Mirboo North Precision Engineering Pty Ltd
Engineering Repair Terms and Conditions

1. Acceptance of Terms
  All work performed by Mirboo North Precision Engineering Pty Ltd (“the Company”) is undertaken subject to these Terms and Conditions. Delivery of equipment or components to the Company for repair, refurbishment, machining, manufacture, inspection or testing constitutes acceptance of these Terms.

2. Scope of Work
  The Company will carry out work as described in the quotation, job sheet or work order. Any additional work identified during inspection or repair may be subject to additional charges and approval by the customer.

3. Used Equipment and Hidden Defects
  The Company frequently repairs used, worn, or previously repaired equipment. The Company shall not be responsible for defects, failures or weaknesses in materials or components that were not visible or reasonably detectable during inspection or repair.

4. No Guarantee of Service Life
  Unless expressly agreed in writing, the Company does not guarantee the service life, performance, output or operational lifespan of repaired equipment or components.

5. Repair Warranty
  The Company warrants that repair work will be carried out using reasonable care and skill. Any warranty provided applies only to the specific repair work undertaken by the Company and does not extend to unrelated components, assemblies, or systems.

6. Testing
  Workshop testing carried out by the Company is limited to the facilities and conditions available within the workshop environment. Operational conditions at the customer’s site may differ significantly from those replicated during testing. The Company does not guarantee that workshop testing replicates actual operating conditions.

7. Installation and Commissioning
  The customer is solely responsible for the correct installation, alignment, commissioning and operation of repaired equipment once it leaves the Company’s premises. The Company accepts no liability for damage or failure resulting from incorrect installation, improper alignment, incorrect operating conditions, inadequate maintenance, or modifications made by others.

8. Customer Responsibility for Final Testing
  The customer must conduct appropriate testing, commissioning and safety verification before placing repaired equipment into full operational service.

9. Limitation of Liability
  To the fullest extent permitted by law, the Company’s total liability arising out of or in connection with any repair, service, machining or supply of components shall be limited to the lesser of:
  (a) the total amount paid by the customer for the specific job; or
  (b) the amount recoverable under the Company’s liability insurance policy.

10. Consequential Loss
  The Company shall not be liable for any indirect or consequential loss including but not limited to loss of production, loss of profit, loss of contracts, product loss, plant downtime, business interruption, or financial penalties.

11. Customer Equipment
  All customer equipment supplied for repair remains at the customer’s risk except where loss or damage is caused by the Company’s negligence. The Company’s liability for loss or damage to customer equipment while in its care, custody or control shall not exceed the limits of the Company’s insurance coverage.

12. Materials and Components Supplied
  Where the Company supplies parts or materials, manufacturer warranties (if any) will apply. The Company does not provide additional warranties beyond those provided by the manufacturer unless stated in writing.

13. Customer Supplied Parts or Instructions
  Where parts, materials, or instructions are supplied by the customer, the Company accepts no responsibility for the performance, suitability or reliability of those items.

14. Payment Terms
  Unless otherwise agreed in writing, payment for all work is required prior to release of equipment. The Company reserves the right to retain possession of equipment until all outstanding invoices are paid in full.

15. Storage and Uncollected Goods
  Equipment not collected within 30 days of completion may incur reasonable storage charges. The Company reserves the right, where permitted by law and after reasonable notice, to sell or dispose of uncollected goods to recover outstanding costs.

16. Indemnity
  The customer agrees to indemnify and hold harmless the Company from any claims arising from the installation, operation or modification of repaired equipment once it has left the Company’s premises.

17. Governing Law
  These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.

18. Severability
  If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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High-Speed Rotating Equipment Clause

Where the Company repairs, refurbishes, manufactures or supplies components for high-speed rotating equipment including but not limited to atomisers, pumps, rotors, shafts, impellers, wheels, spindles or similar machinery, the following conditions apply:

1. The customer is responsible for ensuring correct installation, alignment, balancing verification (where required), lubrication, cooling and operating conditions.

2. The Company shall not be responsible for damage or failure resulting from:
 
  - incorrect installation or alignment,
  - improper startup or shutdown procedures,
  - operating speeds exceeding design limits,
  - vibration from surrounding equipment,
  - foreign material entering the machine,
  - process conditions outside normal operating specifications.

3. Equipment repaired by the Company must be properly commissioned and monitored during initial startup. The customer is responsible for verifying vibration levels, bearing temperatures, lubrication flow and other operational parameters.

4. The Company shall not be liable for secondary damage caused by failure of rotating components once the equipment has been installed and operated outside the Company’s control.

5. Any balancing, testing or inspection performed by the Company is limited to workshop conditions and does not guarantee performance under site operating conditions.

6. The customer accepts that high-speed rotating machinery is subject to operational variables that may affect performance and reliability, and the Company does not guarantee operational life or service duration of repaired components.