Terms & Conditions
Terms of Trade
1. Introduction
These Terms of Trade govern the supply of goods and services (“Goods” and “Services”) by Zinc Group (“we”, “our”, or “Zinc”) to you (“you” or “the Client”).
By placing an order, you agree to these Terms.
2. Quotes and Orders
2a. Quotes
The price information provided is valid for 15 days from the date of quotation, subject to no material fluctuations in freight costs, customs, duties, taxes, supplier pricing or the rate of exchange between the applicable currency and the quoted currency in the period between the date of this quotation and confirmation of order. In the event of any fluctuations occurring, we reserve the right to adjust our quotation accordingly.
2b. Pricing Terms
The pricing in our Quotes is subject to change in the following conditions:
• Material fluctuations in freight costs, customs, duties, taxes, supplier pricing, or currency exchange rates before order confirmation.
• If such changes occur, we reserve the right to adjust the final price.
2c. Orders
• Orders must clearly identify the requested Goods or Services and refer to the relevant Quote number and quote details.
• We may decline an Order due to product unavailability, credit issues, or unpaid previous invoices.
• Once placed, an Order cannot be cancelled without our written consent. Cancelled Orders will incur charges.
2d. Changes to Orders
• If you request variations after an Order is placed, we may revise the Quote and extend the delivery time accordingly.
3. Invoicing and Payment
• We may invoice:
o Before starting work,
o Progressively during the project,
o Or upon completion / delivery.
• Payment must be made within the agreed invoice terms.
• Overdue invoices attract 5% monthly interest and may result in work suspension.
• All costs associated with debt recovery are payable by you.
4. Advance Payment Terms
4a. Advance Payment Arrangement
Upon receipt of the Client’s request, Zinc Group may issue an invoice in advance for services or goods to be rendered in the future.
The funds received (“Advance Payment”) will be held as a credit balance against the Client’s account and applied to future work as requested and agreed.
4b. Utilisation Period
All Advance Payments must be utilised within twelve (12) months from the date of receipt. Any unused balance after this period will be subject to review and may be forfeited unless otherwise agreed in writing by both parties.
4c. Notice Requirement for Application of Funds
The Client must provide at least thirty (30) days’ written notice if they wish to apply the Advance Payment toward any future invoices or services not originally anticipated.
Zinc Group reserves the right to confirm the availability and appropriateness of applying the funds to such services.
4d. Reporting
Zinc Group shall provide the Client with a report summarizing the status and usage of the Advance Payment(s) on a quarterly basis, unless otherwise mutually agreed in writing.
The report will include the opening balance, amounts applied to services, and remaining balance.
4e. non-Refundability
Unless otherwise agreed in writing, all Advance Payments are non-refundable and may only be applied toward services provided by Zinc Group.
4f. Application to Invoices
Advance Payments will be applied to outstanding invoices or new service work as instructed by the Client, subject to the notice and utilization terms outlined herein.
5. Delivery and Acceptance
• Goods are at your risk upon delivery.
• You must notify us within 72 hours in writing of any faults or discrepancies. Otherwise, goods are deemed accepted.
6. Title to Goods
• Goods remain our property until paid for in full.
• Until payment, you must store the Goods separately and identifiable as Zinc’s property.
• We reserve the right to reclaim unpaid Goods.
7. Intellectual Property
The Intellectual Property disclosed in this document is the property of Zinc Group and cannot be used or replicated without its prior written permission unless contractually agreed otherwise. "Intellectual Property" includes concepts, ideas, strategies, images, designs, technical applications, technical business process, business models, copyright, costings, knowhow, processes, patents and confidential information, whether in writing or any other form developed or owned by Zinc Group, Copyright. 2024.
Please follow all care instructions and user manuals supplied with your product.
8. Force Majeure
No liability hereunder shall result to either party from a delay in the performance or non-performance caused by circumstances beyond the control of the party affected,, including but not limited to an act of God, fire, flood, extreme weather events, war, changing Government regulation, direction, request, accident, strikes, labor problems, shortage or inability to obtain material, equipment, transportation, impracticability of performance. Nothing contained herein shall excuse the Customer of its liability to pay for delivery of service or products sold, used, retained, levied against or unaccounted for after said services or products are in the client’s possession.
9. Liability
• To the fullest extent permitted by law, Zinc disclaims all warranties except those required under the Australian Consumer Law (ACL).
• Zinc is not liable for any indirect, incidental, or consequential losses, including lost profits.
• Minor deviations in Goods or Services do not entitle rejection or claims unless substantial.
10. Disputes
• Disputes must first be referred to senior management from both parties.
• If unresolved, disputes must proceed to mediation via the Australian Commercial Disputes Centre before any court action.
• Both parties must continue performing their obligations during a dispute.
11. Governing Law
These Terms are governed by the laws of the State or Territory where Zinc’s registered office is located.
12. Final Notes
These Terms apply to all dealings with Zinc Group and supersede any other Client-supplied terms. By ordering from us, you acknowledge and accept these Terms of Trade.
13. Quality Control Standard
Zinc adheres to the internationally recognized Acceptable Quality Limit (AQL) Level II standard for product inspection, as defined by ISO 2859-1. All orders placed with Zinc are subject to this standard, which governs the acceptable sampling plans and defect levels for quality assurance. By placing an order, the buyer acknowledges and agrees that product inspections and acceptability will be conducted in accordance with AQL Level II criteria.