Terms and Conditions of Quotation & Supply
1. General
1.1These Terms and Conditions apply to all quotations, orders, and supply of goods by Custom Luggage Co PTY LTD T/A Aus Security Products (ABN 74 002 181 320) (“the Supplier”).
1.2Any acceptance of a quotation constitutes acceptance of these Terms and Conditions.
1.3These Terms prevail over any terms proposed by the Customer unless agreed in writing by the Supplier.
2. Quotations
2.1All quotations are valid for 30 days from the date of issue unless otherwise stated.
2.2Quotations are based on information provided by the Customer and may be revised if specifications or requirements change.
2.3The Supplier reserves the right to withdraw or amend a quotation prior to acceptance.
3. Pricing
3.1All prices are in AUD and are inclusive of GST, unless stated otherwise.
3.2The Supplier reserves the right to adjust pricing due to:
- Exchange rate fluctuations
- Supplier price increases
- Changes in scope or specifications
4. Orders & Acceptance
4.1Orders are only binding once accepted by the Supplier.
4.2The Supplier may refuse any order at its discretion.
4.3Once accepted, cancellations or variations must be agreed in writing and may incur costs.
5. Payment Terms
5.150% deposit is required for bulk material orders with balanced paid on
dispatch of products.
5.2The Supplier may require a deposit or full prepayment prior to manufacture or dispatch.
5.3Late payments may incur:
- Interest at 2% per month on the outstanding balance
- Suspension of supply until the account is brought current
5.4Retention clauses, including retention monies or withheld payments, will not be accepted under any circumstances.
6. Delivery
6.1Delivery timeframes are estimates only and are not guaranteed.
6.2The Supplier is not liable for delays beyond its control, including supplier delays, freight issues, or force majeure events.
6.3Risk in the goods passes to the Customer upon delivery or collection.
6.4Any delivery shortages or damage must be reported within 48 hours of receipt.
6.5Prices quoted for delivery are based on standard domestic shipping during normal business hours. Express, after-hours, or re-attempted deliveries will be charged separately.
7. Title (Retention of Ownership)
7.1Ownership of goods remains with the Supplier until full payment is received.
7.2Until payment is made, the Customer must:
- Store goods separately and identifiably as the Supplier’s property
- Not resell or alter goods without the Supplier’s written consent
7.3The Supplier reserves the right to reclaim goods if payment is not received.
8. Specifications & Use
8.1The Customer is responsible for ensuring products are suitable for their intended use.
8.2The Supplier does not provide installation services and accepts no responsibility or liability for installation, integration, or performance once products are installed.
8.3Any technical advice provided is given in good faith but without liability.
9. Returns & Cancellations
9.1Returns are only accepted with prior written approval.
9.2Approved returns may be subject to a restocking fee of up to 20%.
9.3Custom, special-order, or made-to-order items are non-refundable.
9.4Freight costs for returns are the responsibility of the Customer unless otherwise agreed.
10. Warranty
10.1Goods are supplied with the benefit of any applicable manufacturer’s warranty.
10.2The Supplier’s liability is limited to, at the Supplier’s discretion:
- Repair of the goods
- Replacement of the goods
- Issue of a credit note
10.3This warranty does not cover:
- Misuse or improper installation
- Normal wear and tear
- Unauthorised modifications
10.4Nothing in these Terms excludes or limits rights under the Australian Consumer Law.
11. Limitation of Liability
11.1To the maximum extent permitted by law, the Supplier is not liable for:
- Indirect or consequential loss
- Loss of profits, revenue, or business opportunity
11.2The Supplier’s total liability is limited to the value of the goods supplied under the relevant order.
12. Force Majeure
12.1The Supplier is not liable for failure or delay due to events beyond its reasonable control, including:
- Natural disasters or extreme weather
- War, civil unrest, or government action
- Supply chain disruptions or raw material shortages
13. Confidentiality
13.1All quotations and associated documentation are confidential and must not be disclosed to third parties without the prior written consent of the Supplier.
14. Intellectual Property
14.1All designs, specifications, and documents provided by the Supplier remain the Supplier’s property.
14.2They must not be copied, reproduced, or used without prior written permission from the Supplier.
15. Export, Security & Defence Use
15.1Certain products may be subject to export control laws, defence regulations, or end-use restrictions under Australian and international law.
15.2The Customer agrees to comply with all applicable laws and regulations relating to the use, transfer, or resale of such goods.
15.3The Supplier accepts no liability for misuse or non-compliance by the Customer.
16. EMI / Shielding Performance Disclaimer
16.1Products designed for electromagnetic shielding, Faraday protection, or signal attenuation are dependent on correct design, installation, grounding, and environmental conditions.
16.2The Supplier does not guarantee performance outcomes where installation or integration is not carried out in accordance with best practice or relevant standards.
16.3Performance figures are indicative only and may vary depending on application and environment.
17. Fraud and Corruption
17.1The Supplier maintains a zero-tolerance approach to fraud, bribery, corruption, and unethical conduct.
17.2The Customer must not engage in conduct constituting fraud, bribery, corruption, collusion, or improper conduct in connection with any quotation, order, or contract.
17.3The Customer warrants it has appropriate controls, policies, and procedures in place to prevent fraud and corruption.
17.4Any suspected or actual fraudulent or corrupt activity must be reported promptly to the Supplier.
17.5The Supplier reserves the right to suspend or terminate any order immediately and report the matter to relevant authorities where fraud or corruption is suspected or identified.
17.6The Customer must comply with all applicable laws, including the Criminal Code Act 1995 (Cth) and relevant anti-bribery legislation.
18. Governing Law
18.1These Terms are governed by the laws of New South Wales, Australia.
18.2Any disputes shall be subject to the exclusive jurisdiction of the courts of NSW.
19. Entire Agreement
19.1These Terms and Conditions constitute the entire agreement between the parties unless varied in writing by the Supplier.