INTERPRETATION
In these terms and conditions, unless the context otherwise indicates:
“Agreement” means the agreement between the Supplier and the Customer created upon the execution of this document.
“Customer” means the person described as the Customer herein.
“Delivery Site” means the place specified herein as such.
“Goods” means the goods and equipment specified herein as such.
“Price” means the sum set out herein.
“Building” means the building of the style described herein and having approximately the dimensions shown herein to be erected using the goods.
“Supplier” means Mecano Sheds Pty Ltd, ABN 66 060 490 851,.
“Terms” means the terms and conditions of this document.
Words inferring the singular number shall include the plural number and vice versa.
Words inferring a gender shall include the other gender and vice versa.
Reference to a person shall be constructed as a reference to an individual, body corporate, association (whether incorporated or not) government
and governmental, semi-governmental and local authority or agency.
Reference to any statute or other law shall include all regulations or instruments thereunder and all consolidations, amendment, re-enactments or
replacements thereof.
AGREEMENT TO SUPPLY GOODS
a) The Supplier agrees to supply the goods so as to facilitate the erection of the Building.
b) The customer agrees that upon placing an order, Mecano will go ahead and put the kit into production without further
instruction. The customer further agrees and understands that by making this request they are accepting the purchase of the kit, as outlined
in these Terms and Conditions.
c) Both parties agree that if a supply agreement is not signed, then the customer will agree that the deposit will be deemed as the
commitment to contract.
d) The sale price includes detailed Engineered Plans suitable for Council submission. Extra charges may apply if further documentation is
required by the Authorities
PAYMENT
The Customer will pay as per supply agreement payment schedule by way of Cheque, Bank Cheque, Cash or Direct Deposit. Even if the Payment
is made for the Goods (ie. Payment “In full”) prior to Mecano notifying the customer that the Goods are ready, the customer will allow Mecano the
reasonable, required time to produce the Goods. Payment shall not be deemed to have occurred until all cheques have been presented and
cleared in full. The supplier reserves the right to reschedule or cancel the delivery until payment is made, storage charges will apply at the suppliers
discretion. The Supplier reserves the right to charge a storage fee, until the goods are delivered, from the original delivery date, if the Customer
alters the original delivery date within 7 working days of the scheduled delivery.
If the customer requires production of their kit to be on hold due to unforeseen circumstances, at any time after signing the supply agreement, then
full payment will still be required prior to the kit being manufactured or within 7 days of placing an order.
The Supplier will charge GST at the rate set by the Government in respect of any supply made to the Customer.
SPECIALS
For the purchase of Specials full payment is required within 7 days of placing an order. Payment shall not be deemed to have occurred until
all cheques have been presented and cleared in full.
DELIVERY / PICKUP
a) Kits must be paid in full before a delivery / pickup date is scheduled.
b) The supplier will deliver the Goods to the Delivery Site in a good, sound and undamaged condition. Delivery will be scheduled after full
payment has been received approximately 7-10 days after payment. Windows/ Doors and or Roller Door delivery could be approximately 2
weeks after the kit delivery, as they are manufactured by others.
c) To facilitate delivery the Customer will at his own expense or cause to be provided full and clear access to the Delivery Site and all
necessary and appropriate assistance in unloading the Goods at the Delivery Site. The Supplier’s truck driver may refuse to deliver if in his
or her opinion the unloading area or access is unsuitable or considered unsafe.
d) The Supplier can under no circumstance be held responsible for variation in the suggested or proposed time of delivery. Partial shipments
are permissible under certain circumstances where more than one load is necessary. The Supplier shall not be liable for failure or delay in
delivery of,or delay of installation arising from any cause whatsoever beyond the Supplier’s control. The customer shall not be relieved of
any obligation to accept or pay for goods by reason of any delay in delivery or dispatch.
EX-FACTORY KIT PICK-UPS
a) Kits must be paid in full before pick up time is scheduled.
b) Collection of kits must be scheduled and confirmed minimum of 5 working days prior to pick up.
c) Goods are available for collection from Factory at 5 Pronger Parade, Gympie QLD 4570. Dispatch hours are Monday – Thursday: 9am – 3pm
PROPERTY IN THE GOODS
The parties agree that the Goods shall remain property of the Supplier until the balance of the price is paid in full. Once any moneys owing by the
Customer to the Supplier are paid in full, the Goods shall pass to the Customer. The right to repossess is without prejudice to any other rights of
recovery otherwise available if payment is not made.
RISK, INSURANCE AND INDEMNITY
The Customer agrees that the risk in respect of the Goods shall pass to the Customer at the time of delivery to customer site or once the customer
has collected the goods from the factory at 5 Pronger Parade, Gympie QLD 4570.
WARRANTIES AND RESPONSIBILITIES
The Supplier fully warrants:
a) The Goods to the extent required by the Sale of Goods Act (QLD) and the Trade Practices Act, 1974 as to workmanship and materials; and
subject to normal and reasonable use, the soundness of the Building erected with the Goods including the capacity of the Building to
withstand normal wind loadings applicable to the area originally intended for erection of the Building (which area unless otherwise
specifically indicated in writing in the Supply Agreement shall be taken to be the AS Australian Code rating) provided that the Goods have
been erected:
i. in accordance with the plans, specifications and instructions provided by the Supplier.
ii. with pier footings as specified by the Supplier, which footings must have a minimum concrete yield of 20 mpa after 30 days.
iii. in a good and workmanlike manner by appropriately qualified and experienced personnel.
b) The Supplier cannot and does not warrant against the effect of any act of Nature upon the Building including but not limited to wind
loadings in excess of those referred to above, fire, lightning, hail, flood or any like atmospheric or natural phenomenon.
c) Minor variations in measurements from those shown in the Supply Agreement will not give rise to any claim for damages or breach of
warranty.
d) Warranty in relation to the Suppliers manufactured Goods is for a period of 10 years from date of delivery of the Goods and is limited to the
repair or replacement of the Goods at the suppliers discretion as having regard to the age and condition of the Goods at the time of any
failure or defect being notified to the Supplier by the Customer and any claims under this warranty must be notified to the Supplier within
the period of the warranty. Notwithstanding anything to the contrary herein contained the warranty with respect to the Goods used shall be
exactly in accordance with the warranty by the manufacturer of such materials. Any out sourced goods , not manufactured by Mecano
Sheds Pty Ltd will be under warranty by the appropriate manufacturer.
e) Warranty is limited to the first owner/occupant of the completed Building.
f) The Customer agrees that the Supplier shall not be liable for any failure by the Customer to fix, install, erect, or maintain the Goods in
accordance with any advice, recommendation, specification, information, assistance or service provided by the Supplier in relation to
Goods sold or manufactured by it. The performance of steel products is dependent on the environment, product selection, handling,
installation and maintenance.
VARIATIONS
This agreement may only be varied by a further written agreement entered into, between both parties in writing. (Variation to Supply Agreement
form)
NOTE: Mecano can not accept cancellations after 7 days from placing the order or if the kit has been put into
production, whichever is the sooner.
STORAGE
Due to accumulating costs and dwindling storage area, we inform our valued customers of our procedure relating to storage of Kits at our Factory.
The following guidelines may apply:-
a) Maximum Storage Time-Frame after the Scheduled Delivery Date is (4) Four Weeks.
b) Kits stored after scheduled delivery date will incur a storage fee of $85 including GST per week.
c) In the event that the customer has requested storage time, Mecano reserves the right to give the customer 14 days notice that the
customer organise other storage arrangements.
If the kit is ready for delivery and the customer requires Mecano to hold it in storage the kit must be paid in full and the above fees will be applied.