01
Definitions
1.1
Supplier means Country Custom Balustrade & Fencing Pty Ltd (ABN 155 843 584), trading as Mason & Dean.
1.2
Customer means the trade account holder (builder, contractor, business or entity) placing the Order.
1.3
Goods means any product manufactured, supplied or sold by the Supplier to the Customer, including Standard Goods and Custom Goods.
1.4
Order means a written or electronic request from the Customer for the Supplier to manufacture or supply Goods, accepted in writing by the Supplier.
1.5
Custom Goods means any Goods manufactured to the Customer's measurements, drawings, or specifications — including all gates, balustrades, and fencing panels made to site-specific dimensions.
1.6
Standard Goods means catalogued items supplied at a fixed published size — such as posts, caps, and stock hardware.
02
Trade Account & Application
2.1
A trade account is offered at the Supplier's discretion to bona fide builders, contractors, and trade businesses with a valid ABN.
2.2
The Customer must provide accurate business details on application, including ABN, trading name, contact details, and trade type. The Supplier may verify these details before approving the account.
2.3
The Supplier may decline, suspend, or close a trade account at any time without notice.
2.4
The Customer must notify the Supplier in writing of any change to business name, ownership, structure, or contact details within 14 days.
03
Quotes & Orders
3.1
All quotes are valid for 30 days from the date of issue unless stated otherwise in writing.
3.2
Quotes are based on the measurements, drawings, and specifications provided by the Customer. The Supplier manufactures to those measurements — the Supplier does not attend site to measure.
3.3
An Order is formed only when the Supplier issues a written acceptance (sales order or order confirmation) and the Customer has paid any deposit required under clause 5.
3.4
The Customer is responsible for confirming the accuracy of all dimensions, finishes, drainage, openings, and site conditions on the order confirmation before manufacture commences.
3.5
Once manufacture has commenced, the Order cannot be modified except in accordance with clause 7.
04
Custom Work & Drawings
4.1
For Custom Goods, the Supplier will issue a drawing or specification sheet for the Customer's written approval before manufacture.
4.2
The Customer is responsible for all measurements supplied to the Supplier. The Supplier manufactures strictly to the dimensions on the approved drawing. The Supplier accepts no responsibility for measurements that are incorrect, omitted, or that do not match site conditions.
4.3
Written approval of the drawing (including approval by email) authorises the Supplier to manufacture. Once approved, the design is final.
4.4
If a Custom Order is cancelled, varied, or paused after drawing approval but before manufacture has commenced, a design & documentation fee of 10% of the order value (minimum $250 + GST) will apply.
4.5
All drawings, specifications, and design documents prepared by the Supplier remain the intellectual property of the Supplier (see clause 10).
05
Pricing & Payment
5.1
All prices are quoted in Australian Dollars (AUD), exclusive of GST unless stated, and are subject to confirmation on the order confirmation.
5.2
Trade pricing applies only to approved trade accounts and only on Orders placed in the trade account name. Trade pricing is not transferable.
5.3
Unless agreed otherwise in writing, Orders are payment in full prior to manufacture. Specific payment terms (including any deposit structure or trade credit terms) will be set out on the order confirmation.
5.4
Where credit terms are extended in writing, payment must be received by the due date. Overdue accounts may incur interest at 1.5% per month and recovery costs.
5.5
The Supplier may withhold dispatch of any Goods until all amounts owed by the Customer (including on prior Orders) are paid in full.
5.6
Accepted payment methods, deposit requirements, and any progress-payment milestones will be specified in writing on the order confirmation.
06
Delivery, Risk & Title
6.1
Delivery dates and lead times are estimates only. Whilst the Supplier prioritises trade orders, delays caused by carriers, weather, suppliers, or other factors outside the Supplier's reasonable control are not grounds for cancellation or compensation.
6.2
The Customer is responsible for ensuring a safe, accessible delivery site and for receiving the Goods. Failed deliveries due to site access or unavailability may incur re-delivery charges.
6.3
Transit damage must be reported in writing to the Supplier within 24 hours of delivery, with photographs. This timeframe is set by the freight carriers and cannot be extended. Claims received after 24 hours cannot be processed.
6.4
Risk in the Goods passes to the Customer on delivery to the nominated delivery address or on collection by the Customer or their nominated carrier.
6.5
Title in the Goods does not pass to the Customer until the Supplier has received payment in full for those Goods and any other amounts owed by the Customer. Until then, the Customer holds the Goods as bailee and must keep them identifiable as the Supplier's property.
6.6
The Customer grants the Supplier a security interest in the Goods (and proceeds) under the Personal Property Securities Act 2009 (Cth), and the Supplier may register that interest on the PPSR.
07
Cancellation & Variation
7.1
Orders may be cancelled in writing at any time before manufacture commences for a full refund of any deposit, less any design & documentation fee under clause 4.4.
7.2
Once steel has been cut, profiled, welded, or coated for the Customer's job, the Order cannot be cancelled and no refund will be issued. Custom Goods are not resaleable.
7.3
Variations requested after the Customer has approved the drawing must be agreed in writing. Variations may affect price, lead time, and the design & documentation fee under clause 4.4.
7.4
Standard Goods that have not been despatched may be cancelled and refunded at the Supplier's discretion, less any restocking fee.
08
Warranty & Defects
8.1
The Supplier warrants its Goods against defects in materials and structural workmanship for a period of 10 years from the date of delivery, subject to the warranty conditions set out at masonanddean.com.au/pages/10-year-product-warranty.
8.2
Warranty claims must be made in writing with photographs, the order number, and a description of the defect.
8.3
The warranty does not cover damage caused by incorrect installation, modification, misuse, neglect, normal wear, surface marks from delivery handling that have not been reported under clause 6.3, or coastal/industrial environments beyond Interpon powder coat ratings.
8.4
If a Good is defective, the Supplier will, at its discretion, repair, replace, or refund the affected Good. This is the Customer's sole remedy under this warranty.
09
Liability
9.1
To the maximum extent permitted by law, and subject to clause 11, the Supplier's total liability arising out of or in connection with any Order — whether in contract, tort (including negligence), under statute, or otherwise — is limited to the repair, replacement, or refund of the affected Goods.
9.2
The Supplier is not liable for any indirect, consequential, or economic loss — including loss of profit, loss of business, site delays, holding costs, downstream trade claims, or removal/reinstallation costs.
9.3
The Customer is responsible for compliance with all applicable building codes, certification requirements, and approvals for the installed Goods on site.
10
IP & Confidentiality
10.1
All designs, drawings, specifications, product images, and intellectual property prepared or supplied by the Supplier remain the property of the Supplier.
10.2
The Customer may use those materials solely for the purpose of the relevant Order and must not reproduce, on-supply, or share them with any third party (including competing manufacturers) without the Supplier's written consent.
10.3
Pricing, quotes, and trade rates are confidential to the Customer and must not be disclosed to third parties.
11
Australian Consumer Law & GST
11.1
Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be lawfully excluded under the Australian Consumer Law or any other applicable law.
11.2
Where the Goods are not of a kind ordinarily acquired for personal, domestic, or household use, the Supplier's liability for failure to comply with a consumer guarantee is limited (at the Supplier's option) to repair, replacement, resupply, or refund — to the extent permitted by section 64A of the Australian Consumer Law.
11.3
All prices are exclusive of GST unless stated. GST will be added to invoices at the prevailing rate.
12
General & Jurisdiction
12.1
These terms, together with the order confirmation, form the entire agreement between the parties and override any prior representation or terms supplied by the Customer (including terms on purchase orders).
12.2
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
12.3
The Supplier may update these terms from time to time. The version published at masonanddean.com.au/pages/trade-terms at the date of the order confirmation applies to that Order.
12.4
These terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.