Terms & conditions

Who we are

In these terms, “PLC Supply”, “we”, “us” and “our” mean PLCSUPPLY AUSTRALIA PTY LTD (ABN 94 700 511 208, ACN 700 511 208) of Queensland, Australia. “You” means the person or business placing the order. You can contact us at [email protected] or on +61 422 735 541.

Products & surplus

PLC Supply sells new, used and refurbished surplus automation products. Most items in our catalogue are sourced to order rather than held in stock, and we confirm the lead time in your quotation or order confirmation before you commit. We are not an authorised distributor, affiliate or representative for the brands we carry, and the products we supply do not come with the original manufacturer’s warranty. Any warranty is described in the “Warranty & your consumer rights” section below and on our Warranty page.

Quotations

Unless we state otherwise, a quotation is valid for 30 days and is an invitation to treat rather than an offer to sell. Quoted prices are in Australian dollars and exclude delivery unless the quotation says otherwise. Until we accept your order, prices remain subject to change and to confirmation of availability.

Orders & acceptance

When you place an order you are making an offer to buy. A contract is only formed when we accept that order — either by confirming it in writing or by dispatching the goods to you. Until then we may decline or cancel an order, for example where a part is no longer available, where stock or pricing information was incorrect, or where we are unable to verify your details.

These terms apply to every order and prevail over any terms in your purchase order or other documents, whether or not they conflict.

Prices, GST & payment

Prices are in Australian dollars. Prices shown on the website to the general public include GST. Where we quote a business customer on a GST-exclusive basis we will say so clearly in the quotation and show the GST amount and the GST-inclusive total together, with the total shown at least as prominently as the GST-exclusive figure. GST is shown separately on your tax invoice. Delivery charges are shown at checkout or quoted separately.

We accept major cards and bank transfer, and approved business account customers may be offered purchase-order or net payment terms. Where account terms apply, invoices are payable by the due date shown; we may charge interest on overdue amounts and suspend supply while any amount remains unpaid.

Delivery & risk

Any delivery timeframe we give is an estimate only and is not guaranteed. We may deliver an order in parts, and each part may be invoiced separately. Risk in the goods passes to you on delivery to you or to your nominated address or carrier, and we recommend you insure the goods from that time.

Inspection

Please inspect goods on delivery and tell us within 7 days if there is any shortage, damage or error. If you do not, the goods are treated as accepted — but this does not affect any rights you have under the Australian Consumer Law.

Retention of title

Title to the goods stays with us until you have paid for them in full, even though risk passes to you on delivery. Until the goods are paid for you must keep them in a way that shows they remain our property, and you may on-sell them only in the ordinary course of your business.

These terms create a security interest in the goods and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth). You consent to us registering that security interest and agree to do anything reasonably necessary to help us perfect it.

Returns

Where something is wrong with the goods — faulty, damaged in transit, not as described, or not what you ordered — we bear the cost of the return and you have the remedies set out in the “Warranty & your consumer rights” section below. For a change of mind, returns must be approved by us first and must reach us within 30 days of delivery, unused and in re-saleable condition. Return freight is on us — your RMA includes a prepaid label. Items that were custom-sourced or specially ordered for you cannot be returned for change of mind, and we tell you that at the time of quotation; that restriction does not affect your rights if the item is faulty or not as described. See our Returns page for how to request an RMA.

Warranty & your consumer rights

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where you are a consumer under that law, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. Where a failure is not a major one, you are entitled to have it put right within a reasonable time — and if we do not, you can then choose a refund or a replacement. These rights are not limited to the 12-month warranty period: how long they last depends on what a reasonable person would expect of the particular goods, given their nature, price and condition.

In addition, we provide a complimentary 1-year warranty on the automation products we sell, described on our Warranty page. Because we are not an authorised distributor, goods do not carry the original manufacturer’s warranty, although a manufacturer may choose to offer a warranty to you directly.

Manufacturer information

Specifications, performance data, images and descriptions are often supplied by the manufacturer or a supplier and are passed on by us in good faith without independent verification. You should make your own enquiries before relying on them. Where a product is unavailable we may offer an equivalent substitute, which we will only supply with your approval.

Trademarks

Designated trademarks, brand names and product names are the property of their respective owners and are used for identification only. This website is not sanctioned or approved by any manufacturer or trademark owner listed.

Firmware & software

Some products contain firmware or embedded software owned by the manufacturer or its licensors. It is licensed, not sold, and PLC Supply has no authority to grant, transfer, sublicense or extend any licence to it.

Products may include older firmware revisions. We make no representation about whether a unit will arrive with firmware installed, what version it will be, whether it can be updated, or whether the manufacturer will make updates available to you — manufacturers commonly restrict firmware and support to authorised customers. It is your responsibility to obtain any licence you need from the manufacturer and to comply with the terms of any end-user licence agreement that applies to obtaining, installing, using, copying or transferring firmware.

Used equipment may arrive containing a previous owner’s programs, configuration, recipes or data. We erase or reset user memory where it is practical, but we cannot guarantee it. You must not use, copy, retain or disclose any third-party program or data found on a unit we supply — tell us and we will advise how to deal with it.

We do not supply programming software, development licences, activation keys or dongles unless a listing expressly says so.

International orders, export controls & sanctions

You are the importer of record unless we agree otherwise in writing, and you are responsible for import duties, taxes, customs charges, clearance and for meeting the import requirements of the destination country.

Some industrial automation equipment is subject to Australian export controls, including the Defence and Strategic Goods List, and all exports are subject to Australian sanctions law. You must not order goods from us for supply to a person, entity or destination subject to sanctions; for a military, nuclear, chemical, biological or missile end-use; or where you intend to on-supply them in breach of an export control or sanctions law.

We may require an end-user statement, and we may decline, delay or cancel any order where we consider, acting reasonably, that supplying it may breach an export control, a sanctions regime or another law. If we do, we refund you in full.

Our liability

Nothing in these terms excludes, restricts or modifies any guarantee, right, remedy or liability that the Australian Consumer Law or any other law gives you and that cannot lawfully be excluded. If anything in this section would have that effect, it does not apply to you.

Almost everything we sell is industrial equipment rather than goods of a kind ordinarily bought for personal, domestic or household use. For those goods and for our repair services, and as section 64A of the Australian Consumer Law permits, our liability for failing to meet a consumer guarantee is limited — at our option — to replacing or repairing the goods, supplying equivalent goods, or paying the cost of any of those; and for services, to supplying them again or paying the cost of having them supplied again. We will only rely on that limit where it is fair and reasonable to do so, and it does not affect your separate right to compensation for reasonably foreseeable loss or damage.

Where you are not a consumer under the Australian Consumer Law — for example, where you buy to re-supply the goods or to build them into something you manufacture — we are not liable for indirect or consequential loss, loss of profit, loss of production, plant downtime or the cost of substitute goods, and our total liability for a claim is limited to the amount you paid us for the goods or services the claim relates to.

We are not liable for loss or damage to the extent it is caused by installation, wiring, configuration or commissioning that does not follow the manufacturer’s instructions, the applicable Standards or the law; by operation outside the unit’s rated specifications; by modification or repair by anyone other than us or a person we authorise; by physical damage, liquid ingress, contamination or power surge after delivery; by use in a safety-related function without independent verification by a competent person; or by putting the goods into service without testing them in your system first.

Nothing in this section limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for liability under Part 3-5 of the Australian Consumer Law for goods with a safety defect, or for anything else that cannot lawfully be limited.

Events beyond our control

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including supply shortages, transport disruption, industrial action, or government or public-health measures. This does not excuse you from paying amounts that are due.

Cancelling an order

Once we have accepted your order you generally cannot cancel it without our written agreement. This applies in particular to items that were custom-sourced or specially ordered for you.

Privacy

We handle your personal information in line with our Privacy Policy, which explains what we collect and how we use it, including sharing with shipping and payment providers so we can fulfil your order.

Changes to these terms

The terms that apply to an order are those in force when you place it. We may update these terms from time to time, so please review them before each purchase.

Governing law

These terms and any order under them are governed by the laws of Queensland, Australia, and you and PLC Supply submit to the non-exclusive jurisdiction of the courts of Queensland.

If you are outside Australia, choosing Queensland law does not deprive you of the protection of any mandatory consumer law of the country where you are habitually resident that applies despite that choice. It also does not exclude, restrict or modify the operation of the Australian Consumer Law.