1. PURPOSE AND SCOPE

These Terms and Conditions (“Conditions”) apply to and form part of any contract for the provision of maintenance, repairs, installation, and other services (“Services”) by The Fremantle Foundry & Engineering Company (FFE) Pty Ltd ACN 008 666 475, trading as Fremantle Foundry, Fremantle Propulsion Services, , and its agents, servants, and employees, to a purchaser (“Customer”), which includes any person, company, or business entity to whom FFE supplies or proposes to supply goods and/or services.

2. SUPPLIER

“The Supplier” refers to FFE as described above.

3. QUOTES

  • Quotations are valid for 30 days unless otherwise agreed in writing.
  • Acceptance of a quotation creates a Sales Order; any changes require a signed variation before work commences.
  • The Supplier may adjust quoted prices due to changes in law, change scope, increased costs, or incomplete information provided by the Customer.
  • Timeframes for completion are estimates only; the Supplier is not liable for delays.
  • All quoted prices are exclusive of GST and other taxes.

4. FEES, CHARGES, INVOICING AND PAYMENT

  • Invoices are due and payable within 30 days.
  • When requested timesheets or daily progress reports can be provided as proof of services rendered.
  • All fees are payable in AUD; Customer bears all currency exchange risks and transfer fees.
  • Interest on overdue amounts is 5% above Reserve Bank base rate, calculated daily.
  • Customer is liable for all legal and recovery costs on a full indemnity basis.

5. DEFAULT, TERMINATION AND FORCE MAJEURE

  • Cancellation within 72 hours of scheduled start incurs standby charges or compensation for losses.
  • In case of Customer default or insolvency, all monies become immediately due, and the Supplier may:
  • Terminate obligations.
  • Retain security or repossess goods.
  • Appoint a receiver or enforce security interests under the PPSA (act 2009).
  • The Supplier may terminate without liability if performance is prevented by events beyond its control (e.g., natural disasters, strikes, pandemics).

6. WARRANTIES AND INDEMNITIES

  • No warranties beyond those expressly stated in the quote.
  • Liability is limited under Australian Consumer Law to:
  • Replacement or repair of goods, or
  • Resupply of services or payment for resupply.
  • Supplier is not liable for indirect, special, or consequential damages.
  • Supplier is not liable for associated towage, rigging, labour other than own personnel, dry docking/undocking costs to be borne by the purchaser.

7. INTELLECTUAL PROPERTY

  • All IP created during works remains the property of the Supplier.
  • Customer receives a non-exclusive license to use such IP.
  • Customer indemnifies Supplier against claims of IP infringement.

8. GENERAL

  • Payments later avoided at law do not discharge liability.
  • Variations or waivers must be in writing and signed by the Supplier.
  • Agreement governed by Western Australian law; parties submit to Perth courts.
  • If any provision is unenforceable, the remainder remains in effect.