Terms & Conditons

Effective Date: 01/01/2025

These Terms and Conditions ("Agreement") govern the provision of services and sale of finished products ("Products") provided by Hygrade Casting Pty. Ltd. a business-to-business (B2B) entity, to its clients ("Client" or "you"). By accessing, purchasing, or using our services or Products, you agree to be bound by these terms.

1. Acceptance of Terms

By accepting a quote, placing an order, or receiving services from Hygrade Casting Pty. Ltd., you agree to comply with these Terms and Conditions. If you do not agree with any part of these terms, you must refrain from engaging with our services or Products.

2. Services and Products

Hygrade Casting Pty. Ltd. provides a range of services and Products, including but not limited to 3D wax printing and precious metal castings. Specific details of the Products and services, including pricing, will be outlined in individual quotations, contracts, or orders.

3. Pricing and Payment Terms

3.1 Pricing

• All prices are in Australian dollars (AUD) and are subject to change without notice. Unless otherwise agreed, prices are exclusive of taxes, shipping, and handling costs.
• Applicable taxes, such as GST, will be added to invoices in accordance with applicable tax laws.

3.2 Payment Terms

• Payment is due as per the terms outlined in the invoice. Typically, invoices will be issued upon delivery of the Products or completion of services, and payment is due before completion or collection of services and or goods.
• We accept payments via electronic funds transfer.
• We do not offer trade credits.

3.3 Currency Conversion

• All payments must be made in the currency specified on the invoice. Any additional currency conversion fees will be borne by the Client.

3.4 Pricing Errors

• In the event of a pricing error in a quotation or invoice, Hygrade Casting Pty. Ltd. reserves the right to correct the error and notify the Client accordingly. In such cases, the Client may either agree to the corrected price or cancel the order.

4. Shipping and Delivery

4.1 Delivery

• Delivery of Products will be made to the address specified in the order confirmation or as otherwise agreed between the Client and Hygrade Casting Pty. Ltd.
• Delivery times are estimates and are not guaranteed. Delays due to circumstances outside our control (e.g., shipping delays, natural disasters) will not be deemed a breach of this Agreement.

4.2 Shipping Charges

• Shipping and handling charges will be specified in the quotation or invoice. Any additional delivery costs due to changes in delivery details after order confirmation will be borne by the Client.

5. Returns and Refunds

5.1 Returns

• Products can only be returned if they are defective or if there is an error in the order. Products must be returned within 2 business days of receipt, subject to prior approval from Hygrade Casting Pty. Ltd.
• Return shipping charges are the responsibility of the Client unless the Product is defective or incorrect.

5.2 Refunds

• Refunds are processed only for defective or incorrectly supplied Products. Refund requests must be made in writing within 2 business days from receipt of Products.

6. Client Responsibilities

6.1 Accuracy of Information

• The Client is responsible for providing accurate and complete information when placing orders or requesting services, including billing and shipping addresses, contact details, and payment information.

6.2 Product Use

• The Client agrees to use Products only for the purposes for which they were intended and in accordance with any instructions or specifications provided by Hygrade Casting Pty. Ltd.

6.3 Account Security

• If the Client is required to create an account, the Client is responsible for maintaining the confidentiality of their account information and passwords. The Client agrees to notify Hygrade Casting Pty. Ltd. immediately of any unauthorized use of their account.

7. Intellectual Property

7.1 Ownership

• All intellectual property rights, including copyrights, trademarks, patents, and trade secrets, in the services and Products provided by Hygrade Casting Pty. Ltd. remain the sole property of Hygrade Casting Pty. Ltd. or its licensors. The Client is granted a limited, non-transferable licence to use the Products and services in accordance with the terms of this Agreement.

7.2 User-Generated Content

• If the Client submits any feedback, comments, or content to [Company Name], the Client grants Hygrade Casting Pty. Ltd. a worldwide, royalty-free licence to use, modify, and distribute such content for business purposes.

8. Confidentiality

Both parties agree to keep confidential all proprietary or sensitive information disclosed during the course of business, including pricing, contracts, and business strategies. This obligation remains in place for 10 years after the termination of this Agreement.

9. Limitation of Liability

• Hygrade Casting Pty. Ltd. is not liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use the Products or services.
• Hygrade Casting Pty. Ltd. total liability for any claim under this Agreement is limited to the amount paid by the Client for the Products or services giving rise to the claim.

10. Force Majeure

Neither party will be held liable for failure to perform obligations under this Agreement due to circumstances beyond their control, including but not limited to natural disasters, acts of government, war, or disruptions in supply chains.

11. Termination

11.1 Termination for Breach

• Either party may terminate this Agreement if the other party materially breaches the terms and fails to remedy the breach within 14 days after written notice.

11.2 Termination for Convenience

• Either party may terminate this Agreement by providing 14 days written notice to the other party.

12. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved within 14 days it shall be submitted to [arbitration/mediation], in accordance with the rules of relevant local governing body or jurisdiction.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia without regard to its conflict of law principles.

14. Amendments

Hygrade Casting Pty. Ltd. reserves the right to update, modify, or change these Terms and Conditions at any time, without notice. The Client will be bound by the updated terms upon their next transaction.

15. Miscellaneous

• Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
• Waiver: A waiver of any breach of any provision of this Agreement shall not be construed as a waiver of any future breach.

16. Contact Information

For any questions or concerns, please contact us at:

Hygrade Casting Pty. Ltd.
Level 8, Suite 815, 185 Elizabeth Street, Sydney NSW 2000 Australia
0414 274 641
info@hygradecasting.com.au
www.hygradecasting.com.au