These Terms and Conditions of Agreed Trading Terms will apply to all quotations, offers made, and purchase orders accepted, by Monart Pty Ltd, and its affiliates
WHERE THESE TERMS AND CONDITIONS OF SALE CONFLICT WITH THE TERMS AND CONDITIONS OF PURCHASE ORDERS OR OTHER PROCUREMENT DOCUMENTS ISSUED BY THE CUSTOMER. THESE TERMS AND CONDITIONS WILL PREVAIL.
DEFINITIONS
Reference to ““ACL” means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010.
Reference to “the customer” means the purchaser or hirer of goods &/or services from the supplier.
Reference to “the supplier” means Monart Pty Ltd, T/A; STM Studio Supplies, STM Studio Supplies NZ, Stanmart Film Services, Sports Mirrors Australia.
Reference to “the goods” means all goods and services and reports sold/delivered/installed or hired by the company to the customer.
Reference to “variations” means unforeseen/additional expenses unanticipated during the initial quotation process.
Reference to “special orders” means any goods outside normal stock line or goods specifically modified to the customer’s requirements that require special procedures, in manufacture or intellectual property.
Reference to “freight” means delivery, postage & handling, freight.
Reference to “monies” means any sums of money payable by the customer to Monart Pty Ltd under these terms and conditions of sale or hire.
Reference to “terms” means these terms and conditions of sale or hire.
Price
The price of goods will be as agreed by the supplier at time of order and subject to GST and any other applicable taxes.
Prices are determined at the time of order and, prior to payment of the deposit These are subject to change according to material increases outside the control of the supplier.
Prices will always be in $AUD unless stated otherwise.
Payment Terms and Conditions
Stock items
Payments are to be made in full to the supplier without deduction or discount, other than as stated in these terms or on the relevant invoice or statement prior to release of goods.
Special Orders & Indent Items
Special Orders and Indent Items require a 60% deposit to begin production, ordering, or construction, paid prior to proceeding with the order. The remainder will be due on completion and prior to delivery.
No return or cancellation will be accepted once the order has been processed.
Quotations
Quotations, without variations, are valid for 30 days and subject to provisions in the Building and Construction Industry Security of Payment Act 1999 Sections 8, 9, 11 and 12.
Orders
- Full payment required for stock items – unless discussed.
- 60% deposit required on installations & special orders.
- 20% progress payment required during the mid-point of installations.
- Balance and any variations will be due seven days after completion of the work.
- Maximum of 5% retention may be held for defects upon discussion
- Orders over $15,000 must be signed for on acceptance.
- Hires over $3,000 must be signed for on acceptance.
- Pricing subject to 10% GST.
Telephone Orders
All telephone orders will be immediately confirmed in writing by the supplier in the form of an invoice and/or tracking and shipping information. In the event the confirmation varies from that recorded and processed by the supplier, then the supplier’s records will prevail.
Purchase Orders
Monart Pty Ltd’s acceptance of any purchase order from the customer is strictly conditioned upon the customer’s acceptance of these terms and conditions of sale. The customer shall be conclusively deemed to have accepted the terms and conditions by written or electronic acknowledgement or acceptance transmission to Monart Pty Ltd, its agents or representatives of any order for goods.
No changes to a PO will be made without written agreement from both parties.
Purchase Orders will only be accepted after prior consultation.
Installations
A 60% deposit of the quoted price is payable prior to commencement of works.
- No ordering or preparatory work will be carried out until this amount has been received.
Progress Payment, including variations to date is to be made at the mid-point of works.
- 20% is payable at the mid-point of the installation.
- The Invoice will be emailed to the client, terms are 7 days.
Final Balance, including variations.
- Due on completion of the work and within 7 days of receipt of final invoice.
- 5% retention for defects allowed upon discussion.
Variations
The reasons, associated costs and any implicit time delay incurred by variations to the scope of work will be clearly documented and presented to the customer. Written approval will be obtained prior to carrying out the proposed extra work. Costs will be documented on the subsequent invoices. This notice needs to be a signed agreement for both the work and price. If the variation is required because there is likely to be danger to someone or damage to property, or to fulfil a completion timeframe, there may not be time to put the details in writing. In this case, the written variation may be done after the work has been carried out and will be reflected in subsequent invoice.
- Before the work commences on the variations, we will discuss the options, timeframe, and costs with you.
- The extra work will commence on signed agreement, and we will forward an invoice as soon as possible.
- Project budget will be under constant review as the project develops and subject to site inspection prior to commencement. Now and later, changes may occur due to new developments and activities.
- Therefore, the quoted cost must not be seen as final, but as indicative only, and subject to variations as necessary to accommodate the requirements of the participants as well as any unforeseen circumstances.
- We remind you that any relationship between the customer and the seller is governed by our trading terms which are in line with the Sales of Goods Act 1923 and by the Competition and Consumer Act 2010.
Hires
Payments are to be made to the supplier without deduction or discount, other than as stated in these terms or on the relevant invoice or statement prior to the release of goods, unless otherwise negotiated when placing an order.
- Verbal or written approval is deemed as an acceptance of quote.
- In the event the confirmation varies from that recorded and processed by the supplier, then the supplier’s records will prevail.
- Hires over $3,000 must be signed for on acceptance until then the goods will not be held.
- 25% Deposits required for goods to be held.
- Rates of hire are determined on a daily hire rate.
- Four days are deemed to amount to a weekly rate (7 Days including weekends).
- Discounted long hire rates may be applied upon discussion and written agreement.
Overdue Accounts
Overdue accounts will be subject to interest at the rate of 13% p.a. calculated over the period the account is outstanding until the date it is paid. These comply with the Civil Procedure Act 2005 (NSW).
- Our terms provide that collection, legal costs, and interest will be added to overdue accounts.
- In the event where your overdue account is referred to a collection agency or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
It is the customer’s responsibility to maintain a realistic accounting of prospective budget accretions.
Accepted Forms of Payment
Monart Pty Ltd offers various convenient methods of payment to accommodate our customers’ preferences. For purchases made through our online shops with active Stripe gateway integration, customers can securely pay using major credit or debit cards. Additionally, we accept payments over the phone, where customers can provide card details for processing. For added flexibility, we also offer bank transfers as a payment option, allowing customers to transfer funds directly from their bank account. Furthermore, for certain transactions, we provide the option for cash on delivery or cash on pick up.
Goods & Services Assurances Terms and Conditions
Consultant Reports & Drawings
Payments are to be made to the supplier, without any deduction or discount, other than as stated in these terms or on the relevant invoice or statement. Invoice amount must be paid in full prior to release of the report unless otherwise negotiated during initial consultation. Consultant reports and drawings provided by Monart Pty Ltd are proprietary and confidential information and shall not be shared or disclosed to any third parties without explicit written consent from Monart Pty Ltd in accordance with the laws of New South Wales.
Installations
We require 4-6 weeks’ notice prior to commencing installation and an order in writing to commence the manufacture and ordering process. School holiday periods are the most popular time for renovations and as such, this is when the schedule becomes busy, particularly the Christmas/New Year break. Should additional work need to be undertaken on commencement of the installation, this will be quoted as a separate item. Lead times may also vary dependant on the scope of works. Should additional work need to be undertaken on commencement of the installation, this will be quoted as a separate item.
Hire Equipment & Services
By hiring equipment from Monart Pty Ltd, you agree to the following terms and conditions.
- Equipment is provided on a rental basis and remains the property of Monart Pty Ltd always.
- The customer agrees to pay for all charges for hire, transport, loss, damage, repairs, and cleaning of hired equipment.
- All collection fees, court costs or any expenses involved in the collection of these charges will be borne by the customer.
- The hirer is responsible for the care and safekeeping of the equipment during the rental period.
- Equipment must be returned to Monart Pty Ltd in the same condition as it was received, normal wear and tears will be accepted.
- The customer will further indemnify the owner in respect of all claims, damages, and expenses in relation to the.
- Late returns may incur additional fees.
- Monart Pty Ltd reserves the right to refuse or terminate a hire at any time at its discretion.
- By proceeding with the hire, you acknowledge that you have read, understood, and agreed to these terms and conditions.
Please refer to the Terms & Conditions of Hire for full details.
Delivery
Monart Pty Ltd’s standard delivery service is primarily focused on serving the Sydney metropolitan area. We prioritize the safe and efficient transport of hired equipment to designated locations within this region. Any arrangements for deliveries outside the metropolitan area will be subject to explicit agreement and detailed in the corresponding quote or invoice. Our delivery fees are calculated on a per man-hour basis, inclusive of fuel costs and toll charges this includes loading and unpacking time.
- Difficult access &/or heavy items will incur a surcharge, individually estimated for each delivery, dependent on the degree of difficulty.
- Deliveries will be made during normal working hours.
- Deliveries required outside normal working hours will be delivered on request of the Customer, and all charges will be the sole responsibility of the Custom
- Delivery times are subject to industrial disturbances, delay in transit, damage to goods in transit, shortage of goods and any other cause beyond reasonable control of the Supplier.
- In the event the Customer or the Customer’s Agent is not on site to accept the delivery, then the driver’s signature denoting the time, date, and place of delivery will be deemed a failure of delivery. Additional shipping charges may apply.
The customer is at liberty to arrange their own delivery method, at their expense and on their time.
- Collections must suit Monart Pty Ltd business hours and be agreed to in writing.
- Any damages incurred will be charged to the client accordingly.
- Couriers will not deliver or be loaded if they are beyond the WHS policies of Manual Handling as indicated by state WorkCover Guidelines.
Any and all additional charges that are not paid for at the time of despatch, or included for free at the time of order, such as; change of delivery address, residential delivery, limited access, re-delivery, and storage fees will be the sole responsibility of the customer unless stated in the customer order as part of the shipping costs pre-paid by the customer to Monart Pty Ltd at the time of order.
If the customer refuses delivery for reasons other than those agreed to in writing within the order document, the customer will be responsible for all initial shipping and re-delivery charges.
Dangerous Goods
Delivery times can be longer than anticipated and the carriers add a significant surcharge for this specialist service, Monart Pty Ltd engages TNT for these items, for details please look at TNT’s Dangerous Goods Policy.
Delay in delivery or completion by Monart Pty Ltd will not constitute a breach of contract, nor will it affect any other provisions of the contract to the Supplier’s disadvantage.
For complete details please refer to our Shipping Disclaimer.
Insurance
The customer acknowledges that insurance of all goods is the responsibility of the customer at point of delivery. Options for freight insurance are available upon request and will be recommended on interstate and regional orders over $5000 or orders of fragile nature i.e. Glass and Mylar products.
No insurance is provided by Monart Pty Ltd but is outsourced.
Environmental Considerations
The customer confirms and acknowledges it has made all inquires in relation to all responsibilities conferred upon the customer, by the Protection of the Environment Operations (Waste) Regulation 2014, relating to storage of and disposal of any or all products supplied by the supplier.
Return, Refund or Cancellation of Goods
The Monart Pty Ltd returns policy is in addition to the Australian Consumer Law.
Monart Pty Ltd will accept returns and provide you with a refund, repair or replacement when;
- The goods are returned faulty or the goods do not match the description on your invoice.
- The goods are not fit for use upon our guidance.
Monart Pty Ltd will not accept returns or provide a refund, repair or replacement when;
- The goods have been misused.
- The goods have been stored incorrectly.
- The customer has changed their mind.
- The intended use has changed.
- Installation/application instructions were incorrectly followed or not followed at all.
- There have been unavoidable delays in outsourced goods or in house manufacture.
In the event the Customer elects to return goods or cancel goods on order, the Supplier at its absolute discretion, reserves the right to charge a 10% handling fee on the amount involved.
No reimbursements for return of goods will be processed, without prior approval of the Supplier in writing
Website Order Cancellation
Monart Pty Ltd reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Monart Pty Ltd may do this for example, but without limitation, where:
(a) Monart Pty Ltd’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Monart Pty Ltd’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Monart Pty Ltd is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, shipping calculation which was not discovered prior to the Order being accepted;
Cancellation by Customer
Signing / paying a deposit is considered as acceptance of a contract. We understand that circumstances change, often without notice, and will refund part of the deposit paid if cancellation notice is received within 7 working days of the payment. Monart Pty Ltd will retain 5% Administration fee, as well as such amounts outlaid on goods already under construction. This excludes special orders / indent items.
Notice of cancellation is required by phone and in writing within 7 days of payment of the deposit.
Please refer to the Returns Policy for full details.
Defects & Retentions
At Monart Pty Ltd, we prioritize the delivery of products and services that meet the highest standards of quality and functionality ensuring the satisfaction and confidence of our clients. However, should any concerns or issues arise, we are committed to addressing them promptly and comprehensively. We empower our clients with the ability to retain a maximum of 5% of the contract sum for works completed. This retention serves as a safeguard, allowing our clients to withhold a portion of payment until they are fully satisfied with the delivered work.
Within this, we implement a ‘fit-for-purpose clause’ stipulating that our products and services are not considered defective if they fulfil their intended functions effectively and as described. If this is the case procedures will commence only after all outstanding payments have been made by the client. This policy underscores our dedication to fair and transparent business practices, as well as our commitment to maintaining the integrity of our products and services.
In the event of minor concerns or defects, we are more than willing to address them promptly and without additional charges. However, it’s important to acknowledge that there may be instances where the extent or complexity of the issue necessitates additional time and resources to rectify. In such cases, while we endeavor to minimize any inconvenience to our clients, there may be a point where additional charges become necessary to cover the associated costs. Rest assured, any decisions regarding charges for defect rectification will be communicated transparently and discussed collaboratively with our clients to ensure fairness and mutual understanding.
Furthermore, in cases where significant costs are incurred to rectify any identified issues not in the scope of works, we reserve the right and may choose to invoice the customer a “do & charge” fee for the work done. This will be discussed at the time of notice.
Our goal is to foster trust and long-term partnerships with our clients by providing effective solutions and upholding our commitment to quality excellence.
Retention of Title
Until all invoices are paid in full, and all monies have been receipted and cleared, ownership of the goods remain with the supplier. This risk passes to the customer on delivery.
The customer indemnifies and saves harmless the supplier, or its agents in relation to loss or damage, from retaking the possession of the goods.
In the event the supplier exercises its right of retaking possession of the goods, the customer grants power of sale to the supplier to resell the goods and the customer acknowledges that any shortfall owing after the goods are resold will be the responsibility of the customer.
Warranties
All Monart Pty Ltd goods carry a 12 month guarantee on the quality of workmanship and finish.
Outsourced components come with manufacturers’ warranties that will be included in handover documents.
Materials are deemed free from faulty workmanship for a period of twelve months from date of delivery.
All Monart Pty Ltd warranties exclude:
- Components supplied by other supplier
- Damage caused by neglect or misuse of materials supplie
- The fading of powder coating.
- Installation of materials less than 500m from any marine environment (salt water, ocean or lake).
- Labour costs associated with installation or removal of defective product
- Corrosion that is caused from chemicals, e. brick cleaning acids.
- The supplier will not accept goods returned for warranty work, unless the freight is prepaid by the customer.
No warranty work will be completed whilst the customer’s account is in default of the agreed trading terms.
Privacy Terms & Conditions
Monart Pty Ltd places great importance on the security of all information associated with our customers. All personal information held is kept securely and that personal information is de-identified or destroyed securely when no longer required. Monart Pty Ltd retains information the customer provides to enable verification, transactions and customer details and to retain adequate records for legal and accounting purposes.
Some information provided by customers and other third parties might be considered private or personal. Without these details Monart Pty Ltd would not be able to carry out business or provide services to the customer. Monart Pty Ltd will only collect such personal information if is necessary.
The kinds of personal information that Monart Pty Ltd collects includes:
- names, including trading names, business names.
- contact details.
- address.
- email address.
- phone number/s.
Please refer to the Privacy Policy for full details.
Intellectual Property
All intellectual property rights, including but not limited to trademarks, copyrights, patents, and trade secrets, associated with Monart Pty Ltd’s products, services, and materials provided to customers are owned by Monart Pty Ltd, in accordance with the relevant legislation in New South Wales.
Failure to adhere to Monart Pty Ltd’s intellectual property guidelines, as outlined in accordance with New South Wales and Australian legislation, may result in legal action and enforcement measures to protect the company’s intellectual property rights.
Use of Images
By using our website or engaging with our services, you grant Monart Pty Ltd permission to use any images of works completed by our company for promotional and marketing purposes.
This includes, but is not limited to:
- Displaying these images on our website.
- Social media channels.
- Marketing materials.
- and any other promotional platforms or mediums.
We reserve the right to edit, modify, or enhance these images as deemed necessary for promotional use. You confirm that you have the necessary rights and permissions to grant us this license for the images provided, and you indemnify Monart Pty Ltd against any claims or liabilities arising from the use of these images.
If you have any concerns regarding the use of your images, please contact us to discuss further.
Please refer to the Privacy Policy for full details.
Changes to Terms and Conditions
Monart Pty Ltd reserves the right to amend, modify, or update these terms and conditions at any time without prior notice. Changes to the terms and conditions will be effective immediately upon posting on our website. It is your responsibility to review these terms and conditions periodically for any updates. Your continued use of our website and services after any modifications indicates your acceptance of the revised terms. If you do not agree with the changes, you must cease using our website and services. Monart Pty Ltd may also notify users of significant changes via email or other communication channels. These terms and conditions are subject to change in accordance with applicable laws and regulations.
Force Majeure
The supplier will not be liable for any failure of or delay in the performance of these terms and conditions for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of god, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Applicable Law & Jurisdiction
These terms of use, their subject matter, and their formation are governed by Australian law. You and we both agree to submit to the exclusive jurisdiction of the courts of Australia.