Terms and Conditions of Sale | Hexforge Industries

Effective date: 31^st July, 2026
Last updated: 31^st July, 2026

1. Parties

These Terms and Conditions of Sale apply to products and services supplied by KRISTOPHER JON OPFERKUCH, trading as Hexforge Industries, ABN 90 347 737 312.

In these Terms:

Customer, you and your mean the person or organisation purchasing or requesting products or services.
Hexforge Industries, Hexforge, we, us and our mean the supplier identified above.
Goods means physical products supplied by us.
Services means design, printing, fabrication, modelling, painting, repairs, alterations, installation, consulting or other work performed by us.
Custom Work means Goods or Services manufactured, designed, altered or obtained specifically for a Customer.
Order means an accepted quotation, online order, written work order or other confirmed purchase.
Specification means the agreed description, design, dimensions, materials, tolerances, finish, scope and requirements for an Order.
ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Application and acceptance

These Terms apply to all Orders unless a written agreement expressly states otherwise.

You accept these Terms when you:

place an online Order;
accept a quotation;
sign a work order;
pay a deposit or invoice;
provide written approval to begin work; or
otherwise instruct us to proceed after receiving these Terms.

The contract consists of:

the accepted quotation or Order confirmation;
any written project-specific terms;
these Terms;
our Shipping, Returns and Refunds Policy;
our Warranty and Workmanship Policy; and
any approved Specification.

Where documents conflict, the document listed earlier above takes priority to the extent of the inconsistency.

3. Authority to order

You represent that:

information you provide is accurate;
you are legally capable of entering into the Order;
you are authorised to act for any organisation named in the Order; and
you have authority to supply all files, designs, branding and other materials provided to us.

4. Quotes

Unless otherwise stated:

quotes are in Australian dollars;
consumer prices include GST where GST applies;
quotes remain valid for 30 calendar days;
quotes are based on the information available when issued;
delivery, installation and third-party fees are included only where expressly listed; and
work outside the listed scope is not included.

A quote may be revised before acceptance if:

the Customer changes the scope;
measurements or specifications change;
supplied information was inaccurate or incomplete;
material or third-party costs change;
site conditions differ materially from information provided; or
previously unknown technical requirements are discovered.

After acceptance, a price will only be changed in accordance with an agreed variation or another lawful contractual basis.

5. Pricing errors

We may correct an obvious typographical, calculation or system error before accepting an Order.

Where an Order has already been accepted or paid for, we will not unilaterally impose a materially increased price. We will contact you and seek agreement to a reasonable correction or provide an appropriate cancellation and refund option.

6. Deposits

Custom Work may require a deposit before design, purchasing or production begins.

Unless the quote states otherwise, the recommended deposit is:

50% for Custom Work;
100% for low-value or online Orders; or
another amount stated in the quotation.

Deposits are applied toward the final price.

A deposit is not automatically forfeited merely because an Order is cancelled. Where cancellation is permitted, we may retain or charge only a reasonable amount reflecting:

work already performed;
approved design time;
non-returnable materials;
supplier cancellation fees;
customised components;
administration reasonably undertaken; and
other loss reasonably resulting from the cancellation.

We will provide a reasonable explanation or calculation when retaining part of a deposit.

Nothing in this section limits rights under the ACL.

7. Payment

Payment must be made using an accepted payment method and by the date stated on the invoice.

Unless otherwise agreed:

deposits must clear before work begins;
progress payments must be made at the specified milestones;
final payment must be made before dispatch, collection or release of final files; and
ownership of Goods does not pass until all amounts relating to the Order have been paid.

We may suspend work while an amount is overdue after giving reasonable notice.

For business customers, we may recover reasonable external debt-recovery costs caused by an undisputed overdue debt, to the extent permitted by law.

8. Custom project process

A Custom Work Order may involve:

initial consultation;
estimate or quote;
deposit;
design or preparation;
proof, render or sample;
Customer approval;
production;
final inspection;
final payment; and
dispatch, collection or installation.

The precise process may vary by project.

9. Customer approvals

Where we submit a proof, render, drawing, model, colour selection, prototype or Specification for approval, you must check:

spelling;
wording;
dimensions;
quantities;
orientation;
scale;
colour and finish selections;
file version;
design features;
assembly requirements; and
intended use.

Approval authorises us to proceed on the basis of the approved material.

We remain responsible for performing the agreed work with due care and skill. However, we are not responsible for an error that appeared clearly in approved material and was not caused by our failure to follow your instructions.

Changes requested after approval may require a variation, additional payment and revised completion date.

10. Variations

A variation includes a requested or necessary change to:

scope;
dimensions;
quantity;
materials;
design;
finish;
delivery;
installation;
timing; or
technical requirements.

Before completing material additional work, we will seek approval of:

the change;
any price adjustment; and
any effect on timing.

Urgent work reasonably necessary to prevent damage or a safety risk may be undertaken without prior approval where it is not reasonably practicable to contact you. We will notify you as soon as practicable.

11. Customer-supplied measurements and information

You are responsible for the accuracy of measurements, files, specifications and other information you supply.

Where practical, we may identify an obvious inconsistency, but we are not required to independently verify every customer-supplied measurement or technical detail unless verification is included in the Order.

We are not responsible for rework caused solely by inaccurate customer-supplied information, except to the extent we contributed to the error or failed to exercise due care and skill.

12. Materials and availability

Materials may vary between manufacturing batches.

Where a specified material becomes unavailable, we will not substitute a materially different product without your approval.

We may propose an equivalent material. You may:

approve the substitute;
request another available option;
accept a reasonable revised timeframe; or
cancel any materially affected uncompleted portion and receive a refund for that portion where no reasonable substitute is acceptable.

13. Custom manufacturing characteristics

Custom, handmade and additively manufactured products may display minor variations.

Depending on the product, disclosed characteristics may include:

visible print layers;
support-contact marks;
slight seam lines;
minor sanding or finishing marks;
small colour variations;
wood grain and natural material variation;
slight variation from digital renders;
normal curing or shrinkage variation;
minor variations between hand-painted items; and
reasonable dimensional tolerances.

A disclosed characteristic consistent with the approved description, sample, price and intended function will not by itself constitute a defect.

This does not permit us to supply Goods that fail to meet applicable consumer guarantees or the agreed Specification.

14. Three-dimensional printing

Unless otherwise agreed:

FDM products may show layer lines and support marks;
resin products may require post-curing;
resin and thermoplastic parts may deform under excessive heat;
printed parts may not be suitable for food contact, children, structural loads, vehicles, electrical systems or safety-critical applications;
orientation may affect surface finish and strength;
colours shown digitally may not precisely match physical filament or resin; and
stated dimensions are subject to the agreed manufacturing tolerance.

The intended application must be disclosed before ordering where strength, temperature, chemical resistance, electrical properties or regulatory compliance is important.

We do not certify a printed item for a regulated or safety-critical use unless certification is expressly included in the written Specification.

15. Models, miniatures and painting

Unless otherwise specified:

painting and weathering involve artistic judgement;
reference images guide the agreed direction but are not always exact duplicates;
minor colour and placement variations may occur;
commercially supplied miniatures may contain manufacturer defects;
fragile parts require careful handling; and
tabletop-use finishes will experience ordinary wear over time.

The quotation should specify the agreed painting standard, colour scheme, basing, assembly and any magnetisation or conversion work.

16. Furniture, alterations and fabricated items

Natural materials may change with temperature and humidity and may contain variations in grain, tone and texture.

The Customer must follow provided care, load, installation and environmental instructions.

Where you supply site measurements or decline a site measure offered as part of the quote, you are responsible for losses caused solely by inaccurate measurements you supplied.

We are responsible for errors in measurements taken by us.

17. Customer-supplied property

Customer-supplied models, miniatures, parts, furniture, electronics, materials and other property should be disclosed accurately, including known:

damage;
previous repairs;
modifications;
fragility;
contamination;
hidden fasteners;
coatings;
electrical faults; and
material limitations.

We will exercise reasonable care while property is in our possession.

We are not responsible for failure caused solely by:

pre-existing defects;
hidden damage;
aged or degraded materials;
undisclosed modifications;
incompatible coatings or adhesives; or
inaccurate information supplied by the Customer.

This does not exclude liability where we fail to exercise due care and skill.

18. Intellectual property supplied by the Customer

You must not ask us to reproduce material unless you have the legal right or permission to do so.

You warrant that customer-supplied:

logos;
artwork;
trademarks;
photographs;
CAD files;
3D models;
scans;
characters;
designs; and
other content

may lawfully be used for the Order.

We may request evidence of licensing or authority and may decline work reasonably suspected of infringing intellectual property rights.

You are responsible for loss reasonably incurred because material you supplied was unlawful or infringed another person’s rights, but only to the extent caused by your breach and not to the extent caused by our negligence or misconduct.

19. Hexforge intellectual property and design files

Unless the quote expressly transfers ownership:

you retain ownership of your pre-existing materials;
we retain ownership of our pre-existing tools, processes, templates, methods, software and know-how;
we retain ownership of preliminary concepts and rejected designs;
ownership of a physical product does not automatically transfer copyright or design-file ownership; and
payment for design work does not automatically include editable source, CAD or production files.

Upon full payment, you receive the licence or ownership rights expressly stated in the quotation.

A licence for a final design is limited to the stated purpose. Commercial reproduction, resale, sublicensing or mass manufacture requires written permission unless already included.

20. Unlawful, unsafe and restricted work

We may refuse or stop work that we reasonably believe:

is unlawful;
infringes intellectual property;
is intended for fraud or counterfeiting;
creates an unreasonable safety risk;
involves prohibited or regulated items without proper authority;
requires a licence or certification we do not hold;
is intended to deceive others about authenticity;
contains abusive or extremist material; or
cannot be performed safely.

Where an Order is stopped for these reasons, charges will be limited to reasonable work, materials and non-recoverable costs already incurred, subject to applicable law.

21. Lead times

Production and completion dates are estimates unless expressly described as guaranteed.

Lead times may depend on:

Customer approvals;
material availability;
supplier lead times;
equipment availability;
design complexity;
print or manufacturing failures;
drying or curing time;
delivery carriers;
weather;
site access; and
circumstances outside reasonable control.

We will provide reasonably accurate information available at the time and notify you of a material delay as soon as reasonably practicable.

Where a material delay means we cannot supply within an agreed or reasonable time, you may be entitled to cancel the affected portion and receive an appropriate refund.

22. Customer delays

A completion date may be extended where the Customer delays:

providing information;
making selections;
approving proofs;
providing site access;
supplying materials; or
making an agreed payment.

We will not charge additional amounts solely because of a minor delay. Additional storage, remobilisation or administration charges may apply where disclosed, reasonable and caused by a substantial Customer delay.

23. Cancellation before work begins

For non-custom stocked Goods, cancellation may be accepted before dispatch.

For Custom Work, cancellation is subject to:

work completed;
materials ordered;
third-party commitments;
whether the item can reasonably be resold; and
loss reasonably caused by cancellation.

Any cancellation amount must be a reasonable recovery of loss and not a penalty.

24. Cancellation after production begins

Once Custom Work has commenced, we may deduct reasonable amounts for:

completed design and labour;
manufactured components;
used materials;
specially ordered materials;
supplier fees; and
other non-recoverable project costs.

Any remaining prepaid amount will be refunded.

Cancellation restrictions do not apply where you are entitled to cancel because we have breached the contract or an applicable consumer guarantee.

25. Suspension or cancellation by Hexforge

We may suspend or cancel an Order where:

payment remains overdue after reasonable notice;
required information or approval is not provided;
the work becomes unlawful or unsafe;
the Customer engages in serious abusive conduct;
required materials become permanently unavailable;
a technical assessment shows that the requested outcome is not reasonably achievable; or
circumstances outside our reasonable control prevent performance.

Where cancellation is not caused by your breach, we will refund payments for Goods or Services that will not be supplied, less any amount lawfully payable for work you retain or have already received.

26. Delivery, title and risk

Delivery is governed by our Shipping, Returns and Refunds Policy.

Title to Goods remains with us until the applicable Order has been paid in full.

For consumer deliveries, risk passes when the Goods are delivered to you, your nominated recipient or another location as lawfully agreed.

You must inspect deliveries reasonably promptly and notify us of apparent transit damage. Failure to notify us immediately does not remove any non-excludable consumer rights.

27. Installation and site access

Where installation is included, the Customer must provide:

safe and lawful access;
accurate site information;
a clear work area;
necessary permissions;
suitable utilities where required; and
notice of known hazards.

We may stop work if site conditions create an unreasonable risk.

Additional work caused by undisclosed site conditions will require approval as a variation unless urgently required to prevent harm.

28. Consumer guarantees

Our Goods and Services come with consumer guarantees that cannot be excluded where the ACL applies.

Depending on the circumstances, these may include guarantees that Goods:

are of acceptable quality;
match their description, sample or demonstration model;
are fit for a disclosed purpose;
comply with express warranties; and
have clear title.

Services must generally be provided:

with due care and skill;
fit for a disclosed purpose; and
within the agreed time or a reasonable time where no time is agreed.

Remedies depend on whether a failure is major or minor and may include repair, replacement, resupply, refund, cancellation or compensation.

29. Liability

Nothing in these Terms excludes or limits rights or liabilities that cannot legally be excluded.

To the extent permitted by law, we are not responsible for loss caused solely by:

use contrary to instructions;
unauthorised alteration or repair;
abnormal impact or misuse;
inaccurate customer-supplied specifications;
unapproved use in a safety-critical application;
ordinary wear and tear;
failure to perform reasonable maintenance; or
an event outside our reasonable control.

For a supply that is not a consumer supply, and only where permitted by law, our liability may be limited to one or more of:

resupplying the Services;
paying the reasonable cost of resupply;
repairing the Goods;
replacing the Goods; or
paying the reasonable cost of repair or replacement.

30. Dispute resolution

A party raising a dispute should provide:

the Order or invoice number;
a description of the issue;
relevant photographs or documents; and
the proposed resolution.

The parties will first attempt to resolve the issue directly and in good faith.

Nothing in this section prevents either party from seeking urgent relief or exercising rights through NSW Fair Trading, a court, tribunal, regulator or another lawful process.

31. Governing law

These Terms are governed by the laws of New South Wales, Australia.

32. Contact details

Hexforge Industries
Legal entity: KRISTOPHER JON OPFERKUCH
ABN: 90 347 737 312
Address: 2L Torwood Rd, Dubbo, NSW AUSTRALIA 2830
Email: admin@hexforge.com.au
Telephone: +61435 833 788
Website: www.hexforge.com.au