Trading Terms and Conditions
The following are Multi Seating Company (Proprietor – Adhi Cresco Pty Ltd) Terms of Trade ("the Terms"). The Customer ("the Buyer") you agree to be bound by the following terms and conditions when Multi Seating Company (from herein onwards will be abbreviated as MSC) supplies goods to you in response to an order made by you. "Goods" shall mean all products and or services supplied by MSC to the customer from time to time.
1. Basis of Agreement
1.1. Continuance of the Terms
The terms will continue in force until MSC advises the Customer of any changes to them. If the customer orders goods after MSC have advised them of a change to these terms, the Customer will be bound by the amended terms.
1.2. General Agreement
No amendment, alteration, waiver or cancellation of any of these terms is binding on MSC unless confirmed by MSC in writing. Customer acknowledges that no employee or agent of MSC 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 MSC.
2. Quotes by MSC
2.1. Unless otherwise agreed, any quote(s) provided by MSC will be open for acceptance during the period specified in the quotation(s) or, if no period is stated, within 14 days.
2.2. If customer has not placed the order within the specified period, MSC reserves the right to change the price without prior notice. Customer agrees to always confirm the validity of previous quote prior to placement of order.
3. Price and Availability of products
Customer acknowledges and accepts that all prices and availability of all products supplied by MSC are subject to change without prior notice. Errors will be corrected as they are discovered and MSC reserves the right to revoke any offer, correct any error, omission or inaccuracy at any time (including after an order has been placed).
MSC may, for any reason, decide not to supply the goods or some of the goods ordered by customer at any time; this will be followed up with notification to advice of the action taken within 7 business days after the order has been received. MSC shall not be liable to the customer for any loss or damage suffered as a result of MSC non-supply of the ordered goods.
Once an order has been placed by customer and confirmed by MSC it will be carried out accordingly.
4.1. Cancellation of order after confirmation
If customer thereafter wishes to cancel or vary the order, then they shall be liable for any costs of manufacture incurred by MSC up to that point in time.
Any order(s) for goods that MSC has in stock once a deposit has been paid, goods may be held for a maximum of 14 days only from date of order at MSC warehouse. Should any order(s) be required to be held longer by MSC a storage fee of $8.00 per cubic metre will be charged per week until goods have been picked up or dispatched.
5. Special Order
“Special Order” shall mean any order(s) placed by customer to MSC for products or services which are not within the standard practice and therefore need to be custom-made in accordance to specified requirement/material/dimension/design.
50% deposit is required and must be paid upon acceptance of order by MSC; order(s) will not be processed until deposit has been received by MSC. MSC shall not be held accountable for any loss incurred due to delay of order delivery as a result of non-payment of deposit. Balance owed to MSC must be paid prior to dispatch of goods.
5.2. Cancellation of Special Order after confirmation
If customer thereafter wishes to cancel or vary the order, then they shall be liable for any costs of manufacture incurred by MSC up to that point in time. MSC will deduct the cost from the deposit paid in advance.
5.3. All Special Order agreement are final once customer confirm, MSC shall not accept any returns due to change of mind.
6. Receipt of Order
Customer agrees that they will check each order immediately upon receipt of the order and will notify MSC at that time of any shortage in quantity of goods delivered. Customer expressly discharges MSC from any liability whatsoever (including but not limited to any claim for negligent misstatement or breaches of the Trade Practices Act 1974) arising out of a shortage of goods delivered if notification of the shortage of goods has not been made to MSC at the time of receipt of the order.
7.1. Payment can be made via EFT, Cheque or Credit Card*. Credit card payment will incur a surcharge fee.
7.2. Unless MSC otherwise agrees, payment for goods and services must be made in full prior to dispatch of the goods or provision of any services. Payments made by cheques are not valid until it has been cleared.
7.3. Payment terms may be revoked or modified at the sole discretion of MSC by MSC giving written notice to customer.
7.4. Deposit payment is required at 40% of invoice when customer has committed to an order but do not require until a later date.
7.5. Any amount overdue for payment will bear interest at the rate of 1.5% per month from the date it becomes overdue until paid. In addition, all trading activities with the customer whose account is overdue may be suspended until payment to such account has been made.
8. Replication of Goods
- Customer agrees that neither them nor their employees or agents will replicate or attempt to replicate any goods supplied by MSC.
9. Retention of Title
Possession of the goods shall pass to the customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the customer when they has paid MSC all that is owing in respect of the goods. Until such payment is made, customer holds the goods as bailed for and on behalf of MSC.
10. Description of the Goods
The descriptions, illustrations and performance data contained on the website, price lists and other advertising matter, do not form part of the contract of sale of the goods or of the description applied to the goods.
All images, content and site design and their arrangement are copyright MSC. You may not distribute, modify or reproduce content, images or site design without permission from MSC.
12. Acknowledgments by the Customer
Customer acknowledges that:
12.1. Customer has not relied on any advice, recommendation, information or assistance provided MSC or any employee or agent of MSC in relation to the sale of goods and/or services or the use or application of such goods or services;
12.2. Customer has the sole responsibility to satisfy the customer self 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 MSC;
12.3. Customer must provide to MSC upon request the customer’s Australian Business Number, purchase order number, quantity, model number, delivery address and freight details.
13. Delivery and Freight
13.1. MSC shall provide to the customer an estimated date of delivery and will do its best to adhere to this. MSC shall not be made liable for the customer losses in the event where goods cannot be supplied by the estimated date.
13.2. The obligations of MSC in relation to delivery shall extend to the delivery of goods to the kerbside or street level only. In the event where there are additional delivery requirements customer must inform MSC at a reasonable time prior to any such delivery, and any additional costs thereby incurred by MSC shall be conveyed to the customer.
13.3. Any cost incurred to deliver the goods is chargeable to the customer as all prices quoted on this website are ex MSC warehouse. MSC welcomes any arrangement organised by the customer to collect goods from MSC’s warehouse during business hours of 9:00am to 4:30pm.
13.4. Freight quoted is based on Monday to Friday business hours. Site must be clear and free from obstruction and, unrestricted lift facilities, if required, must be available at no charge.
13.5. If customer has accepted the freight that MSC has recommended for them it is of their responsibility that when goods are being delivered there will be someone there to receive it.
Any recommended quote freight from MSC are based on a once off delivery option only, alternatives for redelivery will be at the customer expenses. MSC shall not be hold responsible for an additional charge(s) incurred when customer cannot meet the requirements mentioned above.
14. Return of Goods
14.1. If customer decides to return their item(s) for any reason MSC must be notified via the written form to (email@example.com). MSC will at that point review the matter prior to accepting or refusing the return. Customer will be informed immediately via written form once the decision has been made by MSC.
Customer must also state in the email the order number, MSC invoice number and the item(s) they are returning.
14.2. If MSC chooses to accept the goods back from the customer then MSC will credit the customer the purchase price, excluding two delivery fees (to cover the outward and inbound delivery costs).
There will be a restocking fee at 25% for each item returned. Item(s) returned must be in its original condition so that we can endeavor to re-sell it.
15. Inspection and Return of Defective Goods
Customer agrees to inspect the goods on receipt and to notify MSC immediately within 48 hours upon becoming aware of any damage or defect. Customer expressly discharges MSC from any liability whatsoever (including but not limited to any claim for negligent misstatement or breaches of the Trade Practices Act 1974) arising out of a delivery of defective goods.
Where notification and proof (such as digital photos) of an alleged defect in goods has been made within 48 hours of delivery and MSC is satisfied that the goods are defective, MSC will replace the goods with equivalent goods, provided the identified defects have arisen solely from faulty materials and/or workmanship on the part of the manufacturer and this will be the limit of MSC liability with respect to any defective goods.
MSC will not accept responsibility for any goods that have been damaged as a result of mistreatment, inattention, interference and/or malicious damage. The return to MSC of goods alleged by customer to be defective without MSC written consent will not in any way affect the customer obligation to pay for the goods in accordance with these Terms.
16. Freight – Goods damage in transit
If MSC organises the freight under instructions by the customer, all freight costs are inclusive of insurance against damage. MSC will not be responsible for damage in transit if the customer organises the freight by providing their carrier. All insurance claims are between the customer and the relevant carrier unless such damage has been caused through negligence on the part of MSC.
17. 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 the customer upon the goods being dispatched from the premises of MSC or from the warehouse of MSC or other place where the goods may be situated. Customer shall assume all risk and liability for loss, damage or injury to persons or to properties of the customers’ or to third parties arising out of the delivery of the goods or their use and possession.
18.1. Product Warranty - Unless stated all products are under 12 months warranty including wear and tear.
18.2. Structure Warranty – Warranty covers the structure of the products only excluding wear and tear.
19. Sample Goods
MSC will not be held liable for any variations or composition differences to goods supplied to the customer/s which have been ordered after one year of the original sample being supplied.