Terms & Conditions
Mee Loft Pty Ltd
A.B.N 26 602 159 115
These are the terms and conditions upon which the Seller (as named in section 1.1(q)(i) below), or as agent for the Seller, supplies goods and services and provides quotations to Buyers.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these terms and conditions, unless the context otherwise requires:
(a) “Application” in relation to a Buyer means the Thirty Day Credit Account Application signed by the Buyer which refers to these terms and conditions.
(b) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
(c) “Buyer” means the Person named in the relevant Sales Invoice or Quotation. “Buyer” can also mean “Hirer” where the product purchased is a Rental Service of Skydiving Equipment.
(d) “Business Day” means a day other than a weekend or public holiday in the place which the goods are delivered.
(e) “Consumer” means a person who acquires goods or services as a consumer within the meaning of section 3 of the Australian Consumer Law, including where:
(i) the amount paid or payable does not exceed $100,000;
(ii) the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption; or
(iii) the goods consist of a vehicle or trailer acquired principally for transporting goods on public roads,
subject to the exclusions contained in the Australian Consumer Law.
(f) “Excluded Loss” means:
(i) in the case of loss or damage resulting from a breach of contract (including any contractual duty of care) loss of revenue; loss of profit; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation; loss arising from late delivery or failure to deliver goods; loss arising from any business interruption; increased overhead costs and any indirect, remote or unforeseeable loss occasioned by that breach, whether or not in the reasonable contemplation of the Buyer and the Seller at the time of the Quotation, Sales Invoice or any delivery of goods as being a probable result of the relevant breach; and
(ii) in the case of loss or damage arising from any tort (including negligence) which does not also constitute a breach of contract – indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort.
(g) “Exclusive Goods” means any goods which are, at the Buyer’s request, embellished, embroidered, printed, machined, cut-to-size or specifically ordered for the Buyer.
(h) “GST” means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.
(i) “GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.
(j) “GST Law” has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
(k) “Payment” means any amount payable under or in connection with a Quotation or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.
(l) “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
(m) “PPSA” means Personal Property Securities Act 2009 (Cth)
(n) “Purchase Price” means the price for the goods set out in the relevant Quotation or Sales Invoice.
(o) “Quotation” means the form of quotation submitted by a Seller to the Buyer in which these terms and conditions are deemed to be incorporated.
(p) “Sales Invoice” means the sales invoice issued by a Seller to the Buyer in which these terms and conditions are or are deemed to be incorporated.
(q) “Seller” in relation to any Quotation or Sales Invoice means:
(i) except as set out in (ii) below, Mee Loft Pty Ltd A.B.N. 26 602 159 115
(ii) if in a Quotation or Sales Invoice a company referred to in (i) above is expressed to be acting as agent for a Person named in the Sales Invoice or Quotation then the Seller is that Person and the Buyer acknowledges that the Seller as named above acts only as the agent of that Person.
(r) “Tax Invoice” has the meaning given to that term by the GST Law.
(s) “Taxable Supply” has the meaning given to that term by the GST Law.
1.2 Interpretation (a) Any special conditions specified on a Quotation or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions. (b) Words importing the singular shall include the plural (and vice versa).
(c) If any provision of these terms and conditions is invalid and does not go to the essence of this agreement, these terms and conditions should be read as if that provision has been severed.
2. GOVERNING TERMS AND CONDITIONS
These Terms and Conditions apply to all goods and services supplied by the Seller unless otherwise agreed in writing or to the extent that any applicable law, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, provides rights or obligations which cannot lawfully be excluded, restricted or modified.
Any request, instruction, booking, acceptance of a quotation, or order (whether verbal, written or electronic) by the Buyer for goods or services supplied by the Seller constitutes acceptance of these Terms and Conditions, notwithstanding any terms contained in any purchase order, instruction or other document issued by the Buyer.
3. TERMS OF PAYMENT
Payment is due on or before the due date stated on the Sales Invoice, Quotation or any other written communication issued by the Seller. If the Buyer fails to make payment in accordance with this clause, all amounts owing by the Buyer to the Seller named in the Sales Invoice or any other Seller on any account shall immediately become due and payable. This includes the total of any future payments owed on a lay-by or payment plan arrangement entered into.
A grace period of seven (7) days will be granted before interest is applied to allow for minor delays in payment processing.
Each outstanding amount shall bear interest at a rate of 10% per annum, compounded fortnightly and calculated on a daily basis from the eighth (8th) day after the due date until the day it is paid.
The Seller may charge a reasonable administration fee of up to $35 for each overdue invoice. The Seller may also recover any reasonable additional costs and expenses actually incurred in undertaking subsequent collection or recovery action in relation to that overdue amount.
The Seller may engage solicitors, mercantile agents and/or debt collection agencies to recover overdue amounts. All reasonable costs and expenses incurred in recovering overdue amounts, including administration fees, collection fees, reasonable legal costs actually incurred, court filing fees and debt recovery costs, are payable by the Buyer.
4. INSPECTION AND ACCEPTANCE
The Buyer shall inspect all goods upon delivery and, within two (2) Business Days of delivery, give written notice to the Seller of any matter by which the Buyer alleges that the goods do not accord with the Buyer’s order.
Failing such notice, subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Cth), the goods shall be deemed to have been delivered to and accepted by the Buyer.
5. RETURNS
Except where required by law, returns are at the sole discretion of Mee Loft. Returns due to change of mind or other non-warranty reasons are generally only accepted as an exchange for other goods, not as a refund. Any approved returns must be freight prepaid and will only be accepted if they are in a saleable condition and (unless otherwise agreed with the Seller) the goods are returned within 14 days of supply.
Mee Loft reserves the right to charge a handling fee of $25 or 10% of the price of the goods returned (whichever is greater) under this provision. The Seller will not accept the return of goods specifically purchased, manufactured, machined, or cut to size for the Buyer, except where required by law.
6. QUOTATIONS
(a) Unless previously withdrawn, a quotation is valid only for the period stated in the quotation. If no period is specified, the quotation is valid for 7 days from the date of issue.
(b) Once a quotation is accepted for custom-manufactured goods or goods ordered from a manufacturer's stock list, it becomes a contractually binding agreement to purchase said goods by the Buyer.
(c) Where goods are imported, custom manufactured or specially ordered for the Buyer, the Purchase Price is based upon supplier pricing, exchange rates, freight costs, duties, taxes and other costs applicable at the time the quotation is issued.
If, prior to the Seller receiving payment in full from the Buyer and placing or paying for the order with the manufacturer or supplier, there is any increase in the Seller’s cost of supplying the goods (including as a result of foreign exchange fluctuations, supplier price increases, freight costs, import duties or taxes), the Seller may adjust the Purchase Price accordingly.
The Seller will notify the Buyer in writing of any such adjustment.
The Buyer acknowledges and agrees that the risk of such increases remains with the Buyer until payment in full has been received by the Seller and the goods have been ordered or paid for by the Seller.
Once payment in full has been received and the Seller has placed or paid for the order, the quoted Purchase Price is fixed unless otherwise agreed in writing by the parties or required by law.
(d) If the Buyer does not accept the revised Purchase Price within seven (7) days of notification, the Seller may cancel the order or quotation.
The Buyer remains liable for any reasonable costs, losses and non-recoverable expenses actually incurred by the Seller in procuring or committing to procure the goods on the Buyer’s behalf.
7. GST
The parties agree that:
(a) the Purchase Price is inclusive of GST.
(b) Where goods are imported from overseas, the Buyer is responsible for any applicable GST, duties, taxes and import charges and must reimburse the Seller for any such amounts paid by the Seller on the Buyer’s behalf.
(c) each party will comply with its obligations under the Competition and Consumer Act 2010 (Cth) when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly.
8. PASSING OF PROPERTY AND RISK
(a) Subject to any rights or guarantees that cannot be excluded or modified under the Australian Consumer Law or any other applicable legislation, goods supplied by the Seller shall be at the Buyer’s risk upon delivery to the Buyer or the Buyer’s nominated recipient. Where the Buyer independently nominates or arranges a carrier or freight provider not engaged by the Seller, risk passes to the Buyer upon delivery of the goods to that carrier or freight provider.
(b) The Seller and its agents shall take reasonable care in packaging goods for shipment but shall not be liable for any loss, theft or damage occurring after risk has passed to the Buyer in accordance with this clause.
(c) The Buyer acknowledges that where the Seller provides Skydiving Equipment under a rental or hire arrangement, the Buyer is responsible for any and all loss, theft or damage to the rented equipment at all times during the rental period, including whilst the equipment is in transit to or from the Seller’s facilities, unless otherwise agreed in writing by the Seller or where the loss or damage is caused by the Seller's negligence.
(d) Property in the goods supplied by the Seller shall not pass to the Buyer until all amounts owing by the Buyer to the Seller in respect of those goods, and any other amounts owing by the Buyer to the Seller on any account, have been paid in full.
9. SUPPLY
Each Seller reserves the right to suspend or discontinue the supply of goods to the Buyer on reasonable grounds without being obliged to give any reason for its action.
10. PART DELIVERIES
Each Seller reserves the right to make part deliveries of any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order.
11. INSTALLATION
A Seller’s Quotation or Sales Invoice is made on a supply only basis. Installation and commissioning (if any) is at the expense of the Buyer unless otherwise specified in writing by the relevant Seller.
12. DIMENSIONS, PERFORMANCE DATA AND OTHER DESCRIPTIVE DETAILS
(a) Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a Quotation, descriptive literature or a catalogue approximate the goods offered but may be subject to alteration by the manufacturer or supplier without notice.
(b) To the extent permitted by statute, any performance data provided by the Seller, a supplier or a manufacturer is an estimate only and should be construed accordingly.
(c) Unless otherwise agreed in writing, the Seller may supply a substitute product where reasonably necessary, provided that it has characteristics materially consistent with the goods ordered. The Seller must not substitute goods expressly identified by brand or model in an accepted Quotation or Sales Invoice without the Buyer’s agreement.
13. SHIPMENT AND DELIVERY
(a) Upon acceptance of an order by a Seller, that Seller will seek confirmation of the expected shipment or delivery period from the relevant supplier or manufacturer. If any variation has occurred in the quoted period, the Seller will notify the Buyer. Unless the Buyer objects in writing within 7 days of that notification, the updated period will be considered the contractual delivery timeframe.
(b) A delivery charge will apply to all deliveries, with the exception of back-order deliveries which are part of an original order that has been partly fulfilled.
(c) For custom-ordered items, the Buyer acknowledges that Mee Loft has no control over production lead times or shipping timeframes once goods are in the hands of the manufacturer or third-party logistics providers. Any delays in manufacture, international freight, customs processing, or courier delivery are outside the control of Mee Loft and do not constitute grounds for cancellation or refund unless otherwise required by law.
14. MANUFACTURERS’ CHANGES
Where a Seller is acting as agent for a manufacturer or supplier, to the extent permitted by statute, the Seller (as defined in clause 1.1(q)(i)) shall not be liable for any alteration or variation in the goods made by this manufacturer or the supplier.
15. CURRENCY
Any adjustment arising from exchange-rate fluctuations in relation to imported, custom-manufactured or specially ordered goods will be governed by Clause 6.
16. CONTINGENCIES
Any charge, duty, impost, sales tax or other expenditure which is not applicable at the date of Quotation or Sales Invoice but which is subsequently levied upon a Seller in relation to a Quotation or Sales Invoice as a result of the introduction of any legislation, regulation or governmental policy, shall be to the Buyer’s account.
17. CHARGES BEYOND POINT OF DELIVERY QUOTED
Unless otherwise agreed in writing, if a Seller prepays freight, insurance, custom and import duties (if any), landing and delivery charges and all other charges in connection with shipment and delivery of the goods, then any such charges shall be to the Buyer’s account. Each Seller reserves the right to nominate the means of delivery.
18. FORCE MAJEURE
If the performance or observance of any obligations of any Seller is 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 the reasonable control of the Seller, the Seller may, in its absolute discretion give prompt notice of that cause to the Buyer. On delivery of that notice the Seller is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.
19. DEFAULT OF BUYER
If the Buyer is in breach of these Terms and Conditions or otherwise fails to comply with any obligation owed to the Seller, the Seller may, at its absolute discretion and without prejudice to any other rights or remedies available at law or under these Terms and Conditions:
(a) refuse or suspend the supply of any goods or services to the Buyer;
(b) cancel or suspend any outstanding orders, bookings or quotations; and
(c) require immediate payment of any amounts owing by the Buyer.
The Seller shall not be liable to the Buyer for any loss or damage suffered or incurred by the Buyer arising from the exercise of any rights under this clause.
The Buyer is liable for all reasonable costs and expenses incurred by the Seller in recovering overdue amounts or enforcing its rights under these Terms and Conditions, including administration fees, collection fees, mercantile agent fees, reasonable legal costs actually incurred, court filing fees and debt recovery costs.
20. BUYER’S CANCELLATION
Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by a Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Seller with which the order has been placed not later than 7 days prior to the estimated date of shipment by the manufacturer or that Seller as the case may be. Unless otherwise agreed between the Buyer and Seller, upon cancellation prior to shipment any deposit paid by the Buyer shall be forfeited to the manufacturer or Seller (as the case may be). Despite the cancellation of any order for any reason, the Buyer must still purchase from the Seller any goods ordered by the Buyer which constitute Exclusive Goods (whether in store, in transit or being manufactured) which were procured or ordered by the Seller before such cancellation, unless otherwise agreed in writing by the Seller.
21. WARRANTY AND LIABILITY OF SELLER
(a) The Seller makes no express warranties under this Agreement unless expressly stated in writing. Manufacturers may provide voluntary warranties in relation to goods supplied by the Seller. Any manufacturer’s warranty operates in addition to, and does not exclude, any rights or remedies available against the Seller under applicable law. Claims under a manufacturer’s voluntary warranty must be made in accordance with the terms of that warranty.
(b) The Buyer shall immediately notify the Seller in writing of any alleged defect in goods or services supplied by the Seller. The Buyer must not carry out, or permit any third party to carry out, any repair, alteration or remedial work without first obtaining the Seller’s written consent. The Seller is not responsible for any costs incurred by the Buyer arising from unauthorised repairs, alterations or modifications.
(c) Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies which cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
(d) Where the Buyer acquires goods or services as a Consumer, the Buyer is entitled to the benefit of any applicable consumer guarantees under the Australian Consumer Law.
(e) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other 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.
(f) Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee applying to services under the Australian Consumer Law. Where the Buyer acquires services as a Consumer, the Buyer is entitled to the benefit of any applicable consumer guarantees, including that services will be provided with due care and skill, be reasonably fit for any disclosed purpose and be supplied within a reasonable time where no time for supply is fixed.
(g) To the extent permitted by law, where goods or services supplied by the Seller are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Seller’s liability for breach of an applicable statutory guarantee is limited, at the Seller’s option:
(i) in relation to goods, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of replacement, equivalent supply or repair; and
(ii) in relation to services, to supplying the services again or paying the cost of having the services supplied again.
(h) Subject to clause 21(c), the Seller shall not be liable to the Buyer, whether in contract, tort (including negligence) or otherwise, for any Excluded Loss arising from or in connection with the supply of goods or services under this Agreement.
(i) The Seller makes no express warranties or representations as to the suitability of any goods, materials or services supplied for any particular purpose unless expressly agreed in writing.
(j) To the extent permitted by law, the Seller is not liable for any defect, damage or failure caused or contributed to by unauthorised alteration, tampering, improper use, inadequate maintenance or repair by the Buyer or any third party. Nothing in this clause excludes any right or remedy that cannot lawfully be excluded.
21A. INSPECTION SERVICES
(a) Where the Seller provides inspection, testing, or maintenance services, such services are carried out to the extent reasonably possible based on the condition of the goods at the time of inspection and within the agreed scope.
(b) The Buyer acknowledges that inspections may not identify every defect, particularly latent, hidden, or developing faults, and that the Seller does not warrant that the goods are free from all defects.
(c) The Seller does not warrant or represent that inspected goods are airworthy, jumpable, serviceable or suitable for use or compliant with any manufacturer's requirements or regulatory requirements unless expressly stated in writing by the Seller.
(d) The Buyer acknowledges that skydiving, parachuting, and related activities are inherently dangerous and carry risks that cannot be eliminated. These risks include, but are not limited to, the risk of serious injury or death, even when equipment is properly maintained and inspected.
(e) The Buyer remains solely responsible for the ongoing safe use, maintenance, and regulatory compliance of the goods, regardless of the inspection outcome.
(f) Upon completion of any inspection, testing or maintenance services, risk in the goods passes in accordance with Clause 8. Where the Buyer collects the goods, risk passes upon collection. Where the Buyer independently arranges a carrier or freight provider not engaged by the Seller, risk passes when the goods are delivered to that carrier or freight provider.
(g) To the extent permitted by law, the Seller’s liability for any defect or fault not identified during an inspection is limited to re-inspection of the goods or a refund of the inspection fee paid.
22. ALTERATION TO CONDITIONS
A Seller may, at any time and from time to time, alter these terms and conditions. Any variation to these standard terms and conditions will not apply to any contract for a specified term that incorporates a version of these standard terms and conditions released prior to the variation.
23. VIENNA SALES CONVENTION
To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to the contract comprised by these terms and conditions nor do any of the terms and conditions express or implied by the Vienna Sales Convention form part of the contract.
24. GOVERNING LAW
These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of Queensland and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
25. PAYMENT PLANS & LAY-BY ARRANGEMENTS
(a) Deposit Requirement: The Buyer must pay such deposit as determined by the Seller and agreed between the parties prior to the commencement of any lay-by or payment plan arrangement.
(b) Ownership & Delivery: The Seller may, at its discretion, deliver the goods to the Buyer upon receipt of the agreed deposit. However, ownership of the goods remains with Mee Loft until full payment is received.
(c) Payment Schedule: The remaining balance must be paid in accordance with the agreed payment plan. Failure to adhere to the agreed payment schedule will result in the total outstanding balance becoming immediately due and payable.
(d) Cancellation: A lay-by arrangement may be cancelled to the extent required by the Australian Consumer Law. The Seller may deduct any termination fee permitted by law and must refund the remaining amount paid. A payment plan involving Exclusive Goods or goods already delivered may not be cancelled unless agreed in writing by the Seller or required by law, and the Buyer remains liable for all amounts properly payable under the arrangement.
(e) Default & Recovery: If the Buyer fails to make payment by the due date, the Seller may exercise any rights and remedies available to the Seller under Clause 3 (Terms of Payment), including the charging of interest, recovery of reasonable administration and debt recovery costs, and the commencement of debt recovery or legal proceedings where necessary.
26. BUYER'S RESPONSIBILITY
The Buyer is responsible for satisfying themselves as to the suitability, compatibility and intended use of any goods or services supplied by the Seller. Any information or recommendation provided by the Seller is given in good faith and based upon the information supplied by the Buyer. The Seller is entitled to rely upon the accuracy and completeness of that information and, to the extent permitted by law, is not liable for loss caused or contributed to by inaccurate, incomplete or misleading information supplied by the Buyer.
