Terms of service

TMG Industrial Australia

Terms of Service & Sale

 

1. Overview

This website is operated by TMG Industrial Australia (“TMG”, “we”, “our”).

By accessing our website or purchasing goods or services from us, you agree to these Terms of Service & Sale (“Terms”).

These Terms apply to:

  • The supply of goods (“Goods”)
  • Any related services (including delivery, support, or installation coordination)
  • Use of our website

 

2. Orders & Acceptance

All orders are subject exclusively to these Terms.

Acceptance of any quotation, invoice, checkout, or order confirmation constitutes acceptance of these Terms.

Any terms contained in a customer purchase order or other document are expressly rejected unless agreed in writing by TMG.

TMG reserves the right to accept, reject, cancel, or limit any order at its discretion.

 

3. Pricing

All prices are in AUD and may change without notice.

Unless otherwise specified:

  • Prices displayed on the website for retail customers are inclusive of GST
  • Prices provided to dealers, distributors, or business customers are exclusive of GST, unless stated otherwise

Any applicable taxes, duties, or government charges will be applied as required.

 

4. Payment Terms

Unless otherwise agreed in writing:

  • All orders are supplied on a prepaid (pro forma) basis
  • Full payment must be received prior to shipment
  • TMG may withhold shipment until payment is cleared

Approved credit accounts (if any) are subject to separate terms.

 

5. Goods & Services

TMG may supply Goods and arrange or coordinate related services.

Certain services (including installation or servicing) may be provided by third-party providers.

TMG reserves the right to modify, discontinue, or limit the availability of Goods or services at any time.

 

6. Shipping & Delivery

TMG may arrange shipping on behalf of the Customer.

Delivery timeframes are estimates only and are not guaranteed.

To the extent permitted by law, TMG is not liable for:

  • Carrier delays
  • Missed delivery appointments
  • Additional delivery costs due to access issues

Customers are responsible for:

  • Providing accurate delivery details
  • Ensuring appropriate unloading capability (e.g., forklift where required)

 

7. Risk & Title

Risk in the Goods passes to the Customer upon delivery to the carrier.

Ownership of the Goods remains with TMG until full payment has been received.

 

8. Premium Shipping Protection (PSP)

Where Premium Shipping Protection (PSP) is purchased:

  • Eligible loss or damage in transit may be covered subject to TMG requirements
  • Claims must be reported within the required timeframe

Where PSP is not purchased:

  • Transit risk is borne by the Customer to the extent permitted by law

 

9. Inspection

Customers should inspect Goods within five (5) days of delivery and notify TMG of any issues.

This does not limit rights under the Australian Consumer Law.

 

10. Returns

10.1 Change of Mind

  • Returns must be requested within 30 days
  • Goods must be unused and in original packaging
  • Return shipping is at the Customer’s cost
  • A restocking fee of up to 30% may apply

10.2 Faulty or Damaged Goods

  • Notify TMG promptly with supporting evidence
  • TMG will provide a remedy in accordance with applicable law

 

11. Installation & Services

Customers are responsible for ensuring that Goods are installed and used in accordance with provided instructions and applicable safety standards.

Where services are provided by third-party providers:

  • They act as independent contractors
  • TMG does not control or supervise their work
  • TMG is not responsible for their performance, to the extent permitted by law

 

12. Warranty

TMG provides a limited warranty on its Goods against defects in materials and workmanship under normal use and maintenance.

Warranty coverage may vary depending on product type and whether the Goods are used for consumer or commercial purposes. Full details are available in our Warranty Policy.

Unless otherwise specified:

  • Consumer (personal) use: 12 months from the date of purchase
  • Commercial or industrial use: 3 months from the date of purchase

This warranty applies to manufacturing defects and does not cover normal wear and tear, misuse, improper installation, lack of maintenance, or external damage.

 

Customers must notify TMG of any issue and may be required to provide supporting information or allow inspection of the Goods.

 

For valid claims, TMG may, at its discretion, repair or replace the Goods or components, or provide a refund where appropriate.

 

This warranty is provided in addition to your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 

 

13. Limitation of Liability

To the extent permitted by law:

  • TMG is not liable for indirect, incidental, or consequential losses, including loss of revenue or downtime
  • TMG’s total liability is limited to the amount paid for the Goods

Nothing in these Terms excludes or limits rights under the Australian Consumer Law.

 

14. Website Use

You agree not to use this website for any unlawful purpose or to violate any applicable laws.

TMG does not guarantee that the website will be error-free, accurate, or uninterrupted.

 

15. Intellectual Property

All content on this website, including text, images, and trademarks, is owned by or licensed to TMG.

You may not use or reproduce such content without prior written consent.

 

16. Third-Party Links

This website may contain links to third-party websites. TMG is not responsible for their content or operation.

 

17. Force Majeure

TMG is not liable for delays or failure to perform due to events beyond its reasonable control, including supply chain disruptions, transport delays, or government actions.

 

18. General

If any provision is found invalid, the remaining provisions remain in effect.

Failure to enforce any provision does not constitute a waiver.

These Terms constitute the entire agreement unless otherwise agreed in writing.

 

19. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Disputes shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

 

 

Any questions about the Terms should be sent to us at cs@tmgindustrial.com.au.