HSE Pacific Pty Ltd- Sales Terms and Conditions
1. General
1.1 All goods, equipment, and services (“Products”) supplied by HSE Pacific Pty Ltd (“HSE Pacific”) are sold subject to these Terms and Conditions.
1.2 Placement of an order or acceptance of delivery constitutes the Customer’s agreement to these Terms.
1.3 Prices are exclusive of GST unless otherwise stated. Title to the Products remains with HSE Pacific until full payment is received. Risk passes to the Customer upon delivery.
1.4 HSE Pacific shall not be liable for delays or failure to deliver caused by circumstances beyond its control, including shipping delays, parts shortages, or force majeure events.
2. Warranty Disclaimer and Waiver
2.1 The Customer acknowledges that HSE Pacific provides no warranty, express or implied, for any product, component, or system beyond that offered by the original equipment manufacturer (if applicable).
2.2 HSE Pacific expressly disclaims any liability for faults, failures, or defects in any Safety Shield System or associated product once installed.
2.3 Any manufacturer’s warranty that may apply remains solely the responsibility of that manufacturer, and any warranty claims must be made directly with them.
2.4 HSE Pacific shall not be liable for any damage, malfunction, or performance issues affecting the machine, vehicle, or equipment on which the Safety Shield System has been installed.
2.5 The Customer acknowledges that installation of the System is performed at the Customer’s request and at their own risk, and releases HSE Pacific from any warranty obligation or post-installation responsibility.
3. Safety and Operational Liability
3.1 The Safety Shield System and other monitoring or warning systems are driver-assist and awareness aids only and do not replace operator responsibility or compliance with safety procedures.
3.2 HSE Pacific does not guarantee the prevention of accidents, injuries, or damage, nor the accuracy, reliability, or uninterrupted performance of any system supplied or installed.
3.3 HSE Pacific shall not be held liable for any safety-related issue, incident, injury, or damage arising directly or indirectly from:
- The installation or operation of any system supplied;
- Failure, malfunction, or inaccuracy of the system;
- Operator reliance on the system for decision-making or safety management.
3.4 The Customer is solely responsible for maintaining a safe work environment, operator training, and compliance with all workplace health and safety requirements.
4. Items Not Serviced or Repaired
4.1 HSE Pacific does not service or repair:
- Machines, vehicles, or equipment to which systems are installed;
- Third-party products or components not supplied by HSE Pacific;
- Systems modified, damaged, or tampered with by the Customer or a third party;
- Software, firmware, or network issues outside HSE Pacific’s control.
4.2 HSE Pacific will assist with fault identification or manufacturer referrals as a goodwill service only, not as an obligation.
5. Customer Obligations and Responsibilities
5.1 The Customer must:
- Ensure all machines or vehicles are safe, operational, and accessible for installation or service;
- Provide accurate information regarding the system’s purpose, use, and installation site;
- Maintain all systems and associated equipment in good working condition.
5.2 The Customer must not alter, interfere with, or remove any installed system components without written approval from HSE Pacific.
5.3 The Customer is responsible for ensuring network connectivity, software access, and power supply as required for system operation.
5.4 The Customer acknowledges that safe operation, correct use, and ongoing maintenance are solely their responsibility.
6. Termination and Cancellation
6.1 Orders may be cancelled or amended only with written consent from HSE Pacific. Cancellation may incur restocking, freight, or administrative fees.
6.2 HSE Pacific reserves the right to suspend or terminate supply if:
- Payment is not received by the due date;
- The Customer breaches these Terms; or
- The Customer becomes insolvent or subject to administration.
6.3 Upon termination, all outstanding monies become immediately payable.
7. Limitation of Liability
7.1 To the fullest extent permitted by law, HSE Pacific’s liability for any claim relating to supply, installation, or use of its Products shall not exceed the purchase price paid for those Products.
7.2 HSE Pacific shall not be liable for any indirect, consequential, or incidental damages, including but not limited to loss of profit, downtime, data, or opportunity.
7.3 The Customer releases and indemnifies HSE Pacific from all claims, losses, damages, and expenses (including third-party claims) arising out of or in connection with any installation, operation, or use of the Products.