1. Operator and acceptance
FactoryTender is operated by SachetsCo Pty Ltd, ABN 24 628 241 501. These terms apply when a person uses the public service, submits an enquiry or application, accepts a proposal or asks us to begin work after being given reasonable notice of them.
2. FactoryTender’s role
FactoryTender provides sourcing, introduction, brief preparation, tender coordination and related information services. Unless expressly agreed in writing, FactoryTender is not a manufacturer, agent authorised to bind either party, product certifier, regulator, laboratory, freight forwarder, financier or escrow provider.
3. Buyer-manufacturer relationship
The buyer and selected manufacturer conduct their own diligence, negotiate and enter their own contract, and pay each other directly. They are responsible for product safety, specifications, intellectual property, classification, claims, licences, quality, testing, delivery, tax and regulatory compliance.
4. Accuracy and lawful use
Users must provide materially accurate, current and authorised information; promptly correct errors; hold required rights and permissions; and not use the service for unlawful, misleading, sanctioned, controlled or unsafe activity. We may pause or decline a matter where readiness, legality, safety, conflict or capability is uncertain.
5. Confidentiality and submissions
Initial submissions must exclude unnecessary trade secrets and sensitive personal information. Information may be shared with identified potential counterparties only at the agreed stage and subject to stated controls. Unless a separate written confidentiality agreement applies, no website submission alone creates obligations beyond the effective privacy policy and applicable law.
6. Fees and changes in scope
A fit review may be offered without charge. Paid scope begins only after price, deliverables and timing are confirmed in writing. Published pilot prices are not quotes for unusual scope. Approved third-party costs, travel, specialist review or material scope changes may be charged only as agreed. Australian pilot fees attract GST, which must be shown in the applicable quote or tax invoice.
7. Manufacturer profiles and verification
Profiles and checks are limited to the evidence, scope and date stated. They do not guarantee accuracy after that date, capacity, creditworthiness, suitability, regulatory approval or performance. Payment does not buy verification, ranking, invitation or selection.
8. Intellectual property
Each party retains its pre-existing intellectual property. Submitting material grants FactoryTender only the limited permission reasonably needed to assess, administer and provide the requested service. Ownership of new formulations, designs, tooling, artwork and production materials must be agreed directly in the relevant manufacturing contract.
9. No guaranteed outcome
FactoryTender does not guarantee a match, quote, lowest price, award, funding, successful production run, regulatory result, sales outcome or volume of opportunities. Search and comparison material supports a decision but does not replace professional advice or diligence.
10. Liability and Australian Consumer Law
Nothing excludes rights or remedies that cannot lawfully be excluded, including applicable Australian Consumer Law guarantees. Any later limitation of liability, exclusion of indirect loss, indemnity or service-credit arrangement must be set out in lawyer-approved effective terms or the applicable written proposal.
11. Suspension and ending a service
We may pause or end work for non-payment, unlawful or unsafe conduct, misleading information, misuse of confidential material, unmanaged conflicts or unreasonable security risk. Accrued rights, payment obligations and provisions intended to survive termination remain unaffected.
12. FactoryTender Foundry
Foundry is a separate, opt-in venture-validation program. Its public application is governed by the separate Foundry expression-of-interest terms. Applying, interviewing or discussing a project creates no employment, agency, partnership, joint venture, equity, profit right, funding duty, exclusivity, confidentiality obligation or IP transfer beyond these site terms, the effective privacy policy and applicable law. Any validation sprint, NewCo, investment, shares, licence, manufacturing agreement or IP assignment requires separate signed documents.
13. Governing law and contact
These terms are governed by New South Wales law and applicable Australian federal law. Disputes should first be raised through info@factorytender.com so an operational resolution can be attempted before formal proceedings.