Terms & Conditions

"MACH", "we", "us", and "our" mean MACH Technical Solutions Pty Ltd (ABN 51 675 342 382).

"Client", "you", and "your" mean the person or entity engaging MACH for Services.

"Services" means any business, industrial, or procurement services, goods, spare parts, or supplies provided by MACH, as described in a Quote or Order.

"Quote" means a written estimate or proposal provided by MACH. "Order" means a Client's acceptance of a Quote, or an instruction to proceed, however given.

"Agreement" means these Terms together with any applicable Quote, Order, or separate written contract between MACH and the Client.

"ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.

These Terms apply to every Quote, Order, and engagement for Services provided by MACH, unless MACH and the Client have signed a separate written agreement, in which case that agreement prevails to the extent of any inconsistency.

A binding Agreement is formed when the Client accepts a Quote in writing (including by email), places an Order, or instructs MACH to proceed, whichever happens first.

Quotes are valid for the period stated in the Quote, or if no period is stated, for 30 days from the date of issue, and may be withdrawn or varied by MACH at any time before acceptance.

MACH reserves the right to decline any enquiry, Quote request, or Order at its sole discretion.

MACH will perform the Services with due care and skill, consistent with the scope set out in the applicable Quote or Order.

The scope of Services may be varied by written agreement between the parties. Any variation may affect price, timing, and other terms of the Agreement.

Some Services depend on information, access, materials, or third parties outside MACH's control, including site access, third-party suppliers, freight carriers, and OEM lead times. MACH is not liable for delay or failure to perform to the extent caused by such factors.

For industrial and on-site Services, the Client must provide safe and timely access to the relevant site, and ensure the site meets applicable work health and safety requirements for the work to be carried out.

Estimated timeframes, delivery dates, and lead times are estimates only and are not guaranteed unless expressly stated as a firm commitment in writing.

Fees for Services are as set out in the applicable Quote, or where no Quote is issued, at MACH's standard rates applicable at the time.

Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.

All amounts are in Australian dollars and exclude GST unless stated otherwise. GST will be added where applicable and is payable in addition to the stated fees.

If payment is not received by the due date, MACH may charge interest on overdue amounts at the rate prescribed under applicable penalty interest legislation or 10% per annum, whichever is lower, and may suspend or withhold further Services until overdue amounts are paid.

The Client is responsible for all reasonable costs MACH incurs in recovering overdue amounts, including collection agency fees and legal costs, to the extent permitted by law.

For annual or ongoing contracts (including Annual Spares Contracts, Annual Supplies Contracts, and Annual Compliance Contracts), specific payment and commitment terms are set out in the applicable contract documentation, which forms part of the Agreement.

The Client must provide accurate, complete, and timely information reasonably required by MACH to perform the Services, including specifications, part references, site details, and compliance requirements.

The Client is responsible for the accuracy of information it provides, and MACH is not liable for any loss arising from inaccurate, incomplete, or misleading information supplied by the Client.

Where Services are performed at the Client's site, the Client must ensure a safe working environment and comply with its obligations under applicable work health and safety legislation.

The Client must obtain any third-party consents, licences, or approvals needed for MACH to perform the Services, unless MACH has expressly agreed in writing to obtain these itself.

Except as otherwise agreed in writing, all intellectual property created by MACH in the course of providing the Services, including documentation, reports, designs, software configurations, and process documentation, remains the property of MACH.

On full payment of all fees due, MACH grants the Client a non-exclusive, non-transferable licence to use that intellectual property for the Client's own internal business purposes connected with the Services provided.

Nothing in this Agreement transfers ownership of any pre-existing intellectual property, tools, methodologies, or know-how belonging to MACH or its suppliers.

The Client retains ownership of its own pre-existing intellectual property, data, and materials provided to MACH.

Each party must keep confidential any non-public information disclosed by the other party in connection with the Agreement, and use it only for the purposes of the Agreement.

This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, is independently developed, or is required to be disclosed by law.

This clause survives termination or expiry of the Agreement.

Nothing in these Terms excludes, restricts, or modifies any condition, warranty, guarantee, right, or remedy conferred on the Client under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.

Where the Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, MACH's liability for a failure to comply with a consumer guarantee under the ACL is limited, at MACH's option and to the extent permitted under section 64A of the ACL, to one or more of: supplying the Services again, or paying the cost of having the Services supplied again.

Except for the guarantees referred to above, and to the maximum extent permitted by law, all other warranties, guarantees, and conditions, whether express, implied, or statutory, are excluded.

MACH does not warrant that Services will be uninterrupted, error-free, or meet every requirement of the Client, beyond what is expressly agreed in the applicable Quote or Order.

To the maximum extent permitted by law, and subject to clause 8, MACH's total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort, negligence, breach of statutory duty, or otherwise, is limited to the total fees paid by the Client to MACH for the Services giving rise to the claim in the 12 months preceding the event giving rise to the liability.

To the maximum extent permitted by law, MACH is not liable for any indirect, consequential, special, or economic loss, including loss of profits, loss of revenue, loss of production, loss of business opportunity, or loss of data, even if MACH was advised of the possibility of such loss.

Nothing in this clause limits or excludes MACH's liability for death or personal injury caused by its negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.

The Client indemnifies MACH against any loss, damage, cost, or expense, including reasonable legal costs, MACH incurs arising from: the Client's breach of the Agreement; the Client's negligent or wrongful act or omission; inaccurate or misleading information provided by the Client; or a third-party claim arising from the Client's use of the Services other than as intended or agreed.

This indemnity does not apply to the extent the relevant loss, damage, cost, or expense is caused by MACH's own negligence, wilful misconduct, or breach of the Agreement.

Neither party is liable for any failure or delay in performing its obligations, other than an obligation to pay money, to the extent caused by circumstances beyond its reasonable control, including natural disasters, extreme weather, pandemic, industrial action, supply chain disruption, freight or shipping delays, government action, or failure of third-party suppliers.

The affected party must notify the other party as soon as reasonably practicable and use reasonable efforts to minimise the impact of the delay.

Either party may terminate an Agreement for Services by written notice if the other party commits a material breach of the Agreement that is not remedied within 14 days of written notice requiring it to do so.

MACH may terminate or suspend an Agreement immediately if the Client fails to pay any amount when due, becomes insolvent, or enters into any form of administration, receivership, or liquidation.

On termination, the Client must pay for all Services performed and costs reasonably incurred by MACH up to the date of termination.

Termination does not affect any rights or liabilities accrued before the date of termination, and clauses which by their nature are intended to survive termination, including confidentiality, intellectual property, indemnity, and limitation of liability, continue to apply.

If a dispute arises out of or in connection with the Agreement, the parties must first attempt to resolve it in good faith through direct negotiation between authorised representatives within 14 days of a party giving written notice of the dispute.

If the dispute is not resolved within that period, either party may pursue any remedy available to it at law, including litigation, without further pre-condition.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court at any time.

This Agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

Severability: if any provision of these Terms is found to be void, illegal, or unenforceable, that provision is severed and the remainder of the Terms continue in full force and effect.

Waiver: a failure or delay by either party to exercise a right under the Agreement does not operate as a waiver of that right.

Assignment: the Client must not assign or transfer its rights or obligations under the Agreement without MACH's prior written consent. MACH may assign or subcontract its rights or obligations, including to a related entity or in connection with a business transfer.

Notices: notices under the Agreement must be given in writing and sent to the postal or email address most recently notified by the receiving party.

Entire agreement: these Terms, together with any applicable Quote, Order, or signed agreement, constitute the entire agreement between the parties regarding the Services, and supersede all prior discussions, representations, or agreements on that subject.

Amendment: MACH may update these Terms from time to time. The Terms that apply to a specific engagement are those in effect at the time the Agreement for that engagement was formed, unless otherwise agreed in writing.