Definitions
"Offeror" or "Supplier" means HMC Group Solutions Pty Ltd (ABN 20 624 155 086) and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) and includes their successors and assigns, except where the context requires otherwise. "Offeror" is replaced by "Supplier" upon acceptance of a quotation, proposal or service level agreement by the Offeree.
"Offeree" means a person or entity who has been supplied a quotation, proposal or service level agreement issued by the Supplier, whether or not they have dealt with the Supplier previously.
"Customer" means an Offeree whose quotation, proposal or service level agreement has been accepted by both the Offeree and the Supplier.
"ACL" means the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
"Industry Skills Solutions" means NNZMC Pty Ltd trading as Industry Skills Solutions (RTO 45974), on whose behalf HMC Group Solutions may deliver nationally recognised training and assessment under a third-party arrangement.
"Fees and Refunds Policy" means the Industry Skills Solutions Fees and Refunds Policy, as amended from time to time.
"Nationally recognised training" means training and assessment leading to a nationally recognised statement of attainment or qualification under the Australian Qualifications Framework.
Consumer guarantees (Australian Consumer Law)
A. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other law that cannot lawfully be excluded, restricted or modified. These Terms are to be read subject to the ACL.
B. Where the ACL applies and permits the Supplier to limit its liability for a failure to comply with a consumer guarantee, the Supplier's liability is limited, at the Supplier's option, to re-supplying the goods or services (or paying the cost of re-supply) or, for goods, replacing or repairing the goods (or paying the cost of replacement or repair).
Our Guarantee to Clients
If, for any reason, HMC Group Solutions cannot fulfil its quotation, proposal or service level agreement with a Customer, HMC Group Solutions must issue a full refund for any services not provided. For services generally, "services not provided" is determined by reference to the initial scope of services in the quotation, proposal or service level agreement, less what has been completed. For nationally recognised training, "services not provided" is determined in accordance with Section 15 (based on the units of competency completed and able to be issued in a statement of attainment at the time the service is terminated).
1. Application of Terms and Conditions:
1.1 The details provided under the heading Quotation identify the party purchasing and/or renting the goods and/or services listed (the Offeree). By signing this agreement, or by supplying a Purchase Order which references this agreement, the Offeree agrees to the conditions of sale and/or rental set out in this document.
1.2 Orders are accepted subject to these conditions of sale and/or rental provided by HMC Group Solutions Pty Ltd (ABN 20 624 155 086) (the Offeror). Any variation of these conditions is not applicable unless accepted in writing by the Offeror.
2. Law Applicable:
2.1 This agreement is governed by the laws of the State of New South Wales, and the parties agree to submit to the jurisdiction of the courts of that State in respect of these Terms.
3. Pricing, Taxes and Duties:
3.1 Pricing is subject to the ongoing availability of the items quoted. If quoted goods become unavailable, the Offeror reserves the right to withdraw and/or reissue the quote accordingly.
3.2 Pricing is subject to fluctuation of the Australian dollar against other currencies. In the event of an exchange-rate movement, the Offeror reserves the right to withdraw and/or reissue the quote accordingly.
3.3 Pricing is subject to the quantities quoted, and the Offeror reserves the right to adjust the unit price if a change of quantity is requested by the Offeree.
3.4 Unless specifically listed, all goods and services are quoted inclusive of GST (if applicable) and any other duties and taxes. Nationally recognised training is treated as GST-free in accordance with Section 15.13.
3.5 Where applicable, all taxes and other duties payable on the production and/or delivery of the goods will be added to the price and paid by the Offeree.
4. Delivery Commitments:
4.1 Delivery commitments are entered into in good faith but are not guaranteed. To the maximum extent permitted by law, and subject to the ACL and clause A above, the Supplier is not liable for any loss or damage occasioned by a failure to deliver on a specified date, and such failure is not a breach of this agreement.
5. Defective Goods:
5.1 Acting reasonably, the Supplier will determine whether any goods are defective. This clause does not limit the Customer's rights under the ACL.
5.2 Defective goods will be replaced or rectified by the Supplier as originally ordered. If rectification or replacement is not practicable for goods listed as Sale items, the Supplier will credit the sale value of the goods at the invoice price.
6. Returns and refunds:
Note: for enrolments in nationally recognised training and assessment, Section 15 (and the Industry Skills Solutions Fees and Refunds Policy) applies and prevails over this Section 6 to the extent of any inconsistency.
6.1 The Customer must obtain prior authorisation from the Supplier before any goods may be returned.
6.2 The Customer must obtain prior authorisation from the Supplier before a refund will be issued for any goods or services.
6.3 A Customer who wishes to cancel a service must give notice in writing (by email or letter). HMC Group Solutions personnel who receive an initial notice of cancellation must ensure the Customer understands their rights regarding the refund of service fees, and advise the Customer of other options such as suspending the service and re-commencing in another scheduled service.
6.4 A Customer who gives written notice to cancel and who is eligible for a refund is to be provided with a Refund Request Form. A Customer who may not be eligible but requests a refund should also be provided with the Refund Request Form so the request can be properly considered.
6.5 For services generally, a Customer who gives notice to cancel 10 business days or more before the commencement of the service is entitled to a full refund of fees paid.
6.6 For services generally, a Customer who gives notice to cancel less than 10 business days before commencement, but before commencement, may receive a refund at the discretion of the Managing Director. For enrolment in nationally recognised training, refunds are governed by Section 15.6 and the Industry Skills Solutions Fees and Refunds Policy, which prevail over this clause.
6.7 A Customer who cancels after the scheduled commencement of the service is not entitled to a refund of fees, except where HMC Group Solutions fails to fulfil its service agreement and fees are refunded under Our guarantee to clients, or as required by the ACL.
6.8 Discretion may be exercised by the Managing Director where the Customer can demonstrate that extenuating or significant personal circumstances led to the withdrawal. In such cases the Customer should be offered a full credit toward the fee in another scheduled service in lieu of a refund; the Managing Director may also authorise a refund if the circumstances require it.
6.9 Where a refund is approved, it must be paid to the Customer within 14 days of the Customer giving written notice to cancel. Refunds are paid by electronic funds transfer to the account nominated by the Customer on the Refund Request Form.
6.10 A Customer who is unhappy with HMC Group Solutions' arrangements for the collection and refunding of fees is entitled to lodge a complaint in accordance with the HMC Group Solutions complaints procedure.
7. Damage and/or Loss in Transit:
7.1 The Supplier does not accept responsibility for shortages or for goods damaged in transit unless the shortage or damage is noted on the delivery note (if examined) or, where the goods have been signed for as not examined, is notified within 48 hours and reported by separate written notice to the Supplier within 5 days of receipt of the goods by the Customer or the Customer's agent.
8. Force Majeure:
8.1 The Supplier will endeavour to deliver at the rate or within the time specified. To the maximum extent permitted by law, and subject to the ACL, the Supplier is not liable for any loss or damage sustained by the Customer through any failure to deliver at that rate or within that time by reason of any act of God, war, riot, fire, strike, lockout, cessation of labour, trade dispute, breakdown, accident, or any other cause beyond the Supplier's reasonable control. The Supplier is entitled to recover all monies owing for deliveries made or services performed before such failure, and the period of any suspension is added to the time of the original contract (including any inability to obtain necessary import or export licences or governmental consents).
9. Cancellation of Orders:
9.1 Cancellation of an order, in whole or in part, cannot be accepted without the Supplier's written consent. Where the Supplier consents to cancellation, the Customer must reimburse the Supplier for the reasonable costs and expenses actually incurred by the Supplier in respect of the cancelled order up to the date of cancellation.
9.2 Cancellation of an order will only be entertained before delivery of the products/services.
9.3 If the Customer cancels an order for goods after the Supplier has ordered or committed to supply them, the Customer agrees to pay a restocking fee of 25% of the value of the goods, plus any freight or other charges reasonably incurred by the Supplier up to that point. This clause does not apply to services, or to enrolment in nationally recognised training, which are dealt with under Sections 6 and 15 respectively.
10. Terms of Payment:
10.1 Payment terms are strictly fourteen (14) days from the date of invoice (or such other period nominated on commencement of trade and approved by the HMC Group Solutions Managing Director), and payment is due on that date. HMC Group Solutions may vary its terms of trade from time to time by giving the Customer reasonable prior written notice; a variation applies prospectively to orders placed after the notice and does not affect orders already accepted.
10.2 For goods and services quoted as Rental items, the Customer is invoiced for each period in advance and payment is required in advance.
10.3 Subject to the ACL and to the Customer's rights in respect of defective or non-conforming goods or services, the Customer agrees to pay the full amount of each invoice by the due date.
10.4 If any amount remains unpaid after its due date, the Supplier may charge interest on the overdue amount in line with the Reserve Bank of Australia cash rate target plus 2% per annum, calculated daily from the due date until payment is made in full. The Supplier may also recover the reasonable costs it actually incurs in recovering an overdue amount (including reasonable administration and collection costs). The Supplier will not impose interest or costs that exceed a genuine pre-estimate of the loss and expense caused by late payment.
10.5 If the Customer fails to make any payment when due, enters into a composition or arrangement with creditors, has a receiver appointed, passes a resolution for winding up (or a court orders the same), has a receiving order made against it, commits an act of bankruptcy, or breaches any of these Terms, the Supplier may (without prejudice to its other rights and remedies) defer or cancel any further deliveries; and the Customer's right to possession of any rented goods and/or equipment immediately ceases and it must return the goods and equipment to the Supplier on demand, together with all instruction manuals and other information provided.
10.6 All dishonoured payments made by the Customer to the Supplier attract a $55.00 (GST inclusive) administration fee.
10.7 For all card payments over $100.00 AUD, a surcharge of 1.6% for tapped, inserted or swiped transactions and 2.2% for manually entered card transactions applies to the total amount due. This surcharge covers processing fees and is in addition to the invoice or purchase total.
10.8 HMC Group Solutions offers multiple payment options, including Marmalade, Stripe, eWay, Afterpay and Square. For payments made in person or over the phone, the surcharge in clause 10.7 applies. Online and other payment methods may incur different surcharges, the details of which are provided on selection of the payment method.
11. Title:
11.1 For goods and services quoted as Sale items, ownership transfers to the Customer only on payment in full for those goods. The Supplier reserves the right to register its interest on the Personal Property Securities Register (www.ppsr.gov.au) until payment is received.
11.2 For goods and services quoted as Rental items, ownership remains with the Supplier at all times. The Supplier reserves the right to register its interest on the PPSR.
11.3 The Customer has no interest in goods and/or equipment quoted as Rental items, other than as bailee, and must do everything necessary to protect the Supplier's rights in the equipment, including: (a) making clear to others, where ownership is relevant, that the Supplier owns the equipment; (b) keeping the equipment under its control; (c) not allowing the equipment to become subject to a security interest of any kind; and (d) not allowing anyone else to use the equipment.
11.4 If the Customer remains in default of any payment, the Supplier may decline to make further deliveries (irrespective of the contract from which they arise) and rescind the contract in question without judicial interposition, without prejudice to the Supplier's right to full compensation and to recover goods that remain the Supplier's property under this clause.
11.5 The Customer must store all goods delivered but not yet paid for so that they are clearly separate and identifiable from the Customer's other goods. Where the Customer is in default and to the extent permitted by law (including the Personal Property Securities Act 2009 (Cth)), the Customer grants the Supplier (and its authorised agents) a right to enter the premises where the goods are located, on reasonable notice and during normal business hours, to inspect or recover goods that remain the Supplier's property, taking reasonable care to avoid damage to the Customer's property.
11.6 For Sale items, if the Customer sells goods delivered in a manner that passes valid title to a third party, the Customer holds the proceeds on trust for the Supplier. Nothing in this clause makes the Customer the Supplier's agent, and the Customer may not sell such goods after the appointment of a receiver, entry into liquidation, or (if not a company) an act of bankruptcy.
11.7 The Customer assumes the risk of loss or damage to the goods from the date of delivery and must rely on its own insurance from that date.
11.8 For goods and/or equipment quoted as Rental items, the Customer is responsible for loss of, destruction of, seizure of, or damage to the equipment, and for liability arising from its possession, use, operation and storage during the rental term or until possession is recovered by the Supplier, to the extent that the loss, damage or liability is caused by the Customer's act, omission, use, or breach of these Terms. The Customer is not responsible for loss, damage or liability to the extent it is caused by the Supplier's negligence or breach, or by a defect in the equipment existing at the start of the term.
11.9 The Customer indemnifies the Supplier against loss, damage and liability of the kind described in clause 11.8, except to the extent that such loss, damage or liability is caused or contributed to by the Supplier, its employees or agents. The Customer's liability under this clause is reduced proportionately to the extent of any such contribution by the Supplier.
11.10 For Rental items, the Customer must, at its own expense throughout the term:
(a) keep the equipment insured against loss, theft, damage or destruction from any cause for the greater of its full market value or replacement value, and against any other insurable risk commonly insured for similar equipment; and
(b) keep the Supplier insured against all third-party liabilities for death, personal injury and property damage and such other risks connected with the ownership, use, possession and storage of the equipment as the Supplier reasonably requires, with an insurer acceptable to the Supplier, in the names of the Customer and the Supplier for their respective interests. Each policy must provide that claim proceeds are paid to or for the benefit of the Supplier, and the Customer must comply with the Supplier's directions regarding any such proceeds.
11.11 Any goods supplied to the Customer that are subject to restrictions or provisions imposed by manufacturers' licence conditions are supplied subject to those restrictions or provisions.
12. Errata:
12.1 Any errors and omissions made in the preparation of a sales quotation are excluded. If errors or omissions are made, the Supplier reserves the right to cancel and reissue the quotation.
13. Validity of Terms and Conditions:
13.1 If a term or condition is ruled invalid, the remaining terms and conditions remain in force.
14. Suitability of product / service:
14.1 Subject to the ACL, it is the Customer's responsibility to check and confirm that the products ordered are fit for purpose and suitable for the environment in which they are to be used or deployed.
14.2 Once an order is placed with the Supplier's stockist, any change requested by the Customer (by quantity, product, software or service) will only be considered by the Supplier if the order has not been dispatched.
14.3 If a change to an order for goods is accepted after the Supplier has ordered or committed to supply them, the Customer agrees to pay a restocking fee of 25% of the value of the goods, plus any freight or other charges reasonably incurred by the Supplier up to that point. This clause does not apply to services or to nationally recognised training.
14.4 The Customer also agrees to pay any additional costs associated with ordering the new product or service.
15. Nationally Recognised Training and Assessment
This section aligns with the Industry Skills Solutions Fees and Refunds Policy. Where the services include enrolment in nationally recognised training and assessment delivered by, or on behalf of, NNZMC Pty Ltd t/a Industry Skills Solutions (RTO 45974), the Fees and Refunds Policy applies and prevails over the rest of these Terms to the extent of any inconsistency.
15.1 Fees payable. Course fees are due and payable at the time of enrolment unless otherwise agreed in writing. The initial fee payment must be made before training commences or within 14 calendar days of the date of the invoice.
15.2 Fee information before you enrol. So that you can make an informed decision, the total cost of your training is set out in plain language before you enrol - including the total course fees, the payment schedule (the amounts payable and when they are due), the advance-payment limit, any non-refundable deposit or administration fee, and the refund and cancellation conditions. Published fee information is kept accurate and up to date; if there is ever a discrepancy between a published fee and the fee charged, it is resolved in your favour.
15.3 Issue of outcomes. No statement of attainment or qualification is issued until full and final payment has been received. Once you are assessed as meeting the requirements of the training product and all fees owing are paid, certification is issued within 30 calendar days. Industry Skills Solutions may discontinue training if fees are not paid in accordance with the agreed fee schedule.
15.4 Limit on fees paid in advance, and protection of prepaid fees. Where fees are paid directly by an individual protected by the ACL (generally the learner or a family member), Industry Skills Solutions will not accept more than the maximum amount permitted in advance under the fee-protection requirements applicable to Registered Training Organisations from time to time (at the date of these Terms, $1,500). For a program costing more than that amount, further fees are collected in scheduled payments, in advance of no more than that amount at any time, consistent with the portion of training delivered. This limit does not apply where fees are paid by the learner's employer or a funding authority (an entity-to-entity transaction). Fees paid in advance are protected: the capped amount is held in the RTO's trading account and tracked separately from fees already earned, and where prepaid fees exceed that amount an additional fee-protection measure acceptable to the Regulator, such as a bank guarantee or tuition-assurance arrangement, is maintained.
15.5 Cancellation notice. A learner who wishes to cancel an enrolment must give notice in writing (by email or letter). Staff receiving initial notice must ensure the learner understands their refund rights and is advised of other options, such as suspending the enrolment and re-commencing in another scheduled program. Eligible learners are provided with a Refund Request Form; learners who may not qualify but request a refund are also provided with the form so the request can be considered by the Chief Executive Officer.
15.6 Refund entitlements (training). (a) Cancellation 10 business days or more before commencement: full refund of fees paid. (b) Cancellation less than 10 business days before commencement: 75% refund of fees paid; 25% is retained to cover staff and resources already committed - a one-day short course may instead be transferred to an alternative date if available. (c) Cancellation after the program has commenced: no refund of any fees paid in advance, subject to the Chief Executive Officer's discretion in extenuating circumstances (clause 15.7). Enrolment via distance or online delivery is deemed to have commenced when the learner resources have been dispatched. (d) Where Industry Skills Solutions fails to fulfil its service agreement, fees are refunded under the training guarantee (clause 15.11).
15.7 Discretion. The Chief Executive Officer may exercise discretion in any situation where the learner can demonstrate that extenuating or significant personal circumstances led to their withdrawal. In such cases the learner should be offered full credit toward the tuition fee in another scheduled program in lieu of a refund; the Chief Executive Officer may also authorise a refund of tuition fees if the circumstances require it.
15.8 Payment of approved refunds. Where a refund is approved, it is paid within 14 calendar days of the Chief Executive Officer approving the Refund Request Form, by electronic funds transfer to the account nominated on the form or to the card used for the original payment. Any administration fee that applies to refund processing is set out in the Schedule of Fees and Charges and is disclosed before enrolment. A learner's access to training is maintained while a fee dispute or refund request is being resolved.
15.9 If Industry Skills Solutions changes or cancels a course. If Industry Skills Solutions cancels a scheduled course, or makes a significant change (such as to the delivery dates or mode of delivery) that affects the learner, it notifies the learner as early as practicable and offers a full refund for services not yet provided, or a transfer to an alternative course or date, at the learner's choice.
15.10 If Industry Skills Solutions ceases to operate. If Industry Skills Solutions is unable to continue delivering a learner's training - for example if it ceases operations - it will support the learner to transition to an alternative provider where possible so the learner can complete the qualification, and will refund the prepaid fees for any training and assessment not yet delivered. This is in addition to the prepaid-fee protection described in clause 15.4.
15.11 Guarantee (training). If, for any reason, Industry Skills Solutions cannot fulfil its service agreement with a learner, it must issue a full refund for any services not provided. "Services not provided" is determined by the units of competency completed by the learner and able to be issued in a statement of attainment at the time the service is terminated.
15.12 Australian Consumer Law. The refund entitlements in this Section operate alongside - and do not limit or exclude - the rights a learner has under the Australian Consumer Law, including the consumer guarantees that services will be provided with due care and skill and will be fit for purpose. Nothing in these Terms removes any refund or remedy a learner is entitled to under that law.
15.13 GST. Nationally recognised training that delivers units of competency or a whole qualification is a GST-free education course under s.38-85 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (see GSTR 2003/1). GST may apply to miscellaneous charges that are in addition to, and outside, the normal services offered in a course.
15.14 Miscellaneous charges. Industry Skills Solutions may levy miscellaneous charges on a cost-recovery basis only (not for profit) - for example, replacing lost or damaged learning materials, and additional re-assessment beyond the included attempts. These are specified in the Schedule of Fees and Charges, including where GST applies. Industry Skills Solutions does not charge for re-issuing certification, or for accessing or copying a learner's records.
15.15 Complaints. A learner who is unhappy with the arrangements for collecting or refunding fees may lodge a complaint under the Industry Skills Solutions Complaints and Appeals Handling Policy. Complaints are acknowledged within 2 business days and answered in writing within 14 calendar days; a support person or advocate may be involved at any stage, and enrolment and access to training are maintained throughout. If the learner is not satisfied with the outcome, they may escalate to an external body - the National Training Complaints Service (13 38 73), the Australian Skills Quality Authority (asqa.gov.au/complaints), or the relevant State or Territory consumer or fair-trading authority.
15.16 Schedule of Fees and Charges. The Chief Executive Officer approves the Industry Skills Solutions Schedule of Fees and Charges, which sets out the total fees for each program (course, administration, material and other charges), payment terms and any non-refundable deposit, the guarantee to complete delivery once study has commenced, any available discounts or concessions, the charges for additional services, and the refund policy. Current fees and charges are available at industryskillssolutions.com.au or by telephoning 1300 IND SKL (1300 463 755).
16. Privacy
The Supplier handles personal information collected in connection with these Terms in accordance with its Privacy Policy, available at hmcgroupsolutions.com.au. Where the services include nationally recognised training, personal information is also handled in accordance with the Industry Skills Solutions Privacy Policy.
Authorised by:
Harrison McMahon
Managing Director
HMC Group Solutions Pty Ltd.
Version 3.1 - 19 July 2026
