Terms and Conditions
In these conditions "Moon Deck" and “the Company” refers to Moon Deck.
"Customer" means the person or company to whom Moon Deck has agreed to supply goods under this contract.
"Goods" means the goods, which the Company is to supply in accordance with these terms.
"Terms" means the standard terms of sale set out in this document.
These conditions contain the entire terms of this contract between Moon Deck and the customer.
Any stipulation or conditions in an order or enquiry form which would conflict with any of our terms and conditions or in any way qualify or negate the same, shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by us in writing and signed by a director of Moon Deck.
A time or date named by Moon Deck for delivery is given and intended as an guide only and Moon Deck shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery. If the delivery is refused on the grounds of it being delivered later than estimated, Moon Deck will entertain no reimbursement, refund or concession.
Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either Moon Deck or the customer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of Moon Deck or the customer respectively.
Unless otherwise agreed in writing between Moon Deck and the customer all goods supplied by Moon Deck are on an ex-works basis. This is the total cost from the Company’s premises to the final destination
No claim for damage in transit, shortage of delivery, or loss of goods will be entertained by Moon Deck, unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to Moon Deck at the time of delivery and Moon Deck receives a complete claim in writing at its head office within three days of delivery. In the case of loss of goods, Moon Deck and the carrier concerned receive, in the case of Moon Deck at its head office, a complete claim in writing made within fifteen days from date of dispatch.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Terms or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
RETURN OF GOODS
It is our general policy not to accept return of goods. In exceptional circumstances standard products may be returned to us within 14 days of date of delivery provided that the customer has written agreement from Moon Deck to such a return.
No claims will be entertained for returns outside this period. Goods are to be returned at the customer’s expense to the original source of supply as specified by Moon Deck and a re-stocking charge of 20% will be made for goods that are of merchantable quality as determined by Moon Deck. Not all goods may be accepted back into stock for credit.
Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to Moon Deck and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
Due to limitations and variance in colour screens, the colours shown on this website are for indication only. If colour choice is critical, you can request a sample free of charge or call us.
SUPPLY OF GOODS
The Company shall sell and the Customer shall purchase the Goods in accordance with the Company's written quotation and subject to these Terms.
Quotations are submitted and orders accepted subject to these Terms only. No addition or variation to these Terms shall be binding unless expressly accepted in writing by one of the Company's directors.
No employee, sub-contractor or agent of the Company has any authority to add to or vary these Terms or to make any representation or warranty unless such addition or variation or representation or warranty is in writing and signed by a director or the secretary of the Company or any named person authorised on behalf of the Company.
Any typographical, clerical or other error or omission in any sales or promotional literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company to the Customer shall be subject to correction without any liability on the part of the Company.
RISK & PROPERTY
Risk in the products supplied shall pass to the customer when Moon Deck provides the products to the Moon Deck carrier for delivery to the customer, or where applicable when the customer or its nominated carrier collect the products from Moon Deck’s premises.
Save where the products are collected by the customer or its nominated carrier, Moon Deck will ensure that the products are insured to their replacement value against loss or damage while in transit with the carrier.
The customer's right to possession of the products shall end immediately if it:
(a) Makes any arrangement with its creditors or otherwise takes the benefit of any statutory provision for the relief of insolvent debtors, or convenes a meeting of creditors, or enters into liquidation, or has a receiver and/or manager, administrator or administrative receiver appointed, or documents are filed for the appointment of an administrator of the customer or notice of intention to appoint an administrator is given by any entitled person or a resolution is passed or a petition presented to a court to wind-up the customer or for the grant of an administration order or any insolvency proceedings are commenced relating to the customer;
(b) Suffers or allows any execution to be levied on its property or obtained against it or breaches any of its obligations under any contract or any other contract with Moon Deck or is unable to pay its debts or ceases to trade; or
(c) Encumbers or in any way changes any of the products.
If the customer shall make any default in or commit any breach of his obligations to Moon Deck, or if any distress or execution shall be levied upon the customer his property or assets, or if the customer shall make, or offer to make, any arrangements or composition with creditors or commit any Act of Bankruptcy, or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him, or if the customer shall be a limited company and any Resolution to wind up such company's business shall be passed or presented otherwise than for reconstruction or amalgamation or if a Receiver of such company's undertaking property or assets or any part thereof shall be appointed Moon Deck shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by it to the customer's address for service specified herein any subsisting order shall have been deemed to have been determined without prejudice to any claim or right Moon Deck might otherwise make or exercise.
Moon Deck will not be responsible for any damage or loss caused by improper installation of Moon Deck products. Moon Deck recommends reading any installation guides before attempting to install our products. Moon Deck reserves the right to change or remove the content of our installation guides and will not be held accountable for any damage or loss caused by following any procedures documented or shown on the website.
WARRANTIES AND LIABILITY
Subject to the following provisions the Company warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in workmanship for a period of 3 months from the date of their initial use or 3 months from delivery, whichever is the first to expire, except that so far as it is permitted to do so, the Company is prepared to pass on to the Customer such benefit of any warranty, guarantee or term as the Goods in relation to quality, fitness for purpose or otherwise as is normally given with the Goods by the supplying company. However the Company can accept no liability whatsoever that such warranty, guarantee or term will be passed to the Customer by the supplying company.
The above warranty is given by the Company subject to the following conditions:-
The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design and specification supplied by the Customer.
The Company shall be under no liability in respect of any Goods where the Company does not manufacture the materials.
The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), misuse, alteration or repair of the Goods without the Company's approval.
The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date of payment.
Subject as expressly provided in these Terms, all the warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
A claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. A reasonable time is deemed to be within 7 days of discovery of any defect or failure, at which time no alterations to the Goods must have taken place by employees, agents or sub-contractors on behalf of the Customer.
If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Notification of any valid claim in respect of any defective Goods or discrepancies in orders must be given to the Company in writing within 48 hours of the delivery. The goods must then be returned to the Company in the condition and packaging the Customer received them in, within 7 days of notifying the Company. If the Company is found at fault for the defect or discrepancy the cost of the return will be reimbursed providing a valid proof of purchase is presented. If the Company does not receive a valid claim within this period, the Customer will have accepted the Goods supplied unconditionally.
Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Terms the Company may replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, or refund to the Customer the price of the Goods (or a proportionate part at a price) in which case the Company shall have no further liability to the Customer.
Except in respect of death or personal injury caused by the Company's negligence, or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, by reason of any supervening event beyond its control (including but not limited to war, national emergency, flood, earthquake, strike or lock out, power failure or breakdown in machinery).
INSOLVENCY OF CUSTOMER
This clause applies if:-
The Customer becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
A receiver is appointed, of any of the property or assets of the Customer; or
The Customer ceases, or threatens to cease, to carry on business; or
The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
If this clause applies then, without limiting any other right or remedy available to the Company, the Company may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
The laws of Australia shall govern the Contract, and the Customer agrees to submit to the non-exclusive jurisdiction of the Australian Courts.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, images and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)
Orders are accepted subject to Moon Deck receiving any necessary license to purchase or use the required raw materials and to Moon Deck being able to obtain such raw materials.