MacPhee’s Terms and Conditions of Sale

General

These Terms and Conditions of Sale (Terms and Conditions) apply to the ordering, purchase, fulfilment, and delivery of goods (“Goods”) from DallMac Pty Ltd ABN 62 641 499 443, (trading as MacPhee’s).  In these Terms and Conditions “we”, “our” and “us” refers to MacPhee’s.  By placing an order for Goods from MacPhee’s, you agree to these Terms and Conditions.

1. Orders

In order to contract with us, you must be over 18 years of age.  We reserve the right to accept or reject an order for any reason at any time.  All orders are subject to availability of Goods and confirmation of the price.

2. Contract

An order submitted by you is an offer by you to purchase the Goods for the price and the delivery charge (subject to change as contemplated in clause 2.3 below) as shown at the time of submission of your order.  An order is accepted, and a contract exists between you and us after we have sent you an invoice AND after the deposit (if the product is not in stock) or full balance (if the product is in stock) has been paid.  Your products will not be allocated to you until monies are received. We will send that confirmation by email if we have your email address, and it is to be considered sent when it leaves our server. If we do not have an email address that confirmation will be sent by post and be considered sent when it is posted.

2.1 Quotations

A quotation issued by us is valid for 14 days.  A quotation does not constitute an offer to sell, and a contract is only formed as per clause 2.1.

2.3 Pricing

The price of the Goods you order is the price specified on the invoice. Delivery charges will be payable in addition to the price of the Goods, and will vary depending on the delivery address, the type of delivery service you have selected, or the type of delivery service offered in your location. The estimated cost of delivery is as specified on your invoice. We reserve the right to increase the delivery charges if there is:

  1. any variation to the delivery location or delivery method specified in your order,
  2. additional time required to perform the delivery (including parking time), inability to access the delivery address, or the use of additional equipment is required to perform the delivery (for example, stair trolleys); or
  3. any material increases in delivery costs incurred by us at the time of scheduling the delivery, including freight, insurance and fuel.

We will notify you in writing of any such additional delivery charges, which must be paid by you within 2 days of demand by us.

All prices are in Australian Dollars and inclusive of GST. We use reasonable endeavours to ensure all pricing is accurate and current.  If we discover a genuine error in the price of Goods after we have confirmed your order, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order.  If we are unable to contact you, we will treat the order as cancelled.  If the order is cancelled and you have already paid for the Goods, you will receive a full refund.  Until we have confirmed your order, we reserve the right to change or alter prices of Goods without notice.

2.4 Availability of Goods

Goods may not be available for immediate dispatch. An estimated lead time will be provided in our quotation. We will use reasonable endeavours to comply with the estimated lead time, however we do not guarantee any specific lead times and will not be liable for any loss, damage, cost, or expense suffered as a direct or indirect result of delay in delivery of the Goods. We will endeavour to contact you if we are unable to fulfil all or part of your order.  If we are unable to contact you, we will treat the order as cancelled.  If the order is cancelled and you have already paid for the Goods, you will receive a full refund.

We may, at any time and without notice, withdraw or suspend any Goods from sale, either temporarily or permanently.  We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of Goods from sale.

2.5 Payment

Any payment for an order must be paid in full and cleared by us before Goods are dispatched.  Unless otherwise provided in the order, for Goods not in stock when you order, you must pay a 50% deposit and the balance must be paid at least two (2) weeks prior to delivery of the Goods to our warehouse.  We will inform you accordingly when the balance is to be paid.

We accept payment by Visa, Mastercard, Amex, EFT and any other payment method accepted by us from time to time. If your payment cannot be processed, your invoice will be cancelled, and we will endeavour to notify you of this.

2.6 Order Cancellations

Unless agreed by us, you may not cancel or make changes to your order once you have submitted it to us.  You should therefore carefully check your order is accurate before you submit it.

2.7 Advice

Any advice, recommendation, information, assistance or service provided by MacPhee’s in relation to goods sold or manufactured by it or their use or application is given in good faith and is believed by MacPhee’s to be appropriate and reliable. However, any advice, recommendation, information, assistance or service provided by MacPhee’s in relation to any goods supplied by MacPhee’s is provided without liability or responsibility on the part of MacPhee’s.

2.8 Dispatch and Delivery

We will use reasonable endeavours to deliver the Goods by the estimated delivery time arranged with you in advance however we do not guarantee any specific delivery date and will not be liable for any failure to deliver the Goods by the estimated delivery date.

Goods will be delivered to the address on the invoice and only during business hours to ground floor addresses (or to another location if that has first been agreed with us) within Australia.  If we agree, at your request, to redirect delivery of the Goods to an address other than the delivery address specified in the order, you will be liable to make payment of any additional delivery charges associated with the redirected delivery, prior to us delivering the Goods.

Goods cannot be delivered to PO Boxes.

You must notify us in advance if there will be difficulties accessing the delivery address (e.g., parking, staircases or narrow passages) and you will be responsible for ensuring there is adequate access and entry to the delivery address.  If it is not possible for the Goods to be delivered to the delivery address, the Goods will be returned to our warehouse or storage facility, and you will be invoiced for transport and re-delivery.  In addition, weekly storage charges may apply.

Prior to delivery of the Goods, you must ensure there is clear access for delivery and that fragile or delicate items (including flooring) are suitably protected. For the avoidance of doubt, you are responsible for providing suitable protection for all flooring surfaces and, to the extent permitted by law, you indemnify and hold us harmless against any loss or damage you or a third party may suffer as a result of damage to flooring, walls, or furniture arising in connection with delivery by us or our nominated delivery contractor, of the Goods.

If you are not present or ready to accept delivery of the Goods at the nominated delivery time or within the nominated delivery time frame, as applicable, we are entitled to charge you an additional fee to have the Goods re-delivered. The additional fee must be paid by you prior to us delivering the Goods.

If the delivery is found to be a non-standard delivery, resulting in (i) an increase in the designated time allocation for the delivery or (ii) additional delivery vehicles and/or labour are necessary to facilitate delivery, we are entitled, acting reasonably, to charge you an additional fee for delivery of the Goods. The additional fee must be paid by you within 2 days of demand by us.

Subject to our prior agreement (and on you giving us at least 5 business days’ prior notice), Goods may be collected by you from our warehouse in Port Melbourne, Victoria. Photo identification (current drivers’ licence, passport, or any government issued photo ID card) and a copy of the paid invoice must be presented to verify you are the purchaser of the Goods. Our staff will take the Goods outside our warehouse but, for occupational health and safety reasons, we are unable to assist with lifting or loading of the Goods, and this is at your sole risk and responsibility.

If (for reason other than our default) you have not taken delivery within 30 days of the date of your order (if the item is in stock) or of the date we tell you the Goods have come into stock, we will be entitled to charge a weekly storage fee of $25 per week per unit, until delivery is made.

Delivery does not include installation of the Goods. If you request installation of the goods by our delivery company, we are not liable for any damage caused.

Subject to clause 3, you are required to inspect your Goods when you take delivery of them and notify us in writing of any damage or items missing from your order within seven (7) days of delivery. Such notification should include supporting photographs of the damages Goods and damaged packaging. If you fail to give such notice within seven (7) days of delivery, we will assume that the goods have been accepted by you.

2.9 Delays

We do not guarantee the availability, dispatch, or delivery of Goods within the estimated delivery times or any other time frames otherwise specified by us.  Except to the extent required by law, we will not be liable for any loss, damage, cost, or expense suffered as a direct or indirect result of any delay in the availability or delivery of the Goods to you.

2.10 Delivery Service

A ‘Site to Site’ delivery service involves delivery of the Goods and unpacking to the final location at the delivery premises, with removal of packaging.

A ‘Tailgate’ delivery service involves delivery only of the Goods to the entrance of the delivery premises. Where this is not possible (as reasonably determined by MacPhee’s or our nominated delivery contractor), the Goods will be delivered to the most accessible area on the delivery premises or curb side, whereafter risk in the Goods passes to you.  Please note ‘tailgate’ delivery does not include removal of packaging.

Installation of the Goods (and in the case of Tailgate delivery, unpacking) is not included in the Price or the Delivery and you are solely responsible for unpacking (where applicable) and arranging installation at your own cost.

If you are installing the Goods, you should ensure that you read and comply with our installation guidelines, available at our website: www.macphees.com.au .

We do not provide a take back scheme.

2.11 Ownership and Risk

Subject to the rest of this clause:

  1. title in Goods passes to you when you have paid in full and we have delivered the Goods to you; and
  2. risk passes, when the Goods are delivered to you, in accordance with clause 2.10, or if the Goods are collected from our warehouse, when the Goods leave our warehouse.

If it is not possible for the Goods to be delivered to the delivery address on the first attempt and the Goods are returned to our warehouse or storage facility, the Goods will be at your risk from when they leave the delivery address, whether or not ownership has passed.

2.12 Warranties and Returns

The product(s) warranty commences from the date the product becomes available for delivery to you.

Click here for details of our Returns Policy.

3. Australian Consumer Law

You have rights under Australian Consumer Law which cannot be excluded or limited by us.  Nothing in these Terms and Conditions shall be construed as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law).

4. Disclaimer of Liability

To the full extent permitted by law (including Australian Consumer Law), MacPhee’s, its directors, officers, employees, consultants, agents, and affiliates will not be liable for any loss or damage whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising in connection with any order, delivery or use of Goods.

5. Indemnity

You must indemnify MacPhee’s, its directors, officers, employees, consultants, agents, and affiliates, from and against all actions, demands, damage and expenses for which MacPhee’s may become liable arising from:

  1. your negligent acts or omissions or those of your employees, agents or contractors;
  2. the installation of the goods, including any failure to comply with any installation and ventilation specifications (where applicable) in relation to the Goods.

6. Variation

We may, in our absolute discretion at any time and without notice amend, review and update these Terms and Conditions.

7. Waiver

A single or partial exercise or waiver by us of a right relating to these Terms and Conditions does not prevent any other exercise of that right or the exercise of any other right.

8. Severability

If a provision of these Terms and Conditions does not comply with any applicable law, it must be read down so it does comply. If that is not possible, the provision must be severed from these Terms and Conditions.

9. Entire Agreement

These Terms and Conditions, together with the order (together, the Agreement), contain the entire understanding of the parties and all preceding and contemporaneous agreements between you and MacPhee’s, whether expressed or implied affecting this subject matter, are superseded by the Agreement. To the extent of any inconsistency between these Terms and Conditions and the order, these Terms and Conditions will apply.

10. Privacy Policy

Your privacy is important to us, and we have implemented practices, procedures and systems to ensure we comply with Privacy laws.  By placing an order with us, you accept our Privacy Policy.

11. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws in force in Victoria, Australia.  In the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

12. Contact Us

If you have a concern, query or complaint relating to these Terms and Conditions, please contact us:

Email: info@macphees.com.au Website: www.macphees.com.au Phone: 03 9696 5200 or 1800 733 621 Post: 18 Rocklea Drive Port Melbourne VIC 3207

These Terms and Conditions were last updated on 16 April 2023.