Terms and Conditions

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1. Definitions

In these Terms and Conditions (“Terms”):

• “Company” means Talos Industries (ABN 41 562 170 023), its successors, and assigns.
• “Customer” means the person, firm, or company purchasing goods and/or services from the Company.
• “Goods” means all steel products, fabricated items, processed materials, and related goods supplied by the Company.
• “Services” means all design, drafting, manufacturing, processing, warehousing, and other services supplied by the Company.
• “Quote” means the written or electronic estimate of costs for Goods and/or Services provided by the Company.

2. Acceptance of Terms

2.1 By accepting a Quote, placing an order, or accepting delivery of Goods/Services, the Customer agrees to be bound by these Terms.

2.2 These Terms prevail over any other terms proposed by the Customer unless otherwise agreed in writing by the Company.

3. Quotes, Pricing & Deposits

3.1 All Quotes are valid for 30 days unless otherwise stated.

3.2 Prices are exclusive of GST unless stated otherwise.

3.3 The Company reserves the right to vary prices in the event of changes in raw material costs, supplier pricing, or other external factors beyond its control.

3.4 The Company may require a deposit or prepayment before commencing work, particularly for custom fabrication, processing, or non-stock items. Deposits are non-refundable once work has commenced.

4. Payment Terms

4.1 Unless otherwise agreed in writing, payment terms are as specified on the Customer’s Quote, Order Confirmation, or Invoice issued by the Company.

4.2 The Customer agrees to pay in full for all Goods and Services supplied, including any applicable GST, within the period stated on the relevant Invoice or Quote.

4.3 If payment is not made by the due date, the Company may:

a) Suspend or cancel further deliveries or Services;

b) Charge interest on overdue amounts at the rate specified on the Invoice (or, if no rate is specified, at 2% per month);

c) Recover from the Customer all costs and expenses (including legal fees and third-party debt recovery fees) incurred in recovering overdue payments.

4.4 The Customer acknowledges and agrees that they are liable for all materials and Services rendered, together with any additional debt recovery costs and fees incurred from third parties engaged by the Company.

4.5 If payment terms are exceeded, the Company may immediately refer the debt to its external recovery agency, and the Customer will be liable for all associated costs.

5. Delivery, Risk & Storage

5.1 Delivery times are estimates only and the Company accepts no liability for delays.

5.2 Risk in the Goods passes to the Customer upon delivery or collection, whichever occurs first.

5.3 If Goods are not collected or delivered within 14 days of notification, the Company may charge reasonable storage and handling fees, and risk in the Goods will pass to the Customer from the date of such notification.

6. Title and Retention of Ownership

6.1 Title to Goods remains with the Company until full payment is received.

6.2 Until title passes, the Customer must store Goods separately and clearly identify them as the property of the Company.

7. Warranty and Liability

7.1 The Company warrants that Goods and Services will be supplied in accordance with applicable Australian standards.

7.2 To the fullest extent permitted by law, the Company’s liability is limited to:

a) Replacement or repair of Goods; or

b) Resupply of Services; or

c) Refund of the purchase price.

7.3 The Company provides no warranty, and accepts no responsibility, for issues caused by:

a) Incorrect installation by the Customer or third parties;

b) Damage due to mishandling, misuse, or negligence by the Customer, contractors, or other third parties;

c) Failure by the Customer to maintain the Goods appropriately (including protective coatings, corrosion prevention, or ongoing care).

7.4 The Company will not be liable for indirect, consequential, or special losses, including (without limitation) loss of profit, production delays, loss of opportunity, or third-party claims.

8. Intellectual Property

8.1 All designs, drawings, specifications, CAD files, artwork, and related intellectual property created or supplied by the Company remain the sole property of the Company unless otherwise agreed in writing.

8.2 The Customer is granted a non-transferable, non-exclusive licence to use such intellectual property solely for the purpose of completing the order for which it was supplied.

8.3 The Customer must not use, reproduce, modify, or disclose the Company’s intellectual property for any other purpose without prior written consent.

8.4 Where the Customer provides specifications, drawings, or designs, the Customer warrants that use of such materials by the Company will not infringe any third-party rights, and indemnifies the Company against any claims arising from such use.

9. Customer Responsibilities

The Customer warrants that:

• They will provide accurate specifications, measurements, and instructions for Goods/Services.
• They will ensure adequate site access, handling equipment, and conditions for delivery and/or installation (if applicable).
• They are responsible for compliance with all local planning, building, and safety regulations.

10. Variations and Scope Changes

10.1 If, during the course of supplying Goods or Services, the Customer requests changes to specifications, scope of works, quantities, or delivery requirements, the Company reserves the right to:

a) Issue a Variation Notice outlining the additional costs, timeframes, and conditions; and

b) Suspend further work until the Variation is accepted in writing by the Customer.

10.2 All additional costs incurred as a result of variations (including labour, materials, design time, or rework) will be added to the Customer’s account and must be paid in accordance with the Company’s payment terms.

10.3 Where variations cause delay, the Company will be entitled to a reasonable extension of time for completion.

11. Personal Property Securities Act (PPSA)

11.1 The Customer acknowledges that these Terms constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”).

11.2 The Customer grants to the Company a security interest in all Goods supplied (including any proceeds) as security for payment of all monies owing to the Company.

11.3 The Company may register its security interest on the Personal Property Securities Register (PPSR) at its discretion, and the Customer waives the right to receive notice of such registration.

11.4 To the maximum extent permitted by law, the Customer contracts out of, and waives rights under, sections 95, 118, 121(4), 123, 129(2) and (3), 130, 132, 135, 142, and 143 of the PPSA.

11.5 The Customer must not grant any other security interest in the Goods while title remains with the Company.

12. Refunds & Returns

12.1 The Company complies with its obligations under the Australian Consumer Law (ACL) in respect of defective Goods or Services. Nothing in these Terms limits those rights.

12.2 For Goods that are generally stocked (standard materials):

a) Refunds or returns will only be accepted if the Goods are in prime, saleable, and unused condition, and returned at the Customer’s cost to the Company’s warehouse/workshop.

b) Approved returns will be subject to a restocking fee of 15% of the purchase price.

c) Any delivery, freight, or handling charges incurred by the Company will not be refunded.

12.3 For processed, cut-to-size, fabricated, or custom-made items:

a) No refund or cancellation is permitted once the Customer has provided approval and the Company has commenced fabrication, processing, or cutting.

b) Deposits paid for such orders are non-refundable.

13. Force Majeure

The Company will not be liable for failure to perform its obligations due to causes beyond its reasonable control, including strikes, delays in supply chains, industrial action, natural disasters, or government restrictions.

14. Default & Insolvency

If the Customer becomes insolvent, bankrupt, or subject to external administration, all amounts owing to the Company will become immediately due and payable, and the Company may suspend or cancel any further supply.

15. Third Party & Online Sales

15.1 The Customer acknowledges that the Company may sell Goods and Services under trading names other than “Talos Industries”, including through third-party websites, online marketplaces, or affiliated businesses.

15.2 Regardless of the trading name, sales channel, or platform used, all Goods and Services supplied remain subject to these Terms & Conditions.

15.3 The Customer agrees that purchasing through any such platform constitutes acceptance of these Terms.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the Victorian courts.

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Important Notice to Customers

By proceeding with your order, you acknowledge and agree to these Terms & Conditions. This includes your liability for payment of all Goods and Services provided, and for any additional third-party costs incurred in recovering overdue amounts.