1 Application and enquiries
Submitting the form on this website, sending drawings, discussing a job or requesting a price does not require Fluxpoint to accept the work and does not create a contract. These terms apply to a job only when the written quotation identifies or incorporates them and the customer has reasonable access to them before acceptance. Fluxpoint may ask for more information, decline a job or decide that engineering, certification, licensing, specialist processes or other inputs are required before quoting.
2 Quotation and acceptance
A written quotation identifies the work Fluxpoint is offering to perform, the price or pricing basis, payment schedule, expected timing, validity period and applicable documents. Unless the quotation states another method, the customer accepts by signing or electronically confirming the identified quotation before it expires. A contract is formed on that acceptance after the customer has been given reasonable access to these terms. A required deposit is then a condition to procurement or commencement; it is not a second contract-formation event.
3 Document priority
If contract documents conflict, a later written variation accepted by both parties prevails. Otherwise, the accepted quotation prevails for project-specific scope, price, payment, timing and expressly allocated responsibilities. An approved drawing prevails for dimensions, materials and fabrication details within its scope. These general terms then apply. An order confirmation records the accepted agreement and does not change it unless the customer expressly agrees to the change in writing.
4 Scope and exclusions
Only work expressly included in the accepted quotation is included. Installation, site fitting, site measurement, coatings, freight, unloading and third-party processes are excluded unless the quotation expressly includes them. Fluxpoint provides fabrication services only and does not provide engineering, structural design, certification, certified load ratings or regulatory approval. Where required, those services must be arranged separately through a suitably qualified third party. Fluxpoint does not currently offer on-site installation or fitting as a standard service.
5 Customer information
The customer must provide information reasonably needed to assess and perform the work, including accurate dimensions, interfaces, drawings, quantities, intended use, operating conditions, access constraints and deadlines. The customer must identify critical dimensions and disclose known hazards or regulated requirements. Fluxpoint will raise material inconsistencies it notices but is not responsible for consequences caused by materially inaccurate, incomplete or unauthorised customer information to the extent fair and permitted by law.
6 Customer drawings and design rights
The customer confirms that they are authorised to provide and use submitted drawings, CAD files, specifications, photographs and other design material for the project. Each party retains their pre-existing intellectual property. Unless the quotation states otherwise, Fluxpoint retains its manufacturing know-how, templates and fabrication methods. Fluxpoint may use customer material only as needed to assess, quote and perform the project or meet legal obligations.
7 Customer-supplied design and engineering
Fluxpoint fabricates from customer-supplied drawings, specifications, dimensions and instructions. Fluxpoint may prepare or mark up workshop drawings solely to record fabrication and manufacturing details based on that information. These workshop drawings do not constitute engineering, structural design, certification, verification of load capacity or confirmation that an item is suitable for its intended use. Any required engineering, certification or regulatory approval must be supplied by the customer or an appropriately qualified third party before fabrication begins. Fluxpoint remains responsible for its fabrication workmanship and for obligations that cannot lawfully be excluded.
8 Drawing approval
Where a workshop drawing is provided for approval, fabrication may begin after the customer approves the identified revision. Approval confirms the recorded dimensions, materials and manufacturing details but does not constitute engineering approval or independent verification of the design. Customer approval does not waive Fluxpoint's responsibility for its workmanship or any obligation that cannot lawfully be excluded. Changes requested after approval are handled as variations.
9 Materials, tolerances and finish
Materials and finishes are those stated in the quotation or approved drawing. Normal minor variation inherent in metal, welding, fabrication and finishing may occur where it does not materially affect the agreed specifications, appearance, function or any applicable consumer guarantee. Fluxpoint will obtain approval before making a substitution that materially changes the agreed result. The customer must identify any critical fit, interface, appearance or service requirement before acceptance.
10 Price, payment and commencement
The quotation states the price, whether GST applies, and the payment schedule. Unless the quotation expressly grants credit, amounts must be paid when stated and any final balance must be cleared before collection or dispatch. Fluxpoint may delay procurement or work until a required deposit, information or approval is received. A genuine pricing error or an unforeseen condition will be addressed by a proposed written variation rather than an undisclosed charge.
11 Variations
A change to scope, drawing, quantity, material, finish, timing or delivery is binding only when recorded and accepted in writing. The variation should state the changed work and, where reasonably known, its effect on price and timing. Fluxpoint may pause the affected work while approval is outstanding. Work already completed or materials already committed may affect the variation price.
12 Timing and delays
Quoted dates are estimates unless expressly identified as guaranteed. Fluxpoint will take reasonable steps to meet the stated timing and communicate material delays. Neither party is responsible for delay caused by an event beyond its reasonable control to the extent permitted by law, but the affected party must take reasonable steps to reduce the effect. If a delay becomes material, the parties will discuss a reasonable revised timeframe and any available cancellation, refund or other remedy. Nothing in this clause removes rights or remedies that cannot lawfully be excluded.
13 Cancellation and suspension
The customer may request cancellation in writing. If cancellation occurs after Fluxpoint has performed work or incurred costs that cannot reasonably be avoided, Fluxpoint may deduct reasonable costs and the value of conforming work properly performed, then refund any remaining prepaid amount. The amount retained must reflect genuine loss rather than operate as a penalty. Fluxpoint may suspend or cancel work for non-payment, unsafe or unlawful requirements, undisclosed hazards, missing approvals or a material customer breach, after giving reasonable notice and a reasonable opportunity to address a remediable breach where practicable. If Fluxpoint cancels for a reason not caused by the customer, Fluxpoint will refund amounts paid for work or materials not supplied, subject to any greater remedy required by law. Any financial adjustment remains subject to applicable law and the circumstances that caused cancellation.
14 Customer-owned items, repairs and hazards
For a repair or modification, Fluxpoint may record the item's apparent condition before work. Fluxpoint will take reasonable care while the item is in its custody but is not responsible for pre-existing defects or deterioration not caused by its work. The customer must disclose known or suspected hazardous materials, contamination, stored energy or unsafe conditions. Fluxpoint may stop work if an item appears unsafe, unlawful to work on or materially different from its description. Any additional work requires agreement through the variation process.
15 Delivery, collection, risk and title
Delivery and collection are governed by the Shipping, Delivery and Collection Policy and the quotation. Unless mandatory law requires otherwise, responsibility for accidental loss or damage passes to the customer when the goods are delivered to the agreed destination, collected by the customer or their representative, or handed to a carrier arranged independently by the customer. Ownership passes after full payment and delivery or collection. These provisions do not reduce rights relating to loss or damage caused by Fluxpoint, its carrier where Fluxpoint is responsible, or a failure to comply with applicable consumer guarantees.
16 Inspection and problems
The customer should inspect goods as soon as reasonably practicable and notify Fluxpoint promptly of transit damage, incorrect supply or an alleged defect, with photographs and supporting information where available. A prompt report helps investigation but does not remove rights for latent defects or rights that cannot lawfully be excluded. The customer should stop using an item if continued use may be unsafe or worsen the problem.
17 Consumer guarantees
Where the Australian Consumer Law applies, goods and services come with automatic consumer guarantees. Nothing in the quotation or these terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded. The available remedy depends on whether the supply involves goods, services or both, the seriousness of the failure and the circumstances. Fluxpoint may reasonably inspect or assess an alleged problem before providing a remedy where the law permits, but an assessment does not limit a customer's statutory rights.
18 Responsibility for loss
Each party remains responsible to the extent provided by law for loss caused by its breach, negligence or inaccurate information. No term excludes liability for fraud, wilful misconduct, personal injury, damage caused by negligence where it cannot lawfully be excluded, or reasonably foreseeable loss for which the Australian Consumer Law requires compensation.
19 Photography and confidentiality
Fluxpoint will not publish photographs or identifying information about custom work, prototypes, customer drawings or commercially sensitive projects for marketing without express consent for that project. Consent to marketing photography must be requested separately from acceptance of the quotation. Internal photographs or records reasonably needed for quality, warranty, safety or dispute handling are governed by the Privacy Policy.
20 Disputes and governing law
A customer should contact Fluxpoint promptly so the parties can try to resolve a concern in good faith. This does not prevent either party from exercising statutory rights or seeking urgent relief. The contract is governed by the laws of Victoria, Australia, subject to mandatory law that applies.