Terms and Conditions
MONO-WALL CONSTRUCTION SYSTEMS
TERMS AND CONDITIONS OF PRODUCT SUPPLY AND SALE
A reference to “the supplier” means MONOWALL CONTRUCTIONS SYSTEMS Pty Ltd
ABN 81 635 915 351 as Trustee of the Monowall Trust. Please read the undermentioned
terms carefully. If you do not understand these terms of trade you should seek legal advice.
means the Credit Account for the purchase and delivery of Goods sold and supplied by
supplier to or at the direction of the Customer.
means any the Credit Limited set by supplier in favour of the Customer or such different
sum as the supplier may in its absolute discretion set from time to time on this Account.
means Mono-Wall Panels and other Products supplied by supplier under this Agreement
Product Installation Specifications
means those specifications set by Supplier from time to time as to the installation and use
of the Products supplied by Supplier.
means Tax Invoice issued on delivery of a consignment of goods sold and supplied by
Goods are sold and supplied on the following Terms and Conditions:
1.1 Each Order which the Customer makes with Supplier will be regarded as a separate
contract of sale.
1.2 Orders may be made by telephone, email or by such other electronic means as the
parties may otherwise accept and use
1.3 It is the Customer’s responsibility to ensure that any order placed by the Customer is
to the dimensions and specifications required. All dimensions and specifications for
such Products Ordered must be set out in detail with all Orders made.
1.4 Any Order made is subject to acceptance of the Supplier
2. TELEPHONE ORDERS
All telephone orders are to be immediately confirmed in writing by the customer. In
the event the confirmation varies from that recorded and processed by the Supplier,
then the Supplier’s records shall prevail.
3. RETURN OF, OR CANCELLATION OF GOODS ORDERED
No return of goods will be accepted, without prior approval of the Supplier in
writing…NOTE – no return of or cancellation will be accepted once the production of
the order has commenced.
4. SPECIAL ORDERS
All orders attract a 50% deposit which will be debited to the Customer’s account upon
receipt of a written order for panels outside our normal Product Range, or for goods
specifically modified to the Customer’ s requirements.
All goods are sold at the price current at the time of delivery.
The price of goods is at the Suppliers works unless otherwise agreed by the Supplier in
Costs and charges for freight and handling at the point of delivery to the Customer or
the Customer’s agent are payable by the Customer unless otherwise stated on the
quote/order form. NOTE: – Pricing may vary from time to time subject to exchange rate
variations and/or material increases outside the control of MONOWALL®.
The Supplier is required by law to pay Goods and Services Tax, (GST) on any works or
products supplied. GST will be in addition to the estimate/quote provided, if it is not
Where settlement discount applies, no settlement discount will be approved unless all
account money(ies) is/are paid within the agreed trading terms.
6. CONDITIONS OF SALE OF GOODS
6.1 Subject to any restrictions at law, the Supplier shall not be liable for any amount
greater than the sales price of the product originally supplied. Without limiting the meaning
of this clause, Supplier shall not be liable for any claims, loss, expense whatsoever, how so
ever arising, or in any event in any way whatsoever for any contingent, consequential,
direct/indirect, special, or punitive damages arising in relation thereto, and the Customer
acknowledges this express limit or liability and agrees to limit any claim accordingly. Further
Supplier shall not be responsible directly or indirectly for any consequential loss or
maintenance, use or operation of the product by the Customer, or to any third party, or
from any failure of the product whether defective or not.
6.2 To the maximum extent permitted at law liability of MONOWALL, if any, for faulty
workmanship, unsuitability, unmerchantable quality, failure to meet specifications, or to
meet supply times, and all other claims for loss or damage howsoever arising and whether
arising in contract, tort or otherwise and how so ever caused shall be limited to:
i. Replacement of the goods or supply of equivalent goods;
ii. Refund monies paid;
iii. Payment of the cost of replacing the goods or of acquiring goods;
whichever obligation MONOWALL may choose. Without derogating from the generality
of the foregoing, MONOWALL shall not be liable for any consequential loss or damage.
6.3 The Supplier shall not be liable nor deemed to be liable to the Customer or other party
for failure or delay in meeting any obligation due to strikes and/or lockouts (whether
of their own employees or those of others and whether or not the party against whom
such action is taken could have avoided the same by acceding to the demands of the
employees responsible for such action) equipment failure and/or delay or failure in
supply of required materials, acts of God, war, fire, flood, embargo, litigation, acts of
government or any agency instrumentality or any political subdivision thereof or any
other cause beyond the control of the party which had the duty to perform.
6.4 All special orders will require 100% payment before MonoWall commence to production.
7. LIMITATIONS ON WARRANTIES
Products supplied by the Supplier are for use and construction in accordance with plans and
Specifications provided by the Customer. The Customer acknowledges that
a) Products are manufactures and supplied to form an integral building system
b) Use of non-Mono-Wall Products and failure to comply with installation Specifications
may interfere with or undermine the structural integrity and or amenity of the
Building or Structure by using the Monowall Products and System.
c) That before ordering any Monowall product the Customer has verified the suitability
of the products for the use proposed.
d) That before installing or using any product the customer has carried out all necessary
Preparatory and other site works to the specifications required for the installations
and use of the products.
e) That the products are used only for the purposes specified and are used and installed
in accordance with the product installation specifications.
f) The Customer must ensure that the products are installed by an Approved installer
g) Ensure that the building and construction using products supplied do not exceed the
limits set for the use of such products.
h) Use of the product in conjunction with products or building systems not approved by
the Supplier MAY VOID THE WARRANTY GIVEN.
Deliveries shall be made during normal working hours. Deliveries required outside
normal working hours will be delivered on request of the customers, and all charges
will be the sole responsibility of the customer. In the event the Customer’s Agent is
not on site to accept the delivery, the driver’s signature denoting the time, date and
place of delivery, shall be deemed to be acceptance of the said delivery whether by
the supplier or the supplier’s agent. The date of delivery set forth in the order form is
made in good faith, but the performance of the supplier’s engagement is subject to
industrial disturbances, delay in transit, damage to goods in transit, shortage of goods
and any other cause beyond reasonable control of the supplier. The Supplier shall be
excused from failure to deliver or complete, which is contributed to by any such cause,
and the time specified for completion of delivery shall be extended commensurately.
Delay I delivery or completion shall not constitute a breach of contract, or shall it affect
any other provisions of the contract to the supplier’s disadvantage.
9. ACCESS TO SITE
The customer at all times is responsible to ensure suitable access to the site. The customer
further indemnifies and saves harmless the supplier, and or it’s servants or agents against any
loss or damage, in the event the Customer fails to provide suitable access to site for delivery,
and or whilst on site working.
10. ENVIRONMENTAL REQUIREMENTS
The Customer confirms and acknowledges it has made all inquiries in relation to all
responsibilities conferred upon the customer by any Act, relating to cartage storage of and
disposal of any or all products supplied by the Supplier.
11. INSURANCE: NO INSURANCE PROVIDED BY THE SUPPLIER
The Customer acknowledges that insurance of all goods is the responsibility of the Customer
at the point of delivery.
12. CONDITIONS OF PAYMENT
50% deposit on order
50% prior to delivery
a. Payment may be made by Pay Pal, Direct Debit to the Suppliers Designated Account,
Cash, Visa, MasterCard. Payment by cheque will only be accepted if approved by the
Supplier on taking the order.
b. Payment by credit card may incur a fee of % on any delivery paid by Credit Card.
c. Interest shall be charged on all monies unpaid from due date of payment at the rate
set on judgements in the Civil Jurisdiction of the Magistrate Courts of Queensland as
at the date that the monies first became due and payable.
14. CREDIT CLAIMS
a. it is the responsibility of the Customer to carefully inspect the goods immediately
once they are delivered. Claims will only be recognised if made in the first instance
by phone within 24 HOURS of receipt, and also in writing within 7 days of delivery.
Claims outside this period will be at the absolute discretion of Supplier, and its
decision final and binding on the Customer. All goods returned must be in original
condition and packaging and complete in every detail. Goods will only be accepted if
the freight on return is prepaid by the Customer.
b. Failure to pay monies due by their due date for payment the Customer shall pay
interest on the amounts due and payable at the rate set on Judgments in the
Magistrates Court of Queensland.
c. Failure to pay amounts due under a Statement in full the Supplier shall be entitled to
(amongst other things) require payment of all goods supplied and unpaid for in full
(and without the benefit of any discounts otherwise claimable on such supplies.
The Customer acknowledges that the Laws of the State of the Queensland shall govern this
contract, and the Customer hereby agrees to submit to the non-exclusive jurisdiction of the
Courts of Queensland.
16. CHANGES TO TERMS OF TRADE
16.1 These Trading Terms and Conditions apply to all transactions from which the Customer
is supplied goods whether on COD or not. If any future contract between MONOWALL & the
Customer is inconsistent with these Trading Terms and Conditions, then these Trading
Terms and Conditions will apply unless the subsequent contract refers to and specifically
alters these Trading Terms and Conditions in writing.
16.2 The Supplier reserves the right to amend these trading terms provided such
amendments are conveyed to the Customer in writing. The Customer further acknowledges
that such writing will be by ordinary mail to the address set out in the Commercial Credit
Application, unless the Customer advises in writing to Suppliers a new address, and this new
address is acknowledged by return in writing by Suppliers.
16.3 Customer further agrees to indemnify the Supplier for any legal costs incurred by the
Supplier (including but not limited to charges & commission charged by mercantile agents)
in respect of this application, agreements, personal guarantees, securities given or other
documentation required whilst credit is being offered in consequence of this application,
and the Customer further agrees to indemnify the Supplier for any dishonoured cheque fees
incurred and in the event that the Customer’s account is in default of the agreed trading
terms to indemnify the Supplier against its collection fees and legal costs.
17. SECURITY FOR PAYMENT
17.1 Retention of Title until ALL INVOICES are paid in full, and ALL MONIES receipted and
cleared, ownership of the goods remain with the Supplier, but the risk passes to the
Customer on delivery. Delivery shall occur if the Supplier or its Agent delivers on delivery,
and/or if the Customer or its Agent(s) takes delivery, at that point of delivery. Until the
Supplier is paid in full, the relationship of the Customer to the Supplier shall be fiduciary in
respect of the goods and the customer and shall hold the goods as Bailee only for the
Supplier. The customer shall store the goods separately from its own until ownership has
manifested in the customer. Should the goods be on-sold to a third party before payment,
or in the Appointment of an Administrator, Controller, Managing Controller, Receiver
Manager, or entry into an informal/Formal Deed of Arrangement under Bankruptcy Act of
1966 by the Customer, then the Customer hereby assigns to the Supplier its right of
recovery of payment from the third party. The money (ies) resulting from the sale of goods
are to be specifically earmarked and placed in a separate account on trust for the supplier,
until payment in full is made to the supplier for the cost of the goods only, to guarantee
clear passage of ownership to the third-party innocent purchaser. In the event the
customer is in default of the agreed trading terms, then the Customer without reservations
grants right of entry to any or all properties under the customer’s control, where the goods
are reasonably expected to be stored. The customers indemnify and save harmless the
suppliers, its servants or agents in relation to loss or damage as a result of the retaking of
possession of the said goods, the Customer grants power of sale to the supplier to resell the
said goods and the customer acknowledges that any shortfall owing after the said goods are
resold will be the responsibility of the Customer.
The Customer acknowledges and authorises the supplier at the customers’ expense to
register the within Agreement and Charge as a Security under the Personal Property
Securities Act 2009.
17.2 Covetable interest Clause: in the event of Default of the agreed trading terms by the
Customer, then the customer by its Director(s) /Proprietors(s) Partners/Individual(s),
nominated in this application hereby charge all their Right, Title of Interest (if any) to any or
all property (ies) both real and personal owned/partly owned, acquired in the future, solely
or jointly by the said Customer/Director(s)/Proprietor(s) Partners/Individual of this
application in favour of the Supplier, to better secure all monies owed to the Supplier as of
the date of the default, with the due and punctual observance and performance of all of the
obligations of the customer.
17.3 Such Customer acknowledges that the Supplier may at its discretion, register a caveat
on such property in respect of the interest conferred on it under this clause, against the
Customer, then the Customer grants the Supplier the right to appoint a Receiver and sell the