Terms and Conditions

1. Definitions

1.1 In these Terms, “SOLIDAL®” means Watermark International Pty Ltd trading as SOLIDAL®; “Customer” means the purchaser, subcontractor or other party ordering Products or Services from SOLIDAL®; “Products” means SOLIDAL® materials, sheets, modules, profiles, components and associated items; “Services” means any expressly agreed design, coordination or other services; “Contract” means the agreement comprising these Terms, the accepted quotation or supply submission, approved variations and applicable Special Conditions.

1.2 “Business Day” means a day other than a Saturday, Sunday or public holiday in the State or Territory applicable to the project. “Variation” means a change to the agreed scope, quantity, design, finish, programme, delivery, packaging, documentation or other requirement.

2. Application of These Terms

2.1 These Terms apply to all Products and Services supplied by SOLIDAL® and form part of every quotation, supply submission, order acknowledgement and supply contract.

2.2 These Terms also form part of the SOLIDAL® Terms & Conditions of Trade for credit account holders.

3. Contract Formation & Acceptance

3.1 The Customer is deemed to accept the Contract and these Terms upon the earliest of signing or accepting a SOLIDAL® quotation or submission, issuing a Purchase Order, providing written or email instruction to proceed, paying a deposit, or instructing SOLIDAL® to commence design, procurement or manufacture.

3.2 An email go-ahead and/or payment of a deposit constitutes acceptance of the SOLIDAL® supply contract and these Terms.

4. Order of Precedence

4.1 Unless expressly agreed otherwise in writing by SOLIDAL®, the order of precedence is: (a) Special Conditions expressly accepted by SOLIDAL®; (b) SOLIDAL® quotation or supply submission; (c) these Terms; (d) approved SOLIDAL® production drawings; and (e) the Customer’s Purchase Order.

4.2 Terms in a Customer purchase order, subcontract, head contract or other third-party document do not amend or override these Terms unless expressly accepted by SOLIDAL® in writing.

5. Quotations & Validity

5.1 Quotes are valid for fourteen (14) days from date of issue unless otherwise stated.

5.2 If acceptance or placement of an order occurs after the validity period, SOLIDAL® reserves the right to review and adjust pricing.

6. Contract Price & Provisional Quantities

6.1 Unless expressly stated otherwise, quoted quantities are indicative or provisional and are based on information available at the date of quotation.

6.2 Architectural coordination and production drawings may be required to ascertain the final scope, quantities, module sizes, non-standard modules, accessories and wastage.

6.3 Modules less than 1.0m² may be charged as 1.0m² per module.

7. Deposit & Commencement

7.1 A deposit of 30% of the total provisional contractor-estimated quantities is required unless otherwise stated in the quotation.

7.2 For the purpose of commencing the project, a provisional quantity or contract sum may be agreed between SOLIDAL® and the Customer.

7.3 Design drawings, procurement and production do not commence until the required deposit is received.

7.4 If the deposit is not received within fourteen (14) days from contract acceptance or submission, SOLIDAL® may reprice the project.

7.5 Deposit payment may also be required for order amendments and Variations.

8. Payment Terms

8.1 Subject to credit account approval, applicable Security of Payment legislation and unless otherwise agreed in the quotation or Special Conditions, the balance of 70% is payable on thirty (30) day terms, or such earlier period as may be required by applicable law, in accordance with the relevant invoice or agreed payment schedule.

8.2 SOLIDAL® is entitled to payment for Products supplied and Services performed in accordance with the agreed payment conditions.

8.3 Delay or failure of payment from a head contractor, builder, developer or other third party to the Customer does not justify overdue payment to SOLIDAL®.

8.4 All payments must be made in AUD unless otherwise agreed in writing.

9. Late Payment & Recovery Costs

9.1 Late payment fees may be charged at a rate of 2.5% per calendar month, calculated on the overdue amount for the period it remains unpaid, subject to applicable law.

9.2 All reasonable collection and recovery costs incurred in relation to arrears, including legal fees, debt collection agency fees and commissions, may be added to the outstanding amount to the extent permitted by law.

11. No Set-Off or Withholding

11.1 Except to the extent prohibited by law, the Customer must pay all undisputed amounts when due without set-off, withholding or deduction for an alleged defect, delay, back charge, counterclaim or other dispute unless SOLIDAL® has expressly agreed the deduction in writing.

11.2 Products supplied remain payable notwithstanding a claim relating to transit damage or alleged defects. SOLIDAL® will assist with assessment and remedy in accordance with the defect procedure in these Terms.

12. Suspension for Non-Payment

12.1 SOLIDAL® may suspend design, procurement, manufacture, coating, dispatch or further supply if any invoice is overdue.

12.2 SOLIDAL® may request COD or payment prior to dispatch for final production runs or deliveries.

12.3 Any suspension arising from non-payment entitles SOLIDAL® to a reasonable extension of time and recovery of reasonable recommencement costs.

13. Currency & Exchange Rate Adjustment

13.1 Prices are based on exchange rates prevailing at the date of quotation. Significant currency movements may affect the final cost of imported materials, components or services.

13.2 If the relevant exchange rate moves by more than 5% from the rate applicable at the time of quotation or order, SOLIDAL® may review and reasonably adjust the affected pricing, with the adjustment communicated to the Customer before final invoicing.

13.3 The Customer bears conversion fees and exchange-rate differences if payment is made in a currency other than AUD.

13.4 If a currency movement exceeding 5% materially affects the cost of fulfilling the Contract, either party may request pricing renegotiation. If agreement is not reached within ten (10) days, either party may terminate the affected unperformed scope, provided SOLIDAL® is paid for design completed, materials procured or committed, work performed and other reasonable committed costs.

14. Variations

14.1 A Variation includes any change to quantities, module dimensions, drawings, geometry, perforation, material thickness or alloy, coating, colour, packaging, delivery, production sequencing, programme, design services or other agreed requirements.

14.2 Changes after production or procurement has commenced are subject to material, design, manufacturing and programme variations as applicable.

14.3 SOLIDAL® is entitled to payment for additional Products or Services instructed or accepted by the Customer whether or not the head contractor has issued a Site Instruction to the Customer.

14.4 SOLIDAL® is not bound by contractual arrangements between the Customer and another party unless expressly accepted by SOLIDAL® in writing.

15. Cancellation & Termination

15.1 Products are generally project-specific and made or procured to order. The Customer may not cancel an accepted order without SOLIDAL®’s written agreement.

15.2 If the Customer terminates or cancels for reasons not attributable to SOLIDAL®’s material breach, the Customer must pay for design completed, raw materials ordered or committed, manufacturing or coating completed or commenced, packaging, supplier cancellation charges, storage and freight commitments, other reasonable project-specific costs and reasonable margin attributable to work performed.

15.3 SOLIDAL® will take reasonable steps to mitigate avoidable cancellation costs.

16. Customer Design Information

16.1 Where SOLIDAL® integrated design support is required, the Customer must provide all relevant elevations, plans, sections, set-out drawings and shop drawings in AutoCAD/DWG format where requested.

16.2 The Customer must provide the required 3D modulation, façade set-outs, panel labelling and mark-ups in suitable DWG or other agreed format.

16.3 The Customer is responsible for the accuracy, completeness and currency of all information supplied.

17. SOLIDAL® Integrated Design Support

17.1 Where expressly included, SOLIDAL® will support preparation of façade set-out drawings, production drawings and module schedules for SOLIDAL® Products only.

17.2 Integrated design support does not transfer responsibility for overall project design, coordination, site dimensions, cut-outs, penetrations, structure, interfaces or other trades to SOLIDAL®.

18. Design Scope & Exclusions

18.1 Unless expressly included, SOLIDAL® does not provide structural engineering, lateral wind design, dynamic façade analysis, building structural analysis, wind-induced noise analysis, vibration or oscillation analysis, natural-frequency analysis, fatigue analysis, blast analysis, site surveying, site measurement, construction-phase certification, as-built certification or post-construction services.

18.2 Additional design services outside the included allowance may be charged at SOLIDAL®’s standard rates. Indicative rates are Senior Designer $220/hour and Designer $155/hour unless otherwise quoted.

19. Three-Stage Design Approval Process

19.1 The design approval process is sequential. No stage is required to progress until the preceding stage has been formally approved by the Customer.

19.2 Two revisions per stage are included where SOLIDAL® Integrated Design Support forms part of the supply package, unless otherwise stated. Additional revisions are chargeable.

20. Set-Out Drawings

20.1 Stage 1 comprises set-out or panel layout drawings prepared by SOLIDAL® from the latest architectural and steel drawings supplied by the Customer.

20.2 The drawings are submitted to the Customer for review and approval. SOLIDAL® will not progress to Stage 2 until formal approval is received.

21. Production Drawings & Module Schedule

21.1 Stage 2 commences after approval of the set-out drawings. SOLIDAL® develops detailed production drawings and a module schedule for SOLIDAL® Products.

21.2 These documents are submitted to the Customer for review and approval. Production will not proceed to final release until this stage is approved.

22. Final Approval for Production

22.1 Stage 3 requires the Customer’s final approval of the set-out and production drawings.

22.2 Only after final approval and receipt of required deposit/payment will SOLIDAL® commence the applicable procurement and production process, unless otherwise agreed in writing between SOLIDAL® and the Customer.

22.3 Final approvals are the Customer’s responsibility, including verification of cut-outs, penetrations, dimensions and co-ordination with other trades.

23. Design Revisions & Additional Fees

23.1 Two design revisions are included for façade panel set-outs and production drawings where Integrated Design Support is included, unless otherwise stated.

23.2 Changes after site measurements are confirmed, changes to approved set-outs, engineering-driven specification changes, or changes beyond the original quoted information may incur additional design and material costs.

23.3 Additional fees will be based on SOLIDAL®’s applicable design rates.

24. RFIs & Document Control

24.1 RFIs and requests for amendments to SOLIDAL® drawings must be submitted directly to SOLIDAL® by email unless another process is expressly agreed.

24.2 SOLIDAL® is not responsible for delayed correspondence or document control where information is uploaded only to third-party platforms such as Aconex, Project Web or similar systems and has not been directly issued to SOLIDAL®.

24.3 RFIs, design changes and unresolved documentation may extend lead times. The Customer is responsible for seeking appropriate extensions of time under its own upstream contracts.

25. Incorrect, Incomplete or Superseded Information

25.1 If Revit, Tekla Structures, SketchUp or other model/drawing dimensions supplied by the Customer are incorrect and require revision to SOLIDAL® production drawings, SOLIDAL® is entitled to a design Variation, additional fees and a reasonable extension of time.

25.2 Incorrect, inaccurate, outdated or superseded drawings, schedules, models or mark-ups that require SOLIDAL® to undertake additional correction or coordination will incur additional fees.

25.3 If the Customer cannot provide documentation reasonably required to complete the included production drawing scope, additional work may be charged.

26. Engineering & Consultant Coordination

26.1 The Customer is responsible for coordinating the cladding scope with all relevant project consultants, including structural, hydraulic, mechanical, planning, building certification and wind engineering consultants.

26.2 If engineering outcomes require changes to the SOLIDAL® specification or drawings, additional design and material costs and programme impacts may apply.

27. Drawing Formats & Intellectual Property

27.1 Unless expressly agreed otherwise, SOLIDAL® production drawings are provided to the Customer in PDF format for review and sign-off. SOLIDAL® DWG/AutoCAD production files are not required to be released to the Customer, installer, subcontractor or head contractor.

27.2 All SOLIDAL® design drawings, concepts, proprietary systems, profiles, details, fabrication methods and documentation remain SOLIDAL® intellectual property or that of its licensors and are protected by applicable copyright and intellectual property law.

27.3 Project-specific drawings may only be used for the project for which they were prepared and must not be provided to another manufacturer for replication of SOLIDAL® Products without prior written consent.

28. Material Procurement

28.1 SOLIDAL® raw materials are procured based on approved SOLIDAL® production drawings unless otherwise agreed.

28.2 Procurement may commence after the required deposit, approvals and information have been received.

29. Material & Metallurgy Selection

29.1 Where a metallurgy, alloy, temper or material grade is specified and accepted by SOLIDAL®, procurement will be based on that requirement.

29.2 If metallurgy is not specified, SOLIDAL® may select an appropriate material based on its product requirements, manufacturing requirements and experience.

29.3 The Customer must advise SOLIDAL® before procurement of project-specific marine, corrosion, fire, structural, coating or other performance requirements.

30. Colour & Finish Approval

30.1 SOLIDAL® colour and finish samples must be formally approved before relevant fabrication/coating proceeds.

30.2 Finished Products are to be assessed against the approved control sample and applicable recognised tolerances.

30.3 Made-to-order powder coat or Wet Spray PVDF colours may incur additional charges.

31. Production Commencement

31.1 Production commences only after SOLIDAL® production drawings have been signed off by the Customer and the required deposit/payment has been received.

31.2 Any amendment after production commencement may constitute a Variation and affect materials, costs and programme.

32. Production Runs & Batch Manufacturing

32.1 Where practicable, production and metal forming of a project finish/colour should be completed as a coordinated project run in accordance with approved drawings.

32.2 Batch production and coating is not recommended and may increase handling, cost and lead time.

32.3 SOLIDAL® may manufacture and coat the full finish/colour run together to support consistency and production efficiency.

33. Manufacturing & Fabrication Tolerances

33.1 SOLIDAL® Products are fabricated metal products and are subject to reasonable manufacturing, forming, coating and material tolerances.

33.2 Formed aluminium may exhibit spring-back, metal memory and minor dimensional variation. Variation within applicable manufacturing tolerances does not constitute a defect.

34. Factory Quality Control & ITP

34.1 SOLIDAL® will undertake factory quality control in accordance with its applicable production procedures.

34.2 A factory-signed Inspection and Test Plan (ITP) will be provided on orders where applicable.

34.3 Factory QC does not remove the Customer’s obligation to inspect Products following delivery and before installation.

35. Samples, Testing & Mock-Ups

35.1 Where a proposed Product configuration, perforation, geometry, finish or forming arrangement has not previously been manufactured or tested, SOLIDAL® may recommend sample testing or a full-size mock-up. It is the Customer’s responsibility to undertake and approve full-size visual mock-ups prior to production.

35.2 Where the Customer elects to proceed without recommended testing, SOLIDAL® cannot accept responsibility for the feasibility or visual outcome of an untested configuration beyond its ordinary manufacturing obligations.

36. Lead Times

36.1 Indicative lead time is generally 65–75 days from final signed-off production drawings and receipt of the required deposit/payment, unless otherwise stated in the quotation.

36.2 Lead times may be affected by Australian, Chinese, European and other relevant public holidays, production capacity, material availability, coating availability, shipping and other project conditions.

37. Programme & Extensions of Time

37.1 SOLIDAL® will use reasonable endeavours to meet the stated programme; manufacturing, shipping, arrival and delivery dates are estimates unless expressly guaranteed in writing.

37.2 Incorrect client dimensions, RFIs, design changes, late approvals, incomplete information, unpaid invoices, Variations and other Customer-caused delays entitle SOLIDAL® to a reasonable extension of time and, where applicable, additional costs.

38. Force Majeure

38.1 Neither party is liable for delay or failure to perform an obligation, other than payment of money already due, where performance is prevented or materially affected by an event beyond its reasonable control.

38.2 Such events may include pandemic, natural disaster, fire, flood, war, civil disturbance, government action, industrial action, port closure or congestion, shipping interruption, transport disruption, import/export restriction and widespread material shortages.

38.3 The affected party is entitled to a reasonable extension of time for the period reasonably affected.

39. Freight & Delivery

39.1 Freight and delivery are limited to the allowances expressly stated in the quotation.

39.2 SOLIDAL® does not deliver shipping containers to Customer yards unless expressly agreed.

39.3 Airfreight and deliveries outside the stated allowance are excluded unless expressly included.

40. Standard Delivery Allowance

40.1 Unless otherwise stated, one metro-city delivery is included as a one-time service. Deliveries to other locations, additional drops or redeliveries are chargeable.

40.2 Any change to the delivery address may result in additional charges and programme impacts.

41. Packaging & Crating

41.1 SOLIDAL® will crate and package Products according to the most efficient production, protection and space-utilisation process as determined by the factory manager.

41.2 Standard packaging is not required to follow elevation, installation sequence or Customer-preferred grouping unless expressly included.

42. Custom Crating & Delivery Sequencing

42.1 Any Customer instruction concerning special packaging, preferred elevations, areas, sequencing, colour grouping, size grouping, weight grouping or other customised crating will be treated as custom packaging and delivery and may incur additional costs and lead-time impacts.

43. Customer Unloading Responsibilities

43.1 The Customer is responsible for unloading crates from the delivery truck using suitable machinery, labour and safe unloading procedures.

43.2 The Customer must ensure suitable site access and unloading resources are available at the agreed delivery time.

43.3 If a crane truck or other specialised delivery vehicle is required, the Customer must notify SOLIDAL® in writing at least seven (7) days prior to the scheduled delivery. Any additional costs associated with specialised delivery or unloading requirements will be charged to the Customer.

44. Failed & Redelivery

44.1 If the Customer is unavailable or unable to accept delivery, the truck may be returned to depot and redelivery charges will apply.

44.2 Additional redelivery charges may be required to be paid in advance.

45. Delivery Address Changes

45.1 Changes to delivery addresses, site hold-ups, restricted access or other Customer/site-caused delivery changes are subject to additional charges and may affect lead times.

46. Shipping & Transport Delays

46.1 Subject to applicable law, SOLIDAL® is not responsible for shipping, vessel, port, customs, quarantine or transport delays outside its reasonable control.

46.2 Such delays entitle SOLIDAL® to a reasonable extension of time.

47. Storage Charges

47.1 If the Customer is not in a position to take delivery when Products are ready, SOLIDAL® may store the Products at the Customer’s risk and cost.

47.2 Unless otherwise agreed, storage is charged at $195 per crate per week plus reasonable additional transport, handling or third-party storage costs.

48. Risk & Transit Damage

48.1 Transit damage is to be distinguished from manufacturing defects and must be notified immediately with photographs and delivery documentation.

48.2 The Customer must pay for Products in accordance with the agreed payment terms notwithstanding a transit damage claim, subject to statutory rights. SOLIDAL® will reasonably assist in assessing and remedying the issue.

49. Damaged Crates

49.1 The Customer must inspect crates immediately upon delivery for visible damage.

49.2 Visible crate damage must be photographed and recorded on delivery documentation before acceptance. Acceptance of visibly damaged crates without qualification may prejudice a later claim for concealed transit damage attributable to that visible damage.

50. Product Inspection

50.1 All Products must be inspected on the ground before installation, including finish, colour, module identification, dimensions, machining and visible damage where applicable.

50.2 Inspection may require removal or partial removal of protective film. Re-application of film or suitable protection after inspection is recommended.

51. Five-Day Inspection Period

51.1 Products must be inspected within five (5) Business Days of delivery and any visible or reasonably discoverable alleged defect must be notified within that period.

51.2 A latent defect not reasonably discoverable during that inspection period must be notified promptly after discovery.

51.3 Nothing in this clause excludes rights that cannot lawfully be excluded.

52. Module Identification & Dimensional Checks

52.1 All SOLIDAL® modules must be cross-checked against their labels before installation.

52.2 Where dimensional verification is required, module width and length are to be measured at both ends and at the midpoint.

52.3 SOLIDAL® is not responsible for costs arising from incorrect positioning, machining or installation where the discrepancy was reasonably identifiable through required pre-installation checks.

53. Defect Notification

53.1 Any alleged defect must be reported to SOLIDAL® with photographs, module/panel identification number, colour/finish, affected quantity, description of the issue and other reasonably requested information.

53.2 Notification must be made immediately on identification and within the applicable claims period.

54. SOLIDAL® Defect Report

54.1 The Customer must complete and submit the SOLIDAL® Defect Report where requested. Claims cannot reasonably be processed until sufficient information has been provided to identify and assess the affected Products.

54.2 The current SOLIDAL® defect reporting process and contact details may be published on the SOLIDAL® website or otherwise supplied to the Customer.

56. SOLIDAL® First Right to Inspect & Rectify

56.1 SOLIDAL® must be provided the first reasonable opportunity to inspect, repair, replace or otherwise rectify Products alleged to be defective.

56.2 The Customer must not undertake, authorise or engage another party to undertake rectification, rework, removal, replacement or remedial work without first notifying SOLIDAL®, providing supporting information and allowing SOLIDAL® a reasonable opportunity to inspect and propose an appropriate remedy.

56.3 This requirement does not apply where immediate action is reasonably necessary to prevent an imminent safety risk or further physical damage, provided SOLIDAL® is notified as soon as practicable.

57. Back Charges & Third-Party Rectification

57.1 Except to the extent required by law, SOLIDAL® will not be liable for any back charge or third-party rectification cost unless SOLIDAL® has first been provided with a reasonable opportunity to inspect and assess the alleged issue and, where appropriate, to repair, replace or otherwise rectify the affected Products.

57.2 SOLIDAL® will not accept unauthorised rectification, third-party labour, removal/reinstallation, crane, scaffold/EWP, plant, storage, demobilisation, remobilisation, acceleration, delay or other project costs unless SOLIDAL® has expressly approved the proposed cost in writing before it is incurred.

57.3 A Customer that elects to undertake or authorise rectification of an alleged defect without following the agreed defect procedure does so at its own commercial risk, except where immediate action is reasonably necessary to prevent an imminent safety risk or further physical damage.

58. Installation of Allegedly Defective Products

58.1 Installation of a Product constitutes acceptance of defects that were reasonably identifiable through the required pre-installation inspection.

58.2 If a Product with an obvious or reasonably identifiable alleged defect is installed without first notifying SOLIDAL®, reasonable removal and reinstallation costs arising from that decision are the Customer’s responsibility, except to the extent otherwise required by law.

58.3 Installation does not waive a claim for a latent defect that could not reasonably have been identified beforehand.

59. Removal & Reinstallation Costs

59.1 Subject to applicable law, SOLIDAL® is not responsible for labour or access costs to remove and reinstall Products that were approved or installed despite defects reasonably identifiable before installation.

59.2 Any agreed removal/reinstallation contribution must be expressly approved by SOLIDAL® in writing.

60. Site Damage, Handling & Protection

60.1 Following delivery, the Customer and installation contractor are responsible for suitable storage, handling, protection and installation.

60.2 SOLIDAL® is not responsible for damage caused by incorrect handling, poor site protection, impact, other trades, incorrect lifting, inappropriate storage, installation handling or site modification not undertaken in accordance with SOLIDAL® requirements.

61. Touch-Up & Site Repair

61.1 SOLIDAL® may provide touch-up paints, including Wet Spray coating in spray-can form where available, at additional cost.

61.2 Installation contractors/Customers are responsible for touching up scratches or damage caused during site handling or installation. SOLIDAL® may provide a touch-up methodology document.

62. Colour & Finish Claims

62.1 Colour and finish must be inspected on the ground against the approved control sample before installation.

62.2 Colour variation must fall outside the applicable approved or recognised upper/lower tolerance limits before replacement is considered solely on the basis of colour discrepancy.

62.3 Any assessment is subject to the relevant Product, finish specification and applicable legal requirements.

63. Standard & Non-Standard Modules

63.1 Standard modules are rectangular modules of standard size and geometry within the applicable SOLIDAL® proprietary product range.

63.2 Non-standard modules include raked, radius-cut, curved-in-plan, corner and other modules outside standard product geometry or size. Additional charges may apply for machining, wastage, coating, crating, packaging and delivery.

64. Standard Sheet Sizes

64.1 Standard sheet width is generally 1500mm unless otherwise stated. Non-standard widths up to approximately 2100mm may be available subject to material availability, manufacturing capability and additional charges.

65. Wastage

65.1 Unless otherwise stated, wastage is excluded from SOLIDAL® CMC and Smartfix® orders.

65.2 Reasonable manufacturing wastage is included for standard PMP® and TEGO® modules.

65.3 Non-standard geometry may result in additional wastage and charges.

66. Small Quantity & Non-Bulk Orders

66.1 Additional SOLIDAL® sheets, replacement materials and small-quantity orders may be charged at applicable non-bulk rates.

66.2 Small-quantity setup fees may apply where identified in the quotation or where additional production setup is reasonably required.

67. TEGO® Product Conditions

67.1 Standard TEGO® modules are rectangular modules within the standard TEGO® product range and manufacturing limits.

67.2 Non-standard TEGO® modules include raked modules, radius-cut modules, curved-in-plan modules, corner modules, modules above standard 4000mm length where applicable, and modules outside standard TEGO® shape and size.

67.3 Non-standard TEGO® modules may incur additional charges due to increased machining, wastage, crating, packaging and delivery.

67.4 SOLIDAL® is not responsible for TEGO® damage caused onsite by incorrect handling, poor protection, inappropriate storage or installation practices.

68. PMP® Product Conditions

68.1 Standard PMP® modules are rectangular modules within the standard PMP® product range and manufacturing limits.

68.2 Non-standard PMP® modules include raked, radius-cut, curved-in-plan, corner and other modules outside standard PMP® shape and size and may incur additional machining, wastage, crating, packaging and delivery charges.

68.3 SOLIDAL® is not responsible for PMP® damage caused onsite by incorrect handling, poor protection, inappropriate storage or installation practices.

69. PMP® Metal Memory & Fabrication Tolerances

69.1 PMP® Series screens are metal formed using large press-brake machinery. The Customer acknowledges that metal memory, spring-back and reasonable fabrication tolerances are inherent characteristics of the forming process.

69.2 Reasonable variation arising from those characteristics does not constitute a defect.

70. PMP® Fixing, Stitching & Overlap

70.1 Depending on geometry and project requirements, alignment and tolerance management may require stitching of panels, fixing brackets, overlap of panels or other project-specific fixing strategies.

70.2 SOLIDAL® must be advised of the selected strategy in the Purchase Order or before the drawing stage commences where it affects SOLIDAL® design or manufacture.

71. PMP® Sample/Folding Testing

71.1 SOLIDAL® accepts no responsibility for the feasibility of main production of an untested PMP® configuration where prior sample testing or a full-size mock-up has been recommended and declined.

71.2 SOLIDAL® reserves the right to reasonably adjust the perforation pattern following a folding/forming test where required for manufacturability, subject to Customer approval where a change materially affects architectural appearance or performance.

72. Smartfix® Product Conditions

72.1 Custom Smartfix® extrusions outside proprietary systems incur additional costs.

72.2 Unless otherwise quoted, Smartfix® extrusion allowance is two (2) linear metres per one (1) square metre.

72.3 Weep-hole cutting is to be undertaken by the installation contractor onsite unless otherwise agreed.

72.4 For Smartfix® orders above 500m², one cutting blade for Smartfix® edge routing may be allowed where stated; otherwise fees apply.

72.5 Cutting fluid is excluded unless expressly included.

73. CMC Product Conditions

73.1 CMC orders are subject to the quoted module geometry, finish, fabrication, crating and delivery scope.

73.2 Unless expressly stated otherwise, material wastage, non-standard pre-curving, special accessories, site installation and non-standard finishes are excluded and may be priced separately.

74. Standard Supply Exclusions

74.1 Unless expressly included, items outside the proposed rates are excluded, including installation, site surveying and measurement, pre-curved sheets, non-standard Smartfix® requirements, wastage where stated as excluded, finishes other than quoted, small-quantity setup, main frame, sub-frame, vapour barrier, waterproofing flashings, fixings and accessories, third-party meetings, consultant coordination, customised packaging, airfreight, coating to both sides, engineering, dynamic analysis, building-structure analysis, construction/post-construction services, as-built certification, contingency sheets, non-standard perforated panels, deliveries outside allowance and design outside the included allowance.

75. Installation Exclusion

75.1 Installation is excluded unless expressly included in the quotation.

75.2 SOLIDAL® is not responsible for loss, damage, defect, non-conformance or additional cost caused or contributed to by incorrect storage, handling, lifting, support, alignment, fixing, installation, site cutting, site modification or protection by the Customer, installer or any third party. Modules must be QC checked and approved by the installer before handling and installation

76. Site Survey & Measurement

76.1 Site surveying and site measurement are excluded unless expressly included.

76.2 The Customer is responsible for verifying site dimensions and advising SOLIDAL® of relevant confirmed dimensions before production where required.

77. Structural & Façade Engineering Exclusions

77.1 Unless expressly included, all structural engineering, lateral wind design and engineering of supporting building structures, main frames, subframes, fixings and interfaces are excluded.

78. Dynamic Analysis Exclusion

78.1 Dynamic analysis of the façade is excluded unless expressly included. This includes advice or analysis concerning wind-induced noise, vibration, oscillation, façade natural frequency, fatigue, blast and related dynamic behaviour.

79. Consultant & Third-Party Coordination

79.1 Coordination and discussions with consultants are the Customer’s responsibility unless expressly included.

79.2 If SOLIDAL® participation is requested, additional fees and travel costs may apply.

80. Site Meetings & Travel

80.1 All out-of-Sydney, interstate or overseas trips and services are excluded unless expressly included and will be priced separately.

80.2 Meetings with third parties, head contractors, subcontractors, consultants or design teams are excluded unless expressly included.

81. Customer Communication Responsibilities

81.1 The Customer must allocate appropriate resources to communicate programme, design, Variations, additional scope, approvals and costing between the head contractor, subcontractor and SOLIDAL®.

81.2 It is the Customer’s responsibility to attend upstream project meetings and separately relay relevant information to SOLIDAL®.

82. Head Contract & Third-Party Contracts

82.1 SOLIDAL® is a Product supplier, manufacturer, and/or provider of expressly agreed Services and is not bound by a head contract, subcontract, consultant agreement or other third-party contract unless SOLIDAL® expressly accepts the relevant obligation in writing.

82.2 The Customer must not impose third-party programme obligations, liquidated damages, indemnities or other liabilities on SOLIDAL® that SOLIDAL® has not expressly accepted.

83. Product Warranty

83.1 SOLIDAL® warranties apply subject to the applicable written warranty terms issued for the relevant Product and coating system and all rights that cannot lawfully be excluded.

83.2 Warranty obligations are subject to compliance with inspection, handling, installation, maintenance and other applicable Product requirements to the extent permitted by law. Failure to make payment does not extinguish any statutory right that cannot lawfully be excluded; however, SOLIDAL® may separately exercise its contractual and statutory rights in relation to overdue amounts

84. Warranty Conditions & Exclusions

84.1 To the extent permitted by law, warranty coverage may be affected where a failure is caused or contributed to by incorrect storage, incorrect handling, installation damage, unauthorised modification, inappropriate site cutting, third-party rectification, inappropriate cleaning, incompatible materials, inadequate maintenance or failure to follow reasonable SOLIDAL® instructions.

84.2 Unauthorised third-party rectification may affect warranty coverage only to the extent the third-party work caused, contributed to or prevents proper assessment of the relevant failure.

85. Limitation of Liability

85.1 Nothing in these Terms excludes, restricts or modifies a right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.

85.2 To the maximum extent permitted by law, SOLIDAL®’s liability is limited to loss directly attributable to SOLIDAL®’s breach and does not extend to loss caused or contributed to by Customer or third-party acts, omissions, installation methods, unauthorised rectification or failure to follow reasonable instructions.

85.3 Any aggregate liability cap should be stated in the applicable quotation, supply agreement or Special Conditions following legal review.

86. Consequential Loss

86.1 To the maximum extent permitted by law, SOLIDAL® is not liable for indirect, special or consequential loss, including loss of profit, revenue, opportunity, use or production, except where such exclusion is prohibited by law.

87. Delay, Liquidated Damages & Third-Party Costs

87.1 SOLIDAL® is not liable for liquidated damages, project-wide delay damages, demobilisation/remobilisation, acceleration costs or other liabilities imposed on the Customer under another contract unless SOLIDAL® expressly accepted that liability in writing.

87.2 This clause is subject to applicable law and the specific obligations expressly accepted by SOLIDAL® under the Contract.

88. Intellectual Property

88.1 All intellectual property in SOLIDAL® proprietary products, systems, profiles, details, drawings, fabrication methods and documentation remains the property of SOLIDAL® or its licensors.

88.2 The Customer must not reproduce, reverse engineer, manufacture or provide proprietary SOLIDAL® designs or documentation to another manufacturer for replication without prior written consent.

89. Confidentiality

89.1 Each party must keep confidential commercially sensitive information received from the other party and use it only for the purposes of the Contract, except where disclosure is required by law, to professional advisers, or for proper project administration.

89.2 This clause does not apply to information already lawfully public or independently known without confidentiality obligation.

90. Dispute Resolution

90.1 A party claiming a dispute must notify the other party of the nature of the dispute. Authorised representatives will first use reasonable endeavours to resolve it through good-faith commercial discussions.

90.2 Nothing prevents either party from exercising urgent legal rights, statutory security of payment rights or rights relating to unpaid amounts.

91. Governing Law

91.1 Unless otherwise agreed in writing, these Terms are governed by the laws of New South Wales, Australia.

91.2 The parties submit to the jurisdiction of the courts and tribunals of New South Wales and applicable Commonwealth courts, subject to any mandatory law applying to the project.

92. Severability

92.1 If a provision is invalid or unenforceable, it will be read down to the extent legally possible and, if it cannot be read down, severed without affecting the remaining provisions.

93. Waiver

93.1 A failure or delay by SOLIDAL® to exercise a right does not constitute a waiver. A waiver is effective only if given in writing by an authorised representative and only for the specific matter stated.

94. Entire Agreement

94.1 The Contract comprises these Terms, the applicable SOLIDAL® quotation or supply submission, accepted Variations, approved production documentation and Special Conditions expressly agreed by SOLIDAL®.

94.2 No amendment or departure from the Contract is effective unless agreed in writing by an authorised SOLIDAL® representative.

95. Notices

95.1 Contract notices, approvals, RFIs and instructions to SOLIDAL® must be sent to the email address or contact nominated in the quotation, supply submission or project correspondence.

95.2 Information uploaded solely to a third-party project platform is not deemed received by SOLIDAL® unless SOLIDAL® has expressly agreed to use that platform for formal notices.

96. Title & Ownership

96.1 Legal and beneficial title to Products does not pass to the Customer until SOLIDAL® has received payment in full for those Products and all amounts then due and payable under the relevant Contract.

96.2 Risk may pass separately in accordance with the delivery provisions and does not determine ownership.

96.3 Until title passes, the Customer must identify and hold the Products as SOLIDAL® Products and must not grant any security interest over, dispose of, alter or part with possession of the Products except in the ordinary course of an expressly authorised installation or resale arrangement.

96.4 SOLIDAL® reserves all rights available under the Personal Property Securities Act 2009 (Cth), including rights relating to registration, enforcement and recovery of Products or proceeds to the extent permitted by law.

97. Payment Prior to Onward Project Delivery

97.1 Where the quotation, payment schedule or Special Conditions require payment prior to project delivery, once the Products have arrived at the nominated destination port, depot, warehouse or holding facility, the applicable outstanding payment must be received before SOLIDAL® is required to release the Products for onward delivery to the project site.

97.2 Any contrary arrangement must be expressly agreed by SOLIDAL® in writing.