Terms and Conditions of Sale – indyLiving Technologies

indyLiving Technologies — ABN 89 681 652 442 (the “Company”, “we”, “us”, “our”)
451 Pulteney Street, Adelaide SA 5000, Australia
Phone: +61 1300 900 111 — Contact form

These Standard Terms and Conditions of Sale (“Terms”) govern all goods sold by the Company through indylt.com.au and through any other channel under the indyLiving Technologies trading name. By placing an order with the Company, the customer (“you”, “your”) agrees to be bound by these Terms.

Additional terms apply to wholesale and business-to-business customers, set out in sections 17 to 19 below. Where there is any inconsistency, the wholesale-specific terms prevail for those customers.

Quick reference

Shipping policy: see section 6 below (Shipping and Delivery)
Returns policy: see section 8 below (Returns)
Refund policy: see section 9 below (Refunds)
Faulty or damaged goods: see section 10 below (Damaged, Faulty, or Incorrectly Supplied Goods)
Warranty: see section 12 below (Warranty and Limitation of Liability)
Your rights under Australian Consumer Law: see section 11 below (Australian Consumer Law)
Privacy: Privacy Policy
Contact: Contact form | +61 1300 900 111

1. Definitions

In these Terms: “Company” means indyLiving Technologies (ABN 89 681 652 442). “Customer”, “you”, or “your” means the person or entity purchasing goods. “Goods” means the products supplied by the Company. “Custom Goods” and “Project Goods” have the meanings given in section 18. “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). “PPSA” means the Personal Property Securities Act 2009 (Cth). “Warranty Period” has the meaning given in section 12. “Business day” means any day other than a Saturday, Sunday, or public holiday in South Australia.

2. Acceptance and Application

These Terms apply to all Goods sold by the Company and override any terms proposed by you, including terms set out on any order, purchase order, or other customer document. If you propose different terms, these Terms are deemed to be re-offered to and accepted by you on delivery of the Goods.

The Company may vary these Terms from time to time. The version in force at the time the Company accepts your order applies to that order.

These Terms, together with any order confirmation and any wholesale agreement signed by an authorised representative of the Company, constitute the entire agreement between the parties in relation to the Goods. No prior representations, statements, or understandings are binding unless recorded in writing and signed by a representative of the Company of the status of General Manager or above.

3. Pricing

All prices on indylt.com.au are displayed in Australian Dollars (AUD) and are inclusive of GST unless otherwise indicated.

Prices may change without notice. The price applicable to your order is the price displayed at the time the order is accepted by the Company.

The Company makes reasonable efforts to ensure pricing accuracy. Where a pricing error is identified after an order has been placed but before dispatch, the Company will contact you and either honour the displayed price, offer the corrected price for confirmation, or cancel the order with a full refund of any amount paid.

4. Orders

Orders are placed by submitting an order through indylt.com.au. Submitting an order constitutes an offer by you to purchase the Goods at the prices and on the Terms set out at checkout.

An order is only accepted when the Company has both processed payment and sent an order completion email. Prior to sending an order completion email, the Company reserves the right to decline any order, including (without limitation) where Goods are unavailable, where there is a suspected pricing or product description error, where the Company is unable to verify payment, or where the order appears to be fraudulent.

You are responsible for ensuring that order details, including delivery address, contact information, and product selection, are correct at the time of placing the order. The Company is not responsible for losses arising from inaccurate order information supplied by you.

5. Payment

Payment is required at the time of order through the payment methods displayed at checkout. The Company uses third-party payment processors and does not store full payment card details.

Payment is taken in Australian Dollars. If your payment card is denominated in another currency, your card issuer may apply a currency conversion or international transaction fee, for which you are responsible.

Wholesale customers approved for extended payment terms are subject to the payment provisions in section 17.

6. Shipping and Delivery

Delivery locations: The Company ships to addresses within Australia. International delivery may be arranged on request, subject to additional charges and conditions.
Processing time: Orders are typically processed and dispatched within 1–3 business days of payment being received and the order being accepted.
Delivery time: Standard delivery within Australia typically takes 3–10 business days from dispatch, depending on the destination. Remote and regional areas may take longer. Estimated delivery times are indicative only and not guaranteed.
Shipping cost: Shipping is calculated at checkout based on order weight, dimensions, and destination. Where free or flat-rate shipping is offered, the applicable conditions are displayed at checkout.
Tracking: Where applicable, tracking information is provided by email once Goods have been dispatched.
Off-loading: You are responsible for providing all necessary labour and equipment to safely off-load Goods at a reasonable access point at the delivery address. Any additional charges arising from delays or actions caused by you (including failed delivery attempts, redelivery, or storage) are payable by you.
Packaging: You are responsible for the disposal of packaging, shipping materials (including pallets and skids), and any excess or unwanted Goods, at your cost.
Part-delivery: The Company may deliver Goods in instalments. Each instalment is deemed a separate contract. Failure to deliver any one instalment does not entitle you to repudiate any other instalment or the order as a whole.

7. Title and Risk

Risk in the Goods (including risk of deterioration, loss, or damage) passes to you on delivery. You are responsible for insuring the Goods from the point at which risk passes.

Title in the Goods does not pass to you until the Company has received payment in full for those Goods and for all other amounts you owe to the Company. Until title passes, the provisions in section 19 (Retention of Title and Security Interest) apply.

8. Returns

Subject to the Australian Consumer Law (see section 11), the Company accepts returns on the following conditions:

Returns must be requested within 30 days of delivery.
Goods must be unused, in their original undamaged packaging, with all accessories and documentation, and in a resaleable condition.
You are responsible for return shipping costs unless the return is due to a fault, error, or breach by the Company.
Goods lost or damaged in transit back to the Company are your responsibility unless return shipping was arranged and paid for by the Company.
A restocking fee of up to 15% of the Goods price may apply to change-of-mind returns, at the Company’s discretion, to cover handling and repackaging costs.
Custom Goods, Project Goods, made-to-order, and special-order Goods are not eligible for change-of-mind return (see section 18). This does not affect your rights under the ACL where the Goods do not meet a consumer guarantee.
No Goods will be accepted for refund or credit more than 60 days after the date of invoice except where required by the ACL.

How to return: Contact us via the contact form to initiate a return. Returns sent without a return authorisation may be refused or delayed.

9. Refunds

Refunds are assessed once returned Goods have been received and inspected by the Company.
Where a return is approved, the refund is credited to the original payment method used at checkout.
Refunds are typically processed within 5–10 business days of the returned Goods being received and approved. Your bank or card issuer may take additional time to credit your account.
Original shipping costs are not refundable for change-of-mind returns. Original and return shipping costs are refundable where the return is due to a fault, error, or breach by the Company.
Where a restocking fee applies under section 8, it will be deducted from the refund.
Where the ACL requires a remedy other than refund (such as repair or replacement), the Company will provide that remedy.

10. Damaged, Faulty, or Incorrectly Supplied Goods

You must inspect the Goods on delivery. If Goods arrive damaged, faulty, or are incorrectly supplied, you must notify the Company within 10 business days of delivery via the contact form, providing order details and (where possible) photographs of the damage or fault.

The Company will arrange, at its discretion and in accordance with the ACL, the Company warranty (section 12), and the manufacturer’s warranty terms, one or more of: repair of the Goods, replacement of the Goods, re-supply of equivalent Goods, or refund of the price paid.

Failure to notify the Company within 10 business days does not affect your rights under the ACL where those rights apply, but may limit the Company’s ability to address transit insurance and supplier warranty claims.

11. Australian Consumer Law

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and to 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.

Nothing in these Terms is intended to exclude, restrict, or modify the operation of the ACL or any other law where such exclusion, restriction, or modification would be void or contravene that law.

12. Warranty and Limitation of Liability

Company warranty. Subject to the conditions set out in this section and to your rights under the Australian Consumer Law (section 11), the Company warrants that Goods supplied by it will be free from defects in materials and workmanship for a period of 12 months from the date of delivery (the “Warranty Period”), unless a longer or shorter period is specified for particular Goods in the product description, manufacturer’s documentation, or order confirmation. The Company warranty is in addition to, and does not affect or limit, your rights under the ACL.

Manufacturer warranties. Where Goods are supplied with a separate manufacturer’s warranty, that warranty applies in addition to the Company warranty and the consumer guarantees under the ACL. The terms of the manufacturer’s warranty (including duration, claim procedure, and exclusions) are determined by the manufacturer and are supplied with or referenced by the Goods.

Remedies under the Company warranty. If Goods fail to conform to the Company warranty during the Warranty Period through no fault of the Customer, the Company will, at its discretion: (a) repair the Goods; (b) replace the Goods with equivalent Goods; (c) re-supply equivalent Goods; or (d) refund the price paid for the Goods.

Warranty exclusions. The Company warranty does not apply to: (a) fair wear and tear; (b) damage or failure caused by misuse, abuse, negligence, accident, or failure to follow the manufacturer’s instructions; (c) damage or failure caused by improper installation, configuration, commissioning, or maintenance by any person other than the Company or its authorised representatives; (d) damage or failure caused by modification, alteration, or repair by any person not authorised by the Company; (e) damage or failure caused by use of Goods with incompatible equipment or supplies, or in conditions outside the manufacturer’s specifications; (f) consumables, batteries, and items with a defined service life that have reached the end of that life; (g) cosmetic damage that does not affect the function of the Goods; or (h) Goods on which serial numbers, identification labels, or tamper-evident seals have been removed, altered, or defaced.

How to make a warranty claim. To make a Company warranty claim, contact us via the contact form within the Warranty Period with: (a) your order number or proof of purchase; (b) a description of the fault; (c) where possible, photographs or video evidence of the fault; and (d) details of when the fault arose and the use to which the Goods were put. The Company will respond with claim instructions, including (where required) a return authorisation. You are responsible for return shipping costs for warranty claims; if the warranty claim is upheld, return shipping costs are refunded by the Company.

ACL precedence. Nothing in the Company warranty excludes, restricts, or modifies any consumer guarantee that cannot be excluded under the Australian Consumer Law. Where a remedy is mandated by the ACL, that remedy applies regardless of the terms of the Company warranty.

Disclaimer of other warranties. The Company is a wholesaler and reseller of Goods. Except for the Company warranty set out in this section, the consumer guarantees under the ACL, and any applicable manufacturer’s warranty, the Company makes no representations or warranties of any kind, express or implied, in relation to the Goods, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the extent permitted by law.

You acknowledge that information contained in catalogues, price lists, photographs, brochures, advertising material, and product descriptions represents the Goods generally and is indicative only. Minor variations in appearance, specification, and packaging may occur and do not constitute a breach of these Terms or the Company warranty.

You warrant that the Goods will be installed, configured, maintained, and used (a) only for applications for which they are designed and rated, (b) in accordance with all manufacturer’s instructions, and (c) in accordance with all applicable laws, standards, and good industry practice, including being fully tested as safe prior to use.

Limitation of liability. Subject to section 11 and to the extent permitted by law, the Company’s liability arising from the supply of Goods, whether under the Company warranty, a manufacturer’s warranty, in contract, tort (including negligence), under statute, or otherwise, is limited at the Company’s discretion to: (a) repair of the Goods, (b) replacement or re-supply of equivalent Goods, or (c) refund of the price paid for the Goods giving rise to the liability.

To the extent permitted by law, the Company is not liable for any indirect, incidental, consequential, special, or punitive loss or damage, including (without limitation) loss of profit, loss of business opportunity, loss of data, damage to property other than the Goods, or personal injury arising from the supply or use of the Goods.

In no event will the Company’s aggregate liability exceed the price paid by you for the Goods giving rise to the liability.

13. Indemnity

To the extent permitted by law, you indemnify the Company and its directors, officers, employees, and agents against all losses, claims, demands, damages, costs (including legal costs on an indemnity basis), and liabilities arising from or in connection with: (a) your use, installation, configuration, or onward supply of the Goods; (b) your breach of these Terms; or (c) any negligent or wrongful act or omission by you or your agents in relation to the Goods.

14. Cancellation

You may request cancellation of an order prior to dispatch by contacting us via the contact form. Cancellation requests received before dispatch will generally be accepted and any payment refunded in full.

Once Goods have been dispatched, cancellation is not available; the returns process in section 8 applies.

Custom Goods and Project Goods cannot be cancelled once production has commenced. See section 18 for the full terms applicable to those Goods.

The Company reserves the right to cancel any order at any time prior to dispatch, including (without limitation) where Goods are unavailable, where a pricing or description error is identified, or where the Company is unable to verify payment. Where the Company cancels an order, any amount paid is refunded in full.

15. Privacy

Personal information collected through indylt.com.au is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). We do not sell personal information to third parties and only share it as required to fulfil orders or as required by law.

16. Intellectual Property

All content on indylt.com.au — including images, text, product descriptions, logos, designs, trade marks, and software — is the property of the Company or its licensors and is protected by Australian and international copyright and trade mark laws.

You may not reproduce, modify, distribute, publish, or commercially exploit any content from indylt.com.au without the prior written consent of the Company. You may not use the Company’s registered or unregistered trade marks, names, or logos without prior written consent.

The Company reserves copyright in all documents, drawings, and specifications produced by the Company or on the Company’s behalf in connection with the Goods.

17. Wholesale and Business-to-Business Customers

Wholesale, trade, and business-to-business customers approved by the Company may be eligible for extended payment terms and other commercial provisions, on application.

Where extended payment terms have been granted in writing by the Company, payment is due 30 days from the date of invoice or such other period specified in writing (the “due date”). Where payment is not made by the due date, the Company may suspend or cancel undelivered orders, withhold further supply, and take proceedings for recovery.

You must pay interest equal to 1.5% per month (or part thereof) on any amount overdue from the due date until paid. All payments are to be made without deduction, set-off, or counterclaim.

In consideration of the Company agreeing to supply Goods on extended payment terms, the directors of any corporate Customer jointly and severally guarantee payment of all amounts due to the Company by the Customer. This guarantee is continuing and is not affected by any indulgence given to the Customer, any composition or arrangement with the Customer, or the insolvency of the Customer. Any payment subsequently found to be a preferential payment is not a payment for the purposes of this guarantee.

The Company may require directors of a corporate Customer to sign a separate Extended Payment Terms application incorporating these guarantee provisions before extending payment terms.

18. Custom and Project Goods

Custom Goods means any Goods specifically made or modified in response to your design or specification requirements, including (without limitation) Goods that have been modified, combined, transformed, repackaged, or reconfigured for you, regardless of whether equivalent Goods are subsequently offered to other customers.

Project Goods means any Goods specifically supplied in response to project requirements and quantities provided by you, which fall outside the Company’s ordinary stock holdings, regardless of whether equivalent Goods are subsequently offered to other customers.

Payment terms for Custom Goods and Project Goods are strictly prepayment in full at the time of order, unless otherwise agreed in writing by the Company.

Orders for Custom Goods and Project Goods, once confirmed by the Company and paid for by you, are final and cannot be modified or cancelled. If you do not or cannot proceed after production has commenced, any amount paid is forfeit, without prejudice to the Company’s rights and remedies in respect of any balance owing.

Custom Goods and Project Goods are not eligible for change-of-mind return under section 8. The ACL guarantees in section 11 and the Company warranty in section 12 continue to apply.

19. Retention of Title and Security Interest (PPSA)

Until the Company has received payment in full for all Goods supplied and for all other amounts you owe to the Company:

The Company remains the owner of the Goods and you hold them as bailee.
You must store the Goods separately from other goods, keep them readily identifiable as the Company’s property, and maintain proper records of any sale or disposal.
You bear all risk in the Goods from delivery and must fully insure them.
You may not sell, dispose of, or grant any security interest over the Goods other than in the ordinary course of business.
You must hold the proceeds of any sale or disposal of the Goods (to the extent of the amount you owe the Company) in a separate account for the Company’s benefit and pay that amount promptly to the Company.

The Company retains a purchase money security interest in the Goods and in the proceeds of sale of the Goods under the PPSA. You consent to the Company registering its security interest under the PPSA and agree to do all things reasonably required by the Company to effect such registration. You waive any right under the PPSA to receive notice in relation to the registration of the Company’s interest. You must promptly notify the Company of any change that may affect the Company’s security interest, including any change of name, address, or control.

You authorise the Company to enter any premises occupied by you, during normal business hours, to inspect the Goods and to retake possession of the Goods at any time prior to payment in full. You acknowledge that this access is full, free, and unhindered and does not constitute trespass. You indemnify the Company against any liability or loss arising from the exercise of these rights.

20. Force Majeure

The Company is not liable for any failure or delay in performance of its obligations under these Terms where such failure or delay arises from causes beyond its reasonable control, including (without limitation): acts of God, fire, flood, earthquake, storm, or other natural disaster; war, terrorism, civil unrest, or government action; epidemic or pandemic; labour disputes or strikes (other than those of the Company’s own workforce); failure or interruption of utilities, transport, or telecommunications; supplier or manufacturer default; or cyber-attack.

Where a force majeure event continues for more than 30 days, either party may terminate the affected order on written notice. The Company will refund any amount paid for Goods not delivered prior to termination.

21. Notices

Notices to the Company must be sent via the contact form or to the registered office at 451 Pulteney Street, Adelaide SA 5000. Notices to you will be sent to the email or postal address you provided at the time of ordering. Notices are deemed received: if sent by email, on the day of transmission (provided no bounce or failure notice is received); if sent by post, three business days after posting; if delivered in person, on delivery.

22. Dispute Resolution and Governing Law

These Terms are governed by the laws of South Australia, Australia. The parties submit to the exclusive jurisdiction of the courts of South Australia and the courts entitled to hear appeals from those courts.

The parties will use reasonable endeavours to resolve any dispute through good-faith negotiation in the first instance. Where a dispute is not resolved within 21 days, either party may by written notice require the dispute to be referred to arbitration before commencing court proceedings. Arbitration is conducted in Adelaide under the Commercial Arbitration Act 2011 (SA), before a single arbitrator appointed by agreement or, failing agreement, by the President of the Law Society of South Australia. The arbitrator’s decision is final and binding subject to any right of appeal under that Act.

Reference of a dispute to arbitration does not affect your obligation to pay amounts when due. Amounts due must be paid in full without deduction or set-off pending resolution of any dispute.

Nothing in this section limits a consumer’s right to pursue remedies under the ACL or to seek assistance from a relevant ombudsman or consumer affairs body.

23. General Provisions

No waiver: Failure or delay by the Company in enforcing any provision of these Terms is not a waiver of that or any other provision.
Severability: If any provision of these Terms is or becomes illegal, invalid, or unenforceable, that provision is severed and the remaining provisions continue in full force.
Assignment: You may not assign or transfer your rights under these Terms without the Company’s prior written consent. The Company may assign its rights without consent.
Survival: Sections 7, 11, 12, 13, 16, 19, 21, and 22, and any other provision intended by its nature to survive, continue in force after the completion or termination of any order.
Entire agreement: These Terms, together with any order confirmation and any wholesale agreement, constitute the entire agreement between the parties in relation to the Goods and supersede all prior representations and understandings.
Headings: Headings are for convenience only and do not affect interpretation.

24. Contact

For all enquiries — including orders, shipping, returns, refunds, warranty claims, wholesale enquiries, or general questions — please contact us via the contact form on this website, or by phone on +61 1300 900 111.

Last updated: 01 May 2026. The Company may update these Terms at any time. The version in force at the time the Company accepts your order applies to that order.