Terms & Conditions

General Terms

1.     These Sales Terms apply between Mama Casa and the Person named on the Quotation or Sales Order regarding buying from Mama Casa the Goods or Services, on and subject to an Agreement.

2.     If you do not accept these Sales Terms, then we will not process your Sales Order.

3.     An Agreement will be on and subject to any special conditions set out by us in a Quotation, Sales Order or Sales Invoice and these Sales Terms.

4.     No other terms and conditions will apply to the Agreement, including any you purport to make when placing an order with us.

5.     An Agreement may only be cancelled or varied with our prior written consent.

Quotations, Sales Orders and Sales Invoices 

1.     A Quotation is valid for 30 days or such other period as stated in the Quotation, unless it has been withdrawn by us.

2.     A Quotation is not an obligation to sell, but is merely an invitation to treat. No contractual relationship arises from a Quotation until your order has been accepted by us in writing, and after you have made full payment of the deposit.

3.     Any special conditions specified in a Quotation, Sales Order or Sales Invoice will take precedence over these Sales Terms to the extent that they are inconsistent with these Sales Terms.

Conformity of Description

1.     Whilst reasonable efforts are made by us to supply Goods with correct sizes, slight variations in size may occur.

2.     Dimensions are given to the nearest 0.65cm. As all pieces are handmade and assembled, measurements may vary slightly from those noted on a Quotation, Sales Order or Sales Invoice. If specific tolerances are required, these should be clearly noted and specified on your Purchase Order.

3.     Standard wood species are specified on a Quotation, Sales Order or Sales Invoice. The natural tone and grain of wood will vary and subtly affect the character of each piece. This is not considered a defect. Samples of wood finished are provided for general reference only and the finished product may reflect the natural variations of the wood and finishes used. Samples for approval may be requested with the order.

4.     We will not be liable to you for any such variations or inconsistencies.

5.     Photographs, drawings, illustrations and any other particulars associated with or given in descriptive literature or a catalogue of ours approximate the Goods or Services offered by us and cannot be relied on by you.

Price

1.     All prices for Goods or Services are quoted in AUD and include GST.

2.     Unless otherwise stated by us in writing, the prices quoted in a Quotation or Sales Order are set out in a Sales Invoice and exclude delivery, installation or any other handling charges.

Terms of Payment

1.     You must pay us in AUD according to the payment terms set out in the Quotation or Sales Order.

2.     We require a 50% deposit and balance payment prior to delivery, unless alternative payment terms have been agreed between both parties.

3.     We accept payment by Visa, MasterCard and American Express. A surcharge of 3.06% applies to payments made by American Express

4.     Time for payment is of the essence, and failure to pay in time will entitle us, without prejudice to our other rights, to:

•   suspend any outstanding delivery;

•   cancel the Agreement and seek damages for breach of contract and our costs of recovery; and/or

•   charge interest on the outstanding amount at 6% above the RBA cash rate from time to time each day from the due date of payment until the actual date of payment, both before and after any judgement.

5.     You must not make any deduction or withholding of any type from any payment due to us unless you have a valid court order requiring an amount equal to that deduction to be paid by us to you.

6.     All goods remain our property until fully paid.

Lead Times 

1.     Lead times are indicated on a Quotation, Sales Order or Sales Invoice.

2.     Lead times begin once deposit payment has been cleared in our bank account.

3.     Lead Times are accurate as possible. We will not be responsible for any unforeseen delays which may affect lead times.

Shipment and Delivery 

1.     On acceptance of an order, we may confirm the period of shipment or delivery and must notify you of any variation from the quoted period. Unless you object in writing within 7 days of that notification to you, the period of shipment or delivery notified to you will be the contractual period for shipment or delivery.

2.     A quoted period for delivery will only start on the date you approve any of our drawings, specifications and finished schedule (as applicable).

3.     We will not accept any liability or responsibility for delays in the delivery of goods. We will only be liable for liquidated damages for a delay in delivery if these have been stipulated in the Quotation, Sales Order or Sales Invoice, and are limited to 5% of the contract value of the Agreement.

4.     Quotes for deliveries are given with best intentions but are not guaranteed. Time is not of the essence regarding the delivery of the Goods or the Anticipated Delivery Date, unless the Quotation, Sales Order or Sales Invoice expressly states otherwise. Time for delivery cannot be made of the essence by notice from you.

5.     Delivery will be deemed to be made when the Goods are delivered to the place specified in the Quotation, Sales Order or Sales Invoice. If the customer has requested that goods be left unattended, or with a third party representative, no responsibility will be taken for loss or damage by Mama Casa or their freight partners. We reserve the right to make part delivery of any order and each part delivery will constitute a separate sale of Goods on the Sales Terms and may be invoiced separately. A part delivery for an order will not invalidate the balance of any order.

6.     If for any reason you do not accept delivery of the Goods when they are ready for delivery or performance, or we cannot deliver the Goods or perform the Services on time because you have provided us the appropriate instructions, we reserve the right to:

•   invoice up to 80% of the total about of the Sales Invoice; and

•   charge you a weekly storage fee that will be calculated in weekly increments based on a storage charge of $30 per week per item, to accrue from 2 weeks after the Anticipated Delivery Date until delivery.

7.     If we attempt delivery of the Goods to you, and it is discovered that the delivery site is not ready for installation of the Goods and, as a consequence, we are required to return the Goods back to their own premises and subsequently re-deliver the Goods to you, we will be entitled to charge you a reasonable fee to recover the additional transport and storage costs.

Inspection and Acceptance

1.     You must inspect all Goods on delivery.

2.     You must notify us if the Goods are not in accordance with the Quotation, Sales Order or Sales Invoice with 48 hours of delivery. Failing such notice and to extent permitted by statute, the Goods and their condition will be deemed to have been delivered and accepted by you.

Cancellations and Returns 

1.     We will not accept the return of the Goods delivered to you if the Goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the Sales Order, unless we choose to do so in our sole discretion.

2.     If we do accept a cancellation of your Sales Order, you agree to arrange a return of the Goods, at your cost and risk to the agreed location. You agree to return the Goods in their original condition in their original unopened and sealed package. You will agree that we are entitled to deduct from any refund of the payment made by you, the cost of the original delivery and an amount that we reasonably believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the Goods.

3.     If, after you have made full payment of the deposit when required in accordance with the Quotation, Sales Order or Sales Invoice but before the Goods are delivered to you, you wish to change your mind and cancel the Sales Order, and we accept such cancellation, you agree that we are entitled to forfeit the whole of the deposit paid by you and charge you any additional amount that we reasonably believe reflects the loss to us in accepting the cancellation, including transportation or storage cost and any mark down of the price of the Goods.

Warranties

1.     Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

2.     In addition to all the rights and remedies to which you may be entitled under the ACL and any other relevant legislation, we offer, on behalf of manufacturers of the Goods, the respective manufacturer’s warranties in respect of the Goods.

3.     It should be noted that warranties do not cover: any breakage caused by negligent and/or improper use of the Goods, changes caused by normal wear and tear, any damage caused by lack of and/or erroneous maintenance, any damage due to an accident or force, or chromatic variations in wooden and varnished parts due to the normal ageing of the finish. It should also be noted that coverings such as leather and fabric have very specific and limited warranties, so ‘coverings’ may not fall under the warranty terms of the manufacturer.

Confidentiality

We undertake not to disclose at any time any commercial or technical details associated with the Quotation, Sales Order or Sales Invoice, and to keep such material strictly confidential and in compliance with our Privacy Policy.

Force Majeure

If, in the performance or observance of our obligations under this Agreement, we are prevented, restricted or affected by reason of a force majeure event, including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond our reasonable control, we may, in our absolute discretion, give prompt notice of such cause to you, and we are excused from such performance or observances to the extent of such prevention, restriction or affectation.