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1. Definitions

1.1. Supplier: Mason and Dean, trading under Country Custom Balustrade & Fencing Pty Ltd ABN 155 843 584 of 37 Avro St, Tamworth NSW 2340, customercare@masonanddean.com.au, license number 242526C.
1.2. Customer: any entity in which places an order for goods with the Supplier.
1.3. Guarantor: the office holders of the Customer, in circumstances where the Customer is a Registered Company.
1.4. Parties: the Supplier, Customer and Guarantor collectively.
1.5. Goods: are the products and/or components provided by the Supplier.
1.6. Order: a request for the provision of Goods by the Customer with the Supplier, which has been accepted by the Supplier.
1.7. Price: the amount payable for the Goods supplied by the Supplier.
1.8. Delivery Fee: the amount payable for freight of the Goods to an address specified by the Customer.
1.9. Major Failure: has the same meaning as in the Competition and Consumer Act 2010.
1.10. Security Interest: hasthe same meaning as in the Personal Property Securities Act 2009 (Cth).
1.11. GST: has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
1.12. Agreement: these Terms and Conditions together with the Supplier’s written or verbal quotation.
1.13. Australian Consumer Law: means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. General

2.1. Any Order made by a Customer, shall incorporate these Terms and Conditions.
2.2. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
2.3. Where more than one Customer completes this Agreement, each shall be jointly and severally liable.
2.4. If any provision of these Terms and Conditions shall be invalid or unenforceable, then it shall be severed from these Terms and Conditions and the remaining provisions shall not be affected, prejudiced or impaired.
2.5. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
2.6. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent, but the Supplier acknowledges that it remains at all times liable to the Customer.
2.7. The failure by the Parties to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect each Party’s right to subsequently enforce that provision.
2.8. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its website and they shall apply to all future dealings between the Parties, unless otherwise updated.
2.9. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.

3. Ordering and Payment

3.1. An Order may be made by the Customer by online platform.
3.2. If a quote is provided to the Customer by the Supplier, then that quote is valid for 30 days and Order must be received by the Supplier within that period for the Price to be honored.
3.3. An Order may not be varied unless expressly agreed by the Parties in writing.
3.4. An Order will not be accepted by the Supplier without payment in full of the Price.
3.5. Payment is to be made through the online platform.
3.6. All Orders shall be subject to GST.
3.7. The Supplier offers delivery through a third-party provider, or the Customer can collect the Goods from the Suppliers premises.

4. Supply and delivery

4.1. In the discharge of its duties, the Supplier shall comply with all reasonable directions of the Customer as to the nature and scope of the Goods to be provided.
4.2. Subject to otherwise complying with its obligations under this Agreement, the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Goods and of satisfying the Customer’s expectations of those Goods.
4.3. Nothing in the above clause shall affect the Supplier’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this Agreement.
4.4. Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the Goods at specific times requested by the Customer.
4.5. Delivery of the Goods shall be deemed complete upon collection of the Goods by the Customer or its Agent or once the Goods are delivered to the Customer's nominated delivery address.
4.6. The Customer must make arrangement to take receipt of the Goods upon delivery. The Supplier shall not be liable for the Customers failure to arrange to take delivery of the Goods and may elect to charge a non-delivery fee at its discretion.
4.7. The Customer is responsible for ensuring that the Goods are secured at its premises and warrants to be responsible for any loss, damage or theft of the Goods delivered by the Supplier to the premises.
4.8. Delivery fees may be payable to a third-party provider for the delivery of Goods.
4.9. The Supplier shall not be liable for any error made by the Customer in its delivery address, or for any third-party error in the delivery address.
4.10. The Supplier shall not be liable for the installation of the Goods.
4.11. Delivery of Goods shall be in accordance with our Delivery Policy.

5. Cancellation of Orders

5.1. At any time after an Order is made by the Customer, but before the delivery of Goods the Supplier may cancel the Order. Upon the Supplier notifying the Customer of the cancellation, a refund of the Price must be processed by the Supplier within 24 hours of cancellation.
5.2. An Order cannot be cancelled by the Customer if the Supplier has commenced work on, ordered parts for or otherwise progressed the provision of the Goods.
5.3. Otherwise, returns will be determined by our Returns Policy.

6. Warranty

6.1. The Customers rights and remedies in this Agreement are in addition to its rights under Australian Consumer Law.
6.2. The Supplier offers a 20-year Product Warranty on any Goods supplied and the Customer shall be entitled to a refund or replacement of the Goods for a Major Failure.
6.3. Should the Customer alter the Goods in any way or have repairs carried out by a repairer authorised by the Supplier, then any warranty provided by the Supplier shall be voided.
6.4. The Supplier shall be entitled to inspect the Goods prior to acceptance of a claim.
6.5. Should the Customer wish to make a claim under warranty, then they are required to do so in writing, in accordance with the provisions of the Product Warranty document.

7. Liability

7.1. Nothing in these Terms and Conditions excludes the Customers statutory rights under Australian Consumer Law.
7.2. At the time of placing an Order, the Customer must provide sufficient information to enable the Supplier to complete the Order. The Supplier shall not be liable for any misinformation, specifications, or error provided by the Customer when the Order is placed. The Customer indemnifies and agrees to pay any expenses, costs and damages actually incurred by the Supplier to rectify or reprepare the Order for the Customer.
7.3. The Supplier takes no responsibility for representations made in relations to the Goods or any delay in the delivery of the Goods, made by a third party.
7.4. The Customer acknowledges that the Supplier shall not be liable for any loss or damage incurred by the Customer as a result of delay, or failure to provide the Goods due to an event caused by factors outside of the Suppliers control.
7.5. The risk in relation to the Goods shall pass when the Goods leave the premises of the Supplier.
7.6. The Supplier does not guarantee delivery of the Goods by a certain date.
7.7. The Customer is solely liable for any damage to property or injury to person arising out of the use or installation of the Goods in any way and indemnifies the Supplier in relation to all such claims.

8. Insurance

8.1. The supplier is not liable to provide any insurance cover for the goods. Should the Customer require it, they can insure the goods at their own expense.

9. Governing Jurisdiction

9.1. The Parties agree that this Agreement is governed by the laws of New South Wales (NSW) and the Courts of NSW shall have jurisdiction to hear any matter pertaining to this Agreement.

10. Privacy

10.1. The Customer agrees that any personal or company information provided to the Supplier can be used for the Suppliers record keeping, to improve products and services, collect demographic data, and to generally conduct its business.
10.2. The Supplier must comply with the Privacy Act 1988 (Cth).

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