Terms and Conditions of Sale
Definitions: "MSH or Mountain Shade" means Mountain Shade Company, a trading name of MMGT Trading Pty Ltd, “Agreement “ means these terms & conditions and the quote/tax invoice. “Charges” means the fees charged in respect of the goods & services as specified in the quote/tax invoice. “Accessories” means any accessories specified in the quote/tax invoice. “Deposit” means the deposit (if any) required by MSH in relation to the goods specified in the quote. “Force Majeure” means any event outside of MSH control, including but not limited to high winds, heat & cold, UV radiation, heavy rain, hail, lighting, terrorism acts, floods, fire, drought, civil disturbance and other such similar events. “Goods” Means any goods, products, accessories specified in the quote/tax invoice purchased by the customer. “Custom Printing” Means but is not limited to digital & or any other type of printing onto marquees & banners & umbrella’s or any printable material as ordered by the customer. “Customer/Purchaser” Means the company, person/s, organization, firm purchasing the goods as set out in the quote/tax invoice. “ Period” Means the time the quote is valid for and unless otherwise specified all quotes are valid for a 7 day period. “Quote” means the quote to which these conditions are attached. “Services” means the services and/ or work (any type) to be performed by MSH in conjunction with repairs as specified under the warranty, including but not limited to freight/ delivery & pick ups.
Deposit: The customer/purchaser shall pay a minimum of 100% deposit to MSH before the commencement of any custom printing. In the event of a cancellation of the goods & services by the customer at any time after payment of the deposit, the deposit shall be forfeited to MSH as follows:100% (one hundred percent) of the deposit shall be forfeited if cancelled after the commencement of printing or after the commencement of building/manufacturing, unless otherwise agreed in writing by MSH.
2. Payment: The customer shall pay the full outstanding balance of charges to MSH prior to dispatch of stock and any custom orders. The charges unless otherwise stated is inclusive of GST. The customer shall pay all sums due to MSH as defined in the Tax Invoice in terms of this agreement without any set-off, deduction, counterclaim, and/or any other withholding of monies. If any amount due by the customer to MSH is not paid on the due date, then without prejudice to any other remedy to which ROS may be entitled, all such overdue amounts shall bear interest at a rate of MSH discretion.
3. Freight/Delivery: All freight/delivery costs(if any are agreed and agreement indicated by an amount in the Tax Invoice) shall be born by the customer and paid to MSH as per specified in the Quote/Tax Invoice, prior to dispatch including backordered goods which will be paid for by the customer at the time of dispatch. In the case of a return for damaged and/ or faulty goods the return to MSH, after an RMA number has been issued, freight costs to the Mountain Shade Repair Centre will be born by the customer and the freight/delivery back to the customer will be born by MSH.
4. Backordered goods: In the event that some or all goods ordered by the customer are not available for immediate or timely dispatch those goods will be placed on backordered only after full payment was been received and delivered to the customer when available.
5. Images on website: MSH do not warrant the accuracy of images on this website but only as representations of the products sold on this website. This is due to such products varying from time to time due to product evolution compared to the image on the website. Purchasers are encouraged to request photographs of the actual product they wish to purchase, specify specific product attributes they assume as conditions of sale or physical sight the product they wish to purchase to validate their purchase.
6. Loss or damage of goods: The customer shall be responsible for all damages and/or losses due to the customers negligence, misdirection and/or misuse of the goods. The customer undertakes to only use the goods for their intended purpose and in a safe & correct manner in accordance with any operating and/or safety instructions provided or supplied by MSH via documentation on media including paper instructions, faxes, emails, web site pages and video's.. MSH will not be responsible for damages caused by Force Majeure. Any deception or fabrication of loss or damage shall render any such claim as fraudulent as per the applicable Consumer Law.
7. Wear & tear: MSH will not be responsible for wear & tear on any items delivered to the customer except where wear & tear has been accelerated by manufacturing faults and reported accordingly via our Returns Policy. All Mountain Shade products must be used as per the Manufacturer's Product Usage definition to be considered for warranty.. Warranty Information can be found here Mountain Shade Warranty Summary.