Terms And Conditions

TERMS AND CONDITIONS OF PRODUCT SUPPLY AND SALE

Goods are sold and supplied on the following Terms and Conditions:

1. Orders

• 1.1.Each Order which the Customer makes with MONOWALL will be regarded as a separate contract of sale. Orders may be made via (1) online www.monowallecobuildingmaterials.com.au, (2) telephone, (3) email, (4) or other means as the parties may otherwise accept and use.
• 1.2.It is the Customer's responsibility to ensure that any order placed 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.
• 1.3 Any Order made is subject to acceptance of MONOWALL.

2. Quotations and Estimates

• 2.1.Unless specified otherwise, MONOWALL's quotation or estimate is valid only if the full quantity within 30 days. The order must be subject to delivery within 30 days, except on special orders which would require an extended delivery lead time.
• 2.2.If circumstances change (such as price change, etc.), MONOWALL has the right to modify or withdraw the quotation or estimate. MONOWALL will inform the Customer if this happens
• 2.3.Customer must ensure that the quantities and specifications under which the quotation or estimate is based are accurate and reflect your requirement. Any changes to the order of product specifications will require a re-quotation.
• 2.4.MONOWALL is bound to supply the Customer with goods AFTER the order is accepted. Customer is bound to pay for them afterwards.

3. Condition of Sale of Goods

• 3.1.Subject to any restrictions at law, MONOWALL shall not be liable for any amount greater than the sales price of the product originally supplied. MONOWALL shall not be liable for any claims, loss, expense, whatsoever, how ever so 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, MONOWALL 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.
• 3.2.To the maximum extent permitted at law liability of the supplier, if any, for faulty workmanship, unsuitability, failure to meet specifications, or to meet supply times, and all other claims for loss or damage howsoever arising
• 3.2.1. Replacement of the goods or supply of equivalent goods
• 3.2.2. Refund monies paid
• 3.2.3.Payment of the cost of replacing the goods or of acquiring goods
• 3.2.4.Repair of the goods
• - whichever obligation the Supplier may choose. Without derogating from the generality of the foregoing, the Supplier shall not be liable for any consequential loss or damage

4. Warranty

• 4.1.MONOWALL warrants that the goods are fit for their usual purpose and free of major defects. MONOWALL, being a base material, may have minor defects. Any defects will be rectified by the product finisher (renderer and/or plasterer) during selected finishing. All other warranties and representations, except those which are non-excluded in law, are excluded. Customer must ensure that the goods are suitable to its specific purpose.
• 4.2. Products supplied by MONOWALL are for use and construction in accordance with Plans and Specifications provided by the Customer. The Customer acknowledges that:
• 4.2.1.Products are manufactured and supplied to form an integral building system
• 4.2.2.Use of non-Monowall products and failure to comply with installation specifications may interfere with or undermine the structural integrity and or amenity of the building or structure built using the MONOWALL Products and System.
• 4.2.3.That before ordering, the Customer has verified the suitability of the products for the use proposed
• 4.2.4.That before installation, the Customer has carried out all necessary preparatory and other site works to the specifications required for the installation and use of the products.
• 4.2.5.That the products are used only for the purposes specified and are used and installed in accordance with the Product Installation Specifications
• 4.2.6.That the products are installed by an approved installer
• 4.2.7.That the building and construction using products supplied do not exceed the limits set for the use of such products
• 4.2.8.That the product shall not be used in conjunction with products or building systems other than Monowall unless otherwise approved by the Supplier.
• 4.3.MONOWALL's liability to the Customer is limited to refunding the price, replacing or repairing the Goods (at our option). MONOWALL exclude liability for indirect or consequential loss. MONOWALL will not be liable for damage, loss, or injury suffered as a result of any person failing to follow instruction relating to the Goods, modifying them, failing to appropriately maintain or store them or using them for an unintended purpose.
• 4.4.Customer must inspect the Goods upon taking delivery and any shortage, defect or discrepancy must be notified to MONOWALL within 7 days of delivery. Otherwise, MONOWALL will not be held liable for any problem later on.

5. Deposits

• 5.1.Acceptance of an Order shall be subject to the payment of a deposit (other than for special orders) of ____ % of the quoted sale price of the products to be supplied and delivered.
• 5.2.Special 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.

6. Payment

Payment may be made by B-Pay, Direct Debit to MONOWALL’s designated account, cash, VISA, MasterCard, or AMEX. Payment by cheque will only be accepted if approved by the MONOWALL on taking the Order.

7. Collection

If your goods are being collected, please collect them within 7 days upon notice that the goods are ready for collection. Failure to do so will render MONOWALL to assume that the order has been cancelled. MONOWALL has the right to charge Customer in full for custom made goods which are not collected within 14 days.

8. Credit Claims

• 8.1.It is the responsibility of the Customer to carefully inspect the goods immediately once they are delivered. Credit 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 MONOWALL, 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.
• 8.2. 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 Judgements in the Magistrates Court of Queensland.
• 8.3.Failure to pay amounts due under a Statement in full, MONOWALL shall be entitled to require payment of all goods supplied and unpaid for in full (and without the benefit of any discount otherwise claimable on such supplies).

9. Delivery

• 9.1.Customer will be charged for delivery, unless specified otherwise. MONOWALL will supply the Customer with an estimated date and time of delivery, but MONOWALL will not be held liable for late delivery in circumstances where stock is unavailable in time for scheduled delivery.
• 9.2.Delivery shall be made during normal working hours. Deliveries required outside normal working hours will be delivered on request of the Customer, and all additional charges will be the sole responsibility of the Customer. Goods will be deposited at ground level on the delivery site unless arranged otherwise. Customer must ensure that MONOWALL has a clear and safe access for delivery. MONOWALL will not be held liable for damage to any property occurring in the course of delivery. Goods are at the Customer's risk after delivery.
• 9.3.Customer must ensure that there is an authorised person present at the site who will accept the delivery. In the event the Customer or a representative is not on site to accept the deliver, then 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 cause, and the time specified for completion of delivery shall be extended commensurately. Delay in delivery or completion shall not constitute a breach of contract, nor shall it affect any other provisions of the contract to the Supplier’s disadvantage.
• 9.4.All doors need to be installed in dry areas and must have full 24-hour cover from the sun, rain & water.

10. 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 its representatives 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

11. 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 shortage of and disposal of any or all products supplied by MONOWALL.

12. Insurance

No insurance is provided by MONOWALL. Customer acknowledges that insurance of all goods are the responsibility of the Customer at point of delivery.

13. Installation

Where MONOWALL arranges for installation of goods supplied by us, Customer must contact separately with the installer. MONOWALL will not be liable for any aspect of installation of goods.

14. Return or, or Cancellation of Goods Ordered

• 14.1.No return of Goods will be accepted, without prior approval of MONOWALL in writing.
• 14.2.NOTE: NO return of or cancellation will be accepted once the production of the order has commenced.