In these terms and conditions unless the contact otherwise requires: 

(a) “The Seller” means Monash Stainless Pty Ltd. 

(b) “The Purchaser” means the person, firm, company or organization to whom a quotation is submitted by the Seller or who places an order at the Seller’s online shop. 

(c) “The goods” means all items supplied by Monash Stainless Pty Ltd. pursuant to the Seller’s written quotation, published price list or online prices. 

(d) “Authorized number for return” means the number quoted to the purchaser by the Seller for the return of the goods. 

1. Application of Terms and Conditions

Unless otherwise agreed by the Seller in writing the terms and conditions hereof shall apply to all orders placed with the Seller. Any stipulation on the purchase order form which conflicts with any of these terms and conditions or in any way qualifies or negates the same shall be deemed to be inapplicable to any order placed with the Seller unless agreed to in writing by the Seller prior to delivery of the goods. 

2. Stock of The goods

The Seller does not have all the goods showed in the Seller’s online shop or price list in stock, it means that not all the items in the price list or online shop are available in the Seller’ warehouse. The prices, quantity and shipment date of the goods are subjected to the Seller’s final confirmation. The Purchasers’ order are subject to the Seller’s final confirmation. 

3. Defects

The Purchaser shall inspect the Goods on delivery or when picking up the goods and shall within two (2) days after receiving the goods by the Purchaser, notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Purchaser shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Purchaser believes the Goods are defective in any way. If the Purchaser shall fail to comply with these provisions that the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Purchaser is entitled to reject, the Seller’s liability is limited to either ( at the Seller’s discretion) replacing the Goods or repairing the Goods except where the Purchaser has acquired Goods as a consumer within the meaning of the Competition and Consumer Act 2010 (CWIth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods. The Seller shall not be responsible for any labour charges incurred in replacing any defective Goods. The Purchaser bears all costs and risks of loss of, or damage caused by the goods or lack of the goods. 

4. Return of Goods

Prior authorisation of the Seller must be obtained before returning any goods. All returns must be accompanied by the original delivery docket or invoice and “Authorisation for return” number quoted. A handling charge of 15% will be applied to all returns. Non standard goods and cut lengths can not be returned. Goods must be in new condition in their original boxes. Goods must be returned by our nominated carrier within 14 days of invoice. 

5. Purchaser’s Acknowledgements

The Purchaser acknowledges that:- 

(a) The Purchaser does not reply upon the Sellers skill or judgement in relation to the purposes for which the goods are required. 

(b) The goods may not produce satisfactory results if they are not used strictly in accordance with the Sellers instructions or if deteriorated goods are used the Seller accepts no liability or responsibility for such incorrect use of the goods 

(c) All descriptive specifications, illustrations, drawings, data, dimensions and weights furnished by the Seller or contained in any catalogue, online shop, price list or other advertising material of the Seller are approximate only and are intended to be by way of general description of the goods and shall not form part of the contract unless certified by the Seller in writing in which case they shall be subject to recognised tolerances. 

(d) The Seller is unable to control manufacturing the goods, the Seller can not be responsible for manufacturing defects in the product itself. The breaking load and unit weight in the Seller’s price list, catalogues or online shop are nominal and should be used as a guide only. The purchase must test the goods before using them. The Purchase bears all costs and risks of loss of, or damage caused by the goods, or lack of the goods. 

6. Guarantee 

Every item stocked by the Seller is guaranteed to be free from defect at the time of shipment. Any item considered by the Seller to be defective will be replaced or adjustment made provided we are notified promptly (7 days) upon receipt and, if we request, the item is to be returned to us for examination. This guarantee is void if repairs are attempted by anyone other than the Seller. Seller will not be responsible for labour charges incurred in the replacement of any item. In no event will the Seller be liable for defects in any item which exceed its replacement cost to the Seller. Items used on hire, charter or commercial craft are excluded from the terms of this guarantee. 

7. Warranties

The Seller agrees to be bound only by those conditions or warranties expressly agreed to in writing between the contracting parties and those imposed and required to be binding by statute (including the Trade Practices Act) and the extent permitted thereby. Liability (if any) of the Seller arising from the breach of such conditions or warranties shall, at the Sellers option, be limited to and completely discharged by either the replacement or repair ( or the payment of the cost of the replacement or repair) by the Seller of the goods supplied to the Purchaser. 

8. Delivery 

The Seller try to send the goods within two working days after receiving the payment of the order, The Seller is not able to control the delivery time after dispatching, The seller can not guarantee delivery date. 

9. Other Dealings

Subject to express contrary agreement in writing and signed on behalf of the Seller these terms and conditions shall so far as is applicable and making all changes necessary having regard to the context be incorporated in any contract arising from future orders placed by the Purchase with the Seller. 

10. Limited Contracts

The foregoing terms and conditions contain the whole of the terms upon which the goods are supplied (subject only to any express special terms or variations given in the Seller written condition or on the delivery document);constitute an entire agreement between the parties and shall supersede all previous and other communications and representations either overall or in writing. 

11. Agreement

It means that the Purchaser accept this Terms and Conditions if the Purchaser places an order and pay the order.

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