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Terms and Conditions

Terms and Conditions

© Copyright MFI Service Bodies 2015   All Rights Reserved

All files and information contained in this Website or Blog are copyright by MFI Service Bodies, and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.

Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of MFI Service Bodies. Our Content, as found within our Website, Blog and Services, is protected under Australian and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

MFI Service Bodies

MFI Service Bodies is owned and operated by METAL IND. PTY LTD and the registered proprietors of METAL IND. PTY LTD and their associates. ABN 46 046 921 247   ACN 130 425 197.

 

Website and other Terms and Conditions

Pre Condition To Use: Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website, links and information contained on it. If you choose to use MFI Service Bodies’ website then MFI Service Bodies will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and MFI Service Bodies’ rights and obligations to each other.

Amendment of Terms: MFI Service Bodies reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website.

Links To Other Websites: MFI Service Bodies has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between MFI Service Bodies and the owners of those websites. MFI Service Bodies takes no responsibility for any of the content found on the linked websites. MFI Service Bodies’ website may contain information provided by third parties. MFI Service Bodies accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Competition and Consumer Act 2010 (Cth): MFI Service Bodies provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and MFI Service Bodies but not otherwise. Nothing in these standard terms and conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then MFI Service Bodies relies on Section 64A of the Competition and Consumer Act. In that respect, MFI Service Bodies’ liability to you for any breach of a Consumer Guarantee is limited to:

(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.

(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.

Express Disclaimers: Subject to the provisions of the Competition and Consumer Act 2010 (Cth) and to the fullest extent permitted by law, MFI Service Bodies absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MFI Service Bodies gives no warranty that the documents will be free of errors, or that defects will be corrected, or that MFI Service Bodies’ website or its server is free of viruses or any other harmful components. MFI Service Bodies does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of MFI Service Bodies to bear any costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties and in that event those exclusions do not apply and shall be deemed excised from these standard terms.

Your Privacy: MFI Service Bodies respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our Privacy Policy carefully. You may change your details at any time by accessing your information by contacting MFI Service Bodies.

All information MFI Service Bodies receives from its customers is protected as effectively as possible by MFI Service servers and the servers of its hosting provider. Furthermore, all of the customer data MFI Service Bodies collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

Third Parties Can Not Use Your Information: MFI Service Bodies does not sell or deal in personal or customer information. MFI Service Bodies may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. MFI Service Bodies may use the information that you provide to improve its website and its services.

Discloser: MFI Service Bodies may disclose information in good faith and where MFI Service Bodies is required to do so:

(i) by law or by any court;

(ii) to enforce the terms of any of our customer agreements;

(iii) to protect the rights, property or safety of MFI Service Bodies, its customers or third parties; or

(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.

Jurisdiction: This agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute between you and MFI Service Bodies that results in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.

Copyright and Restriction of Use: You are not permitted to reproduce the documents, information or materials on the MFI Service Bodies website for the purposes of conducting a business competitive with or similar to the business of MFI Service Bodies. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the content or images you download from its website where that activity is part of a business that is competitive with or similar to the business of MFI Service Bodies. MFI Service Bodies expressly reserves all copyright in its website and information on its website.

Trademarks and Restriction of Use: You are not permitted to use any trademarks, tradenames, graphics or designs that are on MFI Service Bodies’ website. If you breach MFI Service Bodies’ trade marks then MFI Service Bodies reserve the right to take action against you.

Whole Agreement: These terms and conditions represent the whole agreement between you and MFI Service Bodies concerning your use and access to MFI Service Bodies’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

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Terms and Conditions of Sale

1. TERMS: A 30% deposit will be requested at time of signing as a date securing fee. Strictly COD for the remaining 70% on the day in which the canopy/tray is completed.

2. PRICES: The prices charged and payable are as per original estimate and any additions whereby:

2.1 Authorised by the purchaser thereafter, are due and payable as per above terms.

2.2 Total price quoted is including GST. Any additional extras and accessories that are not listed on the quotation will be charged out as Material and Labor + GST

3. GOODS & where applicable, GST will be charged as per the ruling date, unless an SERVICES TAX exemption certificate is produced.

4. ACCEPTANCE: Whereby the purchaser signs the accompanied agreement letter, he/she confirms that:

4.1 Works to the unit can in fact commence. A deposit of no less than 30% of the estimated value will be requested at said time.

5. RISK: The products supplied by MFI Service Bodies shall be at the risk of the Purchaser immediately upon delivery to the purchaser or into the custody of anyone acting on behalf of the purchaser whichever is sooner.

6. WARRANTY / DISCLAIMER: MFI Service Bodies offer a twelve month warranty in respect of defective materials and workmanship. The only other warranties and conditions which are binding on MFI Service Bodies in respect of the condition or quality of the goods supplied to the Purchaser are those imposed by statute (Trade Practices Act 1974). All other warranties and conditions whether expressed or implied are hereby excluded and negative. Buyer shall give written

Notice to the Seller within 20 days of the discovery of any alleged defect within said warranty period. MFI Service Bodies accepts no liability whatsoever for any loss, damage or injury either direct or arising out of or in relation to the use or application of goods supplied to the purchaser. Any ancillary equipment supplied carrier’s manufacturer’s warranty only.

7. COPYRIGHT, DESIGNS & PATENT RIGHTS: (a) MFI Service Bodies retain ownership and copyright in all drawings, tracings, reproductions, specifications; (b) the Purchaser shall treat and maintain confidential and secret all the prices information patents for processes, trademarks, copyrights, designs, techniques, technical knowledge and know-how which may be imparted to the Purchaser through the period of the contract and in connection with the works; (c) the provisions of this clause shall survive the termination or cancellation of the contract.

8. These conditions and any contract of sale shall be governed and interpreted by the laws and courts of Victoria and the purchaser consents to the jurisdiction of the said courts to determine or resolve any dispute or action.

9. The mere signing of the estimate cover letter, notwithstanding anything that may be stated to the contrary by the purchaser, shall be constituted as an acceptance of these Terms and Conditions of Sale.