TERMS AND CONDITIONS - PRO FORMA INVOICE
Mondrian Design Pty Ltd
(ABN 76 616 479 853) (“Momu”)
These terms and conditions of sale, as amended from time to time by Momu, apply to all orders and sales of products (excluding products purchased online at www.momu.com.au) as described in the attached order form by Momu to the person named in the order form (“you”).
Quotations and Orders
- Any quotation provided by Momu to you is not an offer or obligation to sell but an invitation to treat only. Momu reserves the right to accept or reject any order it receives.
- A quotation is open for acceptance within the period stated in the quotation or within 14 days if no period is stated.
- Until Momu accepts in writing an order submitted by you, Momu is not obliged to supply the product(s) so ordered to you.
- If an order is accepted by Momu for custom made product(s), and you cancel your order more than seven (7) days after the date that the order was accepted by Momu, you will forfeit any deposit paid on the order.
- If you default under these terms and conditions, Momu may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by Momu without notice to you and without being liable to you.
- Momu is not responsible to you for a breach of its obligation to supply the product(s) pursuant to an order Momu has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of Momu (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
- Momu does not allow you to purchase and supply fabric or parts/accessories for all upholstered products.
- Momu will not be held responsible for the aesthetics and/or practicality of any modifications to our standard designs that you request.
- Prices quoted in any order apply to that order only and do not apply in any other circumstances.
- All prices quoted are inclusive of GST.
- You will pay Momu the full price stated on the invoice prior to the date and time of delivery or collection of goods.
- A 40% deposit is required on all Sales Orders. (c) Payment may be made by cash, cheque, credit card, EFTPOS or Electronic Funds Transfer. Payments made on the day of delivery (where Momu has agreed to payment on such date) can only be made by cash or credit card. (d) A 2.5% surcharge applies to payments made by an American Express. (e) Momu reserves the right to charge you interest on overdue accounts at the rate of 5% per week. (f) You agree to pay Momu any expenses (including legal costs) incurred in collecting any outstanding debts due by you to Momu.
Risk in the Product(s)
If you choose to pick up your item(s) yourself or by someone on your behalf, the risk of loss or damage passes to you on the date and at the time that the product(s) are removed from storage or Momu’s warehouse.
- Any delivery times notified to you are estimates only and although Momu will endeavor to deliver product(s) on time, Momu is not responsible for late delivery.
- If you request Momu to postpone delivery of the product(s) beyond the delivery date or dates specified in the order, or if you are not at the delivery address at the time Momu delivers the product(s) to you, Momu may charge you an additional fee for such postponement and/or for redelivery.
- Unless otherwise specified in the order, delivery fees/charges will be based on Momu’s standard fees and charges as may be notified to you from time to time.
- Momu may charge you an additional fee for extra work carried out by Momu employees, contractors or agents not specified in the order.
- Momu is only responsible for delivering the product(s) to the delivery address. Momu is not responsible for:
(i) the cost of any special equipment required to install the product(s), such as cranes or forklifts;
(ii) ensuring that there is sufficient space to deliver the product(s) to the delivery address;
(iii) installing product(s) where such installation may subject Momu’s employees, contractors or agents to risk of harm or injury.
Retention of Title
Claims and liabilities
- Subject to clause 8(b), Momu hereby excludes its liability to you in contract, tort, statute or in any other way for any costs, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage) incurred or sustained by you or any third party arising from or in connection with this agreement and/or your order.
- Subject to clause 9 and to the extent permitted by law, all express or implied warranties or guarantees are excluded, such terms will apply to this agreement. However, the total liability of Momu (its employees, servants and agents) for breach of any such implied term or for a breach of the terms of this agreement will be limited, at the option of Momu, to any one or more of the following
(i) replacement of the product supplied or the supply of any equivalent product;
(ii) payment of the cost of replacing the product or of acquiring an equivalent product; or
(iii) payment of the cost of having the product repaired.
- Momu warrants that any sofas, arm chairs and ottomans sold by it will be free from any structural defects in workmanship and material under normal use for a period of ten years, and all other furniture for 12 months, after the date of purchase.
- The warranty in clause 9(a) does not cover:
(i) any product parts/accessories which are not manufactured by Momu, and in that case you will only have the benefit of the warranty (if any) of the manufacturer of such parts/accessories which forms part of the contract between Momu and the manufacturer.
(ii) defects or deterioration, which in the opinion of Momu have been caused by careless or improper handling, negligence, misuse, non-adherence to operating/cleaning/care or maintenance instructions, alterations or repairs carried out by anyone other than Momu’s authorized representatives, or by fair wear and tear, or
(iii) defects resulting from the use of any material, fabric or covering specifically requested by you, which is not within Momu’s range of materials, fabrics or coverings.
- The warranty in clause 9(a) only applies to products used for domestic purposes.
- For the purpose of making any claim in accordance with this clause 9, you must:
(i) immediately upon becoming aware of circumstances giving rise to a claim under this clause 9, notify Momu in writing setting out full particulars of the claim;
(ii) provide Momu with proof of purchase of the product(s) in relation to which the claim is made;
(iii) allow Momu, its employees and/or agents full and free access to the product(s) in relation to which the claim is made and to the place where the product(s) are located for the purpose of conducting such inspection and tests and Momu may in its absolute discretion consider necessary to determine whether the claim is justified or not.
- Momu will decide how to address the claim in its absolute discretion, and in any event, Momu’s total liability will be limited in the manner described in clause 8(b).
- This warranty cannot be assigned or transferred to any third party.
This agreement is governed by the laws of the State of Victoria, Australia (notwithstanding the place in which the product(s) are to be delivered), and you irrevocably submit to the exclusive jurisdiction of the Courts of that State.
- These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled.
- You acknowledge that you have not been induced to enter into this agreement by any representation, advice or information given by or made by or on behalf of Momu.