- ORDERS
- By ordering powder coating services from Us, delivering goods to Us, accepting a quotation from Us, approving work to proceed, or otherwise instructing Us to perform work, You acknowledge and agree that You are expressly contracting with Us on these Terms and Conditions.
- You will be bound by these Terms and Conditions unless otherwise expressly agreed to in writing by Us.
- We are not bound to accept Your order.
- We may refuse to accept, suspend, or cancel an order where, acting reasonably, We consider that:
- the Customer Goods are unsafe, unsuitable, contaminated, hazardous, or not reasonably capable of being powder coated to an acceptable standard;
- the Customer Goods differ materially from the description, drawings, photographs, samples, quantity, dimensions, condition, substrate, or specification provided to Us before quotation;
- You have not paid a required deposit, account, or overdue amount;
- You have not provided instructions, specifications, colour selections, approvals, or other information reasonably required by Us; or
- the work would require Us to comply with a standard, specification, tolerance, warranty, or condition that We have not expressly accepted in writing.
- Unless expressly stated in Our quotation, Our Services do not include disassembly, reassembly, repairs, welding, metal fabrication, removal of glass, tyres, bearings, seals, rubbers, plastics, electronics, grease, oils, adhesives, silicone, fillers, previous coatings, corrosion, or other foreign material.
- You warrant that You are the owner of the Customer Goods or are authorised by the owner to provide the Customer Goods to Us for the Services.
- You must tell Us before We quote if the Customer Goods are subject to any security interest, hire purchase arrangement, lease, retention of title arrangement, or third-party ownership claim.
- PRICING
- The price for the Services is as stated in the quotation provided by Us as at the date of Our acceptance of Your order unless otherwise agreed by Us in writing.
- The price contained in the quotation is valid for 30 days from the date of quotation. If You do not accept the quotation and thereby place Your order with Us during this period, We are not bound thereafter to supply the Services at that price.
- Unless otherwise stated in writing, quotations are based on the information supplied by You, including the quantity, dimensions, material, existing condition, colour, finish, preparation requirements, masking requirements, packaging requirements, and intended use of the Customer Goods.
- If, after receiving the Customer Goods, We determine that additional work, materials, masking, stripping, blasting, preparation, handling, transport, storage, labour, or other costs are reasonably required, We may provide You with a revised price or variation. We are not required to proceed with the affected work until You approve the revised price or variation.
- If You do not approve a revised price or variation, We may cancel the affected work and You must pay Us for any Services already performed, materials ordered, handling, storage, assessment, or other reasonable costs already incurred by Us.
- In addition to the price payable for the Services, You must pay to Us, on demand, the GST payable in respect of the supply of those Services.
- You must pay all money due to Us without deduction, set-off, withholding, or counterclaim except to the extent required by law.
- We may, at Our discretion, apply any payments We receive from You in and towards the satisfaction of any indebtedness on Your part and We will not be bound by any conditions or qualifications that You may make in relation to payments made to Us, except to the extent required by law.
- Special-order powders, non-standard colours, metallic finishes, textured finishes, primers, chemical treatments, masking materials, blasting media, or other materials ordered specifically for Your job may be charged to You even if You cancel the order after those materials have been ordered.
- PAYMENT TERMS
- Unless We agree otherwise in writing, a deposit of 10% of the quoted price is payable upon Your acceptance of Our quotation.
- We may require a higher deposit, payment in full, or payment for special-order materials before commencing work.
- Your order will not be accepted by Us unless the required deposit has been paid to Us in cleared funds.
- Unless You have an approved credit account with Us, the balance of the price is due and payable in full before collection, delivery, or release of the Customer Goods.
- Where We have approved a credit account for You, payment is due strictly in accordance with the credit terms approved by Us in writing. We may withdraw or vary credit terms at any time for future orders.
- We may retain possession of the Customer Goods until all amounts due to Us in relation to those Customer Goods have been paid in full.
- DELIVERY, COLLECTION & STORAGE
- Unless We agree otherwise in writing, You are responsible for delivering the Customer Goods to Our premises and collecting the Customer Goods from Our premises after completion.
- Any transport, freight, pickup, delivery, loading, unloading, packing, or unpacking arranged by Us will only be included where expressly stated in Our quotation.
- You must ensure the Customer Goods are safely and appropriately packed, labelled, protected, and transported.
- We are not liable for loss, damage, scratching, rubbing, marking, bending, contamination, corrosion, or deterioration caused by inadequate packing, handling, transport, storage, or instructions provided by You or by any third party engaged by You.
- We will endeavour to complete the Services within the time specified by Us. Any completion date is an estimate only unless We expressly agree in writing that time is of the essence.
- Under circumstances which are beyond Our reasonable control, including supplier delays, powder shortages, equipment failure, power outages, staffing shortages, transport delays, extreme weather, industrial action, or unsafe conditions, We may delay or suspend the Services for such period as may reasonably be required.
- You must collect the Customer Goods within 7 days after We notify You that they are ready for collection unless We agree otherwise in writing.
- If Customer Goods are not collected within the required time, We may charge reasonable storage, handling, insurance, administration, and preservation costs.
- If Customer Goods remain uncollected, We may sell, dispose of, or otherwise deal with those goods only in accordance with applicable law, including the Disposal of Uncollected Goods Act 2020 (Tas).
- CUSTOMER GOODS, SUBSTRATE CONDITION & PREPARATION
- You acknowledge that powder coating is a finishing process applied to the Customer Goods supplied to Us, and the final result depends substantially on the material, design, age, condition, previous coating history, contamination, corrosion, construction, fabrication quality, and suitability of the Customer Goods.
- You must tell Us before quotation if the Customer Goods:
- have been previously painted, powder coated, anodised, galvanised, plated, chemically treated, oiled, waxed, polished, siliconed, repaired, filled, glued, or contaminated;
- contain rust, corrosion, mill scale, laser scale, weld scale, sharp edges, porous welds, pits, cracks, castings, cavities, hollow sections, crevices, drainage issues, or inaccessible surfaces;
- may contain lead paint, asbestos, fuel, oil, grease, gas, chemicals, flammable substances, pressurised materials, batteries, electronics, rubber, plastic, glass, timber, adhesives, or heat-sensitive components;
- are intended for coastal, marine, pool, industrial, agricultural, chemical, high UV, high heat, abrasive, food contact, electrical, safety-critical, or other harsh or specialised environments; or
- must comply with any Australian Standard, project specification, architect’s specification, manufacturer’s specification, warranty system, colour schedule, or other technical requirement.
- Unless We expressly agree otherwise in writing, You are responsible for removing all components that are not to be powder coated or that may be damaged by heat, chemical treatment, blasting, handling, or curing.
- You acknowledge that the powder coating process may involve chemical pre-treatment, abrasive blasting, cleaning, drying, hanging, masking, electrostatic application, and oven curing.
- We are not responsible for damage, distortion, warping, melting, shrinkage, cracking, loosening, discolouration, delamination, outgassing, bubbling, pinholing, bleed-out, contamination, or other defects caused or contributed to by the condition, material, design, history, construction, or suitability of the Customer Goods.
- Unless expressly stated in Our quotation, We do not warrant that the Services will remove or rectify pre-existing defects, corrosion, pitting, dents, scratches, sharp edges, fabrication marks, weld marks, grinding marks, previous coating defects, substrate contamination, or poor metalwork.
- Powder coating does not conceal all surface defects. Some imperfections may remain visible after coating and may be more apparent depending on the colour, gloss level, texture, lighting, and viewing angle.
- COLOUR, FINISH & QUALITY TOLERANCES
- You are responsible for selecting the colour, gloss, texture, powder type, performance range, and finish required for the Customer Goods.
- Unless Our quotation expressly states a particular powder manufacturer, product range, product code, warranty system, or specification, We may select a powder product that We reasonably consider appropriate for the quoted work.
- Colours viewed on screens, printed charts, photographs, samples, swatches, previous work, or different substrates are indicative only.
- You acknowledge that colour, gloss, metallic effect, texture, film build, orange peel, and visual appearance may vary between powder batches, manufacturers, substrate types, fabrication methods, profiles, surface preparation methods, and viewing conditions.
- We do not guarantee an exact match to any existing colour, previous batch, wet paint, anodising, plating, sample, swatch, screen image, or adjacent surface unless We expressly agree in writing.
- Unless expressly agreed otherwise in writing, the finish will be assessed according to reasonable commercial powder coating standards, having regard to the nature of the Customer Goods, the quoted scope, the substrate condition, the intended use disclosed to Us, and the areas normally visible after installation or use.
- The following are not defects unless We expressly agree otherwise in writing:
- hook marks, jig marks, rack marks, contact points, or minor handling marks reasonably necessary for the coating process;
- reduced or absent coating on hidden faces, internal cavities, blind corners, threads, deep recesses, contact points, mating faces, or areas that cannot reasonably be coated;
- minor colour, texture, gloss, film build, or appearance variation within normal powder coating tolerances;
- imperfections caused by substrate defects, contamination, old coatings, castings, galvanising, welding, sharp edges, pinholes, outgassing, corrosion, drainage, or design limitations;
- coating damage caused after collection, delivery, installation, assembly, transport, storage, abrasion, impact, chemicals, cleaning products, or misuse; or
- failure to coat surfaces that You instructed Us to mask or that reasonably required masking.
- You must clearly identify all threads, bearing surfaces, sliding surfaces, electrical contact points, machined surfaces, mating faces, holes, drainage points, toleranced areas, and other areas requiring masking or protection before We commence work.
- We are not responsible for fitment issues, tolerance changes, blocked holes, coated threads, reduced clearances, or assembly issues unless You gave Us clear written masking or tolerance instructions before work commenced and We accepted those instructions in writing.
- Unless expressly agreed otherwise in writing, You and We agree that the visual appearance and acceptance/rejection criteria for powder coated aluminium and aluminium alloy Customer Goods will be assessed by reference to the AS 3715:2025 appearance criteria.
- For the purposes of visual inspection, defects are to be assessed by reference to their classification, the proportion of the Total Finish Area affected, and the applicable viewing distance contemplated by AS 3715:2025.
- Unless expressly agreed otherwise in writing:
- uniform visual defects affecting a significant proportion of the Total Finish Area will be assessed from a viewing distance of 2.0 metres;
- localised visual defects affecting a defined minor proportion of the Total Finish Area will be assessed from a viewing distance of 2.5 metres; and
- discrete visual defects affecting a small proportion of the Total Finish Area will be assessed from a viewing distance of 3.0 metres.
- Visual inspection is to be carried out using the unaided eye, from the applicable viewing distance, under normal lighting conditions, and not by close-up inspection, magnification, torchlight, raking light, photographs, or other enhanced inspection methods unless expressly agreed otherwise in writing.
- The coating will be considered acceptable where the relevant visual defects are not reasonably visible when assessed in accordance with the AS 3715:2025 appearance criteria and the inspection method set out in this clause.
- For the purposes of this clause, visual defects may include matters such as excess orange peel, light coating in recesses, opacity difference, pin-holing, powder contamination, blisters, craters, lint inclusion, powder splatter, post-finish dents, powder drop-off, scratches, swarf, water marks, and similar visual imperfections.
- Jig marks, rack marks, hook marks, hanging marks, support marks, contact points, and other marks reasonably necessary to correctly support or process the Customer Goods during powder coating are not defects.
- For extruded lengths, defects within 5 cm from the ends are excluded from the visual acceptance/rejection criteria unless expressly agreed otherwise in writing.
- Unless expressly stated in Our quotation, reference to AS 3715:2025 in this clause is limited to visual appearance inspection and acceptance/rejection criteria and does not mean that the Services, Customer Goods, substrate, pre-treatment, powder system, warranty system, or project as a whole comply with every requirement of AS 3715:2025.
- Where You require full compliance with AS 3715:2025, AS 4506:2024, a powder manufacturer’s warranty system, or another project specification, You must notify Us before quotation and obtain Our express written agreement.
- Nothing in this clause excludes, restricts, or modifies any guarantee, right, remedy, or protection that cannot be excluded, restricted, or modified under the CCA or any other applicable law.
- STANDARDS, SPECIFICATIONS & WARRANTIES FROM POWDER MANUFACTURERS
- Where You require compliance with AS 3715:2025, AS 4506:2024, a powder manufacturer’s warranty system, or any other standard or specification, You must notify Us before quotation and obtain Our express written agreement.
- Unless Our quotation expressly states that the Services will comply with a particular standard, specification, warranty system, or project requirement, We do not warrant that the Services comply with that standard, specification, warranty system, or project requirement.
- Any powder manufacturer warranty is subject to the powder manufacturer’s terms, conditions, limitations, approved project types, approved environments, pre-treatment requirements, maintenance requirements, warranty application process, and exclusions.
- To the extent that any express warranties are provided by manufacturers of powder, primer, pre-treatment chemicals, or other materials used by Us, We agree that the benefit of those warranties will be conferred on to You where reasonably available and where the relevant manufacturer permits that benefit to be passed on.
- Manufacturer warranties may not apply where:
- the Customer Goods are unsuitable for the selected powder system;
- You did not disclose the intended use, environment, exposure category, or project requirements before quotation;
- the Goods are installed or used in coastal, marine, pool, industrial, chemical, agricultural, high abrasion, high heat, or other harsh environments not approved for the selected powder system;
- the Goods are not cleaned, maintained, installed, handled, or stored in accordance with manufacturer requirements;
- the defect is caused or contributed to by substrate condition, fabrication, design, damage, misuse, corrosion, sharp edges, uncoated areas, drainage issues, or post-coating work; or
- the manufacturer declines or limits the warranty.
- INSPECTION & ACCEPTANCE
- You must inspect the Customer Goods upon collection or delivery.
- You must notify Us in writing of any obvious defect, shortage, colour issue, damage, or non-conformance within 7 days of collection or delivery.
- If You do not notify Us within that period, You will be deemed to have accepted the Customer Goods in respect of any defect, shortage, colour issue, damage, or non-conformance that was reasonably apparent upon inspection.
- You must notify Us of any latent defect within 7 days after the defect becomes apparent.
- You must not install, use, modify, repair, recoat, sell, deliver to a third party, or otherwise alter the Customer Goods after becoming aware of a defect or potential defect unless We have first had a reasonable opportunity to inspect them.
- If You do not provide Us with a reasonable opportunity to inspect the Customer Goods before they are altered, installed, repaired, recoated, or further damaged, Our ability to assess or remedy the issue may be affected and any warranty claim may be reduced or rejected to the extent permitted by law.
- If a dispute arises, You must pay any undisputed amount when due and the parties must act reasonably and in good faith to resolve the disputed issue.
- WARRANTY
- Nothing in these Terms and Conditions excludes, restricts, or modifies any guarantee, right, remedy, or protection that cannot be excluded, restricted, or modified under the CCA or any other applicable law.
- Subject to the CCA, We warrant that the Services performed by Us will be carried out with due care and skill and in accordance with any specifications expressly accepted by Us in writing.
- In the event of a defect in the Services, We agree to remedy the defect, subject to these Terms and Conditions, provided that:
- We receive written notification and a description of the defect within 3 months of completion of the Services, or within any longer period required by law;
- the defect is directly attributable to Our workmanship or materials supplied by Us;
- the defect is not attributable to the Customer Goods, substrate condition, design, fabrication, previous coatings, contamination, corrosion, misuse, installation, handling, transport, storage, cleaning, maintenance, exposure environment, third-party work, or other causes outside Our reasonable control; and
- You have complied with Your obligations under these Terms and Conditions.
- Where We accept a warranty claim, We may, at Our discretion and to the extent permitted by law:
- repair or rework the affected Customer Goods;
- strip and recoat the affected Customer Goods;
- resupply the affected Services;
- refund the price paid for the affected Services; or
- provide another remedy required by law.
- Unless required by law or expressly agreed by Us in writing, We are not responsible for removal, reinstallation, access, scaffolding, freight, transport, downtime, loss of use, consequential loss, replacement of the underlying Customer Goods, or third-party costs associated with a warranty claim.
- Any warranty is void or may be reduced to the extent that the defect is caused or contributed to by:
- impact, abrasion, scratching, rubbing, bending, flexing, cutting, drilling, welding, grinding, machining, or other post-coating work;
- installation damage or incorrect installation;
- exposure to acids, alkalis, solvents, harsh cleaners, fertilisers, pool chemicals, bore water, salt, animal waste, concrete, mortar, lime, industrial fallout, or other corrosive substances;
- failure to clean and maintain the coating in accordance with Our instructions or the powder manufacturer’s instructions;
- use in an environment or application not disclosed to Us before quotation;
- fair wear and tear;
- misuse, neglect, accident, vandalism, or abnormal use;
- defects in the Customer Goods or their design, fabrication, construction, welding, drainage, substrate, or previous coating history; or
- work performed by any person other than Us.
- DEFECT INSPECTION
- In the event that a warranty claim is made and, upon inspection, it is determined by Us acting reasonably that the defect or problem is not directly attributable to Our workmanship or materials supplied by Us, You must pay Us the reasonable costs of inspection, testing, handling, freight, call-out, travel, stripping, assessment, and reporting.
- Where a site inspection is required and the issue is not directly attributable to Our workmanship or materials supplied by Us, a minimum call-out fee of $150 plus GST, together with reasonable travel expenses, will apply unless We agree otherwise in writing.
- Any repair, rework, stripping, recoating, or other work that You engage Us to conduct and that is not covered by an accepted warranty claim will be charged at Our then-current rates plus materials, freight, GST, and other applicable costs.
- CUSTOMER SPECIFICATIONS, PERMITS & END USE
- You are responsible for ensuring that the selected powder coating system, colour, finish, specification, and performance level are suitable for Your intended use.
- You are responsible for obtaining and checking any architect approval, builder approval, engineer approval, council requirement, project specification, warranty specification, Australian Standard requirement, colour schedule, strata approval, owner approval, insurance requirement, or other approval relevant to the Customer Goods.
- Unless We expressly agree in writing, We do not provide design advice, engineering advice, architectural advice, compliance certification, fire rating certification, food contact certification, electrical insulation certification, or suitability advice for any particular application.
- If You require a particular technical specification, corrosion category, warranty system, powder manufacturer approval, test certificate, or compliance certificate, this must be disclosed before quotation and expressly accepted by Us in writing.
- LIABILITY
- Subject to the operation of the CCA and to the extent permitted by law, We will not be liable for:
- any claim, loss, damage, cost, or expense arising from the Customer Goods, except to the extent directly caused by Our negligence, breach of contract, or breach of a non-excludable statutory guarantee;
- any defect, failure, loss, or damage caused or contributed to by the substrate, design, fabrication, condition, previous coating, contamination, corrosion, installation, use, maintenance, handling, storage, transport, or environment of the Customer Goods;
- any contingent, indirect, consequential, special, economic, or punitive damages arising in any way whatsoever;
- any loss of profit, loss of revenue, loss of production, loss of business opportunity, loss of goodwill, downtime, delay cost, liquidated damages, or third-party claim;
- any claim, loss, damage, cost, or expense arising as a result of delay, non-delivery, unavailability of powder or materials, supplier delay, or failure to complete the Services by an estimated date; or
- any damage to Customer Goods that are unsuitable for powder coating, heat-sensitive, contaminated, unsafe, poorly fabricated, corroded, previously coated, porous, sealed, pressurised, or otherwise unsuitable for the Services.
- You acknowledge that We are not an insurer of the Customer Goods. You are responsible for insuring the Customer Goods for their full replacement value while in transit, at Our premises, in storage, and after collection or delivery.
- To the extent permitted by law, Our total liability arising out of or in connection with the Services will be limited to the price paid by You for the affected Services, except where the loss is caused by Our negligence, wilful misconduct, or breach of a non-excludable statutory guarantee.
- Subject to the operation of the CCA and to the extent permitted by law, We will not be liable for:
- DEFAULT
- If You fail to make any payment in accordance with these Terms and Conditions, become subject to an insolvency event, or being an individual commit an act of bankruptcy, We may, without prejudice to any of Our rights at law, do any of the following:
- require immediate payment of all outstanding amounts owed to Us, whether due or not;
- suspend further work, deliveries, collections, releases, or credit arrangements;
- retain possession of any Customer Goods still held by Us or under Our control until all amounts due to Us are paid;
- require payment in cleared funds before commencing or continuing any further Services;
- require that You pay interest to Us on any outstanding amounts at the Prescribed Interest Rate from the date that payment was due;
- issue recovery proceedings to recover any outstanding amounts; and/or
- require that You pay to Us Our reasonable costs and expenses of recovering any amounts owed to Us, including legal costs on a solicitor-client basis to the extent permitted by law.
- If You fail to make any payment in accordance with these Terms and Conditions, become subject to an insolvency event, or being an individual commit an act of bankruptcy, We may, without prejudice to any of Our rights at law, do any of the following:
- GENERAL
- You agree that all contracts made with Us will be deemed to be made in the State of Tasmania and You agree to submit to the jurisdiction of the appropriate courts in that State.
- The provisions of these Terms and Conditions will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative, invalid, void, or unenforceable, then the remaining provision or provisions will be binding on and enforceable by the parties.
- Time shall be of the essence so far as it relates to Your obligations under these Terms and Conditions.
- No waiver by Us of any breach of these Terms and Conditions will be a waiver of any other breach or subsequent breach.
- We may subcontract, delegate, or arrange for another person to perform part of the Services, provided that We remain responsible for the Services to the extent required by law.
- Any variation to these Terms and Conditions must be agreed by Us in writing.
- DEFINITIONS
- In these Terms and Conditions, unless the context otherwise requires:
- CCA means the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law in Schedule 2.
- Customer Goods means any goods, items, parts, components, materials, or other property supplied to Us by You or on Your behalf for the purpose of inspection, preparation, treatment, powder coating, storage, handling, transport, or other Services.
- Goods means Customer Goods and any other goods or materials supplied, treated, coated, handled, stored, transported, or otherwise dealt with by Us in connection with the Services.
- GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Prescribed Interest Rate means the 90-day Bank Accepted Bill Rate published by the Reserve Bank of Australia in the May preceding the start of each new financial year plus 8%.
- Services means all powder coating, preparation, pre-treatment, cleaning, stripping, blasting, masking, priming, curing, inspection, storage, handling, transport, packaging, advice, and other goods or services supplied or arranged by Us.
- We, Us and Our means Optimo Powder Coating Pty Ltd and includes Our successors and assigns.
- You and Your means You as customer, Your personal representatives, successors and permitted assigns and includes any servant, agent, partner, contractor, employee, or other person acting on Your behalf.
- Any agreement, warranty, representation, or obligation which binds or benefits 2 or more persons binds or benefits those persons jointly and severally.
- In these Terms and Conditions, unless the context otherwise requires:
