SPACE TANK
Terms and conditions
For Product Sales please scroll down
Terms and Conditions for Website and Studio
Welcome to Space Tank studio, a business makerspace that provides studios, machinery and technology to niche manufacturers and applied technology startups. We foster collaboration, networking, knowledge sharing and productivity in the innovation and and startup community.
Our website www.spacetankstudio.com.au (the “Site”) is operated and provided by Space Tank Studio Pty Ltd ACN 164 280 755 (“We,” “Us,” “the studio” ”or “Space Tank Studio”).
We aspire to do the right, ethical and legal thing in bringing you this website and our studio service. We ask that you use the same judgment as you read, use, link to, and share the content hosted on the Space Tank Studio website as well as use our studio service.
When utilizing Space Tank Studio content, we ask that you give credit where appropriate and don’t edit our content – or content that belongs to others without permission. If we’ve made an error, please let us know. You can reach us at info@spacetankstudio.com.au
Whilst we believe you will do the right thing at all times, our lawyers, and hence we, require you to accept these terms and conditions.
These are the terms and conditions of Space Tank Studio. They govern all aspects of the services provided by the studio, the website and social media sites and are designed to protect the interests of all parties concerned and activities at the studio. These include health and safety of members, tenants, management and staff, the efficiency of service as well as fairness in relation to pricing and access to space and equipment.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. WHO DO THESE TERMS AND CONDITIONS APPLY TO?
1.1. These terms and conditions apply to anyone who purchases a membership, leases a studio or pays for an artist residency at Space Tank Studio.
1.2. These terms and conditions also apply to staff and management of Space Tank Studio.
2. DESCRIPTION OF SERVICE
Space Tank Studio provides affordable DIY access to machinery, technology, fabrication space and studios to creators.
3. GENERAL CODE OF CONDUCT AT SPACE TANK STUDIO
The general code of conduct will ensure a harmonious and safe work place. Safety and wellbeing is everybody’s responsibility.
3.1. Noisy fabrication work and use of loud machinery in the workshop is to be carried out between the hours of 8am to 6pm.
3.2. Quite work can be carried out between 8am to 11pm
3.3. Noisy work or any activity that is deemed unreasonably loud between 11pm and 6am is not prohibited.
3.4. Safety is every person’s responsibility.
3.5. Any person who enters the Space Tank Studio premises, understand they are entering a work zone. Caution and common sense must be recognized at all times as power tools and industrial machinery is constantly in use by art and design practitioners.
3.6. Adequate protective clothing and gear must be worn when using machinery and power tools or when in the presence of anybody other than yourself who is using machinery and power tools.
3.7. Many artists and designers use the studio. Common courtesy and decency applies to sharing the fabrication space and machine room.
3.8. We endeavour to always maintain a clean and tidy work environment. This also applies to you. Think of the person who will use the space after you and clean up after yourself! Maintaining a clean, tidy and therefore safe work area is everybody’s responsibility.
3.9. Smoking and Alcohol: No smoking is allowed on the entire premises. Being under the influence of alcohol while operating machinery and power tools is strictly prohibited. Failure to adhere to this condition will result in immediate cancellation of your lease or membership with no refund.
3.10. Any disputes or grievances should be raised with Space Tank Studio management so that the best possible solution can be sought.
4. STUDIO LEASE AND USAGE
4.1. Studios are for fulltime lease only.
4.2. Leases agreements are one year in duration and will commence upon signing of the contract. Lease contracts will be reassessed at the expiry of every year.
4.3. No casual lease agreements will be considered.
4.4. A lease contract will be granted based on availability of studios and waiting list. If you are on the waiting list you will be notified of a studio vacancy according to your position on the waiting list.
4.5. Studio Rent is based on an Australian dollar value per square meter per week basis.
4.6. Price of rent and bond payable will be disclosed to prospective tenants upon filling out a studio application form or upon general enquiry to info@spacetankstudio.com.au
4.7. Space Tank Studio reserves the right to refuse a lease to any prospective tenant for reasons we do not have to disclose.
4.8. Studio tenants can opt to have images of their work and short biography displayed on the Space Tank Studio website under the Artists section of the Studio page and can chose to remove their work at any time. For questions regarding privacy policy and copyright, please see our Privacy Policy.
4.9. General code of conduct applies to all studio tenants. (see above)
4.10. Any Space Tank Studio tenant who receives a commission resulting from the administration of Space Tank Studio PTY LTD or from the Space Tank Studio website or social media sites will attract a 10% finder’s fee payable to Space Tank Studio.
4.11. Studio tenants receive access to Space Tank Studio facilities at a discount Membership rate.
4.12. Studio tenants must confirm that they have read and understood our terms and conditions.
5. MACHINERY AND TECHNOLOGY USAGE
5.1. All Space Tank Studio machinery, technology, work space and communal space are maintained to current best practice Worksafe standards.
5.2. While we take every possible precaution to maintain machinery to the best possible operating standard, if you notice that a machine is not operating properly, blades are blunt, there is damage of any kind or any other issue of concern is observed, you must report immediately to management.
5.3. Individuals may not operate any equipment and machinery unless they have been properly inducted according to Space Tank Studio induction procedures and signed a legal waiver.
5.4. Some specialist equipment at Space Tank Studio may never be used by tenants or members unless under the supervision of a technician. This can include and is not limited to 3D printers and the CNC laser cutting machine.
5.5. If you need to personally operate any specialist equipment without supervision, we can arrange for one on one and group skills training.
6. MEMBERSHIP
Membership terms and conditions have been considered and designed to benefit and protect the usage rights of all concerned. They are based on common sense and principles of fair play. By adhering to these terms and conditions you will help ensure the smooth operation of our service for all members, tenants and residents.
6.1. All Memberships will be considered on an individual personal and project basis to assess the skill level of the member and the right machinery or technology for the job.
6.2. Please carefully consider the length of Membership you require for your project. Each individual works at a different pace and therefore only you can decide how long you need to fulfil your project requirements.
6.3. We can help you asses the time you may need to get your project completed but we cannot be held responsible in any way for the final decision you make.
6.4. Memberships are for personal use only and are not transferable.
6.5. If your project requires help from an additional person an assistant workshop pass must be added to your membership.
6.6. Group memberships of three to five people will be considered on a project basis. A groups impact on the rest of the fabrication area, machine room and technology room will always be considered so as to not infringe on other members time and access.
6.7. Membership Gift Vouchers can also be purchased for a friend, loved one or family member.
6.8. By paying for a membership you agree to Space Tank Studio Terms and conditions.
6.9. Members must undergo an OH+S induction on machines they will use and sign the Workshop Pass Liability waiver before they commence any kind of work activity or use any Space Tank equipment.
6.10. General code of conduct applies to all Space Tank Studio members. (see above)
6.11. Flexi Pass Memberships are limited to the number of days booked and to be used for up to 10 hours per day.
6.12. As a member, you get access to equipment on a first come first serve basis.
6.13. Every member has the option to use secure storage facilities. Based on availability.
6.14. Unused membership days lapse when your membership expires so plan your time wisely. You can add days as required.
6.15. By signing the Work Shop Pass and/or Studio Lease Agreement, members confirm that they have read and understood our terms and conditions.
7. DISCOUNTS AND SPECIAL OFFERS
7.1. Space Tank Studio may offer discount and special offer events for the purpose of marketing, anniversary events or to highlight major milestones in business development and growth.
7.2. Discounts and special offers events will be governed by a set of terms and conditions that will be set out specifically for that event. Such terms and conditions will be clearly accessible at the time of the event.
7.3. Discounts and special offers relating to any of Space Tank Studio services can be offered at any time and for a specified duration.
7.4. Advertising will be posted via the Space Tank Studio website, mailing list and social media pages and may also be advertised in periodicals and third party websites.
7.5. Space Tank Studio reserves the right to cancel any discounts and special offers due to achieving capacity volumes or for any other reason that may affect the delivery of the service being discounted or offered.
7.6. You may receive discounts and specials offers on a first come first serve basis until capacity volume is reached.
8. MODIFICATIONS TO SERVICE
8.1. Space Tank Studio reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Space Tank Studio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8.2. Machines and technology may be replaced to provide better equipment services.
8.3. The Space Tank Studio Website and social media sites may change and develop to better meet customer needs.
9. THIRD PARTY WEBSITES
9.1. Please be aware that Space Tank Studio may contain links to third party websites. If you visit such websites, before providing your personal information on or in connection with those websites, we suggest you review the privacy policy and terms and conditions of use of the third party website.
10. INTELLECTUAL PROPERTY
Space Tank Studio respects your intellectual property. When you sign up with us you do not automatically give us the rights to use your work in any way. For more information, please refer to our privacy policy.
11. COMMISSION
11.1. Any Space Tank Studio tenant who receives a commission resulting from the administration of Space Tank Studio PTY LTD or from the Space Tank Studio website or social media sites will attract a 10% finder’s fee payable to Space Tank Studio.
12. USERS GRANT OF LIMITED LICENCE
You may choose to have your work displayed on the Space Tank Studio website as well as having your project or work ‘featured’ on our social media sites. If you chose this option then the following conditions apply:
12.1. You opt to grant Space Tank Studio a limited licence for the royalty-free, unrestricted, world-wide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license enables us to feature or use your content in promotional or marketing materials.
12.2. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your content.
12.3. By granting Space Tank Studio limited licence, you also warrant that any “moral rights” in posted materials have been waived.
12.4. You acknowledge and agree that the display or use of your content shall be in the sole discretion of Space Tank Studio and your content may or may not be included on the Space tank Studio website and social media sites for any reason or no reason at all.
13. REFUND POLICY
These conditions apply to all studio tenants, members and artist residents and are designed to protect the service that we provide to all tenants, members and residents.
13.1. If you have paid for a Space Tank Studio Membership, it is assumed that you have considered your project requirements and done your due diligence. Payment of a Space Tank Studio membership plan is final and non-refundable.
13.2. Limitation of usage: Machinery and technology can breakdown at any time. Consumables such as but not limited to blades, belts, drill bits, abrasives, 3D printing filament and resins and CNC laser parts have a limited life span and need replacing at times. We cannot predict when this could happen or who it might affect. For this reason we will not be held responsible for machinery and equipment down time due to maintenance and repairs.
13.3. In the advent of machinery or equipment being decommissioned we will endeavour to replace it as soon as possible to limit disruption to our service. Full or part refunds to members directly affected may be considered on an individual basis.
13.4. If for some unforeseen reason Space Tank Studio must limit access to fabrication space, machinery and equipment and studios then we will do everything we can to give prior warning so that you have the opportunity to adjust your schedule.
14. CHANGE OF MIND
Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.
Terms & Conditions for Product Sales
1 DEFINITIONS
In these terms and conditions, unless the context otherwise requires: –
1.1 “GST” means Goods and Services Tax or other tax that is substituted or replaces the GST tax.
1.2 “the Supplier” means Space Tank Studio Pty Ltd, ABN 92 164 280 755.
1.3 “the Customer” means any person or persons, company or business entity to whom the Supplier sells or supplies, or proposes to sell or supply, Goods or Services.
1.4 “the Goods” means the goods or products supplied or sold by the Seller to the Customer from time to time.
1.5 “the Seller” means the Supplier.
1.6 “the Services” means any services provided by the Supplier.
1.7 “PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time.
1.8 “Quote” means any quote that remains valid for 30 days and includes only the Goods.
2 GENERAL
The only contractual terms which are binding on the Supplier are those set out in this Agreement.
3 QUOTATIONS & PRICE
3.1 Any quotation provided is an invitation to treat only and not an obligation to sell or offer. In the event of any counter offer by the Customer, or any conflict between any Quote or counter offer and this Agreement, this Agreement shall prevail.
3.2 Prices quoted are based on the full quantities specified and do not necessarily operate pro rata for for any greater or lesser quantities.
3.3 The price charged for the Goods and Services to be provided to the Customer are as set out in the Supplier’s invoice or invoices for those Goods or Services. The Supplier reserves the right to vary any price quoted either orally or in writing. Any Quote given on price is an estimate only.
3.4 The price excludes transportation / delivery unless otherwise stated.
3.5 The price excludes GST unless specified.
4 TERMS OF PAYMENT
4.1 The Customer will pay to Supplier before delivery of the Goods.
4.2 The Supplier reserves the right to grant terms to approved Customers upon such terms and conditions in its absolute discretion.
5 RETENTION OF TITLE TO GOODS AND PPSA
5.1 Title to Goods sold by the Supplier to the Customer will not pass from the Supplier to the Customer until the later of:
(a) unconditional payment in full to the Supplier for those Goods; and
(b) unconditional payment in full of all other amounts owing or unpaid by the Customer to the Supplier on any account, including in respect of Goods and Services previously or subsequently supplied to the Customer.
5.2 Payment in full will not be regarded as having been received by the Supplier unless and until payment is made in cleared funds.
5.3 Until such time as title to Goods passes to the Customer under clause 6.1:
(a) the Customer will hold the Goods as a fiduciary and as bailee for the Supplier and will be responsible for any loss, damage or conversion of the Goods;
(b) the Customer must store the Goods in such a manner as to show clearly that they remain the Supplier’s property;
(c) the Supplier may enter any premises owned or occupied by the Customer or its agents to inspect the Goods or inspect the Customer’s books and records regarding the Goods at any time;
(d) subject to clause 7.1(j), the Customer may only use the Goods in the ordinary course of the Customer’s business, or sell the Goods in the ordinary course of the Customer’s business, provided that where the Customer sells Goods, it will do so as principal and the Customer will have no power to commit the Supplier to any contract or otherwise or to any liability, but as between the Customer and the Supplier, the Customer will sell as fiduciary agent; and
(e) The Customer must ensure that the Goods are not and will not be subject to any encumbrance or other security interest (including a lien) granted or created in favour of any third party (whether under contract, statute or common law) without the Supplier’s prior written consent. Without limiting the Supplier’s rights, if the Customer becomes aware of a third party’s interest in or relating to an encumbrance or other security interest, including a lien, in respect of the Goods, the Customer must notify the Supplier immediately in writing and provide the Supplier with all relevant details relating to the encumbrance or other security interest, including the third party’s full name and contact details, the nature of the encumbrance or other security interest and the Goods subject to the encumbrance or other security interest.
5.4 Despite this clause 6, the Supplier is entitled to maintain an action against the Customer for payment of the purchase price of Goods.
5.5 The Customer agrees that clause 6.1 creates a security interest (including, where applicable, a purchase money security interest, as defined in the PPSA) in Goods (and their proceeds, as defined in section 31 of the PPSA) supplied by the Supplier to the Customer from time to time.
5.6 The Customer agrees to do all things necessary and execute all documents required by the Supplier to register each security interest in the Goods, and ensure that the Supplier acquires a perfected security interest in the Goods, under the PPSA.
5.7 Until title to Goods passes to the Customer under clause 6.1, the Customer waives its rights under sections 95, 118, 121(4), 129, 130, 132(3)(d), 132(4), 135, 142, 143, 157(1) and 157(3) of the PPSA, to the extent that is permitted by law. The Supplier may also contract out of any additional provision of the PPSA as determined by the Supplier from time to time, provided that is also permitted under the PPSA.
5.8 Where the Supplier has rights in addition to those under Part 4 of the PPSA, those rights continue to apply.
5.9 The Customer agrees that repossession and retention of Goods pursuant to the PPSA will only satisfy so much of the amounts owing by the Customer to the Supplier as is equivalent to the Supplier’s estimation of the net realisable value of the Goods, or their cost price (whichever is the lower) as at the date of repossession, and the repossession and retention will immediately extinguish any rights or interest the Customer has in the Goods.
5.10 Until title to Goods passes to the Customer under clause 6.1, the Customer must not give to the Supplier a written demand, or allow any other person to give to the Supplier a written demand, requiring the Supplier to register a financing change statement under the PPSA in respect of or affecting any Goods, or enter into or allow any other person to enter into the personal property securities register a financing change statement under the PPSA in respect of or covering the Goods.
5.11 The Customer will be responsible for payment of any fees (and any other costs) that the Supplier incurs in relation to investigating, perfecting or registering the Supplier’s security interest in the Goods, and those fees and costs may be added as a charge on invoices issued by the Supplier to the Customer.
5.12 The Customer may not assign or factor the Customer’s right and interest in any debt owed by a customer of the Customer to the Customer on account of the proceeds of sale of any of the Supplier’s Goods by the Customer on credit or deferred payment terms without the Supplier’s prior written consent.
5.13 Subject to section 275(7) of the PPSA and any provision of any other agreement between the Supplier and the Customer permitting the Supplier to disclose information, the Supplier and the Customer agree that neither of them will disclose, or authorise the disclosure of, information of the kind described in section 275(1) of the PPSA in relation to these terms and conditions, any contract or any transaction contemplated by or effected under these terms and conditions or any contract.
5.14 The Customer must notify the Supplier in writing of any change in the Customer’s ownership or in the ownership of the Customer’s business, or in the directors or address of the Customer. Notwithstanding any change in the Customer’s ownership/trading structure or any notice by the Customer to the Supplier of such change, the Customer will remain personally liable for the payment for any Goods and/or Services supplied to, or ordered by, the Customer from the Supplier until the Customer has received written confirmation from the Supplier that the Customer’s account has been closed and full payment has been received by the Supplier.
6 DEFAULT
6.1 If:
(a) the Customer breaches any clause of these terms and conditions or any term of any other agreement to which the Customer and the Supplier are parties;
(b) any cheque tendered by the Customer or on its behalf to the Supplier is dishonoured for payment;
(c) the Customer fails to comply with any lawful demand for payment issued by the Supplier;
(d) any amount payable by the Customer to the Supplier becomes overdue for payment or, in the Supplier’s opinion, the Customer will be unable to meet its payment obligations to the Supplier as they fall due;
(e) any of the following occurs to the Customer, if it is, or to the extent it includes, a company:
(i) a receiver, manager, administrator or controller becomes entitled to take possession of any of the Customer’s assets, any proceedings are instituted for the Customer’s winding up, or the Customer enters into a deed of company arrangement; or
(ii) the Customer becomes an externally-administered body corporate or becomes insolvent;
(f) the Customer (if it is, or to the extent it includes, an individual) commits an act of bankruptcy, or is or becomes an insolvent under administration; or
(g) a change occurs in the ownership of the Customer, or in the ownership of the Customer’s business, or in its directors,
then, without prejudice to the Supplier’s other remedies under these terms and conditions or at law:
i. all amounts owing to the Supplier by the Customer will, whether or not due for payment, become immediately payable by the Customer;
ii. the Supplier will be entitled to cancel all or any part of any of the Customer’s orders for Goods and/or Services which remain unfulfilled;
iii. the Customer’s right to possess, use up, sell or otherwise deal with Goods in respect of which title has not passed to the Customer under clause 6.1 will cease; and
iv. the Supplier will be entitled to enter any premises where the Goods in respect of which title has not passed to the Customer under clause 6.1 are kept, and remove, repossess and re-sell all or any such Goods. The Supplier is not liable to the Customer if it takes any such action.
6.2 The Customer indemnifies the Supplier in respect of any claims or actions against, and costs, expenses and other liabilities incurred by, the Supplier in relation to:
(a) the removal, repossession, transportation, storage and sale of Goods pursuant to these terms and conditions, including without limitation, any claims brought by third parties; and
(b) any of the matters set out in clauses 7.1(a) to 7.1(k) (both inclusive).
6.3 Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including relating to payment), the Supplier may suspend or terminate the supply of Goods and Services to the Customer and any of the Supplier’s other obligations under these terms and conditions. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier exercises its rights under this clause.
6.4 The Customer must pay interest to the Supplier on any of its invoices to the Customer which are overdue for payment. Such interest will accrue daily at a rate of 15% per annum, from the date when payment becomes due until the date of payment. Interest will be calculated daily, and will accrue at such a rate after, as well as before, any judgment.
6.5 If the arrangements provided under or in connection with these terms and conditions constitute a credit contract as defined in the National Credit Code, the time for payment of any overdue account is limited to a total period of not more than 62 days from the date of the Supplier’s invoice. Nothing in this clause 7.5 imposes an obligation on the Supplier to extend its payment terms to the Customer for any period at all.
7 QUALITY OR DESCRIPTION OF GOODS AND SERVICES
7.1 The Customer shall inspect the Goods immediately on delivery and, with seven (7) days of delivery, give notice to the Supplier of any defect or allegation that the Goods or Services are not in accordance with the Contract. If the Contract fails to give such notice within that time, the Goods and Services shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same, accordingly.
7.2 Notwithstanding that any sample of the Goods or Services has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods or Services and, not so as to constitute a sale by sample under the Contract. The Customer shall take the Goods or Services at his own risk as to their corresponding with the sample, or as to their quality, condition or sufficiency for any purpose.
8 DELIVERY
8.1 The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods.
8.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Supplier may terminate this contract, keep the deposit and resell the Goods.
8.3 The Supplier reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
8.4 Any failure on the part of the Supplier to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
9 LIMITED LIABILITY
9.1 These Terms do not affect the rights, entitlements and remedies conferred by the Competition & Consumer Act 2010.
9.2 The Supplier is not subject to, and the Customer releases the Supplier from, any consequential liability because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Supplier is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar
regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
9.3 If any statutory provisions under the Competition & Consumer Act 2010 or any other statute apply to the contract between the Supplier and the Customer (Contract) then, to the extent to which the Supplier is entitled to do so, the Supplier’s liability under the statutory provisions is limited, at the Supplier’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; in either case, the Supplier will not be liable for any consequential loss or damage or other indirect loss or damage.
10 WARRANTY
10.1 On discovery of any defect in the Goods, the Supplier must immediately notify the Supplier in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Supplier to do so.
10.2 The provisions of any act or law (including but not limited to the Competition & Consumer Act 2010) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
10.3 The Customer expressly acknowledges and agrees that it has not relied upon, and the Supplier is not liable for any advice given by the Supplier, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
10.4 Warranties given exclude claims for or damage resulting from: inclement weather, fire, explosion, act of God or other like cause; unauthorised alterations, additions or tampering of the Goods, loose plugs or leads not hardwired, other events beyond control of the Seller and use beyond specification or design.