a) These conditions apply to the sale of Goods and Services by DJG Queensland Pty Ltd T/As MVO Services ABN 74 626 632 746 (herein after “MVO
b) These terms and conditions prevail over any inconsistent terms and conditions of any offer or communication by or from the buyer.
Quotation Order and Acceptance
a) MVO Services quotation is issued as an invitation to treat and is made upon the terms and conditions detailed herein.
b) MVO Services quotations are valid for 30 days from the date of quotation. After the expiration of the invitation MVO Services reserves the right to
cancel, amend or revise the quotation.
c) Receipt of an order from the buyer shall not bind MVO Services until an acceptance is issued acknowledging the buyer’s order and these General
Terms and Conditions of Sale shall form part of the agreement.
a) The quotation price shall be increased by the amount of any GST and other taxes and duties which may become applicable, except to the extent that
these taxes and duties are expressly included in the quotation.
Terms of Payment
a) Terms of payment are 14 days from receipt of invoice by the buyer and are subject at all times to variation by MVO Services credit department.
b) The extension of credit facilities is at the sole discretion of MVO Services. MVO Services retains the right to withdraw credit facilities at any time
prior to the delivery of goods and services and to require full payment or partial payment in advance or cash on delivery and to make progress claims.
c) The buyer shall not deduct or set off any monies from and against the amount payable by the buyer to MVO Services pursuant to an invoice. Any
monies owing by MVO Services to the buyer will be separately accounted for.
a) Upon acceptance by MVO Services of an order by a buyer where the buyer seeks to cancel such order prior to or upon partial delivery of goods and
services by MVO Services then MVO Services may at its election and without limiting its remedies at law or in equity:
i. treat such cancellation as a Default hereunder;
ii. charge a cancellation fee not exceeding the net profit to MVO Services in undertaking the work;
iii. resell any goods to be supplied to the buyer and seek any loss incurred in such sale to MVO Services.
Retention of Title
a) Title and ownership of goods supplied by MVO Services remains with MVO Services until the buyer pays for the goods in full in cleared funds
whereupon title shall pass to the buyer.
b) Should the buyer fail to comply with the payment terms detailed in the clause Terms of Payment, MVO Services shall be entitled to enter the buyer’s
premises and repossess the goods without notice to the buyer.
c) The buyer agrees not to damage, deface or dispose of the goods until title has passed to the buyer.
d) Nothing in the Retention of Title clause shall affect MVO Services rights as an unpaid seller.
Provision of Services
a) MVO Services shall make its best endeavors to perform the contracted services in a timely workmanlike manner. Routine services shall be performed
according to MVO Services standard work and scheduling practices.
b) Unless agreed in writing all work will be performed during normal weekday working hours
c) MVO Services reserves the right to engage sub contractors as required to perform all or part of the works
d) Any advertising, explanatory or descriptive literature submitted in relation to any goods provided by MVO Services are to be regarded as informative
only not necessarily exact in relation to any quantity, detail or specification and MVO Services reserves the right to change such quantity, detail or
specification without giving prior notice to the buyer.
a) In the event that any sequestration order is made affecting the buyer’s property or the buyer gives any authority to a trustee under the Bankruptcy Act,
or the buyer commits any act of bankruptcy or any petition is filed for the winding up of the buyer, or the buyer is placed in receivership, or any
official manager is appointed, or the buyer ceases to trade or carry on its business in the usual manner including failure to meet MVO Services Terms
of Payment MVO Services may:-
i. Demand payment of the whole of the buyer’s debt then outstanding and the buyer agrees to pay the same accordingly;
ii. Cease supplying goods to the buyer;
iii. Without notice to the buyer, recover possession of any goods still in the possession and control of the buyer and in which property and
ownership remains with MVO Services and the buyer will assist and indemnify MVO Services in relation to such recovery; or
iv. Sell such goods and reduce the amount owed by the buyer by the amount received for the sale after deducting the expenses of sale and
Limitation of Liability
a) To the extent permitted by law, and except as agreed by MVO Services all warranties, representations, terms and conditions, concerning the goods or
services provided by MVO Services whether expressed or implied are herby expressly excluded.
b) To the extent permitted by law, MVO Services, its contractors and suppliers of any tier shall not be liable for any claim in Tort (including negligence),
in contract, statutory or otherwise, for any loss, damage, costs, expenses or other injury or harm suffered by the buyer or any other person in relation to
or arising out of the services and goods supplied by MVO Services.
c) Under the provisions of the Trade Practices Act 1974 as amended or State legislation which may provide the buyer certain other rights against MVO
Services which cannot in whole or part be excluded or restricted by these terms and conditions then theses terms and conditions must be read in
conjunction with those statutory provisions. If any statutory provisions apply then to the extent to which MVO Services is entitled to do so, MVO
Services shall be limited to.
i. For goods – the replacement or repair of the goods
ii. For Services – the supply of the services again.
a) The rights and obligations of the buyer and MVO Services shall be governed by the laws of the State of Queensland.