terms & conditions

Date: 22/4/2025

By purchasing or ordering goods from HQ Link Pty Ltd (ABN 80 600 410 599) (“HQ Link”), whether online(www.hqlink.com.au), in-store, or via written quotation, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions, together with (where applicable) the Returns & Refunds and Warranty and Privacy Policy. 

Definitions

In these Terms and Conditions, unless the contrary intention appears:

**Customer** means the person, company, or entity purchasing the Goods from HQ Link, as named in the quotation, invoice, or order confirmation.

**Quotation** means a written proposal issued by HQ Link outlining the price and terms for the supply of Goods, which may include specifications, quantities, lead times, and other relevant conditions.

**Goods** means any standard or custom-made products and, where applicable, any related services as specified in a quotation, invoice, or order form issued by HQ Link or agreed in writing between the parties.

• **Standard Products** means goods that are pre-designed and pre-made, with fixed specifications, dimensions, and are available for direct purchase through HQ Link’s website or in store.
• **Custom-Made Products** means goods that are made to meet the Customer’s specific requirements, and are made exclusively for the Customer based on custom specifications, dimensions, and/or design features.

**Orders** Order means any purchase request, acceptance of a quotation, online purchase submission, or signed order form submitted by the Customer for the purchase of Goods.

Quotation

1. Unless withdrawn earlier, a quotation remains valid for acceptance during the period stated in the quotation, or if no period is specified, for 21 days from the date of issue.
2. HQ Link may amend any aspect of a quotation at any time, including due to fluctuations in the cost of parts or materials required to supply the Goods. HQ Link will use reasonable efforts to notify customer of any such amendments as soon as reasonably practicable. Any amended quotation will supersede all relevant prior terms.

Placement of orders 

1. Custom Order

Custom Order refers to any order for non-standard, custom-built, or made-to-specification Goods that are made by HQ Link to meet the Customer’s individual requirements.

1.  Custom order- confirmation 

HQ Link will only process a Custom Order if all of the following conditions are met (unless otherwise agreed in writing):

(a) A deposit, as specified by HQ Link, is received in cleared funds.

(b) The Customer confirmed the final design specifications, drawings, and measurements in writing or by email;

Production of Custom Orders will not commence until all above conditions are satisfied.

2. Custom order- payment & Charges

1. Payment Schedule
   Unless otherwise agreed in writing, Custom Orders are subject to the following staged payment terms:
     (i)30% deposit payable upon acceptance of the quotation;
     (ii) 30% progress payment payable prior to the commencement of production; and
     (iii) 40% final payment payable prior to the agreed collection date, installation date, delivery date, or shipping date, as applicable.

HQ Link reserves the right to withhold production or delivery until the corresponding payment has been received in cleared funds at each stage

A credit card 1.3 % surcharge will apply to any credit card payments 

2. Additional Charges

HQ Link may charge customer additional fees where additional costs are incurred as a result of:  

1. inadequate or incorrect information provided by customer; 
2. failure to provide information in a timely manner; 
3. requests by customer for additional work; or  
4. Frequent design changes: HQ Link reserves the right to charge additional fees for any changes to design specifications requested more than two times after an Order has been placed. Such changes may include, but are not limited to: alterations to measurements, component layout, functionality, or finish. Design changes may also result in production delays, re-quoting, or revised delivery schedules.
5. Any transportation, packaging, or related costs (where applicable).

3. Custom order-Design Requirements

(a) Any advice, recommendations, information, assistance, or services provided by HQ Link in relation to your design requirements or the Goods are given in good faith and are believed to be accurate and appropriate at the time provided. However, such assistance is offered without any warranty as to its accuracy, suitability, or reliability. HQ Link shall not be liable for any loss or damage resulting from your reliance on such advice or assistance.

3. All specifications, drawings, weights, and dimensions submitted by you are treated as approximations only. HQ Link is not responsible for errors in your submitted design requirements. You are solely responsible for verifying all information and ensuring its accuracy prior to placing an custom order.

4. Subject to any non-excludable guarantees under the Australian Consumer Law, minor deviations or variations that do not materially impact the use or functionality of the Goods shall not entitle you to reject the Goods or make any claim against HQ Link

4. Custom Orders – Variations, Cancellations

(a) Variations

If the Customer wishes to amend the design requirements after placing a Custom Order, HQ Link reserves the right to revise the Order to include any additional charges resulting from extra materials, labour, or work required to implement the changes.

Such amendments may also cause delays in delivery. HQ Link shall be entitled to an automatic extension of the delivery timeline equal to the time reasonably required to implement the changes.

(b) Cancellations

If the Customer cancels or seeks to cancel a Custom Order, the Customer agrees to:

1. Pay HQ Link the initial 30% deposit that has been invoiced or paid;
2. Indemnify HQ Link for any resulting loss or damage arising from the cancellation, including but not limited to:

1. Costs of materials, components, or third-party services already ordered or   committed; and 
2. Loss of profit or opportunity from other jobs foregone due to time or resource allocation to the cancelled Order.

Any deposit paid will be forfeited to HQ Link if the Order is cancelled after payment of the deposit.

5. Collection and Acceptance of Goods
6. For Custom Orders, HQ Link will notify the Customer as soon as the Goods are ready for collection, provided full payment has been received.

2. Any estimated lead time provided for custom orders is indicative only and not binding. HQ Link will use commercially reasonable efforts to meet the timeline, but late delivery does not entitle the Customer to refuse collection, claim damages, or cancel the Order. 

2. Standard products 

Standard Products refer to goods that are pre-designed and pre-made , with fixed specifications, dimensions, and features. These products are not made to individual customer specifications and are available for direct purchase through HQ Link’s website, in-store, or by quotation. Standard Products may be offered as-is, or with limited configurable options (e.g. size, colour, or accessories), but are not subject to structural or functional design changes.

2.1 Standard products-  Ordering and Payment

(a) Orders for Standard Products are accepted upon full payment or confirmed written agreement between HQ Link and the Customer.

(b) HQ Link reserves the right to revise prices or product availability at any time prior to order confirmation.

(c) If the Customer requests any modification to dimensions of a Standard Product, the item shall be deemed a Custom Order and will be subject to the terms applicable to Custom Orders. The pricing will be adjusted accordingly to reflect Custom Order pricing.

2.2  Standard products- Delivery

(a) HQ Link will use reasonable efforts to deliver Standard Products within the estimated time frames provided at the time of order. However, delivery dates are estimates only and not guaranteed. HQ Link shall not be liable for any loss or damage arising from delays in delivery.

(b) Unless otherwise stated, delivery charges are payable in addition to the price of the Goods.

(c) The delivery address must be located within Australia， and must not be a PO Box

(d) Goods can be delivered to the Customer’s nominated address or to a nearby depot within Australia,based on the Customer’s preference， subject to availability and delivery partner capabilities.

(e) If the Customer wishes to change the delivery address or delivery date, they must notify HQ Link before the Order is dispatched. Changes requested after dispatch may not be accommodated.

(f) If a Standard Product is unavailable at the time of order, HQ Link will notify the Customer as soon as practicable and offer alternatives, an updated lead time, or a full refund at the Customer’s option. HQ Link may also offer the Customer the option to place a back order with an estimated lead time. A refundable deposit may be required to secure a back order.

2.3  Standard products-Cancellations and Returns

(a) Customers may cancel Standard Product orders prior to dispatch. Orders that have been shipped are not eligible for cancellation.

(b) Any approved return of Standard Products must comply with HQ Link’s Refund and Returns Policy.

(c) The Customer must inspect all Standard Products upon delivery. Any claims for damage, defect, or shortfall must be reported to HQ Link within 7 days of receipt. If no such notice is received, the Goods will be deemed to have been accepted in good condition.

(d)If the Customer notifies HQ Link a fault within 7 days of  receipt, HQ Link may, at its sole discretion and upon inspection: (i) replace the Goods or supply equivalent items; or (ii) repair the Goods.

(e) If the Goods are free from fault and the Customer (i) simply changes their mind, (ii) uses the Goods improperly, or (iii) causes damage through other circumstances, HQ Link will not accept any return, replacement, or issue credit.

2.4  Standard products-Product Specifications 

1. Images or descriptions provided for Standard Products are representative only. Subject to any non-excludable guarantees under the Australian Consumer Law, minor deviations or variations that do not materially impact the use or functionality of the Goods shall not entitle you to reject the Goods or make any claim against HQ Link
2. Certain Standard Products may be offered with optional accessories or upgrade features (e.g., powder coatings). These options will affect the price and lead time for delivery.

3 General conditions 

 Limitation of Liability

(a)The Customer acknowledges that the use of the Goods is at their own risk. HQ Link shall not be liable for any loss or damage resulting from improper or unintended use of the Goods.

(b) To the extent permitted by law, HQ Link’s maximum liability in connection with the supply of Goods is limited to the repair, replacement, or refund of the affected Goods, as determined by HQ Link in accordance with these Terms.

(c) To the fullest extent permitted by law:

(i) Any terms, warranties, guarantees, or conditions which are implied by legislation,   regulation, or otherwise are excluded; and

(ii) HQ Link shall not be liable for any direct, indirect, incidental, special, or consequential loss or damage (including but not limited to loss of profits, data, revenue, or business opportunity), whether arising in contract, tort (including negligence), equity, under statute, or otherwise, even if HQ Link was advised of the possibility of such loss.

 Force majeure 

(a) In this agreement, a Force Majeure Event means any circumstance beyond the reasonable control of a party, including but not limited to:

(i) acts of God, flood, drought, earthquake, or other natural disasters;

(ii) epidemic or pandemic;

(iii) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

(iv) nuclear, chemical, or biological contamination, or sonic boom;

(v) any law, regulation, or action taken by a government or public authority, including but not limited to export or import restrictions, quotas, or prohibitions;

(vi) collapse of buildings, fire, explosion, or accident;

(vii) labour or trade disputes, strikes, industrial actions, or lockouts;

(viii) unavailability of materials or components;

(ix) non-performance by suppliers or subcontractors; and

(x) interruption or failure of utility services.

(b)HQ Link shall not be considered in breach of this agreement, nor liable for any failure or delay in the performance of its obligations, if such failure or delay is due to a Force Majeure Event. The time for performance shall be extended by a period equivalent to the duration of the Force Majeure Event.

3.1 HQ Link retains ownership of all Goods and may withhold the provision of Goods until all money (including money owing in respect of other transactions between HQ Link and you) due and payable to HQ Link by you have been fully paid. Time for payment is of the essence.

3.2 The cost of any special packing and packing materials used in relation to the Goods are at your expense, even if that cost has been omitted from any quotation.

3.3 Urgent Orders will incur surcharge for overtime labour, as well as any additional freight charges required for the expedited procurement of parts and materials.

3.4 The risk of loss of, or damage to, the Goods will pass to you when HQ Link places the Goods at your disposal at HQ Link premises. Any Goods under HQ Link’s possession, custody or control is completely at your risk as regards loss or damage caused to the Goods or by it. 

3.5 (Consumer Law) Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

3.6 (Variation) The terms and conditions of this agreement cannot be varied, except by agreement in writing signed by the parties.

3.7(Severance) If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision must, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and must not in any way affect any other circumstances of or the validity or enforcement of this agreement.

3.8(Waiver) Any waiver of a term of this agreement will only be effective if in writing and signed by both parties. Without limiting the foregoing, any failure by a party to compel performance by other parties of any of the terms and conditions of this Agreement will not constitute a waiver of those terms or conditions, nor will it affect or impair the right of the first mentioned party to enforce them at a later time or to pursue remedies it may have for any subsequent breach of those terms and conditions.

3.9 (Jurisdiction) This agreement will be governed by and construed and interpreted in accordance with the laws of the State of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts of the state of Victoria.

4 Changes to This Policy

We may update this Privacy Policy from time to time. The latest version will always be posted on this page with the effective date.