Terms & Conditions

General Terms and Conditions of Business

Pressure Systems Pty Ltd | ABN 56 056 448 107

I. Application of These Terms

These terms and conditions apply exclusively to all orders, offers, quotations and supply contracts between Pressure Systems Pty Ltd ACN 056 448 107 and the Buyer, to the exclusion of any terms put forward by the Buyer, even if we do not specifically reject them. Any variation, waiver or addition to these terms is not binding on us unless confirmed by us in writing.

If any provision of these terms is found to be invalid or unenforceable, the validity of the remaining provisions is not affected.

II. Definitions

In these terms, unless the context requires otherwise:

"Australian Consumer Law" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Business Day" means a day that is not a Saturday, Sunday or public holiday in the State of Victoria.

"Buyer" means the person, company or entity purchasing Goods or Services from us.

"Contract" means the agreement between us and the Buyer arising from the Buyer’s order and our acceptance of it, incorporating these terms and any documents expressly incorporated by reference.

"Goods" means the products, equipment, valves, parts and consumables supplied or to be supplied by us under a Contract and includes any items on which Services are performed.

"GST" has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

"Insolvency Event" means, in respect of a person: the appointment of an administrator, receiver, receiver and manager, liquidator, provisional liquidator, controller or trustee in bankruptcy over the person or its property; the person entering into a scheme of arrangement, deed of company arrangement, composition or similar arrangement with its creditors; the person being, or being deemed under applicable law to be, insolvent or unable to pay its debts as they fall due; an application or order for the winding up or deregistration of the person; or any analogous event under the law of any jurisdiction.

"PPSA" means the Personal Property Securities Act 2009 (Cth).

"Services" means any work, services or activities supplied by us, including testing, reconditioning, inspection, repair, certification, adjustment, servicing, installation and technical advice.

"we", "us" and "our" refer to Pressure Systems Pty Ltd.

III. Offer and Quotations

Documents forming part of a quotation or offer, including illustrations, drawings, and details of weights and sizes, are indicative only unless specifically designated by us as binding. We retain ownership and copyright of all cost estimates, drawings and other documents provided to the Buyer, and they must not be made available to any third party without our prior written consent.

Quotations are valid for 30 days from the date of issue unless stated otherwise.

IV. Order Acceptance and Scope of Delivery

IV.1 Order Acceptance

An order placed by the Buyer constitutes an offer by the Buyer to us on these terms and does not bind us until accepted by us in writing. A Contract is formed only when we issue a written order acknowledgment or otherwise expressly confirm acceptance of the order. Our silence, failure to respond, or delay in responding to an order does not constitute acceptance. An order that has not been accepted in writing by us within 10 Business Days of receipt is deemed to have lapsed, unless we confirm otherwise in writing.

Where we have issued a quotation or offer with a specified period of commitment and the Buyer accepts within that period, a Contract is formed on the Buyer’s acceptance, even in the absence of a separate order acknowledgment from us.

Our order acknowledgment will reference these terms and include a link to, or a copy of, them. Where we issue an order acknowledgment after the Buyer’s order, that acknowledgment is an express rejection of any Buyer terms or variations and a counteroffer on these terms. Where the Buyer accepts delivery of the Goods, accepts performance of the Services, makes payment, or does not object in writing within 5 Business Days of our order acknowledgment, the Buyer is taken to have accepted these terms as the terms governing the Contract.

IV.2 Customer Terms, Variations and Counteroffers

Any terms, conditions, specifications, quantities, delivery requirements, commercial terms or other provisions contained in or referenced by the Buyer’s order, purchase order, purchase order acknowledgment, counter-signed quotation, master agreement, framework agreement, correspondence, or other document issued by the Buyer, which differ from, conflict with, or are additional to the provisions of our quotation and these terms, are treated as a counter-offer and are of no effect unless expressly accepted by us in writing.

This applies whether the Buyer’s terms are stated on the face of the document, incorporated by reference, contained in an attachment or hyperlink, stated on a website, contained in a separate document provided to us, or imposed by any standing instruction from the Buyer. It applies whether the Buyer’s terms are characterised as "our standard terms", "purchasing conditions", "supplier terms", "master terms", or by any similar description.

Our commencement of work, supply of Goods, issue of an invoice, acceptance of payment, or any other act of performance does not constitute acceptance of any such terms, conditions, specifications or variations put forward by the Buyer. Acceptance of Buyer terms or variations requires our express written acknowledgment specifically referencing the terms or variations in question. A general order acknowledgment does not constitute acceptance of Buyer terms.

Where the Buyer’s order differs from our quotation in any material respect, including as to price, specification, quantity, delivery date, place of delivery, or commercial terms, we may at our option: (a) treat the order as a new offer and issue a revised quotation; (b) accept the order only in respect of those elements that align with our original quotation and reject the variations; or (c) reject the order in whole. We are not obliged to perform on the Buyer’s revised terms unless we expressly accept them in writing.

IV.3 Scope of Delivery

Our written order acknowledgment is binding for the scope of delivery. Any verbal agreements or modifications require our written confirmation.

V. Prices, GST and Payment

Unless specifically agreed otherwise, prices are EXW Seaford (Incoterms 2020). Unless otherwise stated, all prices are exclusive of GST. GST, where applicable, will be added to each tax invoice at the prevailing rate.

Payment is due 30 days from the invoice date, by direct deposit to our nominated bank account or by such other method as we approve in writing. Payment must be made in full without set off or deduction, and regardless of the status of any shipment, inspection or acceptance documents, except to the extent of any amount properly the subject of a bona fide dispute notified to us in writing.

We reserve the right to suspend further supply, withhold delivery, or require payment in advance for any account where payment is overdue.

VI. Credit Terms

All first orders, and all orders from Buyers who have not completed our credit application process, are supplied on prepayment terms. Credit terms may be extended at our sole discretion following submission and approval of a completed credit application, including the provision of suitable trade references.

We reserve the right at any time to review, reduce, suspend or withdraw a credit facility, to require a personal or corporate guarantee as a condition of credit, or to return a Buyer to prepayment terms. We will give the Buyer reasonable notice of any such change, except where immediate action is required to protect our legitimate interests, for example where the Buyer is in material breach of the Contract or has suffered an Insolvency Event.

VII. Delivery

The delivery period commences on receipt of the order, but not before submission of any documents, licences or clearances to be provided by the Buyer.

The delivery period is deemed to have been met if the Goods have left our works, or if readiness to supply has been notified, by the end of the nominated period. Quoted delivery periods are estimates only and are not binding unless we have agreed to them in writing as a fixed commitment.

The delivery period is reasonably extended in the event of any delay caused by the Buyer, or by any event of the kind described in Section XVII (Force Majeure).

If despatch is delayed at the request of the Buyer, we may charge storage costs commencing one month after notification of our readiness to supply. After a reasonable period of grace has elapsed without despatch, we may either dispose of the Goods to a third party and recover any shortfall from the Buyer, or offer the Buyer extended terms to take delivery. Section X.2 applies in the same way.

The Buyer must perform its contractual obligations as a condition of our compliance with the delivery term.

VIII. Transfer of Risk and Acceptance

Risk in the Goods passes to the Buyer on despatch from our premises, including in the event of part deliveries, and including where we have assumed additional performance obligations.

If despatch is delayed due to circumstances attributable to the Buyer, risk passes to the Buyer on the date of the notification of readiness to supply.

The Buyer must take receipt of the delivered Goods, without prejudice to its rights under Section XII. Part deliveries are permitted.

IX. Reservation of Title and PPSA

Title to the Goods remains with us until we have received payment in full of all amounts owing by the Buyer to us, whether under the Contract for the Goods or otherwise.

Until title passes, the Buyer must not assign the Goods by way of security, grant any encumbrance over them, or allow any third party to acquire any interest in them. The Buyer must notify us immediately of any levy, seizure, execution, Insolvency Event, or other third-party claim affecting the Goods.

Notwithstanding the above, the Buyer may use the Goods and deal with them in the ordinary course of its business during any credit period, including by on selling, installing, or incorporating them into other products or systems. Where the Buyer on-sells Goods before payment to us in full, the Buyer holds the proceeds of sale on trust for us to the extent of the amount owing in respect of those Goods, and our security interest under the PPSA extends to those proceeds (including any account receivable or other right to payment arising from the on-sale) accordingly.

Where any amount is overdue from the Buyer to us, in addition to any other rights we may have: (a) we may require the Buyer to assign to us any account receivable or other right to payment arising from the on-sale of Goods, up to the amount then owing by the Buyer to us; (b) we may give written notice to any third party purchaser of the Goods directing that any unpaid amount in respect of those Goods be paid directly to us rather than to the Buyer, and any such payment will discharge the third party’s payment obligation to the Buyer to that extent; and (c) the Buyer must, on our request, provide us with particulars of any on-sale of Goods, including the identity of the purchaser, the amount payable and the payment status. The Buyer irrevocably appoints us as its attorney to execute any document reasonably required to give effect to these rights.

In the event of any breach of contract by the Buyer, including payment arrears, we may, after giving written notice, repossess the Goods, and the Buyer must permit us (or our agents) access to its premises to do so. Any such repossession or enforcement does not constitute withdrawal from the Contract.

The Buyer acknowledges that these terms create a security interest under the PPSA in favour of Pressure Systems Pty Ltd over the Goods and their proceeds. The Buyer consents to us registering a financing statement on the Personal Property Securities Register in respect of that security interest and agrees to do all things reasonably required by us to ensure the security interest is perfected and has the highest priority practicable. To the maximum extent permitted by law, the Buyer waives any right it may have under the PPSA which may be waived by agreement, including rights and notices under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142, 143, 157 and 157(3). The Buyer and Pressure Systems Pty Ltd agree that neither party will disclose information of the kind described in section 275(1) of the PPSA.

X. Cancellation and Return

X.1 Cancellation of Orders

This subsection applies to the cancellation of orders prior to despatch. For the treatment of Goods already delivered, see Section X.2.

The Buyer may request cancellation of an order by written notice to us. The following applies depending on the stage of the order at the time we receive the notice:

(a)  Pre-production: where we have not commenced work on the order, the Buyer is entitled to a full refund of any amounts prepaid, less any third-party charges already incurred that cannot reasonably be recovered.

(b)  In-production: where we have commenced work on the order, a cancellation fee of up to 25% of the order value applies to cover materials, labour and overhead incurred to the date of cancellation. The actual fee is based on the costs incurred, capped at 25% of the order value;

(c)  Customised or imported Goods: orders for Goods subject to permanent customisation, including but not limited to flange drilling, valve modification or specification-to-order manufacture, cannot be cancelled once customisation has commenced, and the Buyer remains liable for the full order value and must take delivery of the Goods. For imported Goods, any charges incurred by us from the manufacturer or forwarder as a consequence of the cancellation will be passed through to the Buyer in addition to any other applicable cancellation fee; and

(d)  Post-despatch: orders cannot be cancelled after despatch. See Section X.2 for returns.

We may cancel an order in whole or in part by written notice to the Buyer where the Buyer has provided incomplete, incorrect or misleading information material to the order; where we are unable to source materials or components, or experience supply chain or operational disruption that prevents us from completing the order within a commercially reasonable period; where a force majeure event of the kind described in Section XVII has affected our ability to perform the Contract; or where the Buyer is in material breach of the Contract. Where we cancel an order under this paragraph, we will notify the Buyer promptly with an explanation and, where feasible, will offer alternative solutions such as substitute Goods or revised delivery dates.

Where cancellation results in a refund being due to the Buyer, the refund will be processed within three Business Days of cancellation being approved, together with a breakdown of any fees or deductions applied. Nothing in this Section affects the Buyer’s rights under the Australian Consumer Law, which are preserved in accordance with Section XIV.

X.2 Return of Goods Supplied

The return of Goods is governed by our Returns Policy (PSD141), available on request. This subsection sets out the contractual framework; operational procedures, including return authorisation, supporting evidence requirements and shipping instructions, are set out in PSD141.

Goods supplied in accordance with the Contract will not be taken back as a matter of right. Where we agree to accept a return, it is categorised as follows:

(a)  Warranty returns: Goods that are faulty, defective, incorrectly supplied, or outside calibration tolerance, and which remain within the applicable warranty period under Section XII, may be returned for repair, replacement or credit at our discretion. No restocking fee applies, and freight costs may be covered by us depending on the circumstances.

(b)  Non-warranty returns: Goods returned for any reason other than a warranty issue may be accepted at our discretion, subject to a restocking fee of up to 30% of the invoice value. Freight costs to our Seaford facility are the responsibility of the Buyer.

Goods made to order, goods subject to permanent customisation (including but not limited to flanges drilled, valves modified, or items configured to the Buyer’s specification), and any items classified by us as non-stock, are not eligible for non-warranty return under any circumstances.

Returns must be made in accordance with PSD141 and must be accompanied by our Return Authorisation Form (PSD164), issued following our approval of the return request. The Buyer must not request a replacement product without first returning the original Goods. Ancillary costs such as inspection charges are not refundable.

XI. Services

XI.1 Scope of Services

We provide inspection, testing, servicing, adjustment and certification services for safety and relief valves strictly within the scope agreed at the time of engagement. These Services are performed using reasonable care and professional skill consistent with recognised industry practice. We do not assume responsibility for the performance, suitability or compliance of the valve or the associated pressure system outside the specific Services carried out. The issue of a test certificate or service report does not constitute a guarantee of system integrity, design adequacy, or ongoing operational safety.

XI.2 Limitations on Liability for Services

To the maximum extent permitted by law, and in addition to the limitations in Section XIV, we exclude liability for loss, damage, or consequences arising from:

(a)  the original design, manufacture, specification, or selection of the valve;

(b)  hidden, developing, or pre-existing defects in the valve, materials or components;

(c)  the condition, layout, capacity, or suitability of the plant, piping, or installation environment;

(d)  system operating conditions, process fluctuations, backpressure effects, or external influences not present during testing;

(e)  any reliance on the valve for duties beyond its intended emergency pressure relief function; and

(f)  compliance of the overall system with legislative, regulatory or site-specific requirements beyond the scope of the Service performed.

Responsibility for correct installation, operation, maintenance and regulatory compliance of the valve and associated equipment remains with the owner or operator at all times.

XI.3 Testing Acceptance Criteria and Decision Rules

Unless otherwise agreed in writing, testing of valves is performed at our Seaford facility in accordance with our in-house methods. The applicable testing standards, tolerances and acceptance criteria are communicated to the Buyer at the quotation stage. Acceptance of our quotation or order acknowledgment constitutes the Buyer’s agreement that testing will be performed in accordance with those standards and that the acceptance criteria of those standards will be applied.

Statements of conformity on our test certificates are determined using simple acceptance as the decision rule. A result is reported as pass where it falls within the tolerance limits defined by the applicable standard, and as fail where it does not. Measurement uncertainty is not deducted from, nor added to, the tolerance band (no guard-banding is applied). Where a measured result falls close to a tolerance limit such that measurement uncertainty may affect the conformity determination, the result will be reviewed by the Production Manager or General Manager prior to issue of the certificate, and any relevant caveat will be noted on the certificate.

Where the Buyer requires a different decision rule, for example guard-banded acceptance, this must be agreed in writing prior to testing and may require amendment to the test scope or additional testing.

Testing is performed in two phases. During the calibration phase, we perform multiple internal tests to verify repeatability and confirm the valve is set within the applicable tolerance. These process tests form part of our methodology and are not reported on the test certificate. The final certification test is then performed and its data recorded on the test certificate.

By default, a single certification test is recorded on the test certificate. At the Buyer’s request, and where expressly agreed in writing prior to testing, we will perform and record multiple certification tests on the certificate. Additional certification tests may attract additional charges. Where multiple tests are recorded, the pass or fail determination remains based on the criteria of the applicable standard applied to each test.

XI.4 Abandoned Service Items

Where the Buyer has delivered an item to our facility for Services, the Buyer must respond to any correspondence, query, quotation or request for instruction issued by us, and must make payment of any amount due, within a reasonable time of receipt.

Where the Buyer fails to respond to our correspondence, fails to confirm instructions, fails to approve a quotation, or fails to make payment in respect of work in progress or completed work, we may issue a first notice to the Buyer identifying the outstanding matter. If the matter remains unresolved for 14 days after the first notice, we may issue a final notice clearly stating our intention to return or dispose of the item and the date of that action, being not less than 7 days after the final notice. If the matter remains unresolved on that date, we may, at our discretion, cease further work on the item, return the item to the Buyer at the Buyer’s expense, and invoice the Buyer for all charges incurred up to the date of return, including any work performed, handling, packaging and freight.

Where a return address was provided by the Buyer at the time the item was delivered to us, return will be made to that address, and risk in the item passes to the Buyer on despatch in accordance with Section VIII. Where no return address was provided at the time of delivery, or where the Buyer cannot be contacted to confirm a return address, the item will be destroyed and disposed of after the final notice date referred to above, without liability to the Buyer. The Buyer remains liable for any charges incurred up to the date of disposal.

XI.5 Decontamination and Dangerous Goods Declaration

The Buyer is solely responsible for ensuring that any item delivered to our facility for Services is thoroughly cleaned, decontaminated and free from residue of any process fluid, chemical, hydrocarbon, contaminant or other substance that may pose a health, safety or environmental risk to our personnel, contractors, facility or equipment.

The Buyer must provide a completed and signed dangerous goods declaration in our approved form (PSD114 Valve Repair Request Form, which incorporates the dangerous goods declaration), or equivalent declaration acceptable to us, with each consignment delivered to our facility. The declaration must be signed by an authorised representative of the Buyer and must cover all items in the consignment, confirming that the items are safe for handling and identifying any residual hazard or special handling precaution we should take. We are entitled to rely on the accuracy of the Buyer’s declaration without independent verification.

Where an item is received in a condition that we reasonably consider to present a personnel, facility or environmental risk, whether by reason of inadequate cleaning, residual contamination, absence of declaration, or inaccurate declaration, we will:

(a)  quarantine the item in a safely contained manner at a location of our choosing;

(b)  cease any further handling or Service activity on the item;

(c)  notify the Buyer promptly and require the Buyer to collect the item at the Buyer’s cost; and

(d)  hold the item pending collection, and apply the abandonment provisions in Section XI.4 if the Buyer fails to collect within the period specified in a notice to the Buyer.

We are not obliged to clean, decontaminate or otherwise treat any item received in an unsafe condition, and will not do so. Any charges incurred by us in safely handling, storing, quarantining or returning such items, and any cost of damage to our facility, equipment or other property, or any personal injury, illness or regulatory liability incurred by us as a consequence of the condition of the item or inaccurate declaration, are payable by the Buyer on demand. The Buyer indemnifies us against all such costs, damages, claims and liabilities.

The time limits applicable to the performance of Services do not run during any period in which an item is quarantined under this subsection, and we are not liable for any delay in performance caused by the Buyer’s non-compliance with this subsection.

XII. Warranty and Liability for Defective Supplies

Subject to Section XIV, we are liable for defective supplies as follows, to the exclusion of any further claims.

We will, at our reasonable discretion, repair or replace any part of the Goods which proves to be unusable, or the usability of which is materially impaired, within 12 months of the date of supply, where the defect is due to circumstances existing prior to the transfer of risk, including faulty construction, deficient materials, defective workmanship, or supply outside calibration tolerance. For the purposes of this Section, the date of supply is the date on which risk passes to the Buyer in accordance with Section VIII. Any such defect must be reported to us in writing as soon as it becomes apparent. Replaced parts become our property.

In respect of significant items purchased by us from third parties and on-supplied to the Buyer, our liability is limited to assigning to the Buyer our warranty claims against the original supplier of those items.

Any right of the Buyer to enforce claims for defects lapses 12 months from the date of due notification of complaint, but not before the end of the warranty period.

We are not liable for damage arising from any of the following, unless attributable to our negligence: incorrect or improper use, unauthorised modification, incorrect installation or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, use outside specified operating parameters or operating environment, unsuitable maintenance materials, replacement parts or media, defective work by parties other than us, unsuitable foundations or supporting structures, and chemical, electro-chemical or electrical effects.

The Buyer must, after consultation, grant us the time and opportunity to carry out all rectification and replacement work reasonably required, failing which we are discharged from our liability for defects. The Buyer may only rectify the defect itself, or engage a third party to do so, in urgent cases involving a risk to operational safety or to prevent disproportionate damages being incurred, and must notify us of such circumstances as soon as practicable.

Of the costs directly incurred for rectification or replacement, we will only bear the costs of the replacement, and only if the complaint is substantiated.

The warranty period for any replacement delivery or rectification work is three months, but not ending before the end of the original warranty period for the Goods. The warranty period for the Goods is extended by the duration of any operational interruption caused by the rectification work.

Liability lapses in respect of any modification or repair work carried out incorrectly by the Buyer or a third party without our prior approval.

XIII. Liability for Ancillary Obligations

If, for reasons attributable to us, the Goods cannot be used by the Buyer in accordance with the Contract due to an omitted or defective execution of recommendations or advice given by us, the provisions of Section XII apply to the exclusion of any additional claims.

XIV. Limitation of Liability and Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any law (including the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified. Where such a right or remedy is implied or imposed and cannot lawfully be excluded but may be limited, our liability under that right or remedy is limited, at our option, to the replacement or repair of the Goods, the supply of equivalent Goods, the repair of the Goods, or the payment of the cost of any of the foregoing.

Subject to the paragraph above, to the maximum extent permitted by law, we are not liable to the Buyer for any indirect, consequential, special or economic loss, loss of profit, loss of revenue, loss of production, loss of business opportunity, loss of contract, loss of goodwill, loss of data, loss of use, or loss of anticipated savings, howsoever arising (including in contract, tort, under statute, or otherwise), whether or not we had been advised of the possibility of such loss.

XV. Confidentiality and Release of Information

We will treat as confidential all information obtained or created in the course of performing work under the Contract, including the identity of the Buyer, details of the Goods supplied or serviced, test data, test certificates, and any technical or commercial information disclosed by the Buyer. This obligation binds us and our personnel during and after the performance of the Contract and is given effect through our internal confidentiality policy and through binding obligations on our personnel, contractors and external providers under their engagement arrangements.

We will not release confidential information to any third party except where required by law or by order of a competent authority (in which case we will notify the Buyer in advance where permitted to do so), where the Buyer has expressly authorised release in writing, or in accordance with the reseller-to-end-user provision set out below. Where disclosure is legally required, we will limit the disclosure to that which is required and will provide the Buyer with a copy of the disclosure where permitted to do so.

Where the Buyer is a reseller, distributor, agent or service intermediary and the Goods supplied under the Contract are installed, operated or held by an end user whose plant integrity, safety compliance or regulatory obligations depend on access to our test records, the Buyer authorises us, by its acceptance of these terms, to release the relevant test certificate and associated test data to any party who can positively identify the specific valve by serial number. This authorisation is granted on the basis that the end user is not a direct party to the Contract but has a legitimate operational and safety interest in the test data, and that serial number identification provides sufficient assurance of legitimate access. The Buyer may revoke or qualify this authorisation on a per-order basis by giving written notice at or before the time of order acceptance, and we will comply with any such restriction noted on the order acknowledgment.

Where we propose to place any information obtained or generated under the Contract into the public domain, for example in marketing materials, case studies or published reference lists, we will notify the Buyer in advance and will not proceed without the Buyer’s consent, save for information that the Buyer has itself made publicly available.

XVI. Privacy and Personal Information

We collect, hold, use and disclose personal information (as that term is defined in the Privacy Act 1988 (Cth)) in accordance with the Australian Privacy Principles and our Privacy Policy, available at www.pressuresystems.com.au.

Personal information we collect from the Buyer, the Buyer’s personnel, and other individuals with whom we interact in the course of performing the Contract, is collected and used for purposes including the performance of the Contract, communications relating to quotations, orders, deliveries and test certificates, account and credit management, marketing communications about our products and services, compliance with our legal and regulatory obligations, and the management and improvement of our business. Individuals may opt out of marketing communications at any time by contacting us.

Where the Buyer provides personal information about individuals other than itself, for example its employees, agents or end customers, the Buyer warrants that it has obtained the consent of those individuals, or has another lawful basis, for the disclosure of that information to us and its subsequent handling in accordance with our Privacy Policy.

We will retain personal information for so long as is reasonably necessary for the purposes for which it was collected, having regard to our record retention obligations. Most personal information collected in connection with a Contract is retained in the relevant job or customer file for a minimum of seven years.

Individuals may request access to, or correction of, personal information we hold about them by contacting us in writing. We may require reasonable identification before releasing information and may charge a reasonable administrative fee for providing copies.

Nothing in this Section limits the confidentiality obligations set out in Section XV. To the extent of any inconsistency between this Section and Section XV, the provision giving greater protection to the Buyer or the relevant individual prevails.

XVII. Force Majeure

Neither party is liable for any failure or delay in performing its obligations under the Contract (other than an obligation to pay money) to the extent that the failure or delay is caused by an event beyond that party’s reasonable control. Such events include, without limitation, acts of God; natural disasters including fire, flood, earthquake and severe weather; pandemic or epidemic; war, terrorism, civil unrest or riot; acts, orders, embargoes or restrictions of any government or regulatory authority; cyber incidents including ransomware, denial of service attacks and malicious interference with information systems; failures or interruptions of utilities, telecommunications, transport or supply chains; industrial action including strikes and lockouts; and any other event not reasonably foreseeable at the time the Contract was formed.

The affected party must notify the other party as soon as reasonably practicable of the force majeure event and its expected effect on performance. If the event continues for more than 90 days, either party may terminate the Contract in respect of the affected performance by written notice, without liability to the other, except for amounts accrued due prior to the date of termination.

XVIII. Electronic Communications and Notices

The parties agree that Contracts may be formed, varied and evidenced by electronic means, including email, electronic order placement, and electronic signature, and that such means have the same legal effect as a signed paper document. Our order acknowledgments and invoices may be issued electronically.

Notices under these terms may be given by email or by pre-paid post. A notice is taken to be received on the day the email is sent (if sent during business hours on a Business Day, otherwise on the next Business Day) or on the second Business Day after posting. Notices to us must be sent to:

Pressure Systems Pty Ltd, Factory 2, 35 Sir Laurence Drive, Seaford VIC 3198

Email: [email protected]

Notices to the Buyer will be sent to the last-notified postal or email address for the Buyer held in our records.

XIX. Entire Agreement and Variation

The Contract, comprising the order, our order acknowledgment, these terms, and any documents expressly incorporated by reference, constitutes the entire agreement between the parties in respect of its subject matter, and supersedes any prior representation, agreement, statement or understanding, whether oral or written. Nothing in this Section excludes liability for fraud or for any statement or representation that gave rise to a right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

We may vary these terms from time to time. The version of the terms in force at the time an order is accepted applies to that order. Variations do not apply retrospectively to Contracts already formed. Updated terms are published on our website and may also be notified to the Buyer in writing.

XX. Assignment

The Buyer must not assign, novate, transfer, charge or otherwise deal with any of its rights or obligations under the Contract without our prior written consent, which we will not unreasonably withhold.

We may assign, novate or transfer any of our rights or obligations under the Contract to any related body corporate (as defined in the Corporations Act 2001 (Cth)), to any person acquiring our business or the part of our business to which the Contract relates, or to any financier in connection with the financing of our receivables, in each case without the Buyer’s consent.

We may subcontract the performance of any part of our obligations under the Contract, provided that we remain responsible for the performance of those obligations.

XXI. Governing Law and Jurisdiction

These terms and any Contract formed under them are governed by the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia sitting in Victoria, and any court competent to hear appeals from them.