All Goods sold by Maloufs are Second Hand.
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.
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
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.
If Maloufs retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
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.
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 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.
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.
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.
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.