Cerra Design & Skunk Machine
Industrial Design & Automotive Design Terms and Conditions
Business Address: 1/12 Aileen Ave, West Heidelberg, VIC
Phone: 0407 350 408
Email: carl@skunkmachine.com
1. Introduction
Cerra Design & Skunk Machine (the “Company”) provides professional industrial and automotive design, fabrication, and prototyping services. These Terms and Conditions (“Terms”) outline the rights, responsibilities, and obligations of both the Company and the Client.
2. Scope of Services
The Company agrees to carry out design, fabrication, and development work as described in the project proposal or quotation. Any additional work or variations must be agreed upon in writing or verbally confirmed and may incur additional costs.
3. Client Responsibilities
The Client must provide accurate and complete information, including specifications, reference material, or design direction. The Client acknowledges that delays in providing information or approvals may extend project timelines.
4. Intellectual Property
4.1 Ownership Prior to Full Payment
All Intellectual Property (IP), concepts, CAD files, drawings, designs, prototypes, manufacturing methods, supplier information, and related data remain the property of Cerra Design or Skunk Machine until full payment has been received.
4.2 IP Transfer and Purchase
The Client may request to purchase full ownership of IP. The transfer must be agreed upon in writing by both parties, and the IP must be purchased and paid in full at the Company’s current design rates, current market value, or agreed future value of the project.
5. Confidentiality and Non-Disclosure
Both parties agree to maintain strict confidentiality regarding proprietary or sensitive information disclosed during the project. The Company may disclose project details only to suppliers, contractors, or collaborators directly involved in the project. No other disclosure will occur without written consent, except as required by law.
6. Payment, Deposit, and Retention of Property
A non-refundable deposit is required before work begins. Ownership of all work, designs, parts, or components remains with the Company until full payment is received. The Company retains the right to hold or dispose of Client property for unpaid balances in accordance with Australian law.
7. Warranties and Prototype Disclaimer
All projects are prototypes created to Client specifications, either verbally or in writing. The Company provides no warranty of performance, functionality, or compliance. Clients are responsible for obtaining engineering certification if required for compliance or registration.
8. Termination
Either party may terminate this agreement with 14 days’ written notice. Aggressive, threatening, or violent behaviour will not be tolerated. In such cases, the project will cease immediately and a police report will be filed. Any outstanding payments will be offset by retention of project materials or stock. The Company reserves the right to sell property or stock within 7 days to recover losses.
9. Dispute Resolution
Both parties agree to first attempt to resolve disputes through good faith communication. If unresolved, mediation will be pursued prior to legal action. The laws of the State of Victoria, Australia, apply, and both parties submit to the jurisdiction of Victorian courts.
10. Limitation of Liability
The Company is not liable for indirect or consequential losses, including loss of profit, data, or opportunity. Liability is limited to the total amount paid by the Client for the specific project giving rise to the claim.
11. Agreement
By engaging Cerra Design & Skunk Machine, the Client acknowledges they have read, understood, and agree to these Terms and Conditions.
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Acceptance of Terms
By accepting quotations, making payment, or instructing Cerra Design & Skunk Machine to proceed with any work, the Client acknowledges that they have read, understood, and agreed to the Terms and Conditions of Cerra Design & Skunk Machine, available upon request or as attached.
These Terms and Conditions apply to all design, fabrication, and consulting services provided by Cerra Design & Skunk Machine and take precedence over any conflicting terms proposed by the Client, unless otherwise agreed in writing by both parties.
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1/12 Aileen Ave, West Heidelberg, VIC • 0407 350 408 • carl@skunkmachine.com
© 2025 Cerra Design & Skunk Machine. All rights reserved.