Terms and Conditions

Definitions

In these terms and conditions agreement means any agreement or contract entered into for the provision of goods and/or services by MVO Services to the customer.

“MVO Services” means DJG Queensland Pty Ltd of 3 Toonburra Street Bundaberg QLD 4670. The “customer” means any person, firm or corporation requiring goods or services from MVO Services. “Goods” means goods supplied from MVO Services to the customer or purchaser. “GST” means the goods and services tax as defined in a New Tax System (Goods & Services Tax) Act 1999 as amended. “Terms” means these terms and Conditions of Sale.

The customer wishes to buy goods and services from MVO Services and MVO Services has decided to sell and/or provide the goods and services to the customer.

Basis of Agreement

No amendment, alteration, waiver or cancellation of any of these terms is binding on MVO Services unless confirmed by MVO Services in writing. The customer acknowledges that no employee or agent of MVO Services is authorised to make any representation, warranty or promise in relation to the goods sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by MVO Services.

Any written quotation provided by MVO Services to any of its customers concerning the supply of goods and services is:

(i) valid for thirty (30) days;

(ii) an invitation to treat only;

(iii) subject to the customer offering to enter into an agreement in accordance with these terms. Such agreement shall be deemed to be accepted by MVO Services when MVO Services confirms its acceptance of such offer in writing or by electronic means or delivers goods to the customer.

MVO Services has no obligation to accept any offer from any customer and may by notice in writing vary or amend these terms at any time, provided that such variation or amendment would only apply to offers accepted by the customer after the date of such notice of variation.

All prices quoted in the written quotation or verbally to the customer for the supply of goods exclude GST and other taxes and duties payable in respect of the goods unless stated otherwise.

Payment

Unless MVO Services shall otherwise agree, payment for goods and services must be made in full prior to delivery of the goods or provision of any services. Payment by cheques are deemed unpaid until the payments under the proceeds of the cheques are cleared.

Payment terms may be revoked or amended at the sole discretion of MVO Services by MVO Services giving written notice to the customer.

Passing of Property

Until the full payment in cleared funds is received by MVO Services for all goods to be supplied by MVO Services to the customer as well as any other amount which may be owing to MVO Services by the customer:

  • Title and property in all goods remains vested in MVO Services and do not pass to the customer and in the event that goods have been delivered by MVO Services to the customer and no title to the said goods shall pass to the customer who shall hold the said goods as fiduciary bailee and agent for MVO Services;
  • MVO Services may without notice enter any premises where it suspects any such goods may be and remove them, notwithstanding that they have been attached to other goods, not the property of MVO Services and the customer irrevocably licences MVO Services to enter such premises without liability for trespass or any resulting damage and indemnifies MVO Services against all claims, actions, suits and demands brought by any party arising out of such action;
  • Subject to, and in accordance with the Personal Property Securities Act 2009, to keep or resell any Goods repossessed pursuant to paragraph above.
  • If the goods are resold, or products manufactured using the goods are sold, by the customer, the customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of MVO Services upon request. Notwithstanding the provisions above MVO Services shall be entitled to maintain an action against the customer for the purchase price and the risk of the goods shall pass to the customer upon delivery.

Risk and Insurance

Any risk in the goods and any responsibility to cover the goods by insurance in respect of theft, damage or otherwise passes to the customer upon the goods being dispatched to the customer or collection of the goods by the customer, the customer’s agent or courier as the case may be.

Acknowledgments by the Customer

The customer acknowledges that:

  • It has not relied on any advice, recommendation, information or assistance provided MVO Services or any employee or agent of MVO Services in relation to the sale of goods and/or services or the use or application of such goods or services;
  • The customer has the sole responsibility to satisfy itself that the goods or services are suitable for the use of the customer or any contemplated use by the customer whether or not such use is known to MVO Services; and
  • any description of goods provided in a quotation or notice is given by way of identification only and the use of such description does not constitute a contract of sale by description;
  • the customer must provide to MVO Services particulars of its Australian business number, its order number and the quantity and model number, its delivery address and insurance details when MVO Services requests it.
  • Once a deposit has been paid, goods may be held at the request of a customer for a maximum of 4 weeks at the MVO Services warehouse from date of order. Should any order(s) be required to be held longer by MVO Services, a 5% charge will be incurred based on the purchase price of the order per week until the goods are ready to be picked up or dispatched.

Damaged in transit

Unfortunately items are occasionally damaged in transit.  If an item arrives and the packaging or the item itself is clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately. We'll communicate your feedback with our delivery partners and suppliers to ensure our service and the quality of packaging is improved.

If you notice that an item is damaged after it has been delivered to you, please take photos or video clearly showing the damage and contact us as soon as possible, ideally within 3 business days of receiving your delivery.

The type of remedy we offer will depend upon the circumstances. We will work collaboratively with you to find an outcome that you're satisfied with. For example we may arrange to:

-          Suggest a self repair (with an offer of compensation to you)

-          Arrange a repair by a local tradesperson in your area (with an offer of compensation to you)

-          Arrange for the product to be returned to us or our supplier

-          Replace the product (subject to availability)

-          Offer a partial or full refund

If we require you to return the product to us, we will pay the cost of the return.

Wrong item delivered

Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, let us know as soon as you can, ideally within 3 business days of receiving your delivery. We will offer to send you the correct item and arrange for the pick up and return of the incorrectly shipped item at no cost to you.

Faults and Warranty Claims

MVO Services warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. Warranties and guarantees are provided in accordance with Australian Consumer Law.

If an item arrives that is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 3 business days of receiving your delivery.

The best solution to any product fault depends on the nature of the fault itself, and the outcome that works best for you. We will work collaboratively with you to find a solution that you're satisfied with. For example we may arrange one or a combination of the following:

-          Send you any missing parts or components

-          Suggest a method self repair (with an offer of compensation to you)

-          Arrange a repair by a local tradesperson in your area (with an offer of compensation to you)

-          Replace the product (subject to availability)

-          Offer you an alternative product

-          Offer a partial or full refund

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

This Faults and Warranties policy does not cover:

-          Normal wear and tear

-          Damage arising from improper assembly or modification

-          Damage arising from abnormal use or abuse

-          Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric, leather or timber)

-          Damage to external or product packaging only

-          Insignificant minor variations in dimensions, colour or finish

-          Insignificant minor imperfections or superficial blemishes

Linked Credit Contracts

MVO Services may from time to time offer credit contracts by financiers to customers;

  • The customer acknowledges that they have received a copy of the credit contract from MVO Services at the time of executing the Terms and Conditions of sale;
  • MVO Services discloses that it may receive a commission from the credit provider for referring the customer to the credit provider;
  • MVO Services has advised the customer to seek their own independent legal advice prior to entering into the credit contract and/or approach a credit provider of the customer’s own choice;
  • MVO Services shall not be liable for any claims for damages arising from the customer entering into any credit contract with the credit provider and the customer shall satisfy themselves of all matters arising from the credit contract and shall indemnify and hold harmless MVO Services for any damages and losses arising from the credit contract.

Miscellaneous

This agreement shall be construed in accordance with the laws of the Queensland and the parties agree to the non-exclusive jurisdiction of the Courts of the State of Queensland and of Courts entitled to hear appeals from these Courts.

Failure by MVO Services to enforce any of these terms shall not be construed as a waiver of any of MVO Services’s rights.

If any of the terms of this agreement shall be unenforceable such terms shall be read down so as to make it enforceable or if it cannot be read down the condition shall be severed from these terms without affecting the enforceability of the remaining terms and conditions.

Any notices given by either party to this agreement may be delivered personally or sent by facsimile or pre-paid mail to the last known address of the addressee and shall be deemed to be received upon posting or receipt of facsimile transmission or email.

Waiver and Assignment

No failure by MVO Services to insist on strict performance of any of any terms in these terms is a waiver of any right or remedy which MVO Services may have and is not a waiver of any subsequent breach or default by the customer.

Neither the agreement nor any rights arising under the agreement may be assigned by the customer without the prior written consent of MVO Services which it may give or refuse at its absolute discretion