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Maison Outdoor (SA) Pty Ltd – Terms & Conditions

ABN: 12680722669

These terms and conditions set out the agreement under which Maison Outdoor (SA) Pty Ltd (“MAISON”) provides goods and services to you, the Buyer (being the individual, company, or legal entity purchasing goods or services). By placing, accepting, or paying for an Order, the Buyer accepts these terms.

1. Orders

  1. These terms apply to all Buyer dealings with MAISON, including all agreements, quotations, and orders (each an “Order”), together with any additional terms included in a Quote (recorded in writing).
  2. For custom designs, MAISON may prepare a draft Quote based on communications with the Buyer.
  3. MAISON may vary Orders where goods have been superseded by the manufacturer. Minor variations may occur.
  4. In the event of inconsistency between these terms and a Quote, the Quote will prevail.

2. Buyer Obligations

  1. The Buyer must provide all documentation, information, and assistance reasonably required by MAISON.
  2. The Buyer agrees to liaise with MAISON as reasonably requested.
  3. The Buyer is responsible for confirming that the Quote accurately specifies quantities, dimensions, colours, specifications, and fees before accepting an Order.
  4. The Buyer acknowledges that quoted prices may change due to suppliers, shipping, or other costs, and accepts payment of the total amount payable under clause 4.
  5. MAISON is not responsible for delays arising from the Buyer’s failure to comply with this clause.

3. Custom Goods

3.1 Custom Design

  1. Production times are estimates only.
  2. Moulds for custom Orders remain MAISON’s property.
  3. The Buyer is responsible for ensuring all specifications are accurate; MAISON is not responsible for issues arising from incomplete or incorrect Buyer instructions.
  4. If adequate instructions are not provided, MAISON may finalise design details. The Buyer accepts MAISON’s design decisions in such cases.

3.2 Tolerances

  1. Custom designs may vary from specifications or advertised images.
  2. Handmade products may show minor variations.
  3. MAISON is not liable for minor deviations but will address defects under clause 11 if applicable.

4. Payment

4.1 Deposits

A deposit (“Deposit”) is required as specified in the Quote at the time of placing an Order. The final payment date will be listed on the Quote.

4.2 Payment Obligations

  1. Payment must be made prior to delivery unless otherwise agreed.
  2. Invoiced amounts are due by the specified date.
  3. For shipped Orders, full payment is required 15 days prior to shipping.
  4. The Buyer must not set off amounts against money owed to MAISON.

4.3 Card Surcharges

MAISON may charge credit card surcharges for payments made via Visa, MasterCard, American Express, or Diners Club.

4.4 GST

Prices exclude GST unless stated.

4.5 Payment Method

Payments must be made via the method stated in the Quote or via electronic funds transfer.

5. Changes

  1. Additional fees apply for Buyer-requested changes outside the Quote.
  2. MAISON may adjust delivery schedules as reasonably required.

6. Cancellations and Refunds

  1. If a Buyer cancels an Order after acceptance but before delivery:
    1. Cancellation must be in writing.
    2. Deposits are non-refundable.
    3. Buyer is liable for carrier fees if goods were dispatched.
  2. MAISON may offer exchanges or credits for returned retail-quality goods.

7. Delivery

7.1 Delivery Times

  1. Delivery times are estimates and subject to third-party factors.
  2. Lead times begin after Deposit and Order confirmation.
  3. MAISON is not liable for delays caused by suppliers, shipping, or customs.
  4. MAISON will endeavour to provide updates on delays.

7.2 Costs and Obligations

  1. Delivery costs may be charged at any time.
  2. Insurance is limited; Buyers are advised to arrange additional coverage for interstate or international shipping.
  3. MAISON is not responsible for independently arranged deliveries.

7.3 Damage in Transit

  1. MAISON is not liable once goods are accepted by the Buyer or delivered to storage.
  2. Limited insurance may cover repair or replacement; lead times may apply.
  3. The Buyer must pursue additional claims with carriers or storage facilities.

7.4 Buyer Pick-Up

Buyer is responsible for storage fees if goods are not collected on the specified date.

8. Storage and Import-Export

  1. MAISON may charge for storage or import/export costs incurred due to Buyer actions.
  2. Buyers are advised to obtain insurance for storage and transport.

9. Third Party Goods and Services

Buyer accepts all terms and risks of third-party goods and services. MAISON is not liable for issues arising from third-party arrangements.

10. Title and Risk

  1. Title remains with MAISON until full payment.
  2. Risk passes to Buyer on Final Payment Date, collection, or delivery to a third-party facility.
  3. Delivery may not be refused.
  4. MAISON may repossess unpaid goods.
  5. Reposessed goods may be kept or resold.
  6. Buyer selling unpaid goods acts as bailee and must hold proceeds in trust for MAISON.

11. Defective Goods and Acceptance

11.1 Return of Goods

MAISON will accept returns only if goods are defective and MAISON agrees in writing.

11.2 Defective Goods

Buyer must notify MAISON within 5 business days with a description and photos.

11.3 Buyer’s Obligations

The Buyer must: take reasonable care of goods pending inspection or return; ensure goods are available for inspection; provide accurate information and cooperate fully with MAISON in facilitating repairs, replacements, or refunds.

11.4 Inspection and Condition

Goods must remain in delivered condition until inspected. Failure to comply is deemed acceptance.

11.5 Repairs or Replacements

MAISON may repair, replace, or supply equivalent goods if defective. Custom items may have longer lead times.

11.6 Not Defective

If MAISON determines goods are not defective, Buyer is deemed to have accepted them.

11.7 Acceptance

Acceptance occurs when Buyer indicates acceptance, acts inconsistently with MAISON’s ownership, 7 business days pass after delivery, or goods leave MAISON location and are accepted.

11.8 Buyer Costs and Condition

Buyer pays return costs. MAISON is not liable for installation costs. Goods must remain in original condition.

12. Confidentiality

Neither party may disclose confidential information except as required by law or for fulfilling the Order.

13. Intellectual Property

13.1 Buyer Content

Buyer grants MAISON a license to use Buyer Content for completing Orders and indemnifies MAISON against infringement claims.

13.2 Developed IP

All IP developed during an Order belongs to MAISON unless otherwise agreed.

13.3 MAISON IP

Buyer may use MAISON IP solely for purposes of using the goods or services.

13.4 Definitions

  • Buyer Content: Material supplied by Buyer.
  • Developed IP: Material produced by MAISON in completing an Order.
  • Maison IP: Material owned or licensed by MAISON.

14. Subcontracting

MAISON may subcontract any part of providing goods or services.

15. Warranties

Except as required by law, all implied warranties are excluded. MAISON’s liability is limited to repair, replacement, or re-supply of services.

16. Limitation of Liability

MAISON is not liable for indirect, special, or consequential damages. Liability for other claims is capped at total money paid under these terms.

17. Indemnity

Buyer indemnifies MAISON against losses arising from breaches, third-party services, negligence, or installation.

18. Dispute Resolution

Parties must attempt to resolve disputes in good faith before legal action, submitting disputes to the CEO or relevant individual.

19. General

Governing law: South Australia, Australia. Jurisdiction: Exclusive to South Australian courts. Amendments must be in writing. Notices by post or email. Waivers must be written. Parties must execute further acts/documents as required. Assignment requires consent.