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1. About Us

Butler Techsense Australia Pty Ltd (we, us, our) supplies measurement instrumentation, calibration services, technical support and related software solutions across Australia.

2. Acceptance

These Terms and Conditions apply to the supply of goods and services by us to you. By requesting a quote, placing an order, engaging our services, or otherwise acquiring goods or services from us, you agree to be bound by these Terms.

3. Products and Services

We provide, among other things:

  • Measurement instrumentation and equipment
  • Calibration and technical services
  • Support, maintenance and related technical assistance
  • Access to, or integration with, third-party software, hosted platforms and subscription applications

All goods and services are subject to availability. We may update, modify, withdraw or discontinue goods, services or service offerings at any time.

4. Quotes and Pricing

  • Quotes are valid for 30 days unless otherwise stated in writing.
  • Unless stated otherwise, all prices are in AUD and exclude GST and any other applicable taxes, duties or charges.
  • Freight, delivery, travel, accommodation, installation, commissioning and other ancillary costs may be charged in addition to the quoted price where applicable.
  • A quote is based on the information available at the time it is issued. If the scope of work changes, or if additional work, parts, travel or services are required, we may revise the price accordingly.

5. Orders and Payment

  • Payment terms are 20th day of the month following invoice, unless otherwise agreed in writing.
  • We may require a deposit, progress payment or payment in advance before an order or commencing services.
  • You must pay all amounts due without set-off, deduction or withholding, except where required by law.
  • If payment is overdue, we may suspend services, withhold deliverables, delay shipment, or decline to accept further orders until outstanding amounts are paid in full.

6. Delivery, Title and Risk

  • Delivery dates and timeframes are estimates only and are not guaranteed.
  • Risk in goods passes to you upon delivery to your nominated address, collection by you or your carrier, or installation at your site, as applicable.
  • Title to goods remains with us until all amounts owing to us in respect of those goods have been paid in full.
  • You are responsible for the proper handling, storage, installation, operation and use of the goods after delivery.

7. Site Access and Customer Obligations

Where we provide on-site services, you must ensure we are given safe and timely access to the site, equipment and any relevant systems. You are responsible for:

  • Providing accurate, complete and timely information reasonably required by us
  • Ensuring equipment or work areas are safe, accessible and suitable for the services
  • Ensuring any equipment submitted for calibration, inspection or service is fit for handling and testing
  • Using supplied products safely, lawfully and for their intended purpose
  • Maintaining appropriate backups of any data, configurations or settings used with supplied products or systems
  • Complying with all applicable laws, regulations, standards and workplace health and safety requirements.

8. Calibration and Technical Services

  • Calibration and technical services are performed using recognised industry standards, accepted technical methodologies and reasonable care and skill.
  • Certificates, reports and related documentation will be provided where applicable and where included within the agreed scope of work.
  • Calibration results and service findings relate to the condition of the equipment at the time of testing or inspection only.
  • Unless expressly agreed otherwise, you are responsible for determining appropriate recalibration intervals, maintenance schedules and the ongoing suitability of equipment for its intended use.

9. Software and Subscription Services

  • Some solutions supplied by us may include third-party software, cloud services, licences, hosted platforms or subscription applications.
  • Subscription, licence or renewal fees may apply and are generally payable in advance.
  • Your use of third-party software or subscription services is subject to the relevant third-party provider’s terms, licence conditions and privacy policies.
  • To the extent permitted by law, we are not responsible for outages, service interruptions, security incidents, loss of data, changes to functionality, discontinued

10. Warranties

  • Products may be supplied with a manufacturer’s warranty, where applicable.
  • We warrant that services supplied by us will be provided with due care and skill.
  • Except as expressly set out in these Terms and to the extent permitted by law, all other representations, warranties and conditions are excluded.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Where goods or services are supplied to you as a consumer for the purposes of the Australian Consumer Law, statutory guarantees may apply.

If goods or services supplied by us are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then to the maximum extent permitted by law, our liability for any failure to comply with a consumer guarantee is limited, at our option:

For goods, to one or more of the following:
a) replacement of the goods or supply of equivalent goods;
b) repair of the goods;
c) payment of the cost of replacing the goods or acquiring equivalent goods; or
d) payment of the cost of having the goods repaired.

For services, to either:
a) supplying the services again; or
b) paying the cost of having the services supplied again.

12. Faults, Warranty Claims and Returns

  • If you believe goods supplied by us are faulty, defective, damaged or otherwise Non-compliant, you must notify us within a reasonable time after the issue becomes apparent.
  • We may require you to provide reasonable details of the issue, including photographs, test information, serial numbers or return inspection details where relevant.
  • Where a product is covered by a manufacturer’s warranty, we may assist in facilitating a warranty claim, but the manufacturer’s warranty terms will apply.
  • Goods must not be returned without our prior approval. If a return is authorised, we may provide instructions regarding packaging, freight, inspection or return location.
  • Nothing in this clause limits any rights or remedies you may have under the Australian Consumer Law.

13. Third-Party Products and Services

We may supply, resell, integrate or recommend third-party products, hardware, software or services.

To the extent permitted by law:

  • We do not warrant the performance, availability, interoperability or ongoing suitability of third-party products or services
  • Third-party warranty terms, support arrangements, licence conditions and service levels may apply directly between you and the third-party provider
  • Your use of third-party products or services may be subject to separate contractual terms and privacy policies.

14. Limitation of Liability

To the maximum extent permitted by law:

  • Our total aggregate liability arising out of or in connection with the supply of goods or services, whether in contract, tort (including negligence), under statute or otherwise, is limited to the amount paid by you for the specific goods or services giving rise to the claim; and
  • We are not liable for any indirect, incidental, special or consequential loss or damage, including loss of profit, loss of revenue, loss of business opportunity, loss of production, loss of use, downtime, loss of data, corruption of data or loss of goodwill.

Nothing in this clause limits any liability that cannot lawfully be limited or excluded.

15. Calibration Liability Disclaimer

  • Calibration services are performed using recognised industry standards, accepted technical practices and the procedures applicable at the time of service.
  • Calibration results and reports reflect the condition and performance of the equipment only at the time of testing and only within the scope of the services performed.
  • We do not guarantee ongoing performance, accuracy, stability or compliance of equipment after calibration, as this may be affected by use, transport environment, contamination, handling, wear, damage or other factors outside our control.
  • It is your responsibility to determine whether calibration results are suitable for your intended use and to maintain appropriate calibration intervals and quality controls.
  • To the maximum extent permitted by law, we are not liable for losses arising from reliance on calibration results outside the stated scope of service, report limitations, tolerances or test conditions.

16. Suspension and Termination

We may suspend or terminate the supply of goods or services, in whole or in part, immediately by written notice if:

  • Payment is overdue
  • You breach these Terms and fail to remedy that breach within a reasonable time after notice, where the breach is capable of remedy
  • We reasonably consider that continued supply may expose us to safety, legal, credit or operational risk
  • you become insolvent, enter administration, liquidation or any analogous process.

Termination does not affect any accrued rights, payment obligations or liabilities of either party.

17. Force Majeure

We are not liable for delay, failure to perform, or inability to perform caused by events beyond our reasonable control, including transport disruption, shipping delays, strikes, labour shortages, supplier failure, utility outages, cyber incidents, natural disasters, fire, flood, pandemic, war, civil unrest, governmental action or import or export restrictions.

18. Intellectual Property

Unless otherwise agreed in writing, all intellectual property rights in our reports, proposals, methodologies, templates, calibration documentation, service materials and website content remain our property or the property of our licensors. Payment of an invoice does not transfer ownership of our intellectual property unless expressly stated otherwise.

19. Governing Law

These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

20. Updates to These Terms

We may amend these Terms from time to time. Updated Terms will take effect when published on our website or otherwise notified to you and will apply to orders placed or services engaged after that date.

21. Contact

Butler Techsense Australia Pty Ltd
5/23 Breene Place
Morningside, QLD 4170
Australia

Phone: 1800 955 934
Email: info@butlertechsense.com.au

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