These Terms and Conditions of Agreed Trading Terms will apply to all quotations, offers made, and purchase orders accepted, by Monart Pty Ltd, and its affiliates
WHERE THESE TERMS AND CONDITIONS OF SALE CONFLICT WITH THE TERMS AND CONDITIONS OF PURCHASE ORDERS OR OTHER PROCUREMENT DOCUMENTS ISSUED BY THE CUSTOMER. THESE TERMS AND CONDITIONS WILL PREVAIL.
DEFINITIONS
Reference to “the supplier” means Monart Pty Ltd, T/A; STM Studio Supplies, STM Studio Supplies NZ, Stanmart Film Services, Sports Mirrors Australia
Reference to “the customer” means the purchaser or hirer of goods &/or services from the supplier
Reference to “the goods” means all goods and services and reports sold/delivered/installed or hired by the company to the customer
Reference to “variations” means unforeseen/additional expenses unanticipated during the initial quotation process
Reference to “special orders” means any goods outside normal stock line or goods specifically modified to the customer’s requirements that require special procedures, in manufacture or intellectual property
Reference to “freight” means delivery, postage & handling, freight
Reference to ““ACL” means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)
Reference to “terms” means these terms and conditions of sale or hire
Price
The price of goods will be as agreed by the supplier at time of order and subject to gst (and any other applicable taxes)
Prices are determined at the time of order and, prior to payment of the deposit, are subject to change according to material increases outside the control of the supplier.
Payment Terms and Conditions
Stock items
Payments are to be made to the supplier without deduction or discount, other than as stated in these terms or on the relevant invoice or statement.
Invoice price must be paid in full prior to release of goods unless otherwise negotiated when placing an order.
Installations
Deposit – 50% of the quoted price is payable prior to commencement of work. No ordering or preparatory work will be carried out until this amount has been received.
Progress Payment, including variations to date – 25% is payable at the mid point of the installation. Invoice will be emailed to the client, terms are 7 days.
Balance, including variations, due on completion of the work and within 7 days of receipt of final invoice.
- Pricing subject to 10% GST
- 50% deposit required on receipt of a tax invoice
- Balance and any variations will be due seven days after completion of the work
Variations:
- Before the work commences on the variations we will discuss the options, timeframe and costs with you
- The extra work will commence on signed agreement and we will forward an invoice as soon as possible after agreeing to the extra work
- Our terms provide that collection and legal costs and interest will be added to overdue accounts.
- In the event where your overdue account is referred to a collection agency and or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs
- Overdue accounts will be subject to interest at the rate of 13% p.a. calculated for the period the account is due until the date it is paid
- This budget will be under constant review as the project develops and subject to site inspection prior to commencement. At this time and later, changes may occur due to new developments and activities
- The costing must therefore not be seen as final, but as indicative at this stage, and also subject to variations as necessary to accommodate the requirements of the participants
- Quotation without variation valid for 30 days and subject to provisions in the Building and Construction Industry Security of Payment Act 1999 Sections 8, 9, 11 and 12
- We remind you that our relationship is governed by our trading terms which can be viewed at http://www.stmstudiosupplies.com
Variations
The reasons, associated costs and any implicit time delay incurred by variations to the scope of work will be clearly documented and presented to the customer. Written approval will be obtained prior to carrying out the proposed extra work. Costs will be documented on the subsequent invoices. This notice needs to be signed on agreement on the work and price.
If the variation is required because there is likely to be danger to someone or damage to property, or to fulfil a completion timeframe, there may not be time to put the details in writing. In this case, the written variation may be done after the work has been carried out and will be reflected in subsequent invoice.
Overdue Accounts
Interest is payable on all overdue accounts, calculated on a daily basis at the rate of 1.5% per month as from the due date for payment until full payment is received by the supplier.
Overdue accounts will be subject to interest at the rate of 13% p.a. calculated for the period the account is due until the date it is paid
It is the customer’s responsibility to maintain a realistic accounting of prospective budget accretions.
Consultant Reports
Payments are to be made to the supplier, without any deduction or discount, other than as stated in these terms or on the relevant invoice or statement. Invoice amount must be paid in full prior to release of the report unless otherwise negotiated during initial consultation.
Hires
Payments are to be made to the supplier without deduction or discount, other than as stated in these terms or on the relevant invoice or statement prior to the release of goods, unless otherwise negotiated when placing an order.
Duration: Rates of hire are determined on a daily hire rate. Three days are deemed to amount to a weekly rate.
Purchase Orders
Monart Pty Ltd’s acceptance of any purchase order from the customer is strictly conditioned upon the customer’s acceptance of these terms and conditions of sale. The customer shall be conclusively deemed to have accepted the terms and conditions by written or electronic acknowledgement or acceptance transmission to Monart Pty Ltd, its agents or representatives of any order for goods.
No changes to a PO will be made without written agreement from both parties.
Purchase Orders will only be accepted after prior consultation.
Special Orders & Indent Items
Special Orders and Indent Items require a 50% deposit to begin production, ordering, or construction, paid prior to proceeding with the order.
The remainder will be due on completion and prior to delivery.
No return or cancellation will be accepted once the order has been processed.
TELEPHONE ORDERS
All telephone orders will be immediately confirmed in writing by the supplier in the form of an invoice and/or tracking and shipping information. In the event the confirmation varies from that recorded and processed by the supplier, then the supplier’s records will prevail.
Quotations
Quotations, without variations, are valid for 30 days and subject to provisions in the Building and Construction Industry Security of Payment Act 1999 Sections 8, 9, 11 and 12.
Installations
We require 4-6 weeks notice prior to commencing installation and an order in writing to commence the manufacture and ordering process. School holiday periods are the most popular time for renovations and as such, this is when the schedule becomes busy, particularly the Christmas/New Year break. Should additional work need to be undertaken on commencement of the installation, this will be quoted as a separate item.
Delivery
Costs and charges for delivery to the customer or the customer’s agent are payable prior to delivery by the customer, unless otherwise stated on the quote/invoice.
The customer is at liberty to arrange their own delivery method, at their expense and on their time. Collection must suit Monart Pty Ltd business hours and be agreed to in writing.
All deliveries are dock to dock. Couriers will not deliver beyond the WHS policies of Manual Handling as indicated by state WorkCover Guidelines. Most larger and/or heavy consignments will be palletised.
Difficult access &/or heavy items will incur a surcharge, individually estimated for each delivery, dependent on the degree of difficulty.
Delay in delivery or completion will not constitute a breach of contract, nor will it affect any other provisions of the contract to the supplier’s disadvantage.
Dangerous Goods
Delivery times can be longer than anticipated and the carriers add a significant surcharge for this specialist service, Monart Pty Ltd engages TNT for these items, for details please follow the link below.
Warrantees
All Monart Pty Ltd goods carry a 100% unconditional guarantee on the quality of workmanship and finish. Outsourced components come with manufacturers’ warranties that will be included in handover documents. Materials are deemed free from faulty workmanship for a period of twelve months from date of delivery. This warranty excludes those components supplied by other suppliers, damage caused by neglect or misuse of materials supplied, the fading of powder coating, installation of materials less than 500 metres from any marine environment (salt water ocean or lake), labour costs associated with installation or removal of defective products, corrosion caused by chemicals, eg brick cleaning acids. The supplier will not accept goods returned for warranty work, unless the freight is prepaid by the customer.
NOTE – No warranty work will be completed whilst the customer’s account is in default of the agreed trading terms.
Insurance
NO INSURANCE IS PROVIDED BY THE SUPPLIER.
The customer acknowledges that insurance of all goods are the responsibility of the customer at point of delivery.
Retention of Title
Until ALL INVOICES are paid in full, and ALL MONIES receipted and cleared, ownership of the goods remain with the supplier, however the risk passes to the customer on delivery. The customer indemnifies and save harmless the supplier, or its agents in relation to loss or damage as a result of the retaking of possession of the goods. In the event the supplier exercises its right of retaking possession of the goods, the customer grants power of sale to the supplier to resell the goods and the customer acknowledges that any shortfall owing after the goods are resold will be the responsibility of the customer.
Intellectual Property
Title to, and Intellectual Property Rights in, all work, product or material of any nature developed or produced at Monart Pty Ltd’s direction shall become the absolute property of Monart Pty Ltd.
Return, Refund or Cancellation of Goods
The Monart Pty Ltd returns policy is in addition to the Australian Consumer Law. Monart Pty Ltd will accept returns and provide you with a refund, repair or replacement when; the goods are returned faulty or the goods do not match the description on your invoice.
Monart Pty Ltd will not accept returns and provide a refund, repair or replacement when; the goods have been misused, the goods have been stored incorrectly, the customer has changed their mind, the intended use has changed,
Installation/application instructions were incorrectly followed or not followed at all, or there have been unavoidable delays in outsourced or in house manufacture.
Please refer to the Returns Policy for full details.
Website Order Cancellation
Monart Pty Ltd reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Monart Pty Ltd may do this for example, but without limitation, where:
(a) Monart Pty Ltd’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Monart Pty Ltd’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Monart Pty Ltd is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, shipping calculation which was not discovered prior to the Order being accepted;
Please refer to the Returns Policy for full details.
Cancellation by Customer
Signing / paying a deposit is considered as acceptance of a contract. We understand that circumstances change, often without notice, and will refund part of the deposit paid if cancellation notice is received within 7 working days of the payment. Monart Pty Ltd will retain 5% Administration fee, as well as such amounts outlayed on goods already under construction.
Notice of cancellation is required by phone and in writing within 7 days of payment of the deposit.
Please refer to the Returns Policy for full details.
Terms and Conditions of Hire
The customer agrees to pay for all charges for hire, transport, loss, damage, repairs, and cleaning of hired equipment. All collection fees, court costs or any expenses involved in the collection of these charges will be borne by the customer. The customer will be responsible for any loss of, or damage to, property or person caused by or to the equipment for any reason whatsoever during the period of hire, which will extend until such equipment is returned to point of hire. The customer will further indemnify the owner in respect of all claim, damages, and expenses in relation to the aforementioned.
Please refer to the Terms & Conditions of Hire for full details.
Privacy
Monart Pty Ltd places great importance on the security of all information associated with our customers. All personal information held is kept securely and that personal information is de-identified or destroyed securely when no longer required.
Monart Pty Ltd retains information the customer provides to enable verification, transactions and customer details and to retain adequate records for legal and accounting purposes.
Some information provided by customers and other third parties might be considered private or personal. Without these details Monart Pty Ltd would not be able to carry out business or provide services to the customer. Monart Pty Ltd will only collect such personal information if is necessary. The kinds of personal information that Monart Pty Ltd collects includes:
- names, including trading names, business names
- contact details
- address
- email address
- phone number/s
Please refer to the Privacy Policy for full details.
Force Majeure
The supplier will not be liable for any failure of or delay in the performance of these terms and conditions for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of god, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Jurisdiction
The customer acknowledges that the Laws of the State of the New South Wales shall govern this contract, and the customer hereby agrees to submit to the non- exclusive jurisdiction of the Courts of New South Wales.
Environmental Considerations
The customer confirms and acknowledges it has made all inquires in relation to all responsibilities conferred upon the customer, by the Protection of the Environment Operations (Waste) Regulation 2014, relating to storage of and disposal of any or all products supplied by the supplier.
THE ABOVE INFORMATION IS FOR CUSTOMER TO RETAIN
