Terms of service
Tier One Metalworks Pty Ltd (ACN 681 255 014)
1. ABOUT THESE TERMS
1.1 These Terms and Conditions (Terms) apply to your purchase of products, goods and components (Products) from Tier One Metalworks Pty Ltd (ACN 681 255 014) trading as "Tier One Metalworks" (we, us, our or Tier One) through our website at www.tieronemetalworks.com.au (Website) or otherwise.
1.2 By placing an order with us, you agree to be bound by these Terms. Please read them carefully before placing your order.
1.3 In these Terms, you and your means the person or business placing the order. If you are under 18 years of age, you must obtain your parent or guardian's consent before accessing the Website or placing an order.
1.4 These Terms govern purchases of our Products whether you buy from us online and install them yourself, buy from us with installation by us, or buy from us as a distributor or trade reseller.
2. OUR PRODUCTS
2.1 We design and manufacture our Products in Australia. Our Products are largely laser-cut, folded or bent from metal, and powder-coated.
2.2 The Products have their own specifications which are published on the relevant Product’s webpage on the Website. We guarantee the Products against the specifications only.
2.3 Unless otherwise stated:
(a) our Products have not undergone any testing or assurance and do not meet any design rules or standards. It is your responsibility solely to ensure that the Products meet your requirements; and
(b) if we have stated a maximum carrying capacity this is based upon our testing of the Products only.
2.4 Images, illustrations, drawings and descriptions of Products on the Website or in our marketing materials are indicative only. Minor variations in colour, finish, dimensions and componentry may occur between the image shown and the Product supplied.
2.5 We do not represent that our Products have been certified, signed off, approved or assessed by an independent engineer. No representation, statement or implication is made by us that our Products have been the subject of any independent engineering certification or sign-off.
3.1 We sell our Products through three pathways. Some clauses in these Terms apply differently depending on which pathway applies to your order. The pathways are:
(a) Pathway 1: Direct sale from Website, self-installation. We sell the Product to you and you install it yourself. We do not install the Product.
(b) Pathway 2: Direct sale from Website, installation by us. We sell the Product to you and we install the Product for you at the agreed location and time.
(c) Pathway 3: Sale via a distributor or trade reseller. We sell the Product to a business (Distributor) who may resell and install the Product for an end customer.
3.2 Where we refer to a Pathway in these Terms (for example, Pathway 1, Pathway 2 or Pathway 3), we mean the pathway as described in this clause.
4. PLACING AN ORDER
4.1 You may place an order through one of the pathways under clause 3.
4.2 When you submit an order, you are making an offer to buy the Product from us on these Terms at the price quoted or shown at the time you placed the order, plus any applicable delivery fees, installation fees, taxes and other charges.
4.3 You agree that all information you provide to us (including your name, contact details, delivery address, vehicle make and model, and (for installation) the location and time of installation) is true, accurate, complete and up to date.
4.4 For Pathway 1 and Pathway 2, you are responsible for confirming that the Product you order is suitable for your specific vehicle make, model and year before placing your order.
4.5 For Pathway 3, the Distributor is responsible for providing accurate information to the end customer about the Product.
5. ACCEPTANCE OR REJECTION OF ORDER
5.1 We reserve the right to accept or reject your order at our discretion, including (but not limited to) if:
(a) the Product is not available;
(b) there is an error in the price, description, image or specification of the Product posted on the Website; or
(c) your order is placed in breach of these Terms.
5.2 Each order placed for Products through the Website that we accept results in a binding contract between you and us for the supply of those Products in accordance with these Terms.
5.3 If we reject your order, we will let you know within a reasonable time after you submit your order and refund any payment you have made for the rejected part of the order.
6. PRICES AND PAYMENT
6.1 Prices for Products are shown in Australian Dollars and include GST unless we say otherwise. Delivery fees, installation fees and any other charges are shown or quoted separately.
6.2 We may change the price of Products at any time before we accept your order. The price that applies to your order is the price quoted or shown at the time you placed the order.
6.3 For Pathway 1, you must pay for your order in full at the time you submit it.
6.4 For Pathway 2, you must pay for the products in full and a deposit being 10% of the total installation price (Deposit) to confirm your installation booking and the balance in accordance with the quote we provide.
6.5 For Pathway 3, payment terms are those set out in our Distributor Account terms or as otherwise agreed with you in writing.
6.6 If there is an obvious pricing error (for example, a price that is clearly much lower than the usual price of the Product), we may cancel your order under clause 5, even after you have paid, and refund you in full within 10 business days.
7. DELIVERY
7.1 We deliver to Australian addresses only. We do not deliver to PO Boxes or parcel lockers for larger items.
7.2 Estimated delivery and installation times are estimates only and are not guaranteed. They depend on stock availability and your location.
7.3 You acknowledge that additional delivery fees may apply for special, non-stock or bespoke items, heavy, bulky or awkward items, express or urgent deliveries, or bulk or large quantity orders.
7.4 If delivery is by courier, the courier may require a signature on delivery. If no one is available to accept delivery, the courier may leave a card and redirect the parcel to a post office. You will be responsible for collecting the parcel or paying any redelivery fee.
7.5 For Pathway 2, you must submit an In-Store Fitment Booking Form to request an installation booking. We retain full discretion as to the acceptance of an In-Store fitment Booking request. Submission of an In-Store Fitment Booking Form is a request only and does not confirm any installation booking slot. Once we confirm an installation booking slot, you must pay a 10% Deposit to secure the slot. The Deposit is non-refundable if you cancel the booking, fail to attend, or fail to make the vehicle available at the confirmed time. If we cancel the booking, we will refund the Deposit in full. Once confirmed, the Product will be installed by us at the address specified in the In-Store Fitment Booking Form.
7.6 Risk in the Product passes to you on delivery. For Pathway 2, risk in the Product passes to you when installation is completed. Title in the Product passes to you when we have received payment in full.
7.7 You must inspect the Product on delivery (or, for Pathway 2, immediately after installation) and let us know within a reasonable time if the Product is damaged, is not what you ordered, or is missing components.
8. REFUNDS
8.1 Refunds are accepted for faulty or damaged goods. Please reach out to us at info@tieronemetalworks.com.au for assistance.
8.2 To be eligible for a refund, products must be unused and in their original condition. We may require proof of purchase and/or photo evidence of any damage or fault.
8.3 For change of mind refunds or exchanges, you must make a request within 30 days of receiving your order. A 10% restocking fee is applicable and return shipping costs will also be at your expense. If an item is damaged during return shipping due to poor or insufficient packaging, the cost of the damage will be your responsibility.
8.4 If your return is approved, we will provide a return shipping label and instructions on how to send the item back. Please note that items returned without prior approval will not be accepted.
8.5 Once we’ve received and assessed your return, we’ll notify you of the approval status. If your return is approved after inspection, we will issue a refund automatically to your original payment method within 10 business days. Please allow additional time for your bank or credit card provider to process the refund.
8.6 If you haven’t received your refund within 15 business days of approval, please reach out to us at info@tieronemetalworks.com.au.
9. INSTALLATIONS
9.1 Under this clause, it sets out who is responsible for installing the Product, and what we warrant in relation to installation. The clause that applies to you depends on the Pathway under which you bought the Product.
9.2 Under Pathway 1, you install the Product yourself. We do not install the Product.
(a) We provide installation instructions specific to the relevant vehicle make and model with the Product or via the Website. You must:
(i) read the installation instructions carefully before starting installation;
(ii) follow the installation instructions exactly;
(iii) use only the fittings, fasteners and components supplied or specified by us for the Product;
(iv) ensure that any tools you use are appropriate for the task; and
(v) not modify the Product or your vehicle (including by drilling, cutting, welding or otherwise altering any part of the vehicle) unless our installation instructions specifically tell you to do so.
(b) We do not warrant installation of the Product under Pathway 1. You accept full responsibility for the installation and for any consequences of the installation. We are not responsible for:
(i) any loss or damage caused by, or arising from, the installation, except to the extent that loss or damage is caused by a defect in the Product itself; or
(ii) any damage to your vehicle caused by you, including (but not limited to) damage caused by drilling, cutting, welding or otherwise modifying the vehicle, over-tightening or under-tightening fasteners, failure to follow the installation instructions, or using the Product on a vehicle for which it is not designed or specified.
9.3 Under Pathway 2, we will install the Product for you. The fee for installation will be quoted to you before we accept your order.
(a) You must:
(i) make the vehicle available at the agreed location and time;
(ii) give us safe and reasonable access to the vehicle for the duration required to complete the installation; and
(iii) provide us with accurate information about the vehicle and any roof-mounted accessories, modifications or other relevant features.
(b) If we find, on attending the installation, that the vehicle has been modified or has features that are inconsistent with the information provided to us, or that the installation cannot reasonably be performed safely, we may decline to perform the installation. In that case, we will discuss the available options with you, which may include rescheduling, modifying the scope of the installation, or cancelling the order.
(c) We warrant the installation of the Product under Pathway 2 on the terms set out in clause 10.
9.4 Under Pathway 3, the Product may be installed by a Distributor or another third party. We do not perform that installation and the Distributor or third party is not our agent.
(a) We do not warrant any installation performed by a Distributor or any other third party. We are not responsible for any loss or damage caused by, or arising from, an installation performed by a Distributor or third party, except to the extent that loss or damage is caused by a defect in the Product itself.
10.1 Your rights under the Australian Consumer Law
(a) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
(b) You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(c) For Pathway 2 (where we install the Product for you), the following also applies: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
10.2 Warranty Period
(a) We warrant that the Product will be free from defects in materials and workmanship for a period of 12 months from the date the Product is delivered to you, or (for Pathway 2) installed by us (Warranty Period), when used in accordance with these Terms, our instructions and the Product's intended use.
(b) For Pathway 2, we also warrant our installation of the Product for the Warranty Period.
10.3 What is not covered
(a) The Warranty does not cover any loss, damage or defect caused by or arising from:
(i) normal wear and tear;
(ii) installation of the Product by you under Pathway 1 or by a Distributor or third party under Pathway 3;
(iii) failure to follow our installation instructions, user instructions or care instructions;
(iv) use of the Product in a way that is inconsistent with its intended use, including exceeding the load rating;
(v) use of parts, fittings, fasteners or accessories not supplied or specified by us;
(vi) accident, misuse, abuse, neglect, or impact (including collisions and off-road use beyond the Product's intended use);
(vii) exposure to corrosive substances or environments beyond ordinary use;
(viii) cosmetic damage that does not affect the function of the Product, such as minor scratches, surface marks or fading; or
(ix) any cause that is not a defect in the Product as supplied by us (or, for Pathway 2, in our installation).
10.4 How to make a Warranty claim
(a) To make a Warranty claim, you must contact us via email at info@tieronemetalworks.com.au within the Warranty Period and provide:
(i) proof of purchase (such as your tax invoice or Order Confirmation);
(ii) a description of the alleged defect;
(iii) photographs or video of the alleged defect; and
(iv) any other information we reasonably request to assess the claim.
(b) You may need to return the Product (or the affected part) to us, at your expense, so we can assess the claim. We will let you know whether this is required. If your Warranty claim is accepted, we will reimburse your reasonable return shipping costs
10.5 Our remedy under the Warranty
(a) If we accept your Warranty claim, our obligation under this Warranty is to replace the Product.
(b) Replacement arrangements would differ according to each Pathway:
(i) Pathway 1 (Self-installation): We will send you the replacement Product. Any removal and reinstallation are at your expense.
(ii) Pathway 2 (Installation by us): We will remove and install the replacement Product. Any removal and reinstallation cost will be covered by us.
(iii) Pathway 3 (Distributor or third-party installation): We will supply a replacement Product. Any removal and reinstallation are at the expense of the Distributor, third-party installer or end customer.
10.6 The benefits we give you under this Warranty are in addition to, and do not exclude, restrict or modify, any rights and remedies you have under the Australian Consumer Law or any other law that cannot be lawfully excluded.
11. LIABILITY
11.1 Load Ratings
(a) Our products cannot exceed your vehicle's maximum load rating as specified by your vehicle manufacturer. You must comply with this limit. This is your responsibility.
(b) We are not responsible for any damage, injury or loss caused by exceeding load ratings.
11.2 General Liability
(a) We are not responsible for damage to your vehicle or other property caused by your installation (Pathway 1), installation by a Distributor or third party (Pathway 3), failure to follow our instructions, use of the Product beyond its intended use or load rating, or any cause that is not a defect in the Product as supplied by us.
(b) Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be lawfully excluded. To the extent we are permitted to limit our liability for breach of a consumer guarantee, our liability is limited to (at our option) replacing the Product, supplying an equivalent Product, or refunding the purchase price.
12. PRIVACY
We handle personal information in accordance with our Privacy Policy, which is available on the Website.
13. GENERAL
13.1 Governing law
These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts competent to hear appeals from those courts.
13.2 Severance
If any part of these Terms is found to be invalid, illegal or unenforceable, that part is to be read down to the extent necessary to make it valid, or if it cannot be read down, severed from these Terms. The remaining provisions of these Terms continue to apply.
13.3 No waiver
A failure or delay by us to exercise a right under these Terms is not a waiver of that right.
13.4 Entire agreement
These Terms (together with any Order Confirmation, our Privacy Policy, any Distributor Account terms (for Pathway 3) form the entire agreement between you and us in relation to your order, and supersede any earlier representations or agreements about that order.
14.1 If you have any questions about these Terms or your order, please contact us:
(a) Email: info@tieronemetalworks.com.au
(b) Phone: 0437 634 822
(c) Post: 28 Star Point Place, Hastings VIC 3915
