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Terms for Customers

1. Definitions

In these Terms:

  • “Company” means Royal Poly Products (a trading name for Royal Mechanical Group Pty Ltd).
  • “Customer” means the party purchasing goods from the Company.
  • “Goods” means all items supplied by the Company to the Customer.
  • “Contract” means any agreement between the Customer and the Company for the supply of Goods.
  • “Event of Default” means any event where the Customer fails to make payment when due, becomes insolvent, or breaches material terms.

2. Application

2.1 These Terms apply to every sale of Goods by the Company to the Customer.

2.2 By placing an order, the Customer agrees to these Terms in full.

2.3 Any other terms provided by the Customer (including those attached to purchase orders) are excluded unless expressly accepted in writing by the Company.

2.4 A contract is formed upon written acceptance of an order or by supply of Goods.

3. Pricing and Payment

3.1 Prices are as quoted in writing or as per the current Company price list.

3.2 Prices are exclusive of GST and any applicable import/export duties unless stated otherwise.

3.3 The Company reserves the right to adjust prices due to changes in exchange rates, taxes, or duties prior to delivery.

3.4 Unless otherwise agreed in writing, payment terms are strictly cash on delivery.

3.5 No set-offs or deductions are permitted without written agreement.

4. Export/Import Terms

4.1 For international orders, delivery terms shall be based on INCOTERMS 2020 (e.g., EXW, DAP, CIF) as specified in the invoice.

4.2 The Customer is responsible for all import duties, taxes, and compliance with destination country regulations, unless otherwise agreed.

4.3 Documents such as Certificate of Origin, As-Built Drawings, and Conformity Certificates will be provided as required.

5. Delivery and Risk

5.1 Delivery times are estimates only. The Company is not liable for delays.

5.2 Risk in the Goods passes to the Customer upon dispatch from the Company’s premises.

5.3 The Customer is responsible for all freight charges unless stated otherwise.

5.4 The Company may deliver in instalments.

6. Packaging

6.1 All Goods will be packaged to standard commercial requirements.

6.2 Export orders or sensitive items will be packaged using additional protective measures.

6.3 The Customer must notify the Company in advance if special packaging is required.

7. Product Warranties

7.1 Warranty periods and conditions vary by product type and application.

7.2 Warranties do not cover misuse, improper installation, or natural wear.

7.3 The applicable warranty will be confirmed in the product documentation or quotation.

7.4 In the event of a valid warranty claim, the Company may at its discretion:

  • Replace the Goods;
  • Repair the Goods; or
  • Offer a credit or refund.

8. Returns and Claims

8.1 Claims for damage or shortages must be notified within 7 days of delivery.

8.2 Returned Goods must be unused, in original packaging, and freight prepaid.

8.3 A restocking fee may apply for non-warranty returns.

8.4 Custom or made-to-order Goods cannot be returned.

9. Limitation of Liability

9.1 The Company’s liability is limited, to the extent permitted by law, to:

  • Replacement or repair of Goods;
  • Supplying equivalent goods; or
  • Reimbursement of the purchase price.

9.2 The Company is not liable for any indirect, special, or consequential losses, including loss of profit or business interruption.

9.3 Nothing in these Terms excludes any rights the Customer may have under Australian Consumer Law.

10. Force Majeure

The Company is not liable for failure to perform due to causes beyond its control, including natural disasters, pandemics, industrial action, supplier delays, or government restrictions.

11. Variation

These Terms may be updated at any time. Updated Terms will be published on the Company’s website or notified in writing. No verbal variations are valid.

12. Waiver

These Terms may be updated at any time. Updated Terms will be published on the Company’s website or notified in writing. No verbal variations are valid.

13. Severability

If any provision is held to be unenforceable or invalid, it shall be read down or severed to the extent necessary. The remainder of the Terms remain in full force.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

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