Terms of Sale & Website Terms
Effective: 28 April 2026 · ToneCooling Australia Pty Ltd · ABN 96 653 174 040
These Terms of Sale & Website Terms ("Terms") govern your use of this website (tonecooling.com.au) and any commercial dealings between you and ToneCooling Australia Pty Ltd ("ToneCooling Australia", "we", "us"). These Terms are governed by the laws of Victoria, Australia, and any dispute is subject to the exclusive jurisdiction of the courts of Victoria.
1. Website Terms
1.1 Acceptable use
You agree not to use this website for any unlawful purpose, scrape automated content, attempt to compromise security, or impersonate another person. We reserve the right to suspend or terminate access for breach of these Terms.
1.2 Engineering reference content
Engineering reference content (design guides, AS/NZS reference, RFQ checklist) is provided for informational purposes only. While we take care to ensure accuracy, you remain responsible for engineering decisions on your specific programme. Always validate against your specific application, applicable AS/NZS standards, and licensed Australian electrical installer review.
2. Terms of Sale (B2B engineering supply)
These Terms apply to commercial sales of liquid cold plates and related products between ToneCooling Australia and business buyers. We do not sell to consumers (within the meaning of the Australian Consumer Law) — our products are intended for B2B engineering applications.
2.1 Acceptance of orders
A binding contract is formed when ToneCooling Australia issues an order acknowledgement to your purchase order. We may reject orders that fail Australian Sanctions Office screening, exceed our engagement scope , or for other commercial reasons.
2.2 Pricing, currency, GST
All prices quoted in Australian Dollars (AUD). Line pricing is typically GST-exclusive; 10% GST applied at invoice. Optional CN-USD parallel quote available on customer request. Prices are valid for 30 days from quotation date unless otherwise specified.
2.3 Payment terms
Commercial terms — currency, payment schedule, and incoterms — are agreed by separate written commercial agreement during the quotation process, in line with B2B engineering supply industry practice. Quotes are issued in AUD and remain valid for 30 days from issue unless otherwise specified. Specific commercial terms are confirmed on the order acknowledgement and may be modified by separate written agreement.
2.4 Incoterms and shipping
Default Various Incoterms supported. Optional DDP Australian capital city at premium pricing. Title to goods passes per Incoterms 2020. Risk passes per Incoterms 2020. ChAFTA Certificate of Origin issued by an authorised China-side body is supplied per shipment to support reduced AU import duty on HS 8419 / 8537 (typically 0–5% under ChAFTA).
2.5 Warranty
ToneCooling Australia warrants that products will conform to the published specification and be free from defects in materials and workmanship for 12 months from delivery (or as agreed in the commercial agreement, programme-specific). This warranty does not cover damage from improper installation, modification, abuse, normal wear, or use outside the published operating envelope.
2.6 Australian Consumer Law guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). For major failures, you are entitled to a refund or replacement and compensation for any reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Note: most of our products are sold for B2B use; some ACL guarantees that apply to consumer transactions may not apply to B2B supply.
2.7 Limitation of liability
To the extent permitted by law, our total liability for any claim is limited to the amount you paid for the product giving rise to the claim. We are not liable for indirect, consequential, or special damages (including lost profits or production downtime). This limitation does not exclude or restrict any guarantee under the Australian Consumer Law that cannot lawfully be excluded.
2.8 Compliance scope
Cold plates supplied are design-aware to the AS/NZS standards listed in our compliance documentation. Site-specific installation compliance (AS/NZS 5139 BESS installation, AS/NZS 4777.2 inverter installation, AS/NZS 3000 Wiring Rules) is the responsibility of the licensed Australian electrical installer at the deployment site.
2.9 Engagement scope
ToneCooling Australia serves civilian and commercial engineering programmes only. RFQs subject to Australian Sanctions Office screening before quotation.
2.10 Intellectual property
The TLP diffusion bonding process and other manufacturing IP at our Huizhou partner facility is owned by the ToneCooling group and protected under our invention patents portfolio. Customer-specific design IP exchanged under NDA remains owned by the customer; the underlying ToneCooling process IP is owned by ToneCooling and not transferable.
3. Force majeure
Neither party is liable for failure or delay caused by circumstances beyond reasonable control — including natural disasters, pandemics, war, sanctions, government actions, supply-chain disruptions affecting our Huizhou partner facility, or shipping disruptions. The affected party will give prompt notice and use reasonable efforts to resume performance.
4. Modern Slavery Act 2018 (Cth)
ToneCooling Australia operates under the Modern Slavery Act 2018 (Cth). Voluntary supply-chain transparency is applied to our manufacturing partner facility (IATF 16949-aligned, ISO 9001-certified, lot-traceable QMS).
5. Governing law and jurisdiction
These Terms are governed by the laws of Victoria, Australia. Any dispute arising under these Terms is subject to the exclusive jurisdiction of the courts of Victoria.
Compliance baseline. These Terms are structured around the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), Sale of Goods Act 1958 (Vic), and Modern Slavery Act 2018 (Cth). Lawyer review pending before final publication. Specific commercial terms may be modified by separate written commercial agreement.