TERMS AND CONDITIONS OF SUPPLY
The SurfCoast Engineer Pty Ltd

1. Application & Contract Formation
1.1 These Terms and Conditions ("T&Cs") apply to all quotes, orders, and agreements for the supply of 
engineering services (including vehicle certification, forensic investigations, expert witness reporting
, and consulting) and any related fabrication or goods ("Services" and "Goods") by The SurfCoast 
Engineer Pty Ltd ("Supplier") to the customer ("Customer").
1.2 Any quotation provided by the Supplier is valid for 30 days and does not constitute an offer to
supply.
1.3 A binding Contract is formed when the Supplier accepts the Customer’s Order (written or verbal).
The Customer cannot cancel an Order or Contract once accepted without indemnifying the Supplier for all
 associated costs.

2. Legal Practice & Third-Party Engagement
2.1 Where a legal practitioner, law firm, insurer, or professional advisor ("Instructor") contacts, 
instructs, or engages the Supplier in relation to a matter, case, or report:
  (a) the Instructor is deemed to be the Customer and is the primary contracting party under these T&Cs;
  (b) the Instructor is personally, jointly, and severally liable for the prompt payment of all fees,
 invoices, and expenses incurred; and
  (c) payment of the Supplier's fees is not contingent upon the Instructor receiving funds from their
 client, the outcome of any litigation or case, or any invoice being directed to a third party.

3. Fees, Invoicing & Payment
3.1 The Price for Goods and Services will be as quoted or as otherwise nominated by the Supplier. 
Unless stated in writing, prices are in Australian Dollars (AUD), exclusive of GST, and delivery
 charges.
3.2 Payment must be made in full prior to the delivery of any reports, certifications, or goods, 
unless the Supplier has agreed in writing to grant credit terms.
3.3 If credit terms are agreed, payment must be made within 14 days of the invoice date (or as 
otherwise agreed in writing).
3.4 The Customer must not withhold, deduct, or set-off any payment for any reason.
3.5 The Customer must pay interest at a rate of 10% per annum on all overdue amounts, 
calculated daily from the due date until paid in full.
3.6 The Customer must reimburse the Supplier for all fees, legal expenses, and debt recovery costs 
associated with recovering overdue amounts.

4. Customer Information & Reliance
4.1 The Customer must promptly provide all relevant specifications, files, drawings, reports, plans, 
and factual information necessary for the performance of the Services.
4.2 The Supplier is entitled to rely entirely on the completeness and accuracy of all information 
provided by the Customer.
4.3 If any information provided is inaccurate, incomplete, or changes, the Supplier may vary the 
Price or delivery timeline, or cancel the Contract.

5. Delivery, Vehicle Storage, Risk & Title
5.1 For any physical Goods or fabricated items supplied:
  (a) Risk in the Goods passes to the Customer immediately upon delivery to the Delivery Address or 
collection by the Customer.
  (b) Ownership (title) of Goods does not pass to the Customer until the Price and all other owed 
amounts are paid in full.
  (c) The Customer must inspect Goods on delivery and notify the Supplier of any faults in writing 
within 14 days; failure to do so constitutes acceptance.
5.2 In relation to any vehicles, trailers, or machinery delivered to or left in the custody of the 
Supplier for vehicle engineering, certification, inspection, or testing services ("Vehicles"):
  (a) No Overnight Storage: The Supplier does not provide overnight storage or garaging of Vehicles, 
unless the services are explicitly agreed in writing to be a multi-day project.
  (b) Prompt Drop-off and Pick-up: Vehicles must be dropped off and picked up strictly within the 
times and locations instructed by the Supplier.
  (c) Storage Outside and Insurance Risk: If a Vehicle is not picked up promptly in accordance with 
the Supplier’s instructions, or is left outside of designated project hours, the Supplier reserves 
the right to leave the Vehicle parked outside the Supplier's premises (including on private property, 
roadways, or easements adjacent to the premises).
  (d) Custody and Liability: Any Vehicle left or parked outside, or stored on the premises, 
is left entirely at the Customer's and/or Vehicle owner's own risk. 
The Vehicle must be covered by the Customer's or the Vehicle owner's own comprehensive and third-party 
insurance. The Supplier accepts no liability for any loss, theft, damage, vandalism, or destruction of 
the Vehicle (or any contents within the Vehicle) while stored or parked, whether inside or outside the 
premises.

6. Intellectual Property & Confidentiality
6.1 All Intellectual Property Rights (including copyright in forensic reports, designs, 
vehicle certifications, drawings, and technical documentation) created or used by the Supplier 
remain the absolute property of the Supplier.
6.2 Subject to payment in full, the Supplier grants the Customer a non-exclusive, non-transferable 
licence to use the reports or documents strictly for their intended purpose.
6.3 Neither party may use or disclose any Confidential Information of the other party without prior 
written consent.

7. Warranties & Limitation of Liability
7.1 To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth) 
and applicable state/territory consumer law), the Supplier excludes all implied conditions and 
warranties.
7.2 The Supplier does not warrant that any Services or Goods are fit for a particular purpose unless 
specifically agreed in writing.
7.3 The Supplier’s total liability for any Claim, whether in contract, tort (including negligence), 
or otherwise, is strictly limited to the Price paid by the Customer for the specific Services or 
Goods giving rise to the claim.
7.4 Under no circumstances will the Supplier be liable for any indirect, special, or consequential loss
 (including loss of profits, revenue, opportunity, goodwill, or litigation outcomes).

8. Termination & Suspension
8.1 The Supplier may suspend the Services or immediately terminate any Contract if the Customer breaches
 these T&Cs, fails to pay any invoice when due, or experiences an Insolvency Event.
8.2 Upon termination, the Customer must immediately pay all outstanding balances and any costs incurred 
by the Supplier up to the date of termination.

9. Governing Law & Jurisdiction
9.1 These T&Cs and any Contract of supply are governed by the laws of, and the parties submit to the 
jurisdiction of the courts of, the State of Victoria, Australia, or the Australian State or Territory 
in which the Goods and/or Services are delivered or performed.