Modular1 Terms and Conditions of Sale
1. ORDER PLACEMENT
All goods and services furnished by Maxim Modular Systems Pty Ltd (ABN 19 679 739 836 ) (“Modular1”) are supplied under these Terms and Conditions of Sale (“Terms and Conditions”). These Terms apply to any order placed electronically, verbally, or in writing, whether directly through Modular1, its representatives, via the Modular1 website, or following receipt of a quotation or other sales documents (“Quotation”). Acceptance by Modular1 of any order is expressly conditional upon the Buyer’s acceptance of these Terms and Conditions. Any conflicting terms proposed by the Buyer are expressly rejected. No variations to these Terms shall apply unless agreed in writing by Modular1. Modular1 is not obligated to supply goods or services except in accordance with these Terms and Conditions.
2. PRICE / DELIVERY / DELAY
Prices are those in effect on the date of invoice unless otherwise agreed in writing. Modular1 reserves the right to select the carrier and method of shipment, and to deliver orders in instalments. Risk of loss or damage passes to the Buyer upon handover to the carrier. If the Buyer delays delivery, Modular1 may charge reasonable storage fees and payment shall become due as if delivery had occurred. Modular1 is not liable for any loss, damage, or expense arising from delivery delays.
3. ORDER CHANGES / CANCELLATIONS
Custom or non-stock products (including cut, machined, or modified goods) cannot be changed or cancelled once manufacturing has commenced. Standard stocked products may be changed or cancelled if Modular1 receives written notice at least ten (10) business days before the scheduled shipment date and the goods have not yet been dispatched.
4. PRODUCT VARIATIONS
Product images on the Modular1 website or in promotional material are for reference only. Minor variations may occur. If any variation is unacceptable to the Buyer, the product may be returned in accordance with Modular1’s Returns Policy, provided Modular1 is notified within thirty (30) days of receipt.
5. ACCEPTANCE OF GOODS
Goods will be deemed accepted thirty (30) days after receipt unless the Buyer provides written notice of any defects within that time, specifying the nature of the defect. Claims for transport damages must be lodged directly with the carrier by the Buyer at the time of delivery. Goods subject to claim must be held for inspection or returned as directed by Modular1.
6. MODULAR1 PROPERTY
All intellectual property, product samples, drawings, and photographs provided remain the property of Modular1 and must only be used for marketing Modular1 products. Upon request, such materials must be returned, and any licence to use them is revocable at Modular1’s discretion.
7. RETURNS POLICY
Goods cannot be returned without prior written approval from Modular1. Approved returns may be subject to a restocking fee, depending on the type and condition of the goods. Further details are available in Modular1’s Returns Policy available on its website.
8. TAXES
Prices are exclusive of Goods and Services Tax (GST) and any other applicable duties or charges. GST and applicable taxes will be added to invoices. The Buyer is responsible for paying all applicable taxes unless otherwise agreed in writing.
9. PAYMENT / CREDIT / SECURITY
Unless agreed otherwise, payment is due prior to shipment. Modular1 may extend credit at its discretion. Interest may be charged on overdue accounts at a rate of 1.5% per month (18% per annum). Modular1 retains title to all goods until full payment has been received. Buyer has no right of set-off against payments due. Modular1 may suspend supply if payment terms are breached.
10. QUALITY GUARANTEE
Modular1 warrants its products to be free from defects in material and workmanship for a period of one (1) year from the date of shipment
Modular1’s liability under this warranty is limited to the repair or replacement (at its option) of defective goods. Modular1 is not liable for indirect, incidental, or consequential damages. No other express or implied warranties apply, including warranties of merchantability or fitness for a particular purpose.
11. INDEMNITY
The Buyer agrees to indemnify and hold Modular1 harmless against any claims, losses, damages, or expenses (including legal fees) arising out of or related to the use of the goods or the performance of services, except to the extent caused by Modular1’s proven negligence.
12. FORCE MAJEURE
Modular1 shall not be liable for failure to perform or delivery delays due to causes beyond its reasonable control, including but not limited to acts of God, government restrictions, strikes, transport delays, supplier failures, natural disasters, pandemics, or similar events.