Terms & Conditions
These standard terms and conditions apply to all sale of products or provision of services by Muru Office Supplies Pty Limited ABN 58 601 516 545 (“MOS”) to any customer (“the Customer”).
TITLE TO PRODUCTS
Until the purchase price of the products and all other sums due by the Customer to MOS upon any account whatsoever have been paid or satisfied in full:
the Customer has the right to dispose of the products in the course of its business for the account of MOS and to pass good title to the products to its customer being a bona fide purchaser for value without notice of MOS’ rights. If the products are on-sold prior to MOS being paid in full then the sale proceeds are to be held in trust by the Customer for MOS.
MOS hereby limits the amount of its liability in the case where the products or services are not of a kind ordinarily acquired for personal, domestic or household use, at MOS’ option, to:
(a) In the case of products, any one or more of the following:
(b) In the case of services:
Subject to the above, under no circumstances will MOS be liable for any loss or damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in products or services sold or supplied by MOS. It is the Customer’s sole responsibility to ensure that the products or services supplied are sufficient and suitable for the purposes of the Customer.
The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies MOS, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by MOS of any goods and services, including any liquor related products, which MOS may supply to the customer.
RECOVERY OF LEGAL COSTS AND COLLECTION EXPENSES BY MOS
SPECIAL BUY INS
Special Buy Ins are products sourced specifically or made specifically for the Customer. These products are not returnable once ordered. The Customer warrants that any logos, photographs or other material provided by the Customer in connection with Specific Buy Ins do not infringe any rights of third parties and the Customer agrees to indemnify MOS from any claims, liability or expense relating to any breach of this warranty.
No other discount is valid with these offers. These products are not returnable once ordered.
FURNITURE, PRINT AND PROMOTIONAL ITEMS
For all Furniture, Print and Promotional Items, the Customer may be required to pay to MOS a Deposit, as specified by MOS to the Customer, and prior to MOS processing the Order(s).
Any Deposit paid by the Customer to MOS is non-refundable. The balance of the agreed price is to be paid by the Customer to MOS as directed by MOS, either prior to delivery and installation of the goods, or otherwise in accordance with MOS’ normal terms of payment.
FURNITURE RETURNS POLICY
Furniture as a category is generally non-returnable.
The following exceptions apply:
Conditions to policy
CUSTOMER SPECIFIC STOCK
Where MOS has purchased stock on behalf of the Customer for purchase by the Customer over time and the Customer does not comply with the agreed timeframe(s) for purchase (or 30-day notice from MOS in the absence of an agreed timeframe) then at MOS’ option any one or more of the following may apply:
Where the Customer is a company, society, association of persons, or trustee/MOS shall not be concerned to inquire into the powers of the Customer or its directors or other agents acting or purporting to act on its behalf, nor is MOS concerned to inquire into the powers of the trustee in order to ascertain whether the trustee is functioning within the terms of his trust, and any credit extended by MOS in reliance upon a professed exercise of such powers shall be deemed to form part of the principal debt and liability even where the obtaining of such credit shall be in excess of the powers of the Customer or the Directors or other agents aforesaid or of the trustee or shall be in any way irregular, informal or defective.
Any orders placed with MOS are on the basis of these terms and conditions unless otherwise expressly agreed in writing by MOS. In the event of any inconsistency between any terms and conditions in the Customer’s order and these terms and conditions, MOS will be deemed, by delivering the product to the customer or supplying services to the Customer, to have made an offer to the Customer, to sell the products or to supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the products or accepts the services.
MOS may add to or change these terms and conditions provided the updated terms and conditions are available to be viewed on line at www.muruoffice.com.au. The Customer will be bound by and agrees to accept any such updated terms and conditions.
The law of the State of New South Wales shall apply to these terms and conditions and sales by MOS.
COMPETITION AND CONSUMER ACT 2010
This agreement must be read subject to the provisions of the Competition and Consumer Act 2010 (“CCA). If any provision of this Agreement is invalid or unenforceable by reason of the CCA, such provision shall be severed from the Agreement, and this will not otherwise render any other provision of this Agreement unenforceable.
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Our vision is to create a ‘pathway’ for future generations of Aboriginal and Torres Strait Islander people. MOS contributes a percentage of all profits to support our people and communities.