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1. The Parties agree that:
1.1 The Customer will be entitled to benefits and limitations of manufacturers warranty only. This warranty will not apply to (a) wear and tear: and (b) goods damaged subsequent to delivery.
1.2 In the event that any article or workmanship is found to be defective then the Company may in its absolute discretion either rectify, replace or repair such article or refund to the customer the whole or a portion (in its absolute discretion) of the purchase price, provided however that;
1.3 The Customer has notified the Company in writing within 12 months from the date of delivery for the Goods and Services.
1.4 The Company has agreed in writing that the defect is the fault of the Company.
1.5 The Customer follows the Company’s instructions in respect of returning the defective article to the Company
1.6 The Customer will pay for all costs (unless otherwise agreed) associated in
1.6.1 Returning the defective article to the Company,
1.6.2 The Company returning the repaired article to the Customer,
1.6.3 Or should it be deemed necessary, the costs of the Company resupplying a replacement article to the Customer.
1.7 The Customer has paid in full all amounts owing to the Company for the supply or installation of goods, product or services including any interest accrued thereon:
1.8 The warranty shall only apply to services performed by the Company and to goods manufactured by the Company. The Company thereby agrees where possible to assign to the Customer all warranties or guarantees to any Goods not manufactured by the Company.
1.9 Should the Company determine on delivery of the defective article that the Customer has misused, neglected or tampered with the defective article without the express permission of the Company, even where such misuse, neglect or tampering has not contributed to the defect, then the terms of this warranty will not apply.
The parties agree that:
2.1 This quote is valid for a period of 30 days.
2.2 The Customer is required to pay a deposit of 50% of the price quoted by the Company for the Order within the period where the quote remains valid.
2.3 Should the Customer cancel their order, their deposit is deemed non-refundable and thus forfeited.
2.4 The Customer may not alter the order once the payment of the deposit has been made. If any changes are made after the deposit is paid, a fee will apply in accordance with costs associated with the changes.
2.5 Unless otherwise stated herein payment of the remaining 50% shall be made to the Company on completion, by cash, cheque, credit card or direct deposit. If the total amount is not paid on completion all accounts due shall attract interest at the rate of 18% per annum from the date of the invoice.
2.6 No variation, alternation or addition to this Contract must be of any force or effect unless in writing and signed.
2.7 Where any other documents are entered into between the parties it is expressly agreed that in the event that any condition, term or proviso therein contained is inconsistent with these terms of trade, then these terms of trade shall apply.
2.8 The Customer authorises the work as outlined in the SOW to proceed and agrees that in the event of other faults or defects being encountered in the process of installing the Goods then repaired defects will be charged at the hourly rates as determined by the Company and shall be additional to the Contract Price and paid by the Customer:
2.9 Risk of loss, damage or deterioration to the Goods and Services must pass to the Customer upon delivery or installation as the case may be.
2.10 The Company is not liable for any consequential damages or loss of whatsoever nature in any circumstances. 2.11 The Company will not be liable for the powdercoat colour of any Security Frame, Trims or Additional Sections that are powdercoated on behalf of the Customer. Colours from the Companies Standard Colour Range will be used in the first instance. Requests for specific or alternate colours should be made by customer at the time of quote.
2.12 In the event that the Company attends the site of a claim and determines, in its absolute discretion, that the faults is not that of the manufacturer, the Company may charge for travel time and time spent on the site of the Customer.
2.13 Ownership of all Goods remains the property of the Company as legal and equitable owner and does not pass to the Customer until paid for in full. Until then: (a) if the Goods are used to make a new Goods, then the new Goods are owned by the Company; (b) the Customer is in possession of the Goods solely as bailee for the Company; (c) the Customer must store the Goods separately from its own; and (d) the Customer must on request provide details of all parties to whom Goods have been delivered.
3.1 Accept responsibility for crating, freight, mileage, storage costs and travelling time;
3.2 Accept that delivery dates are given in good faith having regard to known conditions at time of quoting and that the Company is not liable for damages or penalties arising from delays in delivery, delivery installation and commissioning, and that the Customer is responsible for delivery of the Goods.
3.3 Provide necessary power, gas and water for the required installation services, access to premises, physical security, consumables, telecommunications services, safe workplace and all insurances, permits and licenses as required by law.
3.4 Be solely responsible for and indemnify the Company against:-
3.4.1 any loss or damage to the Goods;
3.4.2 all claims whatsoever for injury to person or property caused by or in connection with the Goods and Services. (other than through the Company acting negligently.)
3.5 Be liable for obtaining Council/Government permits and authorities in order to provide the Goods or Services as well as the payment of any fees imposed by such authorities to enable the installation of the Goods by the Company.
3.6 The Company will not be deemed responsible for delays caused by Local Government, inclement of weather, strikes or non availability of materials;
3.7 The Customer agrees that no other agreement, verbal or otherwise exists or has been agreed to by the Company or its representatives and therefore no other conditions, understanding, promises are binding on this Contract
4.1 the Company is Mr Mesh It Pty Ltd and its successor in title and assigns.*
4.2 this Contract is for the supply of the Goods and Services pursuant to these Terms and Conditions and the Purchase Order.
4.3 * Contract Price is the agreed price for the supply of the Goods and Services in the Purchase Order.
4.4 * the Customer is any entity engaging the Company to supply Goods and Services. Where there are two or more persons the terms and conditions shall bind them jointly and each of them severally.
4.5 * Intellectual Property is the name, and all trademarks, logos, service marks, trade names, business names, designs, patents, inventions, processes and other technical know-how, confidential information and other rights in industrial property and applications for the Goods;
4.6 * the Goods are identified in the Purchase Order.
4.7 * the Purchase Order is attached.
4.8 * the Services includes Services supplied to the Customer including Scope of Works set out in the Purchase Order.
4.9 * SOW is Scope of Works as set out in the Purchase Order.
5.1 Add to the Contract Price any amount which may be required to be remitted to any appropriate authority to properly perform the Contract.
5.2 Offset all or part of any of the Contract Price against any moneys owed by the Customer to the Company or to pay for any of the Company’s equipment which was lost, damaged, stolen or destroyed during the course of the Contract.
5.3 Claim and recover from the Customer all losses, costs and expenses incurred by the Company in consequence, directly or indirectly, of any breach of the Contract on the part of the Customer including the legal costs, as between Solicitor and own client.