Terms and Conditions

A1 Metal Mesh Screens
CONTRACT OF SALE:

Dakli Enterprises Pty Ltd T/A: A1 Metal Mesh Screens (ABN 74 720 383 917)

CONTRACT OF SALE:

 

DEFINITIONS: “A1MMS” means Dakli Enterprises Pty Ltd T/A: A1 Metal Mesh Screens (ABN 74 720 383 917)

and affiliates. “CUSTOMERS” means the person or company to whom the quotation is submitted. “The Quotation” means techno commercial offer to which these Contracts of Sales are applied. “The Contract” means the contract or order formed upon acceptance by the purchaser of the quotation. These Terms shall be the only terms and conditions applicable to the agreement (between A1MMS and the customer/s), in the absence of any other written agreement.

 

PRICE & QUOTATION

Any quote made by A1 Metal Mesh Screens is not a tender to sell and no order given in pursuance of any quotation shall bind A1 Metal Mesh Screens until accepted by it in writing or by the start of the supply of the goods, the subject of the order.

The quotation is for the supply of goods to be imported by A1MMS for the customer or purchased from another manufacturer, the price quoted is calculated on the basis of duty, freight, insurance, clearance and other similar charges as applicable, ruling at the date of the quotation and any increase therein shall be to the account of the customer.

Once an order is placed, no order will be cancelled by the customer apart from in writing and then only with the prior written approval of A1 Metal Mesh Screens. Which, A1 Metal Mesh Screens may withhold at its judgment and without being required to give a reason.

Quotations are subject to change without notice. All prices quoted are exclusive of GST unless otherwise stated.

 

RETENTION OF TITLE

Title in the material delivered remains with A1 Metal Mesh Screens until A1 Metal Mesh Screens has received payment in full of all money owing by the customer and if payment is not made by the due date A1 Metal Mesh Screens shall, without intolerance to any other remedies available to it, be entitled to retake possession of the goods and hold them until payment in full has been received or to resell the goods and to recover the deficiency on resale plus costs of repossession from the customer. For so long as the title in the goods remains with A1 Metal Mesh Screens, the customer will hold the goods as a pack for A1 Metal Mesh Screens, and if the customer sells the goods. The proceeds of sale thereof are held on trust for A1 Metal Mesh Screens, and if payment for the goods is not made on a due date. A1 Metal Mesh Screens or its authorized agents have the right to enter the customer’s premises or other premises in which the goods are located to take ownership of the goods. Notwithstanding the foregoing, all intellectual property rights in the goods and associated trademarks and drawings shall always remain the property of A1 Metal Mesh Screens.

To the extent permitted by the Personal Property Securities Act 2009 (Cth) (“PPSA”), the customer has no right to receive notice of removal of an accession under the PPSA; has no right to retain an accession under the PPSA; waives its right to receive notice of a certification or financing charge statement; and agrees that the provisions of chapter 4 of the PPSA are excluded.

RISK

Risk in the goods shall pass to the customer upon delivery. The customer must insure the goods from the time of delivery to the customer and, pending payment in full, insure the goods in the names of A1 Metal Mesh Screens and the customer for their respective interests. Any materials supplied by the customer to A1 Metal Mesh Screens are supplied at the customer’s risk in all respects.

DELIVERY

(a) All orders and contracts are accepted and agreements entered into subject to Acts of God, strikes, lockouts, accidents, and all other causes beyond A1 Metal Mesh Screens’ control.

(b) The goods shall be collected by the customer at, or dispatched from, the A1 Metal Mesh Screens premises specified in the quotation. A1 Metal Mesh Screens have the right to make partial deliveries against the customer’s purchase order and to invoice each partial delivery separately.

(c) The goods shall be deemed to have been delivered to the customer when collected by the customer or loaded onto the carrier’s vehicle at A1 Metal Mesh Screens premises (notwithstanding that A1 Metal Mesh Screens may have engaged the carrier).

(d) Delivery time and manufacturing time is approx. All those days don’t include weekends or public holidays.

 

CLAIMS

Goods should be examined on arrival and any apparent damage or loss endorsed on the carrier’s receipt. A detailed claim in writing for any damage or loss must be received by the carrier and A1MMS within five (5) working days of the date of A1MMS’s delivery docket. All claims and notifications must be sent by recorded delivery. Failure to comply with these conditions may invalidate any claim, at A1MMS’s discretion.

 

RETURNS

(a) As permitted by the law or these terms, A1MMS is not obliged to authorize or accept a return other than in accordance with this clause.

(b) Goods can only be returned for credit if the following conditions are satisfied:

(i) The customer has obtained an agreement with A1MMS for the return

(ii) The goods are sold by A1MMS as standard stock items (excluding specially cut goods from the full size of the good)

(iii) The goods are returned within fourteen (14) days from the date of delivery

(iv) The goods are returned undamaged, unused, and in good and saleable condition

(v) The customer supplies the invoice order number

(c) Goods accepted to be returned in accordance with this clause will attract a charge determined at the discretion of A1MMS (not less than 10% of the A1MMS list price for the good) to cover restocking and repacking charges. These charges will be deducted from the amount of credit owed.

 

PAYMENT TERMS

Payment for goods purchased from A1MMS must be on a cash-with-order basis, following which A1MMS will issue a tax invoice to the customer. However, if any approved account has been established with A1MMS, payment must be received by the last working day in the calendar month following the month in which A1MMS issues its tax invoice.

If the customer fails to pay the amount due to A1MMS on or before the due date, then A1MMS shall have the following rights in addition to any other rights it may have:

(a) To charge interest on the amount owing from the due date for payment until the date payment is made at the rate of 1.5% per month or part thereof; and

(b) To cancel orders or to suspend deliveries to the customer whether under the contract in respect of which payment is overdue or otherwise until all amounts due, including interest payable thereon, have been received.

The customer shall indemnify A1MMS against all costs, losses, and damages (including but not limited to legal costs on a solicitor/client basis, accounting costs, and loss of profit) incurred or suffered by A1MMS as a result of such default and actions taken by A1MMS in respect of the same.

 

TOLERANCES

References to material size, strand width, gauge, and weight are approximate only. Whilst every effort is made for these figures to be accurate, it must be understood that the specification of goods manufactured and supplied by A1MMS is subject to normal trade 1% to 5% tolerances.

 

LIMITED LIABILITY

(a) In no event shall A1MMS be responsible for any consequential loss, penalties, expenditure, damages or losses suffered or incurred by the customer arising out of any delay in delivery or caused by or arising out of any use of or dealing with the goods, whether arising from any defect in the goods, unsuitability for the customer’s purpose, negligence by A1MMS or its employees or agents or in any other way.

(b) Unless otherwise agreed in writing, A1MMS’s liability to the customer for breach of any mandatory guarantees, undertakings, conditions, and warranties implied into the agreement between A1MMS and the customer for the supply of the goods by operation of the Competition and Consumer Act 2010 and applicable State and Territory legislation (“Consumer Protection Laws”) is limited, at A1MMS’s option to:

(i) Replacing the goods or supplying equivalent goods; or

(ii) Paying the cost of replacing the goods or acquiring equivalent goods.

(c) Without prejudice to paragraphs (a) and (b) and subject to the Consumer Protection Laws:

(i) Any goods supplied, but not manufactured, by A1MMS shall be covered only by the express warranty, if any, of the manufacturer of such goods;

(ii) A1MMS and its suppliers shall have no obligation in respect of any goods which have been improperly stored or handled or which have not been installed, operated, or maintained according to instructions given by A1MMS or contained in supplier-furnished manuals; and

(iii) Any such warranty shall be void if the customer replaces any goods supplied or proposed to be supplied by A1MMS with goods supplied by any other person.

(b) For the purpose of ensuring proper installation of the goods, the customer hereby grants A1MMS reasonable access to the installation site and shall comply with any directions given by A1MMS regarding the correct method of installation.

 

NON-STOCK ITEMS

Non-stock goods, being goods not stocked by A1MMS and ordered by A1MMS from its supplier to the customer’s specifications, are not returnable by the customer to A1MMS.

 

CONTRACT OF SALES PREVAIL

These Contracts of Sales shall apply to all contracts for the supply of goods made between A1MMS and the customer, to the exclusion of any terms and conditions contained on the customer’s purchase order or any other document submitted by the customer to A1MMS and may only be amended by written agreement between A1MMS and the customer. Any waiver by either A1MMS or the customer shall only be effective if in writing.

 

GOVERNING LAW & ASSIGNMENT

(a) These terms and conditions shall be subject to the laws of the State of Victoria, and A1MMS and the customer agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria and courts competent to hear appeals therefrom.

(b) The customer may not assign or transfer any of its rights or obligations under these terms and conditions to any other person whatsoever without the prior written approval of A1MMS which may be withheld by A1MMS in its absolute discretion and without having to give a reason.

Check the products before you use them, if there is any problem with the quality, please let us know to resolve the problem. If you use the products with any problem then legally, we are not liable for any damage from those products you used. After the customer uses the products, A1 Metal Mesh Screens is not liable for replacement or refund for those products.

ALTERATION: The above Contract of Sales may be changed by the seller from time to time without any notification in writing and such variations shall be binding on the customer. Customers placing any orders after changes in these terms will be deemed to have accepted the changes to the terms.

TERMINATION: This agreement may be terminated immediately by the seller if the customer is unable to meet its obligations as they mature or in the case of proceeding under bankruptcy against the customer, or if receivers for the customer are appointed or applied for or if any assignment for the benefit of creditors is made by the customer. This agreement will otherwise remain in full force and effect continuously until either party cancels with a minimum of thirty days’ written notice to the other party.

OBLIGE MAJEURE: Seller will not be liable for any loss or damage of any nature whatsoever incurred or suffered as a result of any failures or delays in performance due to any cause or circumstances beyond its control, including but not by way of limitation any failures or delays in performance caused by any strikes, lockout, or labour disputes, fires, acts of God or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with the law of Australia or with the orders or policies of any governmental authority, delays in transit or delivery on the part of the transportation companies or communication facilities, or failures in sources of materials. Seller may, at its option, make deliveries rateable with reference to itself and all its customers.

LIMITATION OF LIABILITY. SELLER and BUYER each agree to protect, defend, indemnify, and hold harmless each other and each other’s subsequent parents, subsidiaries, affiliates, and the officers, directors, employees of each, from and against all claims, demands, and causes of action of every kind and character without limit and without regard to the cause or causes thereof or the negligence or fault, active or passive, of any party or parties including the sole, joint or concurrent negligence of the other party and any theory of strict liability arising in connection herewith in favour of the other party’s employees, invitees or subcontractors or their employees on account of bodily injury, death or property damage.

SELLER WILL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, FACILITY DOWNTIME, LOSS OF PROFIT, OR BUSINESS INTERRUPTION WHETHER ANY SUCH CLAIM OR LAWSUIT BE BASED ON TORT, CONTRACT, OR OTHERWISE. IN NO EVENT WILL RECOVERY OF ANY KIND AGAINST THE SELLER BE GREATER THAN THE PURCHASE PRICE OF THE SPECIFIC GOODS SOLD WHICH CAUSED THE ALLEGED DAMAGE.

 

GAL-BOND METALMESH SHEET

Gal-bond is the process of galvanizing on mild steel metal after galvanized sheets get used to making the perforation/expanded mesh so the top and bottom of these perforated sheets/expanded mesh are galvanized but the perforation/expanded mesh part of the metal sheet and all the borders which cut from the coil is not galvanized anymore. If the customer wants to use the gal bond perforated sheet/expanded mesh for an outdoor application, they must get some protection treatment paint or powder-coating get done to stop the internal steel from rusting.

 

BRASS, BRONZE & COPPER PRODUCTS:

Brass, Bronze & Copper products can suit their aesthetic purpose for a limited period of time. When these materials are exposed to air or moisture in the air, they start oxidizing and these materials fade from their original appearance. There is no such specific treatment to prevent both, the oxidization of material and retaining the material’s original appearance at the same time.

STAINLESS STEEL CLEANING & MAINTENANCE

Stainless steel is a low-maintenance material but not maintenance-free. Even it has been painted or it will require maintenance. Long life can be achieved with stainless steel wire and mesh providing the grade that best fits the application selected, applying the appropriate fabrication and following installation procedures – and with regular cleaning undertaken – its atheistic appeal will be retained.

What is tea staining?

Tea staining is a brown discoloration of the surface of stainless steel caused by corrosion. It is a cosmetic issue that does not affect the structural integrity or life of the stainless steel. Tea staining occurs most commonly within 5-10km of coastal areas however it can also occur in polluted urban environments.

WHY IS MAINTENANCE NECESSARY?

Surface contamination in the form of deposits must be prevented. These deposits may be minute particles of iron or rust from other sources such as tools previously used on carbon steel. There are also naturally occurring atmospheric conditions which produce deposits, such as salt from marine environments. The more aggressive the environment is the more regular the cleaning program will be required.

MAINTENANCE PROGRAM

The cleaning frequency of stainless steel depends on four points;

• The environment
• Position of the stainless-steel structure
• Stainless steel surface finish and structure design
• Client’s expectations

A rule of thumb for cleaning external stainless steel is when you clean the surrounding windows also clean the stainless steel.

A GUIDE TO SPECIFYING AND CLEANING EXTERNAL STAINLESS STEEL

Environment	Grade 304	Grade 316
Clean Inland	3 – 6 months	4 -8 months
Polluted urban/Industrial	Not suitable	4 -8 months
Coastal/Marine (not splashed)	Not suitable	3 – 6 months

Source: ASSDA

Note: Rainwater is an effective natural cleaner, stainless steel that does not get rained upon will need more frequent cleaning.

Must clean the stainless-steel products with a soft plastic brush and dishwashing liquid and then rinse off with tap water with little pressure to remove all the dust and soap particles. Do this twice for every clean.

IMPORTANT STAINLESS STEEL FABRICATION INFORMATION

Stainless steel can be contaminated by carbon steel which will lead to corrosion. When stainless steel is fabricated with carbon steel metal or used with carbon steel attachment clamps, screws, or other accessories for fabrication will lead to corrosion. Ideally, a fabricator will have a dedicated workshop and tools for stainless steel only.

Contamination can be picked up from:

• Grinding wheels, wire brushes, and finishing belts
• Steel storage racks
• Tooling used with other metals
• Contamination from grinding or welding sparks from nearby carbon steel fabrication

It is recommended that when stainless steel is to be used for external purposes that it be electro-polished.

For further information please refer to:

The Australian stainless steel development association (ASSDA) www.assda.asn.au

For technical FAQ visit http://www.assda.asn.au/ > Resources > Technical FAQs