Terms and Conditions of Sale
These Terms and Conditions (“Terms”) apply to all goods, equipment, software, services, technical assistance and related materials supplied by Free Market Capital Pty Ltd (“Ironbark EV”, “we”, “us”, “our”). By requesting a quotation, placing an order, accepting delivery, or otherwise engaging Ironbark EV, the customer (“Customer”, “you”, “your”) agrees to be bound by these Terms.
1. Application and Priority
These Terms apply to all transactions unless expressly varied in writing by Ironbark EV. Any terms or conditions proposed by the Customer (including purchase orders or standard terms) are excluded unless expressly accepted in writing by Ironbark EV. In the event of inconsistency, these Terms prevail unless otherwise agreed in writing.
2. Quotations
All quotations are provided in good faith based on information available at the time. Quotations are valid for the period stated, or if not stated, for 30 days. Pricing, lead times and availability are subject to change where orders are not placed within the quotation validity period or where supplier, freight or regulatory conditions change.
Quotations are indicative only and do not constitute an offer capable of acceptance.
3. Orders and Acceptance
An order is not binding on Ironbark EV until confirmed in writing. Ironbark EV may accept or reject any order at its discretion. Once accepted, orders cannot be cancelled or varied without Ironbark EV’s written consent.
Orders for configured, customised, made-to-order or project-specific products (including most DC chargers) are treated as firm commitments and cannot be cancelled once production or procurement has commenced.
4. Pricing and Taxes
All prices are quoted in Australian dollars and exclude GST unless stated otherwise. Prices also exclude delivery, installation, commissioning, duties, customs charges, levies, site-specific costs or any other charges unless expressly included in writing.
Ironbark EV reserves the right to adjust pricing to reflect changes in supplier pricing, freight costs, duties, exchange rates or regulatory requirements prior to shipment.
5. Payment Terms
Unless otherwise agreed in writing:
Full payment is required prior to shipment of goods.
For DC chargers or products with extended lead times, a deposit may be required, with the balance payable prior to dispatch.
Ironbark EV does not offer credit by default.
Credit may only be granted following approval of a formal credit application, and may require personal and/or corporate guarantees.
Ironbark EV may suspend supply, withhold delivery or cancel orders if payment terms are not met.
Late payments may incur interest and recovery costs as permitted by law.
6. Delivery and Logistics
Delivery dates are estimates only. Ironbark EV is not liable for delays caused by manufacturing constraints, shipping delays, customs, supply chain disruptions, force majeure events or factors beyond its control.
Delivery is deemed complete upon dispatch from Ironbark EV or its supplier unless otherwise agreed. The Customer is responsible for providing suitable delivery access and accepting delivery. Additional costs arising from failed deliveries, redirection or site access issues may be charged to the Customer.
7. Risk and Insurance
Risk in goods passes to the Customer upon dispatch. The Customer is responsible for arranging insurance for goods in transit and after delivery unless otherwise agreed in writing.
Ironbark EV is not responsible for loss or damage after risk has passed.
8. Retention of Title
Title to goods does not pass to the Customer until Ironbark EV has received full payment. Until title passes, Ironbark EV retains a security interest in the goods to the maximum extent permitted by law and may take action to recover goods where payment is not made.
9. Installation and Commissioning
Unless expressly agreed in writing, Ironbark EV supplies products only and does not provide installation or commissioning services. Installation must be carried out by appropriately licensed and qualified personnel in accordance with applicable laws, standards and manufacturer instructions.
Ironbark EV is not responsible for defects, failures or non-compliance arising from incorrect installation, commissioning, maintenance or operation.
10. Use, Operation and Suitability
The Customer is responsible for ensuring that products are suitable for their intended application and site conditions. Any technical guidance provided by Ironbark EV is general in nature and does not constitute engineering certification or design responsibility unless expressly agreed in writing.
11. Warranty
Warranty terms are defined at the time of sale and may vary by product, manufacturer or project. Warranty details will be set out in quotations, order confirmations or product documentation.
Warranties do not apply to defects arising from:
Incorrect installation or commissioning
Misuse, abuse or neglect
Failure to maintain products in accordance with instructions
Unauthorised modifications or repairs
External factors such as power quality, environmental conditions or force majeure events
To the extent permitted by law, Ironbark EV’s warranty obligations are limited to repair, replacement or manufacturer-supported remedies.
12. Returns, Cancellations and Restocking
Returns and cancellations are at Ironbark EV’s discretion. Customised or made-to-order products cannot be returned once production has commenced.
Approved returns may be subject to restocking fees, handling charges and freight costs. Returned goods must be unused, in original packaging and in resaleable condition.
13. Compliance and Regulatory Responsibility
Ironbark EV supplies products compliant with applicable product-level regulatory requirements. The Customer remains responsible for site-specific compliance, approvals, permits and electrical safety obligations.
Ironbark EV does not assume responsibility for compliance arising from installation, integration with other systems or site-specific use.
14. Limitation of Liability
To the maximum extent permitted by law:
Ironbark EV is not liable for indirect, consequential or economic loss.
Ironbark EV’s total liability is limited to the value of the goods or services supplied.
Nothing in these Terms limits rights that cannot be excluded under Australian Consumer Law.
15. Force Majeure
Ironbark EV is not liable for failure or delay caused by events beyond its reasonable control, including natural disasters, pandemics, industrial action, transport disruptions or regulatory changes.
16. Intellectual Property
All intellectual property remains the property of Ironbark EV or its licensors. The Customer is granted a limited, non-transferable right to use documentation and materials solely for the intended purpose.
17. Privacy
Personal information is handled in accordance with the Ironbark EV Privacy Policy, available on our website.
18. Governing Law
These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the Queensland courts.
19. Contact Details
Ironbark EV / Free Market Capital Pty Ltd
Email: info@ironbarkev.com.au