Terms of service

1. About these terms

These terms of service govern the supply of goods and services by Mansotra Enterprise Pty Ltd (ABN 95 701 328 583, ACN 701 328 583) of Victoria 3064, Australia ("we", "us", "our"), and your use of the website at mansotraenterprisetec.site. "You" means the person or business we are dealing with.

These terms apply together with the written scope and quote we issue for a particular engagement. Where a written scope, quote or signed agreement conflicts with these terms, the terms of that document prevail to the extent of the inconsistency for that engagement only.

Nothing on this website is an offer capable of acceptance. Information on this site is general in nature and is not legal, accounting, tax or financial advice.

2. Quotes and orders

We provide written quotes based on the scope you describe. A quote sets out what is included, what is excluded, the price and the indicative or agreed date. Unless the quote says otherwise, it is open for acceptance for thirty days and is based on the information available when it was prepared.

A binding agreement is formed when you accept the quote in writing (including by email) or issue a purchase order referring to it, and we confirm acceptance. We may decline an order before that confirmation. Where the scope you describe turns out to be materially different from the actual requirement, we will re-quote rather than proceed on an inaccurate basis.

3. Prices and GST

Prices are in Australian dollars. We will state clearly on each quote and tax invoice whether amounts are inclusive or exclusive of GST, and the GST amount payable.

Quoted prices assume the supplier pricing, freight rates and access conditions known at the time of quoting. If a third-party cost changes materially before the order is placed, we will tell you and give you the choice of proceeding at the revised figure or withdrawing without charge.

4. Payment

Payment terms are stated on the quote and tax invoice. Unless agreed otherwise in writing, invoices are payable within fourteen days of the invoice date. We may require a deposit or payment in advance where an order commits us to a non-refundable supplier cost.

If an invoice remains unpaid after its due date we may suspend further work, withhold delivery of goods not yet supplied, and recover reasonable costs of collection. We may charge interest on overdue amounts at a reasonable commercial rate, notified to you in writing before it is applied.

5. Delivery, risk and title

Delivery dates are given in good faith on the basis of supplier and carrier advice. Where a date is stated as firm in the written scope, we will treat it as firm; otherwise it is an estimate and we will keep you informed of any change.

Unless otherwise agreed in writing, risk in goods passes to you on delivery to the address you nominate. Legal title to goods does not pass until we have received payment in full of all amounts owing for those goods. Until title passes you must store the goods so that they remain identifiable as ours.

You must inspect goods on delivery and tell us in writing about any shortage, damage or incorrect supply as soon as reasonably practicable, so that we can take the matter up with the supplier or carrier while a claim is still available. This clause does not limit your rights under the Australian Consumer Law.

6. Variations and delays

If the work required changes, we will raise a written variation setting out the change to scope, price and date, and we will not incur the additional cost until you approve it. We do not perform variations on a verbal instruction alone.

Where a supplier, carrier or third-party contractor causes a delay, we will notify you as soon as we become aware of it and set out the revised date and the options available.

7. Your obligations

To allow us to perform the engagement, you agree to:

• give us accurate and complete information about the requirement, the site and any access restrictions;
• provide safe and lawful access to any site at the agreed times, and tell us of any hazard or induction requirement;
• hold the permissions, approvals or licences needed for work to be carried out at your premises;
• make a responsible person available to receive goods and sign delivery documentation; and
• pay our invoices by the due date.

We are not responsible for a delay or additional cost caused by inaccurate information or unavailable access, and reasonable additional costs arising from either may be charged as a variation.

8. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Nothing in these terms excludes, restricts or modifies the application of the Australian Consumer Law, the exercise of a right conferred by it, or any liability we have under it.

Where the Australian Consumer Law applies and the failure is a major failure, you are entitled to a replacement or refund and to compensation for any other reasonably foreseeable loss or damage. Where the failure is not a major failure, you are entitled to have the problem fixed within a reasonable time and, if that is not done, to a refund of the price or to cancel the contract for the service.

Where we are permitted to do so by section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51, 52 or 53) is limited, at our option, to replacing or repairing the goods, supplying equivalent goods, paying the cost of doing so, or resupplying the services or paying the cost of having them resupplied.

Some goods we supply are manufactured by third parties and may carry a manufacturer's warranty. Any such warranty is in addition to, and does not limit, your rights under the Australian Consumer Law. We will pass on the benefit of a manufacturer's warranty where we are able to.

9. Limitation of liability

Subject always to clause 8, and to the extent permitted by law:

• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of production or loss of data arising out of or in connection with the supply of goods or services;
• our total aggregate liability arising out of or in connection with an engagement is limited to the amount you have paid us under that engagement; and
• we are not liable for loss to the extent it is caused or contributed to by your own act or omission, by inaccurate information supplied to us, or by the act or omission of a third party you engaged directly.

Where we engage a licensed contractor on your behalf, that contractor is responsible for the licensed work it performs. We are responsible for exercising due care in selecting and coordinating it.

Each limitation in this clause operates separately. If any part of it is unenforceable, the remaining parts continue to apply.

10. Intellectual property

All content on this website — including text, layout, the stylesheet, illustrations, diagrams and the Mansotra Enterprise name and monogram — is owned by us or used with permission, and is protected by the Copyright Act 1968 (Cth) and other applicable laws.

You may view the site and print or download a copy of a page for your own business record-keeping. You may not reproduce, republish, adapt or commercially exploit any part of it without our prior written consent.

Documents we prepare for an engagement, such as scopes, schedules and supplier comparisons, remain our intellectual property. On payment in full you receive a non-exclusive, non-transferable licence to use them for the purpose for which they were prepared. Information and materials you supply to us remain yours.

11. Use of this website

You must not use this website in a way that breaches any law, interferes with its operation or security, or attempts to gain unauthorised access to any system connected to it.

We aim to keep the site accurate and available but do not warrant that it will be uninterrupted or error free, or that the information on it is current at every moment. To the extent permitted by law, and subject to clause 8, we are not liable for loss arising from reliance on information published here without first confirming it with us in writing.

12. Confidentiality and privacy

Each of us will keep the other's commercial information confidential and use it only for the purposes of the engagement, except where disclosure is required by law or the information is already public. We disclose your details to suppliers, carriers and contractors only so far as is necessary to perform the work.

Personal information is handled in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our privacy policy, which forms part of these terms.

13. Termination

Either party may end an engagement by written notice if the other party commits a material breach and does not remedy it within fourteen days of being asked in writing to do so, or becomes insolvent or has an administrator, liquidator or controller appointed.

You may cancel an engagement before goods are ordered or work commences at no charge. After that point, you remain liable for goods already ordered on your instruction, for costs we have irrevocably committed to a supplier or carrier, and for work properly performed up to the date of cancellation.

We may end an engagement by reasonable written notice if the requirement falls outside what we can properly deliver, in which case you pay only for what has been supplied to that point.

Clauses 8, 9, 10, 12, 16 and 17 survive termination.

14. Events beyond reasonable control

Neither party is liable for a failure or delay in performing an obligation (other than an obligation to pay money already due) caused by an event beyond its reasonable control, including a natural event, fire, flood, industrial action, epidemic, failure of a transport network, or an act of a government authority. The affected party must notify the other promptly and take reasonable steps to reduce the effect. If the event continues for more than sixty days, either party may end the affected engagement by written notice.

15. Disputes

If a dispute arises, please raise it with us first by emailing [email protected] with a description of the issue and the outcome you are seeking. We will respond in writing and try to resolve it directly.

If it is not resolved within thirty days, the parties agree to attempt mediation in Melbourne, Victoria before starting court proceedings, unless urgent interlocutory relief is required. This clause does not prevent you from exercising any right under the Australian Consumer Law or from approaching Consumer Affairs Victoria or another relevant body.

16. Governing law and jurisdiction

These terms, and any engagement between us, are governed by the laws of the State of Victoria, Australia and the Commonwealth laws applying in that State. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

17. General

These terms together with the applicable written scope and quote form the entire agreement between us about their subject matter and replace any earlier understanding. A waiver of a right must be in writing and does not waive any other right. If a provision is found to be unenforceable, it is severed and the rest continues in force. You may not assign your rights under an engagement without our written consent, which will not be unreasonably withheld. We may update these terms from time to time; the version published on this page when your engagement is accepted is the version that applies to it.

18. How to contact us

Questions about these terms should be sent to:

Mansotra Enterprise Pty LtdABN 95 701 328 583 · ACN 701 328 583
Victoria 3064, Australia
[email protected]