Terms of Service
We own the business trading as “E-Static Powder Coating” ABN 25 612 054 065.
You wish to acquire our services and we agree to provide those services for you on our terms of service set out below.
Where applicable, the guarantor(s) agree(s) to guarantee the performance of your obligations contained in these terms of service.
1. Our Intention
1.1 These terms of service apply on every occasion we provide services of any type for you unless agreed otherwise in writing between us. Acceptance of our services by you verifies that these terms of service apply and are binding on you and the guarantor(s).
1.2 If you provide us with an order, we are not deemed to have accepted the order until it is confirmed in writing by us at our discretion.
1.3 Annexure “A” and “B” hereto form a part of the terms of service and you acknowledge that you have been provided with a copy of these annexures.
2. Orders, Quotes and our Pricing
2.1 The price for the services will be as:-
(a) quoted by us in writing to you; or
(b) specified in an order accepted by us in the way described in clause 1.2.
If we have not provided a written quote or you have not furnished us with an order, then our standard price list will apply. If we have provided you with a quote, you acknowledge that the quote and the prices contained in the quote lapses if not accepted within thirty (30) days.
2.2 All prices are exclusive of any delivery costs, GST, as well as any other taxes, tariffs, duties or charges levied. You agree to pay any such costs, taxes, tariffs, duties or charges irrespective of whether they are directly charged to you or us.
2.3 We may amend or withdraw a quote for the provision of services at any time before it is accepted by you;
2.4 You may not vary or cancel an accepted order unless you:-
(a) first obtain our written consent; and
(b) indemnify us for any loss or damage caused by the variation or cancellation.
2.5 Our quote is subject to change or additional surcharge in accordance with the provisions of Annexe A.
3. Promises to each other
3.1 We will:-
(a) act in good faith in providing the services within the agreed timeframe or if no timeframe has been agreed, then in a timely manner; and
(b) not be liable to you for any loss or damage should we be unable to provide the services in the agreed timeframe or where no timeframe is agreed, in a timely manner, if the delay or non-performance is due to circumstances beyond our reasonable control.
In the event of delay in the provision of the services the due date will be deferred for a period equal to the time lost by reason of the intervening cause or circumstance.
3.2 You must pay all amounts due and payable to us without deduction or set-off whatsoever.
3.3 In relation to services that we perform for you, you will acquire ownership of the tangible outcome of those services so long as you are not in default of the terms of service and you have paid all monies owing to us.
4. Payment, Credit and Interest
4.1 You agree to pay us all monies which are owing for services we provide you, on the date of the invoice issued by us in respect of those services, unless we have approved a credit trading account for you.
4.2 You agree that we may:
(a) impose a surcharge on you for payments by credit card; and
(b) charge interest at the rate of 8% per annum calculated from the due date of payment until the actual date of payment.
5. Delivery and Storage
5.1 Unless the delivery of goods to you after the completion of the services is included in our quote you must arrange for the collection of the goods in a timely manner after completion of the services.
5.2 We will allow three (3) business days after notification that the services have been completed for the goods to be collected, if they are not collected within this timeframe we will charge an additional fee for storage.
5.3 We do not accept any liability for loss or damage to goods stored beyond the three (3) business day limit.
5.4 If our quote provides for delivery of the goods after the services are completed, we will wrap the goods in an effort to minimise damage caused during transit. However we do not warrant that no damage will be caused and we accept no liability for any damage caused during transit.
5.5 We cannot guarantee delivery times or dispatch dates and accordingly we do not accept any liability for any loss caused due to delays in goods being delivered to you.
6. Lien and sale
6.1 You grant us a lien over any goods for all costs, charges and expenses which become due and payable to us by you on any account of the Services.
6.2 You agrees that we may at any time detain, withhold or store the goods until such amounts as are outstanding to us are paid in full.
6.3 You grant a charge in favour of us over the goods in respect of and all amounts due and payable to us.
6.4 Where any sum due to us remains unpaid, we are entitled, on giving twenty-eight (28) days’ notice in writing to you, (without liability to you) to sell or dispose of the goods by public auction or by private treaty at your risk and expense and apply the proceeds of any such sale or disposal in or towards the payment of the sums due and you indemnify us for any loss or damage which you may suffer as a result of us taking such action.
7. Warranties and Limitation of our Liability
7.1 Except as required by law, we give no warranty in relation to any services provided to you. You acknowledge that you have not relied on any representations or warranty which may be made on our behalf.
7.2 All warranties, guarantees and conditions implied at common law or under statute are expressly excluded from these terms of service unless such exclusion would be illegal or void.
7.3 To the extent permitted by law, liability under these terms of service or a warranty, guarantee or condition which cannot legally be excluded is limited to:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
7.4 Except as expressly provided in these terms of service, we are not liable for any consequential loss or damage (including, loss of profits, revenue, business opportunities, anticipated savings and damage to goodwill).
7.5 Annexure B of these terms of service sets out particular limits of our liability.
8. Indemnity
8.1 You indemnify us for any loss or damage suffered by us which results from:
(a) any breach of these terms of service by you or any negligence which includes your failure to follow or non observance of the recommendations contained in the Annexures;
(b) any breach of law by you; or
(c) the death or injury to any person or damage to any property arising from the performance by you of your obligations under these terms of service.
9. Default and Termination
9.1 You may give notice to us at any time that you wish to terminate our agreement. However if this occurs, you agree to pay our fees for work done, including all reasonable and unavoidable costs incurred by us that are attributable to termination.
9.2 We may terminate this agreement without incurring any liability to you if there has been a substantial increase in the cost of providing the services between the date of this agreement and the date of provision arising from circumstances beyond our reasonable control and you and we cannot agree on an adjusted price for the services.
9.3 Without prejudice to any of our accrued rights or remedies:-
(a) if an insolvency event occurs, we may immediately terminate this agreement upon notice to you; and
(b) if an event of default occurs, then:
(i) any monies payable by you to us whether due for payment or not will become immediately due and payable;
(ii) we may cancel any outstanding order or arrangement with you; and
(iii) we may terminate this agreement immediately upon the event of default not being remedied within ten (10) business days of the receipt of a notice from us requesting the event of default to be remedied.
10. Guarantee and Indemnity
10.1 The guarantor(s) have requested that we enter into these terms of service with the customer and we have agreed to do so in consideration of the guarantor(s) providing this guarantee and indemnity which is given by signing these terms of service.
10.2 The guarantor(s) jointly and severally guarantee the due and prompt performance of the customer of all its obligations under these terms of service including the payment of all monies payable.
10.3 The guarantor(s) indemnify and agree to keep us indemnified against any loss and damage we may suffer resulting from any failure of the customer to perform its obligations under these terms of service.
10.4 If the customer makes default in the due and punctual payment of the all monies due and owing at any time to us the guarantor(s) will pay and make good to us on demand:
(a) all monies due and owing by the customer;
(b) any costs (including legal costs on an indemnity basis), loss or damage incurred or suffered by us in consequence of the customer failing to pay the said monies to us; and
(c) interest at the rate of 8% per annum from the due date until the date of payment.
10.5 This guarantee and indemnity will not be affected by:
(a) an assignment by us of our interest in these terms of service;
(b) a variation to the terms of service;
(c) termination of these terms of service;
(d) the granting of any time, forbearance or other concessions by us to the customer or the guarantor(s);
(e) the release or death of one or more of the guarantor(s).
10.6 The liability of the guarantor(s) will continue until the customer has paid all money and performed all of its obligations under the terms of service.
11. Notices
11.1 Any notices to each other required by these terms of service must be in writing and sent to the address nominated at time of direction to proceed with the services.
11.2 Notices are taken to be received:
(a) if hand delivered, at the time of delivery;
(b) the case of a posted letter, on the second business day after posting; and in the case of a facsimile or email, when the confirmation of receipt from the receiving machine is received by the sender.
12. Dictionary
(a) “event of default” means any one of the following:
(i) you cease or threaten to cease to carry on business;
(ii) an insolvency event;
(iii) you fail to pay any invoice or demand for payment issued by us;
(iv) you breach your obligations under these terms of service and the breach is not remedied within ten (10) business days; or
(v) your cheque to us is dishonoured for payment.
(b) “goods” means any personal property owned or supplied by the customer in connection with the services supplied by us;
(c) “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(d) “insolvency event” means any of the following events in relation you or a guarantor:
(i) being in liquidation or provisional liquidation or under administration;
(ii) having a controller (as defined in the Corporations Act 2001 (Cth) appointed to any of your property;
(iii) being taken under s.459F(1) of the Corporations Act 2001 (Cth) for failing to comply with a statutory demand;
(iv) being unable to pay your debts as they fall due or where the other party believes, on reasonable grounds, that you are insolvent;
(v) taking steps that are reasonably likely to result you becoming insolvent under administration as defined in s.9 of the Corporations Act 2001 (Cth);
(vi)
proposing to enter or entering into a compromise or arrangement with, or assignment for, the benefit of your members or creditors; or
(vii) being wound up or dissolved.
(e) “law” means the Competition and Consumer Act 2010 (Cth) (as amended from time to time) and any other applicable law;
(f) “services” means the services carried out by us.
(g) “terms of service” means this agreement together with any quote, order or credit application which may be annexed to these terms of service;
(h) Unless expressed to the contrary, in these terms of service:
(i) “you” means the customer who signs this agreement and “we” or “us” means the supplier of the services.
(ii) a reference to any party includes that party’s legal personal representatives, successors or assigns;
(iii) if words or phrases are defined and appear in bold in these terms of service, other grammatical forms have corresponding meanings;
(iv) a reference to a monetary amount means that amount in Australian currency;
(v) “includes” means “includes without limitation”;
(vi) “conduct” includes any admission, statement or undertaking, whether or not in writing;
(vii) a right or obligation of any two (2) or more persons confers that right or imposes that obligation jointly
and severally.
13. General
13.1 Survival
Any obligations in these terms of service which are of a continuous nature or which are not fully satisfied and discharged on fulfilment or termination of an order, will continue to apply.
13.2 No Waive
Our failure to enforce at any time, or for any period of time, any term of service will not constitute a waiver of such term and will in no way affect our right later to enforce these terms of service.
13.3 Entire Agreement
These terms of service represent the entire agreement between the parties and supersede all prior negotiations, arrangements, agreements and understandings, either verbal or written between us.
13.4 Assignment
We may assign our interest in these terms of service by providing written notice to you.
13.5 Variations and Errors
No variation to these terms of service is enforceable unless it is in writing and signed by both of us and the guarantor/s. Any clerical errors are, however, subject to correction by us.
13.6 Severance
Any provision of these terms of service which are found to be invalid or unenforceable are to be severed but all other provisions shall remain unaffected.
13.7 Governing Law
These terms of service are governed by the laws of Queensland and the Commonwealth of Australia and both of us submit to the non-exclusive jurisdiction of the courts of Queensland.
Annexure A
Powder coated finishes are hard and durable and therefore are difficult to remove with abrasive blasting. Although this is a desired characteristic of our finished product, it can be time consuming and result in increased material surface roughness when abrasive blasting powder coated finishes from materials. Furthermore this may result in increased time beyond an estimate to effectively conduct abrasive blasting of customer supplied goods.
Any surface contaminants and/or lubricants eg. oil, grease, other lubricants etc are to be degreased, cleaned and/or removed by the customer prior to processing to prevent contamination and/or damage to the coating during processing. We reserve the right to apply a surcharge beyond the quoted price (where applicable) for removal of and/or rectification of imperfections in the finished coating due to inadequate removal of surface contaminants by the customer.
The abrasive blasting process does not remove silicone or sealant products efficiently and therefore it is required that customers remove any silicone or sealant products present on items prior to processing to avoid additional charges. We reserve the right to apply a surcharge beyond the quoted price (where applicable) for removal of and/or rectification of silicone or sealant products in the finished coating due to inadequate or failure to remove such materials within the product by the customer.
Materials provided for chemical pre-treatment shall be free draining under gravity and free of any internally sealed compartments. Water pressure applied during the chemical bath pre-treatment processes may allow chemicals to enter small imperceptible holes within the product that cannot drain /
dry under gravity and room temperatures. This entrained moisture may cause damage to the product (and other products within the oven) during baking as any contained chemicals will boil at approximately 100 degrees Celsius resulting in insufficient temperature for curing the surface coating and/or damage/discolouration of the surface finish from release of boiling liquid and/or water vapour in localised areas. A minimum of 2 x 10mm diameter holes (or larger, top and bottom) shall be provided for draining each sealed compartment within product design to allow effective draining of internal product compartments. Customers are to advise us of any and all items that are not to be drilled prior to or at time of goods delivery such that we can advise an alternative service method/s to chemical pre-treatment for such items. Where explicit direction not to drill holes is not provided by the customer and in the event that adequate drainage provisions are not incorporated within a customer supplied product design (in our opinion), customers approve us to drill holes in customer supplied materials to provide adequate drainage for pre-treatment processing. These holes will be permanent and potentially visible in the finished product. We reserve the right to apply a surcharge beyond the quoted price (where applicable) for drilling of drainage holes in products. Customers acknowledge and accept that this charge is higher than the direct and indirect costs for drilling goods as it incorporates consideration for:the direct labour, material and overhead costs for drilling the customer goods,
reprocessing of customer supplied and third party goods where required due to damage of surface finish resulting from entrained liquid products from insufficient drainage design, and
addressing health and safety risks associated with drilling holes and draining internal compartments potentially containing industrial acids and chemical products
Products shall be free from contaminants such as adhesive tape, adhesives, stickers, decals, oil, silicon, rubber, plastic, wax and grease including water based lubricants from manufacture e.g. Cold saws. These shall be removed by the customer prior to processing as we do not have facilities to effectively remove these surface contaminants and failure to remove these contaminants may result in damage, defects and/or discolouration of the finished coating. We reserve the right to apply a surcharge beyond the quoted price (where applicable) for removal of and/or rectification of contaminants in the finished coating due to inadequate or failure to remove contamination of the product by the customer.
Customers are to advise us of any and all areas on product that are required to be free from overspray / coating application and need to be taped / masked to prevent application of the powder to select surface areas. Additional charges may be required to mask areas that are required to be free of any and all powder coat and/or primer finish e.g. bearing housings, threaded holes, seal mating surfaces etc.
Annexure B
Abrasive Blasting
Thin flat surfaces (e.g. sheet metal or thin metal areas) may warp, abrade away and/or deform under blasting pressure resulting in wrinkles / deformation and/or complete abrasion of the thin metal surface. We do not recommend or warrant abrasive blasting services will not cause surface deformation or damage on customer supplied thin metal products.
Severely corroded material will be removed through the abrasive blasting process. No fillers are used in the powder coating process, therefore this may result in imperfections in finished the surface due to irregularities in base material surface. We recommend the use of textured finishes for materials that have been subject to heavy corrosion and/or surface pitting to reduce the visibility of finished surface imperfections.
Abrasive blasting of soft metals such as aluminium may result in a slightly rough surface after blasting and as such these materials are not recommended for an abrasive blasting process if a minor increase in surface roughness is not acceptable in the finished surface coating.
Any fittings or accessories not made of steel or aluminium e.g. rubber, plastic, electrical wiring/components, bearings, seals, other fitments and fittings or silicone must be removed by the customer prior to processing to prevent damage and/or loss of these items during the abrasive blasting and/or powder coating process. We accept no liability for loss or damage of accessories where customers have failed to remove these items prior to processing.
Any decals or stickers present on products to be abrasive blasted are to be removed by the customer prior to processing as these will be irreparably damaged by the abrasive blasting and/or powder coating process. We accept no liability for loss or damage of accessories where customers have failed to remove these items prior to processing.
Pre-treatment
Our chemical pre-treatment processes are not designed for treatment of stainless steel materials. We recommend light abrasive blasting stainless
steel materials to provide a mechanically roughened surface for acceptable adhesion of the powder coated finish to stainless steel surfaces. We cannot recommend, guarantee or warrant powder coating applied on any stainless steel surfaces where customers elect not to progress with light abrasive blasting preparation during processing.Products are exposed to light industrial acids during pre-treatment that may adversely affect some metals. Aluminium and hot dipped galvanised materials are suitable for processing through our standard pre-treatment process. Please check with us if you are unsure if your product contains any other materials prior to processing so we can advise if our process may have any adverse effects. We accept no liability for loss or damage of where customers have failed to advise us of or remove these materials prior to processing.
Our pre-treatment processes are unable to remove anodised coatings (and/or heavily corroded zones) from aluminium surfaces. As such we cannot recommend, guarantee or warrant powder coating applied over anodised aluminium or aluminium surfaces with areas affected by heavy corrosion.
Hot dipped galvanised materials shall be specified and supplied as air cooled rather than water quenched from the Hot Dipped galvanising process in order to ensure effectiveness of our chemical pre-treatment process. Due to the reduced effectiveness of the material pre-treatment, we cannot recommend, guarantee or warrant powder coating applied on any surfaces supplied in quenched hot dipped galvanised form.
Some zinc coating such as Duragal®~ and equivalent square and circular hollow section materials are coated with a thin, clear polymer coating designed to reduce exposure of the zinc surface to the atmospheric corrosion prior to use. Due to the presence of this polymer coating on the metal surface, our chemical pre-treatment process is unable to contact the metal surface directly and therefore cannot provide corrosion protection and adhesion benefits to the product surface in preparation for powder coating. We recommend the removal of the polymer coating via light abrasive blasting prior to chemical pre-treatment and subsequent powder coating. At the customer’s request, we will coat materials without removing the polymer layer however we do not recommend, guarantee or warrant powder coating applied over polymer coated Duragal®~ or equivalent surfaces without removal of the polymer coating during processing. ~ Duragal® is a registered trademark of Austube Mills Pty Ltd and is used to provide example of zinc coatings typically supplied with a clear polymer layer over the zinc coating.
Powder coating and priming
Powder coating is applied through an electro-static application process and therefore can only be applied to conductive metal surfaces that can withstand the high temperatures of greater than 200 degrees Celsius during the baking process. Low melting point metals such as general purpose solder and some brass materials are known to soften and or melt under these temperatures and therefore goods containing these materials are not recommended for powder coating. We cannot be held responsible for any loss or damage to customer goods containing these materials.
Recoating of existing powder coated surfaces is not recommended as adhesion, contamination and product corrosion protection characteristics of the finished product cannot be adequately predicted and controlled. Any surface contaminants present on the existing coating may lead to an irregular finish, defects and/or reduce coating service life. We can perform recoating of powder coated products at customer request, however cannot guarantee successful application or service life and therefore do not warrant any recoated products.
All customer supplied products for powder coating shall be free of any plastic or rubber fittings, wiring, electrical components as they are likely to be damaged by the oven curing process. We accept no liability for loss or damage of accessories where customers have failed to remove these items prior to processing.
Powder coating of hot dipped galvanised materials may result in surface irregularities in the finish due to the underlying galvanised surface and entrained air bubbles within the galvanising layer. Our standard service does not include any sanding, filing, or preparation of the galvanised surface. Customers who are concerned with the quality and longevity of the surface finish should elect for optional heat treatment of the material prior to processing in order to reduce the frequency of air bubble release from the galvanised layer impacting the powder coated finish and/or elect for optional surface preparation treatment to reduce the frequency of irregularities in the galvanised surface.
During powder coating, products are suspended in an oven at elevated temperatures. In order to facilitate hanging of products for powder coating, goods shall be supplied with holes of suitable size, location and strength to suspend the product for processing or have surfaces that do not require coating that can be used to support the product during processing. Customers are to advise us of any and all items that are not to be drilled. If no explicit direction is provided by the customer and in the event that adequate suspension/support locations are not available on a customer supplied product (in our opinion), customers approve us to drill holes in customer supplied materials to provide adequate suspension / support locations for processing. These holes will be permanent and potentially visible in the finished product. Furthermore minor defects in the surface coating may be present at suspension/support point locations due to the interaction of hanging wire / jigs with the coated surface. These irregularities are a necessary part of the powder coating process and do not constitute a defective coating application or finish. Customers acknowledge and accept the above when directing us to conduct requested powder coatings and/or priming services to their products.
Under circumstances where we are requested to apply powder coating over customer supplied materials that have been primed (zinc rich or otherwise) by others, we cannot warrant:
the suitability of the primer for powder coating or vice versa,
corrosion resistance of the primer layer,
adhesion of the powder coating to the primer,
adhesion of the primer to the substrate material, and/or
the application of a powder coat finish will realise an acceptable finish or outcome.
We reserve the right to select the powder manufacturer to meet the specified colour and gloss finish requirements specified by the customer except in circumstances where the customer specifies the manufacturer and unique product number in addition to the colour and surface finish / gloss level as and where applicable. Please note minor colour and/or finish variation can occur between different manufacturer powders of the same colour name and therefore we recommend customers specify the required manufacturer and product number where colour matching for the application is critical.
Powder coated finishes are generally harder wearing and more durable than painted finishes, however are still subject to damage to decorative finish through scuffing, abrasion and impact. We do not accept loss or damage to the surface finish as a result of impact damage or fair wear and tear. Customers should also review the Interpon and Dulux care and maintenance guides for powder coated finishes to maintain and preserve the condition of the finish over its lifetime, copies of these guides are available in store and on respective manufacturer websites. We recommend electing for optional wrapping services should your product require additional protection from scuffing, marking or damage during transport.
We apply powder coated finishes and primers through an electro-static application process which is subject to the physical limitations of the Faraday Cage Effect. For products with inside corners or complex geometries this effect may result in localised areas with lower thickness or no coverage of the coating film in the inner recesses of these complex geometry zones. All care is taken to realise a uniform coating application in areas of product affected by a Faraday Cage Effect however cannot guarantee any and all surfaces of a product will realise a consistent and uniform film coating due to the presence of this physical process limitation. Customers accept and agree that this effect is a known physical limitation of the electro-static application process and any areas of the product that are unable to be coated uniformly due to the presence of the Faraday Cage Effect are not considered an unacceptable defect in the finished product.
Wrapping / Packaging
We provide wrapping / packaging services to provide additional protection to finished products during handling and shipping. We do not warrant wrapping applied to material will prevent any defects, impact damage or scuffing whatsoever during handling & shipping or is suitable for any particular transport method or distance.