety risks;

  • notify the Seller in writing as soon as practicable, providing details of the defect, serial number (if applicable), and proof of purchase; and

  • return the Goods or provide access for inspection as reasonably requested by the Seller.

7.3 The Seller’s obligation under this warranty is limited, at the Seller’s option, to:

  • repair of the Goods;

  • replacement of the Goods (or an equivalent unit); or

  • refund of the purchase price paid for the defective Goods.

7.4 This warranty does not cover:

  • normal wear and tear;

  • damage caused by misuse, abuse, neglect, improper storage or improper cleaning;

  • modifications or repairs not authorised in writing by the Seller;

  • use with incompatible dies, tracks, batteries or accessories;

  • damage caused by failure to follow the user manual, safety instructions or reasonable industry practice;

  • cosmetic damage that does not affect the operation of the Goods.

7.5 The Warranty Period for repaired or replaced Goods continues for the remainder of the original Warranty Period or 3 months from the date of repair/replacement, whichever is longer.

7.6 This warranty is in addition to any rights and remedies the Buyer may have under the Australian Consumer Law (ACL), where applicable. Nothing in these Terms excludes, restricts or modifies any condition, warranty or guarantee imposed by the ACL that cannot be lawfully excluded.

 

8. Returns and Change of Mind

8.1 The Seller is not obliged to accept returns for change of mind or incorrect choice. Any such return is at the Seller’s sole discretion and, if accepted, may be subject to conditions (for example, the Goods must be unused, in original packaging, and a restocking fee may apply).

8.2 This clause does not limit the Buyer’s rights in respect of defective Goods under the warranty or under the ACL (if applicable).

 

9. Safety and Compliance

9.1 The Buyer acknowledges that the Goods are mechanical equipment designed to bend curtain tracks and must be used strictly in accordance with:

  • the user manual;

  • safety labels and warnings on the Goods; and

  • applicable workplace health and safety laws and regulations.

9.2 The Buyer is responsible for:

  • implementing appropriate safe work procedures;

  • ensuring that operators keep hands, clothing and body parts clear of moving parts and pinch points;

  • conducting risk assessments for on-site use; and

  • providing personal protective equipment (PPE) as required (e.g. gloves, safety glasses).

9.3 The Seller is not responsible for any injury, loss or damage arising from:

  • operation of the Goods contrary to instructions or safety guidelines;

  • unauthorised modifications or repairs; or

  • use for purposes other than bending suitable curtain tracks as specified by the Seller.

 

10. Limitation of Liability

10.1 To the maximum extent permitted by law, and subject to the ACL where applicable:

  • the Seller is not liable for any indirect, special or consequential loss, including loss of profit, loss of revenue, loss of business or downtime;

  • the Seller’s total liability arising out of or in connection with the sale or use of the Goods is limited to the amount actually paid by the Buyer for the Goods.

10.2 If the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Seller’s liability for a failure to comply with a consumer guarantee under the ACL is limited, at the Seller’s option, to:

  • repair or replacement of the Goods; or

  • payment of the cost of having the Goods repaired or replaced.

 

11. Custom Dies and Track Compatibility

11.1 The Goods are supplied with a specified die set (for example, Track Series 51) as outlined in the quotation or Invoice.

11.2 The Seller may, by separate agreement, design and supply custom dies or dies for additional track types requested by the Buyer. Such custom work may involve extra cost, design lead time and testing.

11.3 The Seller does not warrant that the Goods will be suitable for every brand or type of track, particularly if the Buyer uses untested or non-standard profiles. The Buyer is responsible for confirming suitability for their preferred tracks, and the Seller may offer test bends or trials where practical.

 

12. Intellectual Property

12.1 All intellectual property rights in the design, drawings, software (if any), documentation and manufacturing methods of the Goods remain the property of the Seller.

12.2 Purchase of the Goods does not grant the Buyer any rights to copy, manufacture, reverse-engineer or create derivative products based on the Goods, except to the extent permitted by law.

 

13. Force Majeure

13.1 The Seller is not liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by events beyond the Seller’s reasonable control, including but not limited to: acts of God, pandemics, war, strikes, supplier failures, transport disruptions or changes in law.

13.2 In such circumstances, the Seller will notify the Buyer where reasonably practicable and use reasonable efforts to resume performance as soon as possible.

 

14. Governing Law and Jurisdiction

14.1 These Terms are governed by the laws of the State of Victoria, Australia.

14.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

 

15. General

15.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

15.2 The Seller may update or amend these Terms from time to time. The version applicable to a sale is the version in effect at the time the relevant Order is accepted.

15.3 Any waiver of a right under these Terms must be in writing and signed by the party granting the waiver.

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