Terms & conditions

MMRC PTY. LTD.  CONDITIONS OF SALE

1. General. All quotations are made and all orders are accepted and goods sold and service and advice rendered only to these conditions and to the exclusion of any conditions of Purchase. Any variations in these Conditions must be expressly accepted by the vendor in writing.

2. Delivery. Times quoted for delivery are to be treated as estimates only and the vendor shall not be liable for failure to deliver within such time. Whether a time for delivery be quoted or not the time for delivery shall be extended by a reasonable period if such a delay in delivery is caused by anything beyond the vendor’s control. Any special delivery requirements must be notified to the vendor at the time of placing an order. A charge will be made to cover delivery of goods unless previously agreed in writing.

3. Loss or damage in transit. Notification of damage in transit must be made within seven days of delivery. In the case of non-delivery or short delivery notification must be made within three days of receipt of invoice.

4. Prices. Unless otherwise agreed the price of the goods shall be that ruling on the date of dispatch. If the purchaser requires any additional test to be undertaken or Certificates of Conformity to be issued these may be charged separately.

5. Payment. Unless otherwise agreed or notified by the vendor in writing payment in full is due 14 days from the invoice date.

6. Cancellation. Orders may not be cancelled without prior written agreement which can be subject to payment of cancellation charge.

7. Transfer of Property. Title to the goods shall not pass to the purchaser until payment in full is received by the vendor from the purchaser and the purchaser shall:

  1. store goods which have not been paid for separately;
  2. keep separate records in relation to the proceeds of the sale of any goods which have not been paid for, bank the proceeds of any such sale into a separate account and immediately remit such funds to the credit of the vendor; and
  3. if any goods are used in a manufacturing process or mixed with other materials, the purchaser shall record the value of goods so consumed in relation to each unit of finished product and upon sale of any unit of finished product immediately remit that amount from the proceeds of sale to the vendor.

If the purchaser does not pay for any goods on the due date specified in this agreement the vendor is hereby irrevocably authorised by the purchaser to enter the purchaser’s premises (or any premises under the control of the purchaser or as agent of the purchaser if the goods are stored at such premises) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the purchaser whatsoever.

8. Risk. Risk of any loss, damage or deterioration of or to the materials passes to and shall be borne by the purchaser from the delivery date.

9. Limitation of Liability. The goods are sold and service, information and advice rendered on the understanding that the purchaser is solely responsible for determining the suitability of the goods for the purpose for which they are intended to be used. Notification of any defects in the goods must be made to the vendor in writing within 14 days from the date of receipt giving full details and when required by the vendor the goods must be returned for inspection. The total liability of the vendor for loss or damage of every kind whether arising pursuant to this agreement or out of or in relation to the goods, their sale, delivery or the way they behave, in tort or contract, or in any other way whatsoever is hereby limited to the amount paid by the purchaser to the vendor under this agreement at the date when such liability arises.

10. Limitation of liability: consumer sale.
(a) Subject to clause (b) and to the extent permitted by the Trade Practices Act and relevant State legislation, the sole obligation of the vendor under this agreement shall be to use its best endeavours to provide the products or to repair the products or repair or replace (at the vendor’s discretion) any part of a product which is found to be defective during the period of warranty and in no event shall the vendor be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

(b) In the event that any products supplied pursuant to this agreement are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Trade Practices Act 1974 as amended and/or similar State legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to s68A of the Trade Practices Act and similar provisions of relevant State legislation, the vendor hereby limits its liability to payment of an amount equal to the lowest of:

  1. the cost of replacing the goods;
  2. the cost of repair of the goods;
  3. the cost of having the goods repaired or replaced.

11. Force Majeure. Neither party shall be liable to the other for any failure to fulfil it’s obligations under the contract if such a failure is caused by circumstances beyond its reasonable control.

12. Health & Safety. The purchaser must take precautions during the handling, usage and storage of the goods in accordance with all available information concerning the goods.

13. Patents. The vendor gives no warranty that the use or sale of any goods supplied by the vendor will not cause the purchaser to infringe any letters patent or other intellectual rights.

14. Law. An order or contract shall be deemed to have been made in Australia and the parties to the contract hereby submit to the jurisdiction of the Australian courts. Australian law shall be the proper law of the contract.