Terms of service
The terms on which LTRX Pty Ltd quotes for, performs and supports work, and the terms on which this website is made available.
1. Who these terms are with
These terms are between you (the Client) and LTRX Pty Ltd (ABN 98 701 491 849, ACN 701 491 849), an Australian proprietary company located in VIC 3212 (LTRX). They apply to every quotation we issue, every engagement we accept, and to your use of this website.
If a signed contract or purchase order is agreed between us and its terms conflict with these terms, that document prevails to the extent of the inconsistency.
2. Quotations and acceptance
A quotation sets out the scope, the equipment selected, the exclusions and the price. Unless it says otherwise, a quotation is valid for 30 days and is based on the site conditions and information available to us at the time it was prepared.
An engagement begins when you accept a quotation in writing, issue a purchase order referencing it, or instruct us to start work. Acceptance of a quotation is acceptance of these terms.
3. Scope, variations and site conditions
We perform the scope described in the accepted quotation. Anything not listed in that scope — including electrical, mechanical, civil or structural work reserved for other trades — is excluded.
Plant is frequently not as documented. If the survey or the work uncovers conditions that materially differ from those the quotation was based on, we will stop, tell you, and issue a written variation. We do not perform additional chargeable work without your written approval.
4. Client obligations
To let us perform the work safely and on time, you agree to:
- provide safe and timely access to the site, the plant and the relevant enclosures during the agreed window;
- provide the site induction, permits, isolations and any escort required by your own procedures;
- make available the drawings, configuration files, passwords and equipment records you hold;
- nominate a contact person with authority to make decisions during the work;
- ensure that other trades whose work our scope depends on have completed theirs.
Delay or standing time caused by access, permits or dependent trades not being ready may be charged at our applicable rates.
5. Fees, payment and GST
Prices are in Australian dollars. Unless a quotation states otherwise, prices exclude GST, which is added where applicable. Invoices are payable within the terms stated on the invoice.
We may invoice progressively for staged work, and we may require a deposit or a materials payment before ordering equipment for a project. Title in supplied equipment passes to you on payment in full; risk passes on delivery to site.
If an invoice is overdue we may suspend further work on notice and recover reasonable costs of collection. Nothing in this clause limits any right you have under the Australian Consumer Law.
6. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that applies to you under that law, and any provision of these terms that would do so has no effect to that extent.
Where you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law, and the failure does not amount to a major failure, our liability is limited (at our election, and to the extent the law permits) to:
- in the case of services, resupplying the services or paying the cost of having them resupplied; and
- in the case of goods, replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.
Where the failure is a major failure, you have the rights the Australian Consumer Law gives you, including the right to a remedy of your choosing in the circumstances set out in that law.
7. Workmanship and equipment warranties
In addition to any rights you have under the Australian Consumer Law, we warrant our workmanship for 12 months from practical completion. That warranty covers rectification of defective work performed by us. It does not cover fair wear and tear, damage caused by others, changes made to our configuration by others, faults in plant we did not supply or work on, or operation of the equipment outside the manufacturer’s stated conditions.
Equipment we supply carries the manufacturer’s own warranty. We will pass on the benefit of that warranty and assist you in making a claim under it.
8. Intellectual property
On payment in full for the relevant work, you own the deliverables prepared specifically for you: controller programs, configuration files, drawings, I/O schedules and commissioning records for your site. We hand these over — we do not lock controllers or withhold project files.
We retain ownership of everything we bring to the engagement: our pre-existing know-how, templates, libraries, standard function blocks, tools and methods. We grant you a perpetual, non-exclusive licence to use those items to the extent they are embedded in your deliverables, for the operation and maintenance of your own plant.
All content on this website, including its text, layout and graphics, is owned by or licensed to LTRX and may not be reproduced for commercial purposes without our written permission.
9. Confidentiality
Each party agrees to keep confidential the non-public information it receives from the other in connection with an engagement, and to use it only for the purposes of that engagement. This obligation does not apply to information that is public through no fault of the receiving party, that was already lawfully held, or whose disclosure is required by law.
10. Limitation of liability
This clause applies subject to clause 6 and does not limit any liability that cannot lawfully be limited.
To the maximum extent permitted by law, neither party is liable to the other for loss of profit, loss of revenue, loss of production, loss of anticipated savings, loss of data, or any indirect or consequential loss, however arising.
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the amount paid by you to us for that engagement.
Our liability is reduced to the extent that a loss is caused or contributed to by the Client, by the Client’s personnel or other contractors, or by plant, information or instructions supplied to us that were inaccurate or incomplete.
11. Safety and compliance
Both parties must comply with applicable work health and safety legislation. We may decline or stop work at any time if, acting reasonably, we consider that conditions on site are unsafe, and we are not liable for delay caused by doing so.
Work that is required by law to be performed by a licensed trade will be performed by an appropriately licensed person, whether ours or one you engage.
12. Cancellation, suspension and termination
You may cancel or postpone scheduled work by giving us written notice. If you cancel after we have ordered equipment or committed labour, you remain liable for equipment ordered specifically for your project and for work performed and costs reasonably incurred up to the date of cancellation.
Either party may terminate an engagement immediately by written notice if the other party commits a material breach and fails to remedy it within 14 days of being notified, or becomes insolvent or has an administrator, liquidator or receiver appointed.
On termination you must pay for all work performed and materials supplied up to the date of termination. Clauses that by their nature should survive termination — including intellectual property, confidentiality and limitation of liability — survive it.
13. Delays outside our control
We are not liable for any failure or delay in performing an engagement to the extent it is caused by an event beyond our reasonable control, including supplier or freight delays, industrial action, extreme weather, fire, flood, or an act or direction of a government authority. We will tell you promptly and work with you to reschedule.
14. This website
The content of this website is general information about our services. It is not technical advice and should not be relied on in place of a site-specific assessment. Descriptions of services are not offers, and availability and pricing depend on the scope of the individual engagement.
We take reasonable care to keep the site accurate and available, but we do not warrant that it will be uninterrupted or error free. You must not attempt to interfere with the site or use it for any unlawful purpose.
15. Privacy
Personal information provided to us is handled in accordance with our privacy policy and the Privacy Act 1988 (Cth).
16. Governing law and jurisdiction
These terms and any engagement under them are governed by the laws of the State of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
17. General
If any provision of these terms is found to be unenforceable, it is severed and the remaining provisions continue in force. A failure or delay by either party in enforcing a right is not a waiver of it. These terms, together with the accepted quotation, form the entire agreement between us in relation to the engagement.
18. Changes and contact
We may update these terms from time to time. The version published on this page at the date a quotation is accepted is the version that applies to that engagement.
Questions about these terms go to [email protected]. LTRX Pty Ltd, ABN 98 701 491 849, ACN 701 491 849, VIC 3212, Australia.
Need these terms clarified before you sign?
Ask before the quotation is accepted. We would rather explain a clause now than argue about it later.