These terms apply to every quotation, order, invoice and supply of goods or services by Misonics Pty Ltd (ABN 50 659 454 681) (Misonics, we, us, our) to a customer (you, your), including orders placed through the cart on misonics.com.au. They apply together with our Shipping Policy, Returns, Refunds and Cancellations Policy, Warranty Policy and Privacy Policy. Rental of equipment is governed by our Rental Agreement and Rental Terms and Conditions, not these terms.
Where a signed supply agreement or an accepted quotation states a different position on a particular point, that document applies on that point. Otherwise these terms apply and override any terms in your purchase order or other document.
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Clause 14 explains how the Australian Consumer Law applies.
1. Quotations
A quotation is valid for 30 days from its date unless it says otherwise. It covers only the goods and services it lists. Installation, commissioning, unloading, site works, training, freight, travel and accommodation are included only where the quotation says so.
Prices for imported equipment are based on the exchange rate current at the date of the quotation. If the Australian dollar moves by more than 3% against the supplier's currency between the quotation date and the date we pay the overseas supplier, we may adjust the price for that movement, up or down, and will show you the calculation before invoicing.
A quotation is an invitation to order. A contract is formed when we accept your order in writing (including by email or by issuing an order confirmation or invoice) or when we start work or dispatch the goods, whichever happens first.
2. Orders through the website
Product listings on our website invite you to place an order; an automated order acknowledgement is not acceptance. A contract for a cart order is formed when we confirm acceptance in writing or dispatch the goods, whichever happens first. You may withdraw a cart order at any time before then and we will refund any payment in full.
Before accepting an order we check stock, the delivery address and payment. We may decline an order where stock is unavailable, the address cannot be served, the listing contains an error, or we reasonably suspect fraud. We will tell you promptly and refund any payment made for a declined order. If a pricing or description error affects your order we will tell you and ask whether you wish to proceed at the correct price; we will not charge more or substitute different goods without your agreement.
The cart delivers within Australia only. For delivery outside Australia, ask us for a delivered price.
3. Prices and GST
Prices are in Australian dollars and exclude GST unless stated otherwise. GST is added at the rate that applies at the time of supply and is shown separately on the checkout summary, quotation and tax invoice. Freight, dangerous-goods handling and other charges are shown before you commit to an order or are itemised in the quotation.
Prices on the website may change without notice; the price that applies is the price shown when your order is accepted. Prices in an accepted quotation are fixed for the goods and services it covers, subject to clause 1 (exchange rates) and clause 8 (variations).
4. Payment
Cart orders are paid in full at the time of ordering through our payment provider. Card details are entered directly with the payment provider; we do not see or store full card numbers.
Machines supplied from stock are paid in full before dispatch. Custom-built and made-to-order machines are paid 60% on order, 30% before dispatch and the final 10% on the earliest of: the day you first run the machine; installation and handover by us; or 7 days after delivery. The final 10% is part of the price, not a retention. A problem with the machine is dealt with under our Warranty Policy and the Australian Consumer Law and is not a reason to withhold it; failure to pay it when due is a breach of these terms and clause 7 applies. Services are paid on completion. A quotation may state a different schedule, which then applies.
Trade accounts are available to approved business customers only, on application and at our discretion, for chemicals, filter bags, spare parts and services. Account invoices are due 30 days from the invoice date. We set a credit limit on each account and may change, reduce or withdraw it at any time on notice; an order that would take the account past its limit is paid before dispatch. Machines and equipment are never supplied on account: they are paid as set out above, and holding a trade account does not change that.
If an undisputed amount (see clause 7 for what counts as disputed) is overdue, we may charge interest on it at 10% per year, calculated daily from the due date until payment, and recover our reasonable costs of collection, including collection agency and legal costs. While an undisputed amount is overdue and after we have given you written notice and 10 business days to pay, we may suspend further deliveries, services and services under our express warranty until the account is brought up to date. Suspension does not extend the warranty period and does not affect any right you have under the Australian Consumer Law.
You may not withhold or set off payment because of a claim against us unless a court or tribunal has determined the claim or we have agreed the amount in writing. This clause does not apply to an amount you are entitled to withhold by law.
5. Delivery
Delivery arrangements are set out in our Shipping Policy. Where goods are imported or made to order, we advise the expected lead time in the quotation or, for a cart order, in the order confirmation. If that lead time is more than 14 days, you may cancel the order for a full refund instead of confirming it; the order proceeds when you confirm the lead time, and a lead time stated in a quotation is accepted when you accept the quotation. Once confirmed, the order is binding on that lead time and clause 15 applies to any later cancellation. Delivery dates and lead times are estimates given in good faith; we will tell you promptly of any material delay and give a revised estimate. Delay does not entitle you to cancel unless the delay is unreasonable and continues for more than 14 days after you have given us written notice asking for delivery, or you otherwise have a right to cancel by law. To the extent the law permits, we are not liable for loss caused by delay in delivery.
If you cannot take delivery within 5 business days of our notice that the goods are ready, we may invoice every amount payable up to and including delivery, and after a further 5 business days charge reasonable storage and handling costs at the rate we notify to you.
You must provide safe, suitable access and any unloading equipment the quotation says you will provide. Reasonable documented costs caused by incorrect delivery information, a failed delivery you were responsible for, or site access that was not as agreed may be charged to you after we explain them.
6. Risk and insurance
Where we arrange freight, risk in the goods passes to you when they are delivered to the address you nominated, or unloaded at that address where unloading is part of our service. Where you collect the goods or arrange your own carrier, risk passes when the goods are handed over at our premises.
From the passing of risk until you have paid for the goods in full, you must keep them insured for their full replacement value and, if we ask, note our interest on the policy.
7. Ownership, use and software access until paid
Ownership of the goods stays with us until you have paid in full for those goods and every other amount you owe us in respect of them. Until then you hold them as our bailee, must keep them in good order and insured, must not sell, lease, encumber or move them from the delivery address without our written consent, and must not remove any plate, label or marking that identifies them as ours.
Until you have paid in full, your right to operate equipment we have supplied is a licence from us that depends on payment. If an undisputed amount for the equipment of at least 5% of its price is overdue and remains unpaid 10 business days after our written notice, we may withdraw that licence and require you to stop using the equipment until the amount is paid or another arrangement is agreed with us in writing. An amount is disputed only if you told us in writing, before it fell due, what you dispute and why.
Equipment we supply may be fitted with software access controls that we retain the right to set. Where we have withdrawn your licence under this clause, we may use those controls, remotely or on site, to prevent the equipment being operated. We will give you at least 2 business days' written notice before doing so; we will not do so in a way that creates a safety hazard or damages the equipment or the parts in it (the machine completes or safely ends the cycle in progress first); your recipes, process records and data are preserved; and we restore access within 1 business day of receiving payment. We are not liable for loss you suffer from a lock-out carried out in accordance with this clause, and we will not use access controls to withhold any remedy you are entitled to under the Australian Consumer Law.
If you fail to pay when due, become insolvent, or breach these terms in a material way, we may enter any premises where the goods are kept, during normal hours and with reasonable notice where practicable, to inspect and retake possession of them. You give us an irrevocable licence to do so, and you must hold the proceeds of any sale of the goods on trust for us up to the amount you owe.
8. Specifications, variations and made-to-order equipment
Goods are supplied to the specification in the accepted quotation or, for standard products, to our published specification at the time of order. We may make minor changes that improve performance, safety or supply without reducing the agreed performance. A change you request to scope, specification, site conditions or programme is a variation; we will quote its effect on price and time before proceeding and it takes effect when you accept the quotation.
A machine is accepted on the earliest of: handover after commissioning by us; the day you first run it; or 7 days after delivery where we do not install it. Running the machine is acceptance. Acceptance confirms that the equipment meets the agreed specification and makes the final payment due; any acceptance criteria in the quotation are checked at commissioning and any shortfall is corrected under our Warranty Policy. Acceptance does not affect our warranty or any right you have under the Australian Consumer Law.
Information you give us about your parts, contamination, materials, throughput and cleanliness requirements is the basis of our design and recommendation. If that information is incomplete or inaccurate and the equipment or process does not perform as a result, the work needed to correct it is a variation.
Finish of fabricated equipment. Our machines are industrial fabrications in stainless steel, not consumer appliances. Welding, grinding, polishing, forming and handling leave their marks: weld seams and heat tint, grind and polish patterns, minor scratches, small dents and surface marks, slight differences in finish between panels, and differences in appearance from drawings, renders and photographs. These are part of fabrication. They do not affect the function, performance, safety or service life of the machine; they are not defects; and they are not grounds for a warranty claim or for rejecting the machine. Where a particular surface finish matters to your application — a specified polish grade, a food-contact or cleanroom finish — it must be stated in the quotation and is then supplied to that standard. Nothing in this clause limits your rights under the Australian Consumer Law.
9. Installation and commissioning
Where installation or commissioning is quoted, you must have the site ready before our technician attends: a level, load-bearing floor; power, water, drainage, compressed air and extraction to the specification we give you; safe access; and any permits, inductions and site-specific requirements. We will tell you what is needed in writing before the visit.
If our technician cannot start or complete the work because the site is not ready, or is delayed by your requirements, we may charge for the lost time, travel and any return visit at our published service rates. Electrical connection to your supply must be carried out by a licensed electrician; where we do not quote it, you arrange it.
Where we have agreed to commission the machine, you must not energise, start or operate it, or connect it to power, water or other services, before our technician has commissioned it and handed it over. Ultrasonic equipment run before its generators, transducers, heating, level controls and chemistry have been set up can be damaged in minutes. If you or anyone else operates the machine before handover: our express warranty on the machine is void; any fault or damage caused by that operation is not a defect and is assessed and repaired at your cost at our published service rates, parts included; the machine is taken to have been accepted under clause 8 and every amount then due, including the final payment, remains payable in full; and the commissioning visit may be rescheduled at your cost. This does not affect any right you have under the Australian Consumer Law in respect of a defect that existed before the machine was operated.
We will demonstrate operation and basic maintenance to your nominated staff at commissioning where it is quoted. Further training and process development are quoted separately.
10. Services, cleaning trials and contract cleaning
Trials. Our first step is a technical consultation. Where that shows a trial is warranted, we write a trial protocol with acceptance criteria, quote it, and run it after payment. You receive a written trial report. If you then order the machine or system the trial was quoted against, the trial fee is credited in full against that order. We do not offer free trials, sale-or-return or satisfaction guarantees.
Parts you send us. For trials and contract cleaning you must tell us what your parts are made of, what they are contaminated with, and any hazard, and supply the relevant Safety Data Sheet. Parts are at your risk while in transit to and from us and while with us, except for loss or damage caused by our negligence. We may refuse or return parts we consider unsafe to handle. Waste generated from your parts is disposed of lawfully; where contaminants require special disposal we will tell you and charge the cost.
Results. A trial or cleaning result is specific to the parts, contamination and conditions tested. It shows what the process achieved on those parts; it is not a guarantee of the same result on different parts, contamination or conditions, and it does not establish sterility, disinfection, oxygen-service cleanliness or any other regulated outcome unless the protocol was written and validated for that outcome.
Servicing, repairs and remote support are provided at the rates and on the terms in the relevant quotation or service agreement. Machines fitted with remote support connect to our systems for diagnostics and support; you consent to that connection, to our accessing the machine's diagnostic and process data for support, warranty and clause 7, and to our handling that data in accordance with our Privacy Policy.
11. Your obligations when using the goods
You must install, operate and maintain the equipment in accordance with the manual and any process instructions we provide; use it within its stated temperature, concentration, loading and duty limits; use only chemistry that is compatible with the tank and components; not use flammable solvents in equipment not designed and marked for that purpose; and not remove or defeat guards, interlocks or safety controls. Chemicals must be stored, handled, used and disposed of in accordance with the label, the Safety Data Sheet and the law that applies at your site.
Work health and safety at your site is your responsibility. Before the equipment or chemicals are used you must carry out your own risk assessments, safe work method statements, safe operating procedures, inductions and operator training for them, in the context of your workplace, your people and your process, and keep them current. The manuals, process cards, Safety Data Sheets, commissioning demonstrations, training and advice we provide are information to support those assessments. They are general to the equipment and chemistry, they are not an assessment of your workplace, and you must not rely on them as a substitute for your own. This clause does not reduce our duties as a supplier of plant and chemicals under work health and safety law to supply products that are safe when used as intended and to provide information about their safe use.
You are also responsible for personal protective equipment, ventilation and spill control at your site, and for complying with the dangerous goods, environmental and licensing requirements that apply to your operation.
12. Intellectual property and confidential information
We own all intellectual property in our equipment, designs, drawings, software, process cards, trial protocols and reports, documentation and website content, including improvements developed while supplying you. You receive a non-exclusive licence to use them for operating and maintaining the goods and services we supply to you. You must not copy, reverse-engineer or supply them to a competitor of ours.
Our quotations, proposals, drawings, process recommendations, trial protocols and reports contain our trade knowledge and are supplied in confidence, whether or not they are marked confidential, for the sole purpose of your evaluating a supply from us. You must not disclose them, in whole or in part, to anyone outside your organisation other than your professional advisers, and never to a competitor of ours. You must not use them, or the specification, design, sizing, chemistry or process information in them, to obtain quotations from anyone else, to prepare a specification or tender for anyone else, or to have equipment or a process built, modified or supplied by anyone else. These obligations apply whether or not you buy from us, continue after any contract ends, and are in addition to our rights in the intellectual property itself. Because damages may not be an adequate remedy, you agree that we may seek an injunction to stop a breach, as well as recovering our loss.
Where you supply drawings, specifications or designs, you warrant that using them will not infringe anyone else's rights and you indemnify us against claims that it does. Each party must keep the other's confidential information confidential and use it only for the purposes of the supply, except where disclosure is required by law.
13. Promotional photography and references
This clause applies to equipment, systems and services supplied under a quotation; it does not apply to cart orders. Unless you tell us otherwise in writing before delivery, you agree that we may photograph and film the equipment, chemicals or services supplied, including during delivery, installation, commissioning, servicing and trials at your site; use those photographs and films and your business name and logo in our marketing, including our website, case studies, brochures, social media, trade shows and tenders; and name you as a reference for what we supplied.
We will not show or describe any process, product, drawing, person or information you identify to us as confidential, and we will not photograph people without their consent. You may withdraw this permission at any time by emailing [email protected]; we will stop new use within 14 days, but material already published or printed may remain.
14. Warranty, consumer guarantees and liability
Our Warranty Policy sets out the express warranty we give on equipment and how to claim. It applies in addition to any rights you have under the Australian Consumer Law.
You buy from us as a business for use in your operations, as the opening statement of these terms records. Our machines, chemicals and filtration products are not goods of a kind ordinarily acquired for personal, domestic or household use. Chemicals, filter media and other consumables that you buy to use up in cleaning or treating other goods in the course of your business are generally not consumer purchases under the Australian Consumer Law, and neither is a purchase priced above $100,000; for those supplies the paragraph below on supplies outside the Australian Consumer Law governs.
Where the Australian Consumer Law does apply to your purchase — for example a machine priced at $100,000 or less bought for your own use — our liability for a failure to comply with a consumer guarantee is limited, as section 64A of that law permits for goods and services not of a kind ordinarily acquired for personal, domestic or household use and where it is fair and reasonable, to one of the following at our option: for goods, repairing or replacing them, supplying equivalent goods, or paying the cost of doing so; and for services, resupplying them or paying the cost of resupply. You acknowledge that these terms were available to you before you ordered, that you were free to buy elsewhere on other terms, and that this limitation is fair and reasonable for an industrial supply to a business.
Where the Australian Consumer Law does not apply to a supply, and to the extent the law permits: we exclude all conditions, warranties and guarantees other than those expressly set out in these terms and our Warranty Policy; we are not liable for loss of profit, revenue, production, contract or opportunity, or for indirect or consequential loss, however arising; and our total liability arising out of a supply, whether in contract, tort (including negligence), statute or otherwise, is limited to the price paid for the goods or services that gave rise to the claim.
Nothing in these terms excludes liability for fraud, for misleading or deceptive conduct, for death or personal injury caused by our negligence, or for any other liability that cannot be excluded by law. You indemnify us against claims by third parties to the extent they arise from your misuse of the goods, your breach of these terms or your negligence.
15. Cancellation
You may cancel an order at no charge at any time before we accept it. After acceptance, cancellation of standard stock items is at our discretion and our Returns, Refunds and Cancellations Policy applies.
Custom-built and made-to-order machines may be cancelled only by written notice that we receive at least 14 days before the fabrication start date stated in our order confirmation. On such a cancellation we refund your payments less our documented costs to that date: design and engineering time, and materials or components ordered for your machine that we cannot return or reuse. We give you a statement showing the calculation.
Cancellation notified less than 14 days before the fabrication start date, or after fabrication has started, incurs a cancellation charge of 80% of the contract price. The parties agree this is a genuine pre-estimate of our loss on equipment built to your specification — materials, labour, supplier commitments and lost margin — and that such equipment has little or no resale value. Payments you have already made are applied to the charge and any balance is payable within 7 days of cancellation. If we later complete and sell the equipment to someone else, we credit you the net proceeds up to the amount of the charge you paid.
Special orders, imported goods ordered for you and services already started may be cancelled only by agreement, and you must pay our reasonable costs and losses caused by the cancellation, which we will show you in a statement.
If you cancel because we are in breach of the contract or because a law gives you the right to cancel, the deductions above do not apply and your legal remedies take priority.
We may cancel an order by notice if you fail to pay an amount when due after we have given you 10 business days' written notice, if you become insolvent, or if you breach these terms in a way that cannot be remedied or is not remedied within 14 days of our notice. We will refund any payment for goods or services not supplied, less amounts you owe us.
16. Events outside our control
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including supplier and shipping delays, industrial action, fire, flood, epidemic, government action and failure of utilities or carriers, provided we tell you promptly and take reasonable steps to limit the effect. If such an event delays supply by more than 120 days, either party may cancel the affected part of the order and we will refund payments for goods and services not supplied, less our reasonable unrecoverable costs on made-to-order items where the event is not our fault.
17. General
These terms and the documents they refer to contain the whole agreement for the supply. This does not exclude liability for representations that cannot be excluded by law. We may subcontract parts of the work but remain responsible for it. You may not assign the contract without our consent. Notices must be in writing to the addresses on the quotation, invoice or order. If any provision is unenforceable it is severed to the extent necessary and the rest continues to apply. A waiver must be in writing. We may update these terms for future orders by publishing a new dated version; an accepted order is governed by the version that applied when it was accepted.
These terms are governed by the laws of Victoria, Australia. If a dispute arises, each party will first try to resolve it by discussion between senior representatives within 21 days of one party's written request. Either party may then start proceedings in the courts of Victoria, to whose non-exclusive jurisdiction the parties submit. Nothing in this clause prevents you from taking a matter to a consumer protection agency or tribunal.
18. Contact
Misonics Pty Ltd | ABN 50 659 454 681
Email: [email protected] | Telephone: 1300 647 664 (1300 MISONICS) | 8:00 am to 5:00 pm AEST, Monday to Friday
Office: 4527 G, 470 St Kilda Road, Melbourne VIC 3004
Last updated 7 September 2026. Misonics Pty Ltd, ABN 50 659 454 681, 4527 G, 470 St Kilda Road, Melbourne VIC 3004 · [email protected] · 1300 MISONICS (1300 647 664).