Terms of Service

Last updated: January 2025. These Terms of Service apply to all services provided by K T T Welding Fabrication Pty Ltd (ABN 72 703 368 076) trading as K T T Welding Fabrication, located in Melbourne VIC, Australia. By engaging our services, requesting a quotation, or using our website at https://kttweldingfabrication.online, you agree to be bound by these terms.

1. About These Terms

K T T Welding Fabrication Pty Ltd provides professional business and consulting services, including welding fabrication consulting, project coordination, technical advisory and compliance support. These terms govern all quotations, engagements and work performed by us. If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

2. Quotations and Engagements

All quotations provided by us are valid for thirty (30) days from the date of issue unless otherwise stated in writing. A quotation does not constitute an acceptance of work until confirmed in writing by both parties. We reserve the right to revise a quotation where the scope of work changes, where client-supplied information proves inaccurate, or where material costs change significantly before commencement. Written confirmation of engagement may take the form of an email, a signed work order, or a purchase order from your organisation.

3. Scope of Services

The specific services to be provided will be described in the relevant quotation, proposal or engagement letter. Any work outside the agreed scope will require a written variation, which may attract additional fees. We will perform our services with due care, skill and diligence consistent with professional standards in the Australian industry.

4. Fees, Invoicing and Payment

Fees will be charged as set out in the applicable quotation or engagement letter. Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of the invoice date. We may charge interest on overdue amounts at a reasonable rate permitted by law. Where a deposit is specified, work will not commence until the deposit has been received. All fees are quoted in Australian dollars (AUD) and are exclusive of GST unless stated otherwise.

5. Client Responsibilities

By engaging our services, you agree to:

• Provide accurate, complete and timely information reasonably required for us to perform the services;
• Ensure safe access to any site or premises where services are to be performed, and comply with all applicable work health and safety requirements;
• Obtain any approvals, permits or third-party consents necessary for the work;
• Provide timely feedback and approvals so that work can proceed without unnecessary delay;
• Notify us promptly of any change to the scope, timeline or circumstances of the engagement.

6. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

To the maximum extent permitted by law, and except for guarantees that cannot be excluded under the Australian Consumer Law, all other warranties, conditions and representations, whether express or implied, are excluded. Where the Australian Consumer Law applies and we are deemed a supplier of goods or services to a consumer, our liability for failure to comply with a consumer guarantee is limited, where permitted, to the supplying of the services again or the payment of the cost of having the services supplied again.

7. Limitation of Liability

To the fullest extent permitted by law, K T T Welding Fabrication Pty Ltd is not liable for any indirect, incidental, special or consequential loss or damage, including loss of profits, loss of business or loss of data, arising from or connected to the services. Our total aggregate liability arising out of or in connection with any engagement is limited to the fees paid by you for the specific services giving rise to the claim. This clause does not apply to liability that cannot be limited by law.

8. Intellectual Property

All pre-existing intellectual property owned by either party remains the property of that party. Upon full payment of all fees, you are granted a licence to use deliverables prepared specifically for you for the purpose of your business. We retain the right to use general know-how, methodologies and industry knowledge developed during the engagement.

9. Confidentiality

Each party agrees to keep confidential all information disclosed by the other party in connection with an engagement, except where disclosure is required by law or where the information is in the public domain. This obligation survives the completion of the engagement.

10. Independent Contractor

We are an independent contractor. Nothing in these terms creates a partnership, joint venture, employment or agency relationship between you and K T T Welding Fabrication Pty Ltd.

11. Suspension and Termination

Either party may terminate an engagement with written notice if the other party commits a material breach that remains unremedied within fourteen (14) days of written notice. You may terminate an engagement at any time by written notice; in that case, you remain liable for all work performed and costs incurred up to the date of termination. We may suspend work where invoices remain overdue beyond the agreed payment terms.

12. Force Majeure

We are not liable for delays or failure to perform our obligations caused by events beyond our reasonable control, including natural disasters, industrial action, supply chain disruption, government restrictions or other unforeseeable events. Where such events occur, we will notify you and agree on a reasonable extension of time.

13. Dispute Resolution

The parties agree to attempt to resolve any dispute in good faith through direct negotiation in the first instance. If a dispute cannot be resolved within thirty (30) days, the parties may agree to mediation before commencing legal proceedings. These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria.

14. Amendments

We may update these Terms of Service from time to time. The current version will be published on this page, and continued use of our website or engagement of our services after publication constitutes acceptance of the updated terms. Material changes affecting an active engagement will be communicated to you directly.

15. Contact

Questions about these Terms of Service can be directed to ceo@kttweldingfabrication.online or via our contact page.