Shipping and Refund Policy
Billet Rotary Terms and Conditions of Sale and Service
Billet Rotary Pty Ltd | ABN 30 638 637 591 | Arundel, Queensland, Australia
sales@billetrotary.com.au | www.billetrotary.com.au
These Terms govern quotations, website orders, parts sales, custom manufacturing, machining, assembly, complete engine packages, customer-supplied goods, freight and related services supplied by Billet Rotary Pty Ltd. They are intended to operate together with the applicable quote, order confirmation, invoice, build specification and any written warranty schedule.
Important: Billet Rotary engines and engine packages are custom high-performance competition products. They are not genuine Mazda replacement engines, are not direct factory-specification replacements and, unless expressly confirmed otherwise in writing, are supplied for off-road competition, racing, exhibition or motorsport use only.
1 Definitions and interpretation
In these Terms: “Billet Rotary”, “we”, “us” and “our” mean Billet Rotary Pty Ltd; “Customer”, “you” and “your” mean the person or entity purchasing or requesting Goods or Services; “Goods” includes engines, engine assemblies, components, parts, materials and other products; “Services” includes design, machining, assembly, inspection, storage, packing and related work; “Order” means an accepted order for Goods or Services; “Quote” includes a written quotation, proposal or order confirmation; “Custom Goods” means goods manufactured, machined, modified, configured, programmed, assembled or obtained specifically for a Customer; and “ACL” means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Headings assist navigation and do not affect interpretation. “Including” is not limiting. A reference to writing includes email and other written electronic communication capable of being retained.
2 Application and acceptance
These Terms apply to every Quote, Order and supply of Goods or Services by Billet Rotary unless we expressly agree otherwise in writing. The applicable Quote, final build specification and any written special conditions form part of the agreement. If there is an inconsistency, a clearly identified special condition in the Quote prevails to the extent of the inconsistency, followed by the final build specification and then these Terms.
You accept these Terms by accepting a Quote, submitting an Order, instructing us to commence, paying a deposit or other amount, or accepting delivery, provided these Terms were made available before or at that time. A purchase order or other document issued by you does not override these Terms unless we expressly accept the different term in writing.
You warrant that the information you provide is complete and accurate and that any person accepting an Order on behalf of an entity has authority to bind that entity.
3 Quotes and order acceptance
A Quote is valid for 14 calendar days from its issue date unless it states a different validity period. After expiry, we may withdraw or revise it to reflect exchange rates, supplier pricing, freight, material availability, manufacturing costs or other changed circumstances.
A Quote is an invitation to place an Order and is not binding on Billet Rotary until we accept the Order and receive the required cleared payment. Clerical, typographical, calculation or obvious pricing errors may be corrected before acceptance. After acceptance, any price change will be dealt with under the variation provisions in these Terms and applicable law.
Images, drawings, descriptions and promotional material are illustrative unless incorporated as an express written specification. References to previous builds or results do not make those results a term of the Customer’s Order.
4 Customer specifications and approvals
The Customer must provide the intended application, fuel, power target, boost, maximum RPM, engine management, induction, ignition, cooling, lubrication, drivetrain and other information reasonably requested by Billet Rotary. The Customer must review and approve the final written specification or build sheet before work begins.
A power target or intended application guides component selection only. It is not a guaranteed result. Verbal discussions, preliminary estimates, social-media messages and informal technical discussions do not override the final Quote or approved build specification.
The Customer must promptly review drawings, measurements and selections. Billet Rotary is not responsible for delay or incompatibility caused by incomplete, inaccurate or withheld Customer information. Billet Rotary may rely on measurements and specifications supplied by the Customer or the Customer’s installer.
5 Deposits progress payments and final payment
The required deposit and any progress-payment schedule will be stated in the Quote. No production position is reserved and no parts ordering, machining, design or assembly is required to begin until the applicable cleared payment and required information have been received.
Deposits are applied toward the Order price. Progress payments are due at the dates or milestones stated in the Quote. Final cleared payment, together with approved variations, freight, storage and other amounts lawfully owing, is required before collection or dispatch unless we agree otherwise in writing.
If a payment is late, Billet Rotary may suspend purchasing, manufacturing, assembly, delivery and other performance. Any estimated timeframe is extended by at least the period of delay and any resulting rescheduling or supplier delay. The Customer remains responsible for reasonable costs caused by the payment default.
6 Cancellation by the Customer
The Customer has no automatic right to cancel a Custom Good, special-order item or commenced Order because of a change of mind, change of project, sale of the vehicle, inability to obtain finance, sourcing an alternative product or a reasonable change to an estimated lead time.
If Billet Rotary accepts a cancellation where it is not required by law to do so, Billet Rotary may retain or recover reasonable amounts for:
-
work already performed;
-
parts, materials and freight already ordered or paid for;
-
non-refundable supplier commitments and production reservations;
-
design, administration, handling, cancellation and return charges reasonably incurred; and
-
reasonable loss directly caused by the cancellation.
Any balance remaining after those amounts are deducted will be refunded where required by law. This clause does not affect a right to cancel or obtain a remedy arising from Billet Rotary’s breach or a non-excludable statutory right.
7 Variations and additional work
A change requested by the Customer after acceptance may change price, parts availability and lead time. Billet Rotary may require written approval and cleared payment before performing a variation.
If dismantling, inspection, machining or assembly reveals damage, incompatibility or additional work that could not reasonably have been identified when quoted, Billet Rotary may suspend the affected work and provide a revised scope or estimate. If the Customer does not approve the additional work, the Customer remains liable for work already performed and reasonable inspection, reassembly, packing, freight and storage charges.
Billet Rotary may make a minor change that does not materially reduce function or quality. A material component substitution requires Customer approval, except where immediate action is reasonably necessary to protect Customer property or safety.
8 Lead times and delays
All manufacturing, supply, completion and delivery timeframes are good-faith estimates only and are not guaranteed dates unless Billet Rotary expressly agrees to a guaranteed date in writing.
Where a manufacturer or supplier provides an estimated lead time, Billet Rotary may communicate that estimate. Where no definite timeframe is available, Billet Rotary may provide an educated approximation based on previous experience and the average time normally required to receive comparable goods. Supplier estimates and historical averages can change at any time and are not promises that goods will arrive within that period.
Lead times may be affected by supplier schedules, raw-material or component availability, specialist machining, heat treatment, coating, manufacturing defects, quality-control rejection, remanufacture, labour shortages, equipment failure, freight, ports, customs, Customer variations, late payment, missing information, delayed Customer parts and events outside reasonable control.
An estimated timeframe begins only when Billet Rotary has received the required cleared payment, final specifications and approval, all necessary information and selections, and any Customer-supplied parts needed to begin. Billet Rotary may revise the estimate when circumstances change and will provide updated information when reasonably available.
A supplier delay or reasonable revision to an estimated date does not by itself permit cancellation of a Custom Good, special-order or commenced Order. Any accepted cancellation is governed by section 6. Non-excludable rights remain unaffected.
9 Custom goods and special orders
Custom Goods and special-order items are produced, configured or committed for a particular Customer and ordinarily cannot be resold without substantial loss. They are not returnable for change of mind, incorrect selection or changed circumstances.
Billet Rotary may commence irreversible purchasing or production after acceptance without further approval where the work is within the accepted scope. Natural variations in colour, grain, casting appearance, machining witness, anodising, coating and finish are not defects unless they materially impair agreed function or fall outside an express specification.
10 Customer supplied and nominated components
Billet Rotary does not warrant the condition, provenance, service history, specification, suitability or durability of Customer-supplied components. Unless expressly agreed, inspection is visual and does not guarantee that hidden defects will be detected.
The Customer is responsible for delay and reasonable additional cost caused by late, incorrect, incomplete, contaminated, damaged or unsuitable Customer-supplied goods. Billet Rotary may refuse to install or use anything it reasonably considers unsafe, unsuitable or likely to compromise the build.
If the Customer instructs Billet Rotary to use a nominated component contrary to advice, the Customer accepts the risks arising from that selection to the extent permitted by law. Billet Rotary remains responsible for exercising reasonable care in work it agrees to perform.
Manufacturer warranties may apply to independently manufactured components. This does not remove any obligation Billet Rotary has as supplier under applicable law, but Billet Rotary is not responsible for a third party’s workmanship or for a failure not attributable to Billet Rotary.
11 Competition products and no factory replacement
Unless Billet Rotary expressly confirms otherwise in writing, complete engines, modified engine assemblies and high-performance engine components are designed and sold for off-road competition, racing, exhibition or motorsport use only.
Billet Rotary engines and engine packages are custom-built, modified, high-performance products. They are not genuine Mazda replacement engines and are not supplied as direct factory-specification replacements for any Mazda vehicle or original engine assembly.
Unless expressly agreed in writing, Billet Rotary does not represent or guarantee that an engine will:
-
directly fit an original vehicle without modification;
-
connect to factory mounts, manifolds, accessories, wiring, ECU, cooling, lubrication, fuel, exhaust or drivetrain systems;
-
operate with factory ancillary components;
-
retain factory drivability, refinement, emissions, noise levels or service intervals;
-
comply with Mazda specifications, tolerances or warranty requirements; or
-
maintain registration, engineering approval or manufacturer certification.
References to Mazda models or engine families, including 12A, 13B, 20B or 26B, identify architecture, compatibility category or intended application only. They do not state that a product is manufactured, approved, endorsed or warranted by Mazda.
Installation may require custom fabrication, mounts, wiring, plumbing, ECU calibration, fuel, cooling, lubrication, exhaust and drivetrain changes and professional engineering approval.
12 Road legality emissions and insurance
Competition products are not represented as compliant with registration, emissions, noise, public-road, insurance or certification requirements in any jurisdiction. If the Customer installs or operates them in a registered or road-driven vehicle, that is the Customer’s independent decision.
The Customer is responsible for engineering approval, certification, registration, insurance and all other approvals. Billet Rotary is not responsible, to the extent permitted by law, for refusal or cancellation of registration or insurance, defect notices, regulatory action, emissions or noise non-compliance, fines, penalties, impoundment, loss of road use or modifications required for compliance.
Telling Billet Rotary that a product will be used in a road vehicle does not create a representation that it is road legal unless Billet Rotary expressly accepts that requirement in writing.
13 Power and performance
Any horsepower, torque, boost, RPM, performance, capability, elapsed-time, speed or prior-result figure discussed, quoted or advertised is indicative only and is not guaranteed unless Billet Rotary expressly provides a written performance guarantee for the specific Order.
Actual results depend on the complete vehicle and system, including engine configuration, ancillary components, fuel quality, fuel and ignition systems, ECU calibration, induction, turbocharger, exhaust, cooling, lubrication, drivetrain losses, dyno type and calibration, atmospheric conditions, installation, operation and maintenance.
Billet Rotary does not guarantee any particular power, torque, boost, RPM, elapsed time, speed, reliability period or competition outcome. A stated maximum figure is an operating limit or specification reference, not a promise that continuous operation at that limit will be safe under all conditions.
14 Installation commissioning and operation
The Customer must ensure installation and commissioning are performed by suitably qualified persons experienced with modified rotary engines and the relevant products. Before operation, the installer must verify identity, compatibility, clearances, alignment, fastener torque, oil-system priming, oil pressure, fuel pressure, ignition timing, trigger configuration, ECU configuration and protections, cooling-system operation and bleeding, intake, exhaust, vacuum and boost connections, and absence of foreign material.
If any discrepancy, leak, warning, abnormal reading or noise is detected, the engine or product must not be operated until the cause has been investigated and Billet Rotary contacted where appropriate.
The Customer must follow all written run-in, operating, servicing, inspection and maintenance requirements and retain appropriate records. Competition engines may have shorter and unpredictable service lives, require frequent inspection or rebuild, and exhibit increased noise, vibration, fuel consumption, emissions and reduced low-speed drivability.
15 Tuning and causes outside warranty
The Customer is responsible for correct tuning and operation within the written limits of the build. To the extent permitted by law, Billet Rotary is not responsible for damage caused or contributed to by:
-
detonation, pre-ignition, lean mixtures or excessive ignition timing;
-
overboost, boost-control failure, over-revving or missed gear changes;
-
excessive exhaust, oil or coolant temperature;
-
inadequate oil pressure, lubrication, oil supply or oil-system contamination;
-
incorrect, contaminated or insufficient fuel;
-
cooling-system, fuel-system, ECU, ignition, turbocharger or ancillary-component failure;
-
foreign-object ingestion;
-
incorrect installation, wiring, plumbing, setup or ECU configuration;
-
continued operation after a warning, abnormal noise or suspected fault;
-
accident, collision, competition incident, misuse or external damage;
-
unauthorised modification, machining, dismantling or repair; or
-
failure to follow supplied run-in, servicing, inspection or maintenance requirements.
Competition use does not automatically remove statutory rights. However, wear, reduced service life or failure caused by competition stresses, tuning, operating conditions or an external system is not a defect in Billet Rotary’s goods or workmanship merely because a failure occurred.
16 Express warranties and consumer guarantees
Any voluntary express warranty offered by Billet Rotary applies only where its period, scope and conditions are stated in the applicable Quote, invoice, product listing or written warranty schedule. Warranty coverage may differ according to specification and intended use.
Our Goods and Services come with guarantees that cannot be excluded under the ACL where the ACL applies. Nothing in these Terms excludes, restricts or modifies a consumer guarantee, liability or remedy that cannot lawfully be excluded, restricted or modified.
To the extent the law permits Billet Rotary to limit a remedy, Billet Rotary’s liability is limited, at Billet Rotary’s option, to the remedies permitted by the applicable law, which may include repair, replacement, resupply or the reasonable cost of obtaining an equivalent remedy.
17 Claims inspection and assessment
When a problem is suspected, the Customer must stop operating the engine or product as soon as reasonably practicable, take reasonable steps to prevent further damage, notify Billet Rotary, and provide the order details and a clear description of the issue.
The Customer must provide reasonably requested photographs, videos, invoices, service records, ECU logs, dyno data, oil samples and diagnostic information, and give Billet Rotary a reasonable opportunity to inspect and assess the product before it is dismantled, altered or repaired.
The Customer or a third party must not dismantle, machine, repair or modify a claimed product without prior written approval, except where immediately necessary to prevent injury or further property damage. Unauthorised work does not automatically remove statutory rights, but Billet Rotary is not responsible for additional damage or assessment difficulty caused by that work.
Billet Rotary may require return for inspection. If a defect attributable to Billet Rotary is confirmed, Billet Rotary will provide the remedy and bear the costs required by law. If inspection reasonably establishes that the issue is outside Billet Rotary’s responsibility, the Customer may be charged reasonable freight, cleaning, disassembly, inspection, testing, reassembly and storage costs. No fee will be charged where that would unlawfully restrict a statutory remedy.
18 Change of mind returns
Billet Rotary is not required to accept a return because the Customer changes their mind, orders the incorrect item or no longer requires it. Billet Rotary may approve a return of a normally stocked item in writing at its discretion.
For a change-of-mind or incorrectly ordered return, a product must remain completely unopened in its original sealed packaging and must never have been installed, wired, connected, programmed, powered, fitted or test-fitted to an engine, vehicle or other component. It must include all original labels, seals, documentation, accessories and undamaged packaging and remain capable of resale as a completely new product.
Opening or test-fitting makes a product ineligible even if the Customer then determines that it does not suit the application, is incompatible, lacks desired clearance or appearance, requires modification or is no longer wanted.
Evidence of fitting or use includes scratches, scuffs, dents, handling marks, fastener or washer witness marks, marks around mounting holes, dowels, studs or flanges, gasket, sealant, oil, fuel or coolant residue, tool marks, altered threads, electrical connection, programming, machining, grinding, filing or polishing. Billet aluminium and finished components can be permanently marked by brief test-fitting and cannot then be resold as new.
19 Restocking fees and return process
An approved unopened stocked-item return is subject to a restocking fee of 20% to 25% of the item price, determined by the applicable supplier charge and reasonable handling costs. A 20% fee ordinarily applies to unopened goods returned complete in undamaged original packaging. A fee of up to 25% may apply where supplier, inspection, administration or repackaging costs justify it.
No item may be returned without prior written authorisation. Approved returns must be sent in accordance with Billet Rotary’s instructions and received within 14 days after authorisation unless another period is agreed. The Customer pays return freight, uses suitable tracked and insured transport, and bears transit risk to the extent permitted by law.
Receipt does not constitute acceptance. Billet Rotary may inspect the item before issuing a refund or credit. If it arrives opened, incomplete, marked, damaged or outside the approved condition, Billet Rotary may reject it or reduce the credit by the resulting loss in value where lawful.
Original freight, unrecoverable merchant charges, international transfer costs, currency-conversion loss and return freight are not refundable on a change-of-mind return where legally permitted. Refunds are calculated by reference to the AUD amount received and are returned through the original payment method where practicable.
Restocking fees and these change-of-mind restrictions do not apply where the Customer is entitled to a remedy for faulty, incorrectly supplied or non-compliant goods under the ACL.
20 Non returnable and sealed products
The following are not returnable for change of mind: Custom Goods, special-order or non-stocked items, complete engines or assemblies, manufactured or ordered-to-specification goods, used, fitted, opened, marked, damaged or altered goods, programmed or licensed goods, modified or custom-wired electronics and items expressly identified as final sale.
Certain ECUs, engine-management systems, CDI units, ignition modules, coils, sensors, data loggers, wiring products and other electronic components are supplied on an unopened-return-only basis. They cannot be returned for change of mind once packaging, a security seal, anti-static bag or tamper-evident seal has been opened, or once connected, powered, programmed, registered, licensed, installed or mounted.
Where relevant, return approval may also depend on acceptance by the manufacturer or distributor. Customers must verify compatibility, part numbers, measurements, wiring, voltage, trigger systems and specifications before opening or fitting the product.
21 Freight and delivery
Billet Rotary may use Australia Post, DHL, TNT, UPS, FEDX or another carrier reasonably appropriate for the shipment. Freight prices and transit times are estimates unless expressly guaranteed. Carrier delay does not make Billet Rotary liable for consequential loss or automatically permit cancellation.
The Customer must provide a complete and accurate recipient name, delivery address, email, telephone number and any business, tax, customs or import information. The Customer is responsible for reasonable additional charges caused by incorrect information, address changes, unsuccessful delivery, redirection, storage or return to sender.
Unless expressly included, freight, specialised packing, crating, insurance, duties and related charges are additional. Freight estimates may be adjusted for final packed weight, dimensions, destination, carrier surcharge or packaging requirements. Additional charges must be paid before dispatch.
Billet Rotary will select packaging reasonably appropriate for the product and transport method. Timber crates, pallets, export packaging, fumigation, specialised handling and dangerous-goods requirements may incur additional charges. Different or upgraded packaging requested by the Customer must be requested before packing and may be charged separately.
22 Transit insurance damage and loss
Transit insurance is included only if expressly stated. If optional insurance is offered, the Customer may request it before dispatch and must pay the premium. To the extent permitted by law, a Customer who declines offered insurance accepts uninsured transit risk. This does not excuse inadequate packaging or another matter for which Billet Rotary is legally responsible.
The Customer should inspect external packaging at delivery. Where damage is visible, the Customer should note it with the carrier where practicable, photograph the packaging, label and damage, retain all packing materials, notify Billet Rotary as soon as reasonably possible, and avoid installation, dismantling or modification.
Billet Rotary may request reasonable evidence for a carrier or insurer claim. Carrier reporting periods do not remove non-excludable statutory rights. A Customer seeking reimbursement must not arrange repairs or dispose of damaged goods or packaging without written approval unless reasonably necessary to prevent injury or further damage.
23 Refused and undeliverable shipments
Refusing delivery does not constitute an approved cancellation or return. If goods are refused, abandoned, unclaimed or returned because of Customer action, non-payment of destination charges or missing Customer information, the Customer is responsible for reasonable return freight, redelivery, storage, customs, brokerage, carrier, inspection and repackaging expenses. This does not apply where rejection was reasonably caused by Billet Rotary supplying materially incorrect or non-compliant goods.
24 International orders
An international Customer is responsible for determining whether Goods may lawfully be imported, installed and used in the destination country. Unless expressly included, the Customer is responsible for import duties, tariffs, GST, VAT, taxes, customs clearance, brokerage, permits, inspections, certifications, demurrage, quarantine, storage, registration, emissions and road-use compliance.
Billet Rotary is not responsible for customs valuation decisions, classifications imposed by authorities, inspections or border delays. Billet Rotary will prepare commercial documentation using information reasonably available and will not understate value or misdescribe Goods.
If the Customer does not pay destination charges or complete clearance, resulting return, storage, destruction or abandonment costs may be charged to the Customer. Any agreed Incoterm or written shipping term in the Quote prevails to the extent it expressly allocates cost or risk differently.
25 Risk title and collection
Legal title to Goods supplied by Billet Rotary remains with Billet Rotary until all amounts payable for the applicable Order have cleared, to the extent permitted by law. The Customer must not sell, encumber or dispose of unpaid Goods.
Risk passes at the time stated in the Quote or applicable agreed shipping term and otherwise as determined by applicable law. Nothing transfers risk earlier than legally permitted or removes a non-excludable consumer protection.
Billet Rotary may withhold possession of Goods and Customer property to the extent permitted by law until amounts lawfully owing for the relevant work, freight and storage have been paid.
26 Storage and uncollected goods
When an engine, component or Order is complete or otherwise ready for payment, collection or dispatch, Billet Rotary will notify the Customer using the most recently supplied contact details. The Customer must pay all outstanding amounts and arrange collection or dispatch within 14 calendar days after notice.
After that period, storage is charged at $100 plus GST per engine, assembly, pallet or equivalent storage unit for each week or part of a week, unless a different rate is stated in the Quote. Storage charges must be paid before release.
Stored goods remain at the Customer’s risk to the extent permitted by law, although Billet Rotary will exercise reasonable care. Billet Rotary is not required to insure stored goods unless agreed in writing, and the agreed insurance cost may be charged to the Customer.
If goods remain unpaid or uncollected, Billet Rotary may exercise available rights concerning uncollected goods, including sale or disposal, only after giving the notices and following the procedures required by applicable Queensland law. Sale proceeds may be applied to outstanding amounts and reasonable sale, storage and disposal expenses, with any balance handled as required by law. Storage charges do not prevent recovery of any remaining debt.
The Customer must keep their email, telephone number and physical address current. Failure to update contact information does not prevent storage charges accruing after Billet Rotary has reasonably attempted notice using the most recently supplied details.
27 Intellectual property and confidentiality
Billet Rotary retains all intellectual property in its pre-existing and independently developed designs, drawings, CAD files, specifications, processes, port designs, tooling, photographs, documentation, branding and know-how. Payment for Goods or Services does not transfer that intellectual property unless expressly agreed in writing.
The Customer receives a non-exclusive right to use supplied documentation only for installation, operation and maintenance of the purchased Goods. The Customer must not reproduce, manufacture from, reverse engineer for commercial replication, publish or supply Billet Rotary confidential technical material to another person without written consent, except where the law permits otherwise.
Billet Rotary may photograph and record work and completed products for quality, recordkeeping and promotional purposes, provided it does not publish the Customer’s confidential information, personal information, registration number or identity without consent.
28 Limitation of liability
Nothing in these Terms excludes liability that cannot lawfully be excluded. Subject to that limitation, Billet Rotary is not liable for indirect, special or consequential loss arising from an Order, including loss of profit, revenue, opportunity, use, racing entry, sponsorship, travel, accommodation, vehicle downtime or damage that could reasonably have been avoided by stopping operation after a suspected fault.
Billet Rotary is not responsible for removal, installation, tuning, towing, recovery, third-party workshop charges or damage to other components unless the law requires otherwise or Billet Rotary expressly agreed to bear that cost in writing.
Where the Customer acquires Goods or Services for business purposes and a statutory guarantee may lawfully be limited, Billet Rotary’s liability is limited to the remedy or remedies permitted by law. This section must be read subject to section 16.
29 Customer responsibility and indemnity
The Customer is responsible for the safe, lawful installation and use of competition products. To the extent permitted by law, the Customer indemnifies Billet Rotary against third-party claims, penalties, loss and reasonable costs arising from the Customer’s unlawful road use, unsafe installation, unauthorised representation or use outside the agreed specification, except to the extent caused by Billet Rotary’s breach, negligence or unlawful conduct.
The Customer must not represent that Billet Rotary or Mazda has certified a vehicle, installation, power figure or road use unless that certification has been expressly issued in writing by the relevant party.
30 Events outside reasonable control
Billet Rotary is not liable for delay or failure caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, civil disturbance, government action, border restriction, industrial dispute, transport interruption, supplier failure, material shortage, utility outage or equipment failure that could not reasonably have been prevented.
Affected obligations are suspended for the duration and Billet Rotary will take reasonable steps to reduce the effect. This provision does not excuse payment already due and does not remove a statutory right that cannot lawfully be excluded.
31 Disputes
A party claiming a dispute should give written notice describing the issue and desired resolution. The parties must first attempt in good faith to resolve it through direct discussion and exchange of relevant information.
If unresolved within 20 business days, either party may propose mediation in Queensland through a mutually agreed mediator before commencing court proceedings. This does not prevent urgent injunctive relief, debt recovery, a regulator complaint or exercise of a statutory right.
32 Notices
A notice may be given by email, post or personal delivery using the most recent contact details provided. Email notice is taken to be received when capable of being retrieved at the recipient’s nominated address, unless the sender receives a delivery-failure notice. The Customer must promptly update their contact information.
33 General provisions
These Terms, the accepted Quote, final specification and expressly incorporated documents constitute the agreement concerning the Order. A waiver is effective only if in writing and applies only to the particular instance. Delay in exercising a right is not a waiver.
If a provision is invalid or unenforceable, it is to be read down to the extent necessary and otherwise severed without affecting the remaining provisions. The Customer may not assign an Order without Billet Rotary’s written consent. Billet Rotary may use employees, contractors and specialist suppliers to perform its obligations while remaining responsible for its own obligations under the agreement.
Billet Rotary may update these Terms prospectively. An update does not alter an already accepted Order unless the parties agree or the change is required by law. The version identified in the accepted Quote or at acceptance governs that Order.
34 Governing law
These Terms and each Order are governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland and courts entitled to hear appeals from them, subject to any non-excludable law or jurisdictional right.
35 Contact details
Billet Rotary Pty Ltd
ABN 30 638 637 591
Arundel, Queensland, Australia
Billet Rotary operates from private premises that are not open to the public. Collection and return addresses are provided directly when required. Visits and collections require prior written arrangement.
