As the Goods are second hand they do not have any warranty.
All Goods are available for inspection, and are supplied as seen.
Malouf’s do not clean any Goods before or after they are received by the
Client, nor remove stickers and labels.
Maloufs will gladly exchange any Goods that are defective or damaged, in
accordance with the terms and conditions below.
For Installations;
A Fork lift must be provided by the Client, to unload the Goods, and for
use during construction.
The construction area must be clear and empty before our staff will begin
work. If for any reason un-due to Maloufs Construction is unable to be
begun, and additional fee of $77.00 will be charged.
Once Construction has begun, any alteration of the floor plan, or the
height of the shelf levels will incur and additional charge of $55.00 per
hour – per man.
Full Payment is due at the time the installation is complete.
Any Remaining Goods will be happily refunded at time the Goods are
returned to Maloufs.
Maloufs Terms and Conditions
Acceptance
a) Any instructions received by Maloufs from the Client for the supply of
Goods and/or the Client’s acceptance of Goods supplied by Maloufs shall
constitute acceptance of the terms and conditions contained herein.
b) Where more than one Client has entered into this agreement, the Clients
shall be jointly and severally liable for all payments of the Price.
c) Upon acceptance of these terms and conditions by the Client the terms
and conditions are binding and can only be amended with the written
consent from Maloufs.
Delivery Of Goods
a) Delivery of the Goods shall take place when the Client takes possession
of the Goods at the Client’s nominated address.
b) The costs of delivery are for the Client’s account.
c) The Client shall make all arrangements necessary to take delivery of
the Goods whenever they are tendered for delivery. In the event that the
Client is unable to take delivery of the Goods as arranged then the Seller
shall be entitled to charge a reasonable fee for redelivery.
d) Delivery of the Goods to a third party nominated by the Client is
deemed to be delivery to the Client for the purposes of this agreement.
e) Maloufs may deliver the Goods by separate instalments. Each separate
instalment shall be invoiced and paid in accordance with the provisions in
these terms and conditions.
f) The failure of Maloufs to deliver shall not entitle either party to
treat this contract as repudiated.
g) Maloufs shall not be liable for any loss or damage whatever due to
failure by Maloufs to deliver the Goods (or any of them) promptly or at
all.
Risk
If Maloufs retains ownership of the Goods nonetheless, all risk for the
Goods passes to the Client on delivery.
Title
a) Title to all goods sold and delivered to the purchaser shall remain
with the supplier and will not pass to the purchaser until such time as
all monies due from the purchaser to the supplier are paid. In the event
that the said goods or any part thereof are sold by the purchaser on
credit terms and there remains monies due by the purchaser to the supplier
then any debt due to the purchaser shall be the property of the supplier.
The supplier shall have full authority to direct payment of such debt as
if the supplier were the customer in relationship to the party to whom the
goods have been sold. That the supplier has the right to collect from the
sub-purchaser the proceeds of sale of the goods originally supplied or of
the new goods with which they have been mixed or incorporated.
b) Receipt from Maloufs of any form of payment other than cash shall not
be deemed to be payment until that form of payment has been honoured,
cleared or recognised and until then Maloufs ownership or rights in
respect of the Goods shall continue.
c) It is further agreed that:
- If the Client fails to return the Goods to Maloufs then Maloufs or
Maloufs agent may enter upon and into land and premises owned, occupied or
used by the Client, or any premises as the invitee of the Client, where
the Goods are situated and take possession of the Goods; and
- Maloufs can issue proceedings to recover the Price of the Goods sold
notwithstanding that ownership of the Goods may not have passed to the
Client; and
- until such time that ownership in the Goods passes to the Client, if the
Goods are converted into other products, the parties agree that Maloufs
will be the owner of the end products.
Defects
a) The Client shall inspect the Goods on delivery and shall within seven
(7) days of delivery (time being of the essence) notify Maloufs of any
alleged defect, shortage in quantity, damage or failure to comply with the
description or quote. The Client shall afford the Seller an opportunity to
inspect the Goods within a reasonable time following delivery if the
Client believes the Goods are defective in any way. If the Client shall
fail to comply with these provisions the Goods shall be presumed to be
free from any defect or damage. For defective Goods, which the Seller has
agreed in writing that the Client is entitled to reject, Maloufs liability
is limited to either (at Maloufs discretion) replacing the Goods or
repairing the Goods.
Returns
Returns will only be accepted provided that:
- the Client has complied with the provisions of clause 5 and
- the Goods are returned at the Client’s cost within seven (7) days of the
delivery date; and
- the Seller will not be liable for Goods which have not been stored or
used in a proper manner; and
- the Goods are returned in the condition in which they were delivered.
Warranty
The Client acknowledges that he has had full opportunity to inspect the
Goods and that he accepts the same with all faults and that no warranty is
given by Maloufs as to the quality or suitability for any purpose and any
implied warranty, statutory or otherwise, is expressly excluded. Maloufs
shall not be responsible for any loss or damage to the Goods, or caused by
the Goods, or any part thereof however arising.
Default & Consequences of
Default
a) Interest on overdue invoices shall accrue daily from the date when
payment becomes due, until the date of payment, at a rate of two and one
half percent (2.5%) per calendar month and such interest shall compound
monthly at such a rate after as well as before any judgment.
b) If the Client defaults in payment of any invoice when due, the Client
shall indemnify Maloufs from and against all costs and disbursements
incurred by Maloufs in pursuing the debt including legal costs on a
solicitor and own client basis and Maloufs collection agency costs.
c) Without prejudice to any other remedies Maloufs may have, if at any
time the Client is in breach of any obligation (including those relating
to payment), Maloufs may suspend or terminate the supply of Goods to the
Client and any of its other obligations under the terms and conditions.
Maloufs will not be liable to the Client for any loss or damage the Client
suffers because Maloufs has exercised its rights under this clause.
d) Without prejudice to Maloufs other remedies at law Maloufs shall be
entitled to cancel all or any part of any order of the Client which
remains unfulfilled and all amounts owing to Maloufs shall, whether or not
due for payment, become immediately payable in the event that any money
payable to Maloufs becomes overdue, or in Maloufs opinion the Client will
be unable to meet its payments as they fall due.
Cancellation
a) Maloufs may cancel any contract to which these terms and conditions
apply or cancel delivery of Goods at any time before the Goods are
delivered. Maloufs shall not be liable for any loss or damage whatever
arising from such cancellation.
b) In the event that the Client cancels delivery of Goods the Client shall
be liable for any loss incurred by Maloufs (including, but not limited to,
any loss of profits) up to the time of cancellation.
General
a) Maloufs shall be under no liability whatever to the Client for any
indirect loss and/or expense (including loss of profit) suffered by the
Client arising out of a breach by Maloufs of these terms and conditions.
b) In the event of any breach of this contract by Maloufs the remedies of
the Client shall be limited to damages which under no circumstances shall
exceed the Price of the Goods.
c) The Client shall not be entitled to set off against or deduct from the
Price any sums owed or claimed to be owed to the Client by Maloufs.
d) The failure by Maloufs to enforce any provision of these terms and
conditions shall not be treated as a waiver of that provision, nor shall
it affect Maloufs right to subsequently enforce that provision.
