TERMS & CONDITIONS OF SALE & SERVICE
Queensland Calibrations Pty Ltd
ABN 15 155 359 032
1 GENERAL
1.1 The Contract Documents apply to the provision of Services and the sale of Goods (as the case may be) by Queensland Calibrations to the Customer.
1.2 The Contract Documents cannot be varied, modified or substituted without the prior written consent of Queensland Calibrations.
1.3 The Contract Documents apply despite any other terms and conditions that are proffered by the Customer.
1.4 The Quotation will prevail over these Terms to the extent of any inconsistency.
1.5 The Customer agrees that Queensland Calibrations may, at its discretion, subcontract the whole or any part of the Services provided by it.
1.6 The Customer agrees to be bound by these Terms when it accepts a Quotation, places an order, authorises Queensland Calibrations to commence Services, or otherwise engages Queensland Calibrations after receiving or being given reasonable notice of these Terms.
2 QUOTATIONS
2.1 Prior to the provision of Services or sale of Goods, Queensland Calibrations may provide the Customer with a Quotation.
2.2 The Quotation is:
2.2.1 valid for a period of thirty (30) days from its date or such other period (if any) stated in the Quotation;
2.2.2 an invitation only to the Customer to place an order for the Services or the Goods based on that Quotation;
2.2.3 subject to the Customer accepting the Contract Documents; and
2.2.4 subject to any variations provided for in clause 3.2.
2.3 Queensland Calibrations is not required to commence work on any Equipment or supply any Goods to the Customer until the Customer has accepted the Quotation and Queensland Calibrations has received notice of the Customer’s acceptance within the period specified in clause 2.2.1.
2.4 To assist Queensland Calibrations in determining the required Services, the Customer agrees to clearly label the outside of packaging when sending Equipment to Queensland Calibrations.
3 PRICING & PAYMENT
3.1 Price
The price payable for the Services or the Goods is the price agreed by the parties in writing or the price stated in the Quotation and is subject to:
3.1.1 any variation in accordance with clause 3.2;
3.1.2 if there is a variation in accordance with clause 3.2 and the Customer does not agree to the revised Quotation, the Customer agrees that it is responsible for paying an amount up to the value of the then-current Quotation on the basis of the time spent by Queensland Calibrations on performing the Services to date; and
3.1.3 if a Quotation for a Repair Service is rejected by the Customer, the Customer agrees that it is responsible for paying the Inspection Fee quoted.
3.2 Variation
Any estimate for the Services provided by Queensland Calibrations is not final and may be subject to change should the Equipment be found to have additional issues or repairs that were unforeseen at the time of providing the estimate.
Any of the following events are deemed to be variations:
3.2.1 the Customer requests any changes, additions or variations to the Services or Goods as outlined in the Quotation or as agreed by the parties in writing;
3.2.2 there is a change, addition or variation to the Equipment, Goods or requirements outlined in the Quotation or otherwise agreed by the parties in writing;
3.2.3 Queensland Calibrations determines during a Calibration Service that the Equipment requires a Repair Service;
3.2.4 Queensland Calibrations determines during a Repair Service that the Equipment requires additional repair work, replacement parts or other work that was not identified in the Quotation or agreed by the parties;
3.2.5 Queensland Calibrations determines during a Calibration Service that the Equipment requires an adjustment to bring it into specification other than a Minor Adjustment; or
3.3 If there is a variation pursuant to clause 3.2, Queensland Calibrations may:
3.3.1 reject the request for the variation;
3.3.2 increase the price to account for the variation; or
3.3.3 provide a revised Quotation for the Services or the supply of the Goods.
3.4 Payment
3.4.1 If credit is extended by Queensland Calibrations to the Customer, payment for the Services or Goods must be made in accordance with the payment terms applicable to the Customer's approved credit account.
3.4.2 If the Customer does not have an approved credit account, payment for the Services and Goods must be made to Queensland Calibrations prior to delivery or collection of the Equipment or Goods, unless otherwise agreed in writing. Payment must include any approved variations.
3.4.3 Some payment methods may attract a surcharge. Where a surcharge applies, Queensland Calibrations will disclose it before payment and will ensure that any surcharge complies with applicable law and does not exceed any amount permitted by law. Where reasonably available, the Customer may choose an alternative payment method.
3.4.4 If an amount remains unpaid after its due date, Queensland Calibrations may, to the extent permitted by law, charge reasonable interest on the overdue amount from the due date until payment is received. Any applicable interest rate will be advised to the Customer and applied on a reasonable and proportionate basis.
3.4.5 To the extent permitted by law, the Customer is liable for reasonable costs and expenses actually incurred by Queensland Calibrations in recovering overdue amounts, including reasonable legal and debt collection costs.
3.4.6 Queensland Calibrations may withdraw or suspend a Customer's credit facility where reasonably necessary, including where the Customer's account is overdue. Queensland Calibrations may suspend further supply until the account is brought within the agreed trading terms.
3.4.7 Payment will not be deemed to have been received until Queensland Calibrations has received cleared funds.
4 GST
4.1 All moneys payable by the Customer to Queensland Calibrations under any of the Contract Documents are exclusive of GST, unless otherwise expressly agreed in writing.
4.2 In addition to any consideration payable by the Customer, the Customer must pay Queensland Calibrations an amount equal to the GST imposed on each taxable supply under the Contract Documents, at the same time as the consideration is payable.
4.3 Queensland Calibrations agrees to provide a tax invoice to the Customer.
5 DELIVERY & INSURANCE
5.1 The Equipment and the Goods are available for collection at the location specified in the Contract Documents or as agreed by the parties.
5.2 At the Customer's request, Queensland Calibrations may arrange packing and delivery of the Equipment or Goods using a carrier nominated by the Customer or selected by Queensland Calibrations. Applicable packing, freight and delivery charges may be invoiced to the Customer.
5.3 If the Customer fails to take delivery in accordance with this clause, the Customer agrees to pay Queensland Calibrations any reasonable storage and handling charges and other reasonable costs incurred as a result of that delay.
5.4 Where the Customer nominates, engages or arranges its own carrier, risk associated with that carriage will be the Customer's responsibility to the extent permitted by law.
Where Queensland Calibrations arranges delivery, responsibility for loss or damage during delivery will be determined in accordance with the Contract Documents and applicable law.
5.5 The Customer should inspect the Equipment or Goods promptly upon delivery. Any visible freight damage, shortage, missing items or incorrect supply should be notified to Queensland Calibrations within 48 hours of delivery wherever reasonably possible to assist with investigation and any claim against the carrier.
Failure to notify Queensland Calibrations within this period does not exclude, restrict or modify any rights or remedies available to the Customer under Australian Consumer Law or other applicable law.
6 REFUNDS, RETURNS & RESTOCKING
6.1 Queensland Calibrations handles returns, refunds and other remedies in accordance with Australian Consumer Law and our Returns & Refunds Policy.
6.2 The Customer should contact Queensland Calibrations before returning Goods. Where a return is approved, Queensland Calibrations may issue a Return Authority number and provide return instructions. These procedures do not limit any rights or remedies available under Australian Consumer Law.
6.3 Queensland Calibrations does not normally provide refunds or exchanges where the Customer has changed its mind, made an incorrect selection or found the Goods available elsewhere at a lower price.
6.4 At Queensland Calibrations' discretion, a non-defective return may be accepted within seven (7) days of the original invoice date. Approved non-defective returns must ordinarily be unused, in original condition and packaging, and include all accessories, parts, manuals, instructions and proof of purchase originally supplied. A restocking fee of up to 25% may apply.
6.5 Unless required under Australian Consumer Law, returns may not be accepted for:
6.5.1 Goods specially ordered or obtained specifically for the Customer;
6.5.2 customised, programmed or configured Goods;
6.5.3 calibrated Goods or Goods supplied with calibration certificates;
6.5.4 opened consumables;
6.5.5 calibration gases, gas cylinders or hazardous Goods subject to return or transport restrictions; or
6.5.6 Goods damaged through misuse, neglect, unauthorised modification, abnormal use or improper storage.
6.6 Where Goods fail to meet a consumer guarantee, Queensland Calibrations will provide the remedy required under Australian Consumer Law. Depending on the nature and circumstances of the failure, this may include repair, replacement, refund or another applicable remedy.
6.7 The risk of returned Goods remains with the Customer until received by Queensland Calibrations, except to the extent otherwise required by law.
6.8 Where Goods are returned and no fault is found, or the fault or damage arose after delivery through misuse, abnormal use, neglect, unauthorised modification or improper storage, Queensland Calibrations may return the Goods to the Customer. To the extent permitted by law, the Customer may be responsible for reasonable inspection, testing, assessment, manufacturer evaluation, freight, handling or administrative costs incurred.
7 WARRANTIES & CONSUMER GUARANTEES
7.1 Goods supplied by Queensland Calibrations may be covered by a manufacturer's warranty in accordance with the terms and conditions specified by the relevant manufacturer.
7.2 Manufacturer warranties are additional to any rights and remedies available under Australian Consumer Law and do not exclude, restrict or modify those rights.
7.3 Manufacturer warranties may not cover faults or damage resulting from circumstances including misuse, accident, unreasonable or abnormal use, improper care or storage, unauthorised modification or alteration, neglect, or normal wear and tear, subject to the terms of the applicable manufacturer warranty and Australian Consumer Law.
7.4 Parts and consumable components that are subject to normal wear may require periodic replacement and may not be covered by a manufacturer's warranty where the deterioration is attributable to normal use rather than a defect.
7.5 Where Australian Consumer Law applies, Goods and Services supplied by Queensland Calibrations are subject to the consumer guarantees provided by that law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
7.6 The Customer may contact Queensland Calibrations for assistance with warranty claims or if it is uncertain whether a particular fault may be covered by a manufacturer's warranty or Australian Consumer Law.
8 LIABILITY
8.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability arising under Australian Consumer Law or any other law where it would be unlawful to do so.
8.2 Subject to clause 8.1 and to the maximum extent permitted by law, Queensland Calibrations is not liable for any indirect, incidental, special or consequential loss arising from the supply of Goods or Services, except to the extent that such liability cannot lawfully be excluded or limited.
8.3 Where Queensland Calibrations is permitted by law to limit its liability in respect of Goods or Services, its liability may, at Queensland Calibrations' option and to the extent permitted by law, be limited to:
In relation to Goods:
a. replacement of the Goods or supply of equivalent Goods;
b. repair of the Goods;
c. payment of the cost of replacing the Goods or acquiring equivalent Goods; or
d. payment of the cost of having the Goods repaired.
In relation to Services:
a. supplying the Services again; or
b. payment of the cost of having the Services supplied again.
8.4 The Customer should satisfy itself that Goods are suitable for its intended application. Where the Customer requires Goods or Services for a particular purpose, application, specification or regulatory requirement, the Customer should advise Queensland Calibrations of those requirements before purchase or commencement of the Services so that they can be considered where appropriate.
8.5 Queensland Calibrations is not responsible for loss arising from the Customer's misuse, abnormal use, improper storage, unauthorised modification or use of Goods or Equipment contrary to manufacturer instructions or applicable safety requirements, except to the extent otherwise required by law.
8.6 The Customer remains responsible for determining appropriate calibration, inspection and maintenance intervals for its Equipment having regard to its use, environment, applicable standards, manufacturer recommendations and regulatory requirements. Any interval suggested by Queensland Calibrations is general guidance unless expressly agreed otherwise in writing.
9 DEFAULT
9.1 If the Customer:
9.1.1 defaults in making any payment;
9.1.2 fails to comply with the Contract Documents;
9.1.3 repudiates any of the Contract Documents or any contract it has with Queensland Calibrations;
9.1.4 dies;
9.1.5 stops payment;
9.1.6 calls a meeting of creditors, becomes insolvent or subject to the bankruptcy laws; or
9.1.7 being a company, enters into any scheme of arrangement with creditors, has a receiver and manager or administrator appointed, or has any application made or resolution passed for its winding up, Queensland Calibrations may at its sole discretion and option at any time prior to payment in full for the Services or the Goods:
9.1.8 suspend or cancel the Contract Documents;
9.1.9 require payment in cash before delivery of the Equipment or the Goods (irrespective of any terms of payment previously specified);
9.1.10 recover or repossess the Goods and dispose of the Goods without prejudice to any claim Queensland Calibrations may have for damages for any loss resulting from any resale or disposal of the Goods;
9.1.11 exercise all rights to the Goods as if it were the owner.
This clause applies notwithstanding any waiver by Queensland Calibrations of any default or failure by the Customer to comply with these Terms and without prejudice to its other rights under any of the Contract Documents.
9.2 Subject to applicable law, where Queensland Calibrations is entitled to repossess Goods in which it retains title or holds an enforceable security interest, the Customer must provide Queensland Calibrations with reasonable access and assistance to identify and recover those Goods. Queensland Calibrations will exercise any right of entry, repossession or enforcement only in accordance with applicable law.
10 RETENTION OF TITLE
10.1 At all times the title in the Goods remains with Queensland Calibrations (irrespective of delivery of the Goods to the Customer) until the Customer has paid the full invoiced price and any other payments due to Queensland Calibrations in respect of the Goods arising out of the Contract Documents.
11 SECURITY INTEREST
11.1 Expressions used in this clause 11 and in the Personal Property Securities Act 2009 (Cth) (“PPSA”) have the same meanings as when used in the PPSA.
11.2 If Queensland Calibrations already has a prior registered security interest in the Goods supplied, that security interest continues in the Goods. The Customer acknowledges that the Contract Documents create a security interest in favour of Queensland Calibrations for the purposes of the PPSA, and:
11.2.1 Queensland Calibrations may register this security interest with the Registrar of Personal Property Securities pursuant to the PPSA in order to perfect its security interest;
11.2.2 the Customer agrees the security interest granted to Queensland Calibrations pursuant to the Contract Documents may be a purchase money security interest for the purpose of the PPSA;
11.2.3 if requested, the Customer must pay or reimburse the costs of registering the security interest, and provide Queensland Calibrations with all assistance reasonably required in order for Queensland Calibrations to register the security interest; and
11.2.4 for the purpose of section 115 of the PPSA, the following sections of the Act do not apply: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and 135.
11.3 The Customer authorises Queensland Calibrations to search the Personal Property Securities Register at any time for any information about the Customer.
11.4 The Customer waives its right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to any security interest granted under the Contract Documents in relation to commercial property.
12 CUSTOMER COVENANTS
In relation to the sale of Goods, the Customer agrees with Queensland Calibrations that until it has paid the full invoice price and any other payments due to Queensland Calibrations in respect of the Goods:
12.1 it has no right, title, estate or interest in the Goods;
12.2 it will not remove any sticker or other identification from the Goods giving notice of Queensland Calibrations' ownership of the Goods;
12.3 it must not grant or purport to grant any encumbrance over or in connection with the Goods, or otherwise offer or use the Goods as security. For the purpose of these Terms, encumbrance means any mortgage, lien, charge, bill of sale, option, title retention, pledge, claim, restriction, condition, overriding interest, security interest pursuant to the PPSA or other encumbrance;
12.4 it must not ‘on-hire’ or part with possession of the Goods unless it receives the prior written consent of Queensland Calibrations. Queensland Calibrations’ consent may be withheld in its absolute discretion; and
12.5 it must collect, as agent for Queensland Calibrations, the price payable for the Goods from any person to whom the Goods are sold or delivered.
13 GENERAL
13.1 These Terms are governed by and construed in accordance with the laws of Queensland. The parties submit to the jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.
13.2 The parties agree that a construction of the Contract Documents that results in all provisions being enforceable is to be preferred to any other construction. If, despite the application of this clause, a provision of the Contract Documents is illegal or unenforceable:
13.2.1 if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are omitted; and
13.2.2 in any other case, the whole provision is omitted,
13.2.3 and the remainder of the Contract Documents continue in force.
13.3 A failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party under the Contract Documents does not operate as a waiver of the power or right. A single or partial exercise of any power or right does not preclude any other or future exercise of that, or any other, power or right under the Contract Documents.
13.4 The Contract Documents constitute the whole agreement between the parties. No warranties, representations, guarantees or other terms or conditions of any nature not contained and recorded in the Contract Documents have any force or effect, except to the extent otherwise required by law.
13.5 The Customer must not assign any of its rights under the Contract Documents. Queensland Calibrations may assign the Contract Documents on fourteen (14) days' notice to the Customer.
13.6 Queensland Calibrations may amend these Terms from time to time. Updated Terms will apply to future Quotations, orders, Services or transactions entered into after the updated Terms are made available to the Customer. Unless otherwise agreed or required by law, an amendment will not retrospectively alter the terms applicable to an existing accepted order or Contract Document.
13.7 In the Contract Documents, unless the contrary intention appears:
13.7.1 the singular includes the plural and vice versa;
13.7.2 a reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa;
13.7.3 a reference to a party includes that party’s executors, administrators, successors, substitutes and permitted assigns;
13.7.4 words importing one gender include other genders;
13.7.5 other grammatical forms of defined words or expressions have corresponding meanings;
13.7.6 a reference to a document or instrument, including the Contract Documents, includes a reference to that document or instrument as novated, altered or replaced from time to time;
13.7.7 a covenant, undertaking, representation, warranty, indemnity or agreement made or given by:
a. two or more parties; or
b. a party comprised of two (2) or more persons,
is made or given and binds those parties or persons jointly and severally;
13.7.8 if an act must be done on a specified day that is not a business day, the act must be done instead on the next business day;
13.7.9 if an act required to be done under the Contract Documents on a specified day is done after 5.00pm on that day in the time zone in which the act is performed, it is taken to be done on the following day;
13.7.10 all monetary amounts are in Australian dollars; and
13.7.11 headings are for convenience only and do not affect the interpretation of the Contract Documents.
14 DEFINITIONS
14.1 “Calibration Services” means the process of verification of instrument accuracy to the agreed specification by comparison with a reference standard and/or manufacturer’s recommendation and, if necessary, any Minor Adjustment required to bring the instrument into specification;
14.2 “Contract Documents” means these Terms, the Quotation, the Credit Application and any other contract or agreement entered into between Queensland Calibrations and the Customer which the parties agree is subject to these Terms;
14.3 “Credit Application” means the credit application entered into between Queensland Calibrations and the Customer;
14.4 “Customer” means the entity acquiring the Services or Goods from Queensland Calibrations;
14.5 “Equipment” means any equipment, instrument or other item belonging to or provided by the Customer upon which the Services are to be performed;
14.6 “Goods” means all goods, machinery, test and measurement instruments, electronic parts or components supplied by Queensland Calibrations;
14.7 “GST” has the same meaning as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended or replaced from time to time;
14.8 “Minor Adjustment” means any adjustment (and re-verification of affected parameters) performed during a Calibration Service where the cost of the adjustment and re-verification is less than 10% of the price stated in the Quotation for the Calibration Service;
14.9 “PPSA” means Personal Property Securities Act 2009 (Cth);
14.10 “Quotation” means any written or electronic quotation provided by Queensland Calibrations to the Customer covering the proposed provision of the Services or the Goods;
14.11 “Repair Services” means the inspection, diagnosis, repair, adjustment or replacement of components of the Customer's Equipment, as agreed between Queensland Calibrations and the Customer;
14.12 “Inspection Fee” means the fee payable by the Customer to Queensland Calibrations for assessing the physical or operational condition of the Equipment, as stated in the Quotation;
14.13 “Services” means Calibration Services, Repair Services and any other testing, inspection, maintenance or related services supplied by Queensland Calibrations.
14.14 “Terms” means these Terms and Conditions of Sale & Service, as amended from time to time in accordance with clause 13.6;
14.15 “Queensland Calibrations” means Queensland Calibrations Pty Ltd (ACN 155 359 032).
Last updated: August 2026