1. Definitions & Interpretation

1.In these Terms & Conditions:

“Supplier”, “we”, “us”, “our” refers to M-Kube Enterprise Pty Ltd, based in Glenfield, NSW, Australia.
“Customer”, “you”, “your” means the party purchasing or using goods or services from us.
“Goods” refers to any instruments, equipment, parts, accessories, software, or related products sold or supplied by us.
“Services” refers to installation, calibration, maintenance, repair, or technical support offered by us.
“Contract” or “Invoice” or “Purchase Order” means the agreement between you and us formed when we accept your order in writing or begin supplying goods or services.
“Delivery Date” means the date goods leave our premises unless otherwise agreed.

2. Headings are for convenience only and do not affect interpretation.
3. If any provision of these Terms is found invalid, the remainder remains effective to the fullest extent permitted by law.

2. Application of Terms

These Terms & Conditions apply to all quotations, sales, and deliveries by M-Kube unless otherwise agreed in writing.
Any terms proposed by you that conflict with these Terms will be disregarded unless expressly accepted by us in writing.
A Contract is formed when we issue an order confirmation or begin performance.
Quotations remain valid for 10 days unless stated otherwise and are subject to change without notice.

3. Price, Payment & Taxes

All prices are quoted in Australian Dollars (AUD) and exclude GST, freight, duties, or handling charges unless otherwise stated.
Full payment is due by the date stated on our invoice.
We reserve the right to charge interest on overdue amounts at 2% above the prevailing bank lending rate, calculated weekly.
We may withhold further deliveries or cancel outstanding orders if payment is not made on time.
The Customer is responsible for all applicable taxes, customs duties, and import/export charges, unless otherwise stated in the contract.

4. Delivery, Risk & Title

Delivery dates are approximate only. M-Kube Enterprise Pty Ltd is not liable for delays caused by manufacturing, shipping, or other circumstances beyond our control.
Risk in the Goods passes to you upon delivery or collection.
Title to the Goods remains with M-Kube Enterprise Pty Ltd until full payment is received.
Until title passes, you must store goods securely and not sell, pledge, or otherwise encumber them.

5. Inspection, Returns & Cancellations

You must inspect goods immediately upon receipt and notify us in writing of any shortages, damage, or incorrect items within 3 business days of delivery.
Returns are accepted only with prior written approval from M-Kube and must be in unused, original condition.
Approved returns may be subject to a restocking fee (typically 20%) to cover administrative and handling costs.
Custom, special-order, or made-to-specification items are non-returnable.
Order cancellations require our written consent and may incur a cancellation charge depending on progress at the time of cancellation.

6. Warranty, Liability & Consumer Rights

M-Kube Enterprise Pty Ltd does not provide any express warranty on goods or services sold.
However, our products are supplied in accordance with Australian Consumer Law (ACL), which provides certain statutory guarantees that cannot be excluded.
To the extent permitted by law, our liability for any breach of these guarantees is limited, at our discretion, to:
Replacement or repair of goods; or
Refund of the purchase price.
M-Kube Enterprise Pty Ltd is not liable for any indirect, incidental, or consequential loss including, but not limited to, loss of profits, business interruption, or damage resulting from use or misuse of the goods.
Technical advice or recommendations provided by us are given in good faith but without liability. It is the Customer’s responsibility to verify suitability for their intended use.

7. Intellectual Property

All intellectual property rights, including product designs, drawings, specifications, or documentation, remain the property of M-Kube Enterprise Pty Ltd or its licensors.
You may not reproduce, distribute, or modify any of our materials without written permission.
Where you supply specifications or drawings, you warrant you have the rights to do so and that they do not infringe any third-party rights.

8. Force Majeure

M-Kube Enterprise Pty Ltd shall not be liable for delays or non-performance caused by events beyond our reasonable control, including but not limited to acts of God, strikes, shipping disruptions, supply shortages, government restrictions, or natural disasters. Delivery or performance times shall be extended accordingly.

9. Termination

We may terminate any order or suspend deliveries if you fail to make payment or otherwise breach these Terms.
Upon termination, all outstanding invoices become immediately due and payable.
You are responsible for all costs incurred before termination, including storage, handling, and cancellation fees.

10. Compliance & Safety

You must use and handle all goods in compliance with applicable Australian laws, regulations, and safety standards.
Safety data sheets (MSDS) or operating instructions provided by M-Kube Enterprise Pty Ltd must be followed.
M-Kube Enterprise Pty Ltd is not responsible for damage or injury caused by improper use, handling, or installation.

11. Confidentiality

Both parties must treat non-public business, technical, or pricing information as confidential and not disclose it to third parties without written consent, except as required by law.

12. Governing Law & Dispute Resolution

These Terms & Conditions are governed by the laws of New South Wales, Australia.
Any disputes shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
Parties agree to attempt good-faith negotiation before pursuing legal action.

13. Entire Agreement

These Terms & Conditions constitute the entire agreement between M-Kube Enterprise Pty Ltd and the Customer and supersede all prior proposals or communications.
No variation or waiver is valid unless agreed in writing by an authorised representative of M-Kube Enterprise Pty Ltd.