MOD TECHNOLOGY CONSULTING PTY LTD
TERMS AND CONDITIONS OF SALE
ABN: 41673151276 | modtech.au | Version 1.0
Unless otherwise agreed in writing, these Terms and Conditions apply to the Quotation Document and any subsequent document or contract entered by Mod Technology Consulting Pty Ltd (ModTech) and the client, notwithstanding any provision to the contrary. By accepting a Quotation Document or proceeding with any works, the client acknowledges and agrees to be bound by these Terms and Conditions in their entirety.
1. Defects Liability Period and In-Warranty Support
All equipment supplied by ModTech shall be guaranteed free of defects in hardware and software, arising from faults in materials or poor workmanship/programming for a period of 12 months from the date of practical completion.
During the defects liability period, ModTech provides a dedicated helpdesk service (Monday to Friday, 09:00am to 05:00pm AEST, excluding public holidays).
The warranty on workmanship is voided should the works or system installed by ModTech be modified or altered in any way by the client or any other party other than an authorised ModTech technician.
2. Warranty
All products supplied by ModTech for the project come with the standard manufacturers' warranties that range from 12 to 36 months.
ModTech provides a 12-month warranty on the workmanship of installation and commissioning.
No warranty is provided for products supplied by the client.
ModTech's warranty obligations are limited to repair or replacement of defective goods or workmanship at ModTech's sole discretion. ModTech shall not be liable for any indirect, consequential, or incidental losses arising from a warranty claim.
3. Payment Terms
Our standard payment terms are as follows:
• (A) Where the Quotation Document / Contract has a value less than $10,000.00, payment must be made in full in advance of works commencing.
• (B) Where the Quotation Document / Contract has a value greater than $10,000.00 but less than $20,000.00, 50% of the Quotation Document / Contract value must be paid in advance of works commencing. The balance 50% shall be due on completion and paid within 14 days of the presentation of an invoice.
• (C) Unless otherwise agreed by ModTech and the client in writing, where the Quotation Document / Contract is in respect of 'Supply Only' works, the full amount of the Quotation Document / Contract must be paid in advance prior to the supply.
◦ (i) Where the 'Supply Only' involves split deliveries of multiple items of stock, stock will be invoiced as per items actually delivered in accordance with agreed payment terms.
• (D) For existing clients, where the Contract has a value greater than $20,000.00, standard payment terms will be 30 days, subject to:
◦ (i) Credit Limit Approval; and
◦ (ii) In the event that Credit Limit approval is not secured or is declined, the entirety of the Contract Value must be paid in advance prior to the commencement of works.
• (E) For new clients, where the Contract has a value greater than $20,000.00, standard payment terms will be:
◦ (i) An upfront payment of 50% of the contract value; and
◦ (ii) The balance of the Contract value payable 30 days net with Credit Limit Approval; and
◦ (iii) In the event that Credit Limit Approval is not secured or is declined, the entirety of the balance Contract Value must be paid in advance prior to the commencement of works.
ModTech reserves the right to decline any contract if credit insurance is unable to be taken out on the builder/client.
Any payment terms by the client that require ModTech to be paid subsequent to the client receiving a payment will not be accepted.
ModTech reserves the right to charge interest on overdue invoices at a rate of 2% per month (compounding) on any outstanding amounts not paid within the agreed payment terms. ModTech also reserves the right to suspend all works and services until overdue amounts are settled in full.
4. Currency, Pricing, and Foreign Exchange
Where any goods or components specified within the Quotation Document are sourced internationally and priced in a foreign currency (including but not limited to United States Dollars, USD), the following provisions apply:
• (A) All quoted prices in Australian Dollars (AUD) are indicative only and are based on the prevailing exchange rate at the time of quotation. ModTech does not guarantee that the AUD price will remain fixed until the time of purchase or delivery.
• (B) If the AUD/USD exchange rate (or any other applicable foreign currency pair) moves by more than 3% between the date of the accepted quotation and the date ModTech places the order with the supplier, ModTech reserves the right to adjust the AUD price accordingly and will notify the client in writing prior to proceeding.
• (C) The client agrees that any such price adjustment arising from exchange rate movements is a pass-through cost and does not constitute a variation to the contract.
• (D) ModTech may, at its discretion, request that the client pay for internationally sourced goods in advance of ordering to lock in the prevailing exchange rate and protect both parties from further currency volatility.
• (E) ModTech accepts no liability for any losses, delays, or disruptions caused by currency fluctuations, international banking delays, import duties, tariffs, or changes to foreign trade policy affecting the cost or availability of goods.
• (F) Where quoted prices include supplier-listed USD prices, these are subject to change without notice by the manufacturer or distributor. ModTech will advise the client of any material price changes as soon as reasonably practicable.
5. Shipping, Freight, and Logistics
The following provisions apply to all goods shipped domestically or internationally on behalf of the client:
• (A) Quoted freight and shipping costs are estimates only. Final freight charges may vary due to fuel surcharges, carrier rate changes, volumetric weight recalculations, or unforeseen handling requirements. Any variation in freight costs will be passed on to the client.
• (B) ModTech is not responsible for delays caused by shipping carriers, port congestion, customs clearance, import inspections, quarantine requirements, or any other logistics event outside of ModTech's direct control.
• (C) Estimated delivery timeframes are provided in good faith and do not constitute a contractual delivery guarantee. ModTech will not be liable for any consequential loss, liquidated damages, or penalties arising from shipping delays.
• (D) Risk in goods passes to the client upon dispatch from ModTech's premises or supplier warehouse (Ex Works / EXW). ModTech strongly recommends the client holds appropriate transit insurance for all shipments.
• (E) Where goods are damaged in transit, ModTech will assist the client in lodging a claim with the carrier or insurer but accepts no financial liability for damaged goods once dispatched. Claims for damage must be reported in writing within 48 hours of receipt of goods.
• (F) Where international shipping or customs delays result in increased storage, demurrage, or re-delivery costs, these costs will be charged to the client at cost.
• (G) ModTech reserves the right to select the carrier and shipping method unless otherwise agreed in writing. ModTech's selection will be made in good faith to minimise cost and delivery time.
• (H) In the event of a global or regional logistics disruption (including but not limited to pandemics, port strikes, natural disasters, or supply chain crises), ModTech will endeavour to keep the client informed but accepts no liability for resulting delays or additional costs.
6. Supply Chain and Stock Availability
ModTech operates in a dynamic global technology supply environment. The following conditions apply:
• (A) Product availability is not guaranteed at the time of quotation. Lead times and stock availability are subject to change without notice by manufacturers or distributors.
• (B) Where a specified product becomes unavailable due to discontinuation, supply chain constraints, or manufacturer allocation issues, ModTech will propose a suitable alternative of equal or greater specification. Any price difference between the original and substitute product will be subject to a variation.
• (C) ModTech is not liable for project delays caused by global component shortages, manufacturer lead time extensions, or distributor stock allocation constraints.
• (D) Where the client requires a product to be held in stock prior to delivery, a storage fee may apply. ModTech will advise the client of any applicable storage fees in writing prior to the commencement of storage.
7. Design and Construction
Where the client has requested that ModTech utilise and adopt the design of a third party in respect of a component or components identified within the specifications required under the quotation, ModTech reserves the right to inspect and analyse whether the said design is suitable for the works and project identified within the quotation.
The client agrees to provide ModTech with the full design documentation related to the said design, including all plans and specifications (the Design Documentation) needed for ModTech to assess and analyse the said design. The client must provide ModTech with the Design Documentation within 14 days of this quotation being delivered to the client.
Within 14 days of the client providing ModTech with the Design Documentation, ModTech will advise the client, in writing, whether the design is suitable for the project specified within the quotation.
The client agrees that ModTech reserves the right to increase the quotation price subsequent to its inspection of the design and Design Documentation should it be required to undertake further works not originally contemplated by the quotation.
If unspecified by the client/consultant, product colours will be as per the model code, or as detailed within the model's description on the quotation. If the colour is unspecified and ModTech RFIs an assumed colour, any unanswered RFI colours are assumed to be acceptable. If unspecified by all parties (including ModTech), the assumed colour will be white. Any changes to colour following ordering will be subject to restocking fees and a variation.
8. Insurances
Upon acceptance of the quotation, copies of the insurances held by ModTech will be provided. Should the client require any further clarification in relation to the insurances held by ModTech, please contact ModTech directly.
Where the client requests ModTech to secure an endorsement or alter any term of a policy of insurance it holds, ModTech will use its best endeavours to secure the endorsement or amendment requested. ModTech cannot guarantee that the endorsement or amendment will be agreed to by its insurance provider.
9. Site Conditions
ModTech will only be responsible for the immediate site conditions upon which the works specified within the quotation are to be conducted (the Proximate Work Area). ModTech will not be responsible for site conditions outside of the Proximate Work Area.
The client must ensure that at the time ModTech commences the works specified within the quotation, the Proximate Work Area and related surfaces including walls are clean and free of dust with sufficient clear workspace to undertake the necessary technology fit-off works.
Where ModTech attends site and is unable to commence or complete works due to site conditions not meeting the above requirements, ModTech reserves the right to charge the client for any abortive costs, including but not limited to travel, labour, and equipment hire.
10. Liquidated Damages
Where the client has requested ModTech to pay Liquidated Damages under any subsequent agreement for delays in relation to completion of the works specified under the quotation, the amount of such liquidated damages shall be limited to a maximum of 10% of the agreed price for the completion of the quotation works.
ModTech does not agree to pay the client any consequential damages or general damages as a matter of right.
No Liquidated Damages shall be payable by ModTech where delays arise from: shipping or logistics issues outside ModTech's control; currency-related supply delays; manufacturer or distributor lead time extensions; site access delays caused by the client or third parties; variations requested by the client or principal; or any Force Majeure event.
11. Force Majeure
ModTech shall not be liable for any failure or delay in performing its obligations under any contract or quotation where such failure or delay results from any cause beyond ModTech's reasonable control, including but not limited to:
• Acts of God, natural disasters, pandemics, or epidemics;
• War, terrorism, civil unrest, or government action;
• Port strikes, transport stoppages, or carrier failures;
• Supply chain disruptions, component shortages, or manufacturer delays;
• Significant and unforeseen foreign currency movements;
• Import/export restrictions, sanctions, or changes to tariff regimes;
• Cyber incidents affecting ModTech's systems or those of its suppliers.
In the event of a Force Majeure event, ModTech will notify the client as soon as reasonably practicable and will use reasonable endeavours to minimise the impact on the client. The parties will negotiate in good faith to agree on a revised timeline or alternative solution.
12. Liability for Damage by an Unrelated Third Party
ModTech will not be responsible for any liability or damage to the Proximate Work Area or the works specified within this quotation caused by an unrelated third party. Where any such damage or liability arises, ModTech will not be held liable or responsible for the actions of unrelated third parties, whether identified or not at the time such liability or damage arises.
13. Variations
Where the client has requested a variation to the works specified within the quotation, prior to the commencement of any works associated with the variation, such variation must be unconditionally approved by the client or the principal in writing, specifying that any additional amount due and payable shall be paid in accordance with the agreed method of payment.
Where the client or the principal has requested a variation to the said works, and where such variation will delay the completion date of the said works, the client agrees to provide ModTech with a reasonable extension of time sufficient to complete the required works. No liquidated damages shall be payable by ModTech in respect of any agreed variation of time.
Variations that involve internationally sourced components are subject to the currency and shipping provisions outlined in Clauses 4 and 5 of these Terms and Conditions.
14. Head Contract
Where the works specified under the quotation are or will be subject to a Head Contract, the client must provide ModTech with a copy of the said Head Contract. ModTech reserves the right to review the Head Contract and raise any objections or seek amendments prior to commencing works. ModTech's acceptance of a quotation does not constitute acceptance of any Head Contract terms that are inconsistent with these Terms and Conditions.
15. Intellectual Property
All designs, drawings, configurations, programming, code, and documentation created by ModTech in connection with any project remain the intellectual property of ModTech until payment in full has been received. Upon receipt of full payment, ModTech grants the client a non-exclusive licence to use the deliverables for the purpose for which they were created.
The client must not reproduce, modify, or distribute any ModTech documentation, programming, or system configurations without the prior written consent of ModTech.
16. Confidentiality
Both parties agree to keep confidential all information disclosed in connection with any quotation or contract, including pricing, technical specifications, and business processes. Neither party shall disclose confidential information to any third party without the prior written consent of the other party, except where required by law.
17. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 20 business days of written notice, either party may refer the matter to a mutually agreed mediator before commencing legal proceedings.
18. Entire Agreement
These Terms and Conditions, together with the relevant Quotation Document, constitute the entire agreement between ModTech and the client with respect to the subject matter and supersede all prior negotiations, representations, warranties, and understandings. No amendment to these Terms and Conditions shall be binding unless made in writing and signed by an authorised representative of ModTech.
Mod Technology Consulting Pty Ltd | ABN: 41673151276 | These terms are subject to review and update. Version date: April 2026.