Beesure Trade Terms and Conditions

Terms of Sale and Service

Effective 14 September 2026

Important: These Terms form part of every accepted quotation, work order and supply by Beesure. Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.

1. Definitions and Application

1.1 Definitions

In these Terms:

• ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth);
• Beesure means Beesure Pneumatics & Refrigeration Pty Ltd (ABN 82 693 352 493);
• Contract means the agreement described in clause 2;
• Customer means the person or entity purchasing Goods or Services from Beesure;
• Goods means equipment, products, parts, consumables and materials supplied by Beesure;
• PPSA means the Personal Property Securities Act 2009 (Cth);
• Quotation means a quotation, proposal or estimate issued by Beesure;
• Services means installation, commissioning, servicing, maintenance, repairs, inspections, testing, certification, consultancy and related services; and
• Site means the place where Goods are delivered or Services are performed.

1.2 Application

These Terms apply to every supply of Goods or Services by Beesure unless Beesure expressly agrees otherwise in writing. They form part of each Contract and prevail over inconsistent terms proposed by the Customer, including terms in a purchase order or procurement portal, unless Beesure expressly accepts those terms in writing.

1.3 Interpretation

Headings do not affect interpretation; the singular includes the plural and vice versa; including means including without limitation; and a reference to legislation includes its amendments and replacements. If a provision is invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue.

2. Quotations, Orders and Contract Formation

2.1 Quotations

Unless stated otherwise, a Quotation is valid for 30 days and is based on the information, specifications, access conditions and assumptions available when issued. Beesure may withdraw or amend a Quotation before acceptance. Prices exclude GST unless stated otherwise.

2.2 Cost Changes

Non-standard, imported or specially procured Goods may be affected by supplier pricing, freight, exchange-rate, duty or regulatory cost changes before Beesure accepts or places the order. Beesure will notify the Customer of a material price change before proceeding.

2.3 Contract Formation

A Contract is formed when Beesure accepts a purchase order or other instruction, confirms acceptance of an accepted Quotation, commences supply at the Customer’s request, or the Customer accepts delivery. The accepted Quotation, any accepted work or purchase order, approved variations and these Terms comprise the Contract. Beesure is not bound by a purchase order until it accepts it.

2.4 Acceptance and Authority

The Customer may accept a Quotation or authorise supply in writing, by email, electronic signature, text message, telephone or verbal instruction, by issuing a purchase order, by paying a deposit, by accepting delivery, or by permitting Beesure to commence or continue work. Beesure may rely on acceptance or instructions from a director, employee, representative, site contact or other person who reasonably appears authorised to act for the Customer.

2.5 Scope Exclusions and Reliance

Beesure’s obligations are limited to the Goods and Services expressly included in the Contract. Unless specifically included, civil, structural, plumbing, electrical, builder’s or engineering works, permits, hazardous-material removal, freight, cranage, lifting, traffic management, access equipment and work by other trades are excluded. Beesure may rely on information provided by the Customer. Nothing in this clause excludes liability for misleading or deceptive conduct or other liability that cannot lawfully be excluded.

2.6 Variations

Changes to scope, quantities, specifications, Site conditions, access requirements or Customer instructions may constitute a variation. Beesure will, where reasonably practicable, obtain approval before performing a material variation and may adjust the price and completion time. If immediate work is reasonably necessary to protect people or property or prevent further equipment damage, Beesure may perform that work and charge its reasonable cost.

2.7 Confidential Quotations

Quotations, designs, drawings, calculations and technical documents prepared by Beesure remain Beesure’s confidential information and intellectual property. The Customer must not provide them to a third party to obtain a competing quotation without Beesure’s written consent, except where disclosure is required by law or reasonably required for internal procurement approval.

3. Pricing, Rates and Payment

3.1 Rates and Charges

• Standard working hours are 7:30 am to 4:00 pm Monday to Friday, excluding public holidays.
• Work outside standard hours may be charged at the applicable overtime or call-out rate.
• Travel time, kilometres, accommodation, freight, parking, permits and reasonable out-of-pocket costs are chargeable unless expressly included.
• Parts and materials are charged at supplier cost plus Beesure’s applicable margin unless a fixed price is quoted.
• Hidden faults, contamination, non-compliant installations, additional labour, repeat attendance and delays outside Beesure’s reasonable control are chargeable.

3.2 Payment Terms

Unless otherwise agreed in writing, payment is due 14 days from the invoice date. Beesure may require cash on delivery, payment before delivery or collection, or payment immediately on completion. Time for payment is of the essence.

3.3 Deposits and Progress Invoices

Beesure may require a deposit or full payment in advance for special-order, imported, manufactured, high-value or project Goods. Beesure may issue separate, progress or milestone invoices for Goods, Services, freight and variations. A deposit is applied to the Contract price and is not automatically refundable; cancellation is governed by clause 10.

3.4 Overdue Amounts

Overdue amounts accrue interest daily at 10% per annum from the due date until paid. The Customer must reimburse Beesure for reasonable debt-recovery costs actually incurred because of the Customer’s payment default, including reasonable legal, court and debt-collection costs. Subject to applicable law, Beesure may suspend further supply while an undisputed amount remains overdue, after reasonable notice where practicable.

3.5 Invoice Disputes

The Customer should notify Beesure promptly of any genuine invoice dispute and must pay the undisputed portion by the due date. Failure to dispute an invoice within 14 days does not remove any right that cannot lawfully be excluded.

3.6 No Pay When Paid

Where Beesure performs work as a subcontractor, the Customer’s obligation to pay Beesure is not conditional on the Customer being paid by a principal, head contractor or another person, unless Beesure expressly agrees otherwise in writing and the arrangement is lawful.

4. Delivery, Risk and Storage

4.1 Delivery and Timing

Unless otherwise agreed, freight is payable by the Customer. Beesure may arrange carriage on the Customer’s behalf. Delivery and completion dates are estimates and Beesure will use reasonable endeavours to meet them. Goods may be delivered before installation or commissioning.

4.2 Risk

Risk in Goods passes to the Customer on delivery to the Customer, collection by the Customer, or collection by the Customer’s nominated carrier, whichever occurs first. If Beesure stores Goods at the Customer’s request after they are ready, risk passes when the Goods are set aside and the Customer is notified. The Customer is responsible for insuring Goods from the time risk passes.

4.3 Inspection

The Customer should inspect Goods promptly and notify Beesure within 7 days of any visible shortage, transit damage, incorrect Goods or delivery error so Beesure can investigate. This notification period does not limit rights under the ACL or other applicable law.

4.4 Storage and Delay

If delivery, collection or further work is delayed at the Customer’s request or because the Customer has not provided reasonable instructions, access or facilities, Beesure may charge reasonable storage, handling, standby and re-attendance costs actually incurred.

5. Retention of Title and PPSA

5.1 Retention of Title

Title to Goods supplied by Beesure does not pass to the Customer until Beesure has received payment in full of all amounts then due and payable by the Customer to Beesure. Until title passes, the Customer holds the Goods as bailee for Beesure, must keep them identifiable and in good condition where reasonably practicable, and must not create or permit a security interest over them that prejudices Beesure’s interest.

5.2 Resale and Proceeds

Before title passes, the Customer may resell Goods in the ordinary course of business. To the extent permitted by law, the Customer must account to Beesure from identifiable proceeds of sale for the unpaid amount owing for those Goods.

5.3 Recovery

If an undisputed payment is overdue or an insolvency event occurs, Beesure may, to the extent permitted by law and after reasonable notice where practicable, recover Goods in which it retains title. The Customer must provide reasonable assistance and lawful access. Beesure will take reasonable care when exercising any recovery right.

5.4 PPSA Security Interest

The Customer acknowledges that these Terms constitute a security agreement and that Beesure has a security interest in Goods supplied by Beesure and their proceeds, including a purchase money security interest to the extent permitted by the PPSA. The Customer authorises Beesure to register, maintain and amend financing statements reasonably required to protect that interest and must promptly provide information and assistance reasonably requested for that purpose.

5.5 PPSA Notices and Costs

To the extent permitted by the PPSA, the Customer waives the right to receive a verification statement or other notice that may lawfully be waived. The Customer must reimburse Beesure for reasonable PPSR registration and enforcement costs incurred because of the Customer’s default. Nothing in this clause excludes a right that cannot lawfully be excluded.

6. Site Work, Installation, Service and Repairs

6.1 Customer Responsibilities

The Customer must provide safe and timely access to the Site and equipment, disclose known hazards, and provide available operating information, drawings, service history, inductions, permits and approvals. Unless included in the Contract, the Customer is responsible for ensuring required utilities, shutdowns, isolations, access equipment and other trades are available when needed.

6.2 Safety

Beesure may stop or refuse work where its personnel reasonably consider the Site, equipment, electrical isolation, pressure system or proposed work unsafe or non-compliant. Beesure will notify the Customer where practicable. If the unsafe condition, lack of access or delay is within the Customer’s control, reasonable additional attendance, delay or standby costs may be charged.

6.3 Existing and Customer-Supplied Equipment

Beesure is not responsible for pre-existing defects or failures in equipment not supplied by Beesure, or faults caused by age, prior repairs or modifications, corrosion, contamination, misuse, fair wear and tear, voltage or supply issues, non-compliant installation or inadequate maintenance, except to the extent Beesure causes or contributes to the loss by its own breach, negligence or unlawful conduct.

6.4 Dismantling

When existing equipment is dismantled for inspection or repair, deterioration or hidden damage may prevent successful reassembly or reliable operation. Beesure is not responsible for later failure of worn, damaged or deteriorated components that the Customer did not authorise Beesure to replace, except to the extent Beesure causes or contributes to the failure.

6.5 Diagnostics and Additional Repairs

Diagnostic work is performed with reasonable care and skill but may not reveal every fault during the initial inspection. Dismantling, testing or operation may reveal additional defects. Beesure will seek approval before material additional work where reasonably practicable. The Customer remains liable for authorised diagnostic, inspection and repair work completed even if the equipment is ultimately uneconomical or impractical to repair.

6.6 Commissioning and Completion

Where included, Beesure will perform reasonable commissioning and operational checks. Services are complete when the agreed work has been substantially performed and the equipment is available for its intended use, despite minor items that do not materially affect operation. Use of equipment does not waive a genuine defect or warranty claim.

6.7 Subcontractors

Beesure may use suitably qualified subcontractors to perform Services and remains responsible for its obligations under the Contract to the extent required by law. Beesure’s responsibility as a subcontractor is limited to its agreed scope and does not extend to system design, engineering certification, upstream specifications or the work of others unless expressly included.

7. Customer Operation and Recommendations

7.1 Operation and Maintenance

The Customer is responsible for operating and maintaining equipment in accordance with manufacturer instructions, applicable law and reasonable industry practice after Beesure’s work. The Customer must not continue operating equipment after becoming aware of a fault, leak, abnormal noise, unsafe condition or warning that may cause injury or further damage.

7.2 Recommendations and Declined Work

Beesure may identify recommended repairs, maintenance or compliance work outside the agreed scope. Unless the Customer authorises that work, responsibility for deciding whether and when to proceed remains with the Customer. Beesure is not responsible for loss caused by a known issue that the Customer elects not to rectify, except to the extent Beesure causes or contributes to the loss.

8. Testing, Inspection and Pressure Vessel Services

8.1 Scope and Timing of Results

Any inspection, pressure relief valve testing, air-quality or breathing-air testing, calibration, commissioning report or certification is limited to the equipment, sample and scope identified in the Contract. A report or certificate records the observed condition or result at the time of testing and does not guarantee future condition, service life, performance or continuing compliance.

8.2 Pressure Vessel Limitations

Unless expressly engaged in writing, Beesure does not provide pressure-vessel design certification, engineering approval, hazard-level design verification or statutory plant registration. When performing an in-service inspection, Beesure acts as a competent person within the agreed scope and applicable standards and provides an inspection opinion based on conditions reasonably observable and tests performed at the time.

8.3 Owner Responsibilities

Responsibility for plant registration, statutory compliance, safe operating procedures, ongoing safe operation, maintenance and re-inspection remains with the asset owner. The Customer must provide accurate vessel information, safe access and any required preparation. Results may be affected by later corrosion, contamination, adjustment, modification, operating conditions or work by others.

9. Warranties and Australian Consumer Law

9.1 Rights Preserved

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the ACL or any other law. Consumer guarantees may continue for a reasonable period after an express warranty has expired.

9.2 Manufacturer Warranties

Where Goods are supplied with a manufacturer’s warranty, that warranty is subject to the manufacturer’s terms, periods, maintenance requirements and exclusions. Beesure will provide reasonable assistance with a valid manufacturer warranty claim. The manufacturer’s warranty is additional to and does not replace any rights the Customer has against Beesure that cannot lawfully be excluded.

9.3 Beesure Workmanship Warranty

In addition to non-excludable legal rights, Beesure warrants the specific workmanship performed by Beesure for 30 days from completion of the relevant Services. The Customer should notify Beesure as soon as reasonably practicable, provide the invoice or job number and equipment details, and give Beesure a reasonable opportunity to inspect before another person performs rectification work. If Beesure accepts the claim, it will rectify the defective workmanship or re-perform the affected Services within a reasonable time at no additional labour charge.

9.4 Workmanship Warranty Exclusions

The 30-day workmanship warranty does not cover equipment or components not worked on by Beesure, or defects caused by misuse, accidental damage, fair wear and tear, corrosion, contamination, inadequate maintenance, voltage or supply issues, operation contrary to manufacturer instructions, operation outside design parameters, non-OEM parts fitted by others, or later modifications or repairs by others, except to the extent those matters do not legally affect the Customer’s ACL rights.

9.5 Claim Expenses

Beesure bears the reasonable cost of rectifying an accepted workmanship warranty claim. Transport, freight, removal, reinstallation and attendance expenses for manufacturer warranty claims are allocated in accordance with applicable law, the manufacturer’s warranty and any reasonable agreement with the Customer.

10. Returns, Cancellation and Special Orders

10.1 Change of Mind and Incorrect Orders

Beesure is not required to accept a return because the Customer changes its mind or orders incorrectly. If Beesure agrees to a return, Goods must be unused, undamaged and saleable and may be subject to a reasonable restocking fee of up to 25% to reflect actual supplier, freight, handling and administration costs. Return freight is payable by the Customer unless Beesure agrees otherwise. This clause does not apply where the Customer has a statutory right to return or reject Goods.

10.2 Special-Order Goods

Specially manufactured, modified, imported or non-stock Goods are not cancellable or returnable after Beesure has committed to its supplier, except where required by law or agreed in writing. If Beesure accepts cancellation, the Customer must pay reasonable non-recoverable costs actually incurred by Beesure. Beesure may apply any deposit against those costs and will refund any balance owing to the Customer.

10.3 Cancellation of Services

The Customer may request cancellation or postponement of Services. If Beesure accepts it, the Customer must pay for Services performed, Goods and materials supplied or irreversibly committed, and reasonable demobilisation, rebooking and other non-recoverable costs incurred up to cancellation. Beesure will not charge an amount that constitutes a penalty or an unfair contract term.

11. Liability and Indemnity

11.1 Non-Excludable Liability

Clauses 11.2 to 11.4 apply only to the maximum extent permitted by law and do not limit liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited.

11.2 ACL Limitation Where Permitted

Where section 64A of the ACL permits Beesure to limit liability for failure to comply with a consumer guarantee, Beesure’s liability is limited, at Beesure’s option:

• for Goods, to replacement, equivalent supply, repair, or payment of the reasonable cost of replacement, equivalent supply or repair; and
• for Services, to supplying the Services again or paying the reasonable cost of having the Services supplied again.

11.3 Consequential and Business Loss

Subject to clauses 9 and 11.1, Beesure is not liable for indirect or consequential loss, loss of profit, revenue, production, contracts, business opportunity or anticipated savings, plant shutdown, downtime costs or business interruption arising from the Contract, except to the extent that liability cannot lawfully be excluded.

11.4 Liability Cap

To the extent permitted by law, Beesure’s aggregate liability arising from the relevant event is limited to the amount paid or payable for the Goods or Services directly giving rise to the claim. This cap does not apply where it would be unlawful or unfair to enforce it in the circumstances, or to liability described in clause 11.1.

11.5 Customer Indemnity

The Customer indemnifies Beesure against third-party claims, losses and reasonable costs to the extent caused by the Customer’s negligent or unlawful acts, misuse of Goods, inaccurate information, defective design supplied by others, breach of Site safety obligations, unsafe Site conditions within the Customer’s control, or material breach of the Contract. The indemnity is reduced to the extent Beesure or another person caused or contributed to the loss and does not apply where prohibited by law.

12. Default, Suspension and Termination

12.1 Customer Default

If the Customer fails to pay an undisputed amount when due, materially breaches the Contract and does not remedy a remediable breach within a reasonable period after notice, or becomes subject to an insolvency event, Beesure may suspend supply, require payment in advance or terminate the affected Contract. Any action must be proportionate to the default and remains subject to rights that cannot lawfully be excluded.

12.2 Effect of Termination

Termination does not affect accrued rights. The Customer must pay amounts properly due for Goods supplied, Services performed and reasonable non-recoverable commitments made before termination. Clauses concerning payment, title, PPSA, confidentiality, intellectual property and liability survive to the extent necessary to give them effect.

12.3 Force Majeure

Neither party is liable for delay or failure caused by an event beyond its reasonable control, including natural disaster, fire, flood, severe weather, industrial action, war, government action, transport interruption, utility failure or material supply interruption. The affected party must notify the other where practicable, take reasonable steps to minimise the effect and resume performance as soon as reasonably possible. If the event substantially prevents performance for more than 90 days, either party may terminate the affected part without penalty, subject to payment for Goods and Services already supplied or irreversibly committed.

13. Intellectual Property, Privacy and General

13.1 Intellectual Property

Beesure retains ownership of its pre-existing and independently developed intellectual property, including drawings, methods, documents, know-how and technical materials. The Customer may use documents supplied by Beesure as reasonably necessary to operate and maintain the Goods and Services but must not commercially reproduce or distribute them without consent.

13.2 Privacy and Credit Information

Beesure may collect, use and disclose personal and credit-related information as reasonably necessary to quote and supply Goods and Services, administer accounts, assess credit, obtain trade references, recover debts and comply with law. Beesure will handle personal information in accordance with applicable privacy law.

13.3 No Waiver

A failure or delay in enforcing a right is not a waiver. Allowing additional time, extending credit or accepting late performance on one occasion does not amend these Terms for future transactions.

13.4 Assignment

The Customer must not assign a Contract without Beesure’s prior written consent, which will not be unreasonably withheld.

13.5 Notices

Notices may be delivered by hand, prepaid post or email to the address last notified by the recipient. An email is taken to be received when sent unless the sender receives an automated delivery-failure notice, subject to any contrary rule that cannot lawfully be excluded.

13.6 Governing Law

The Contract is governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

14. Australian Consumer Law Notice

End of Terms