In these terms and conditions, "we" mean's Middlemass Group Pty Ltd (ABN 98 101 356 272) Factory 5, 12 Shearwater Drive "Shearwater Business Park", TAYLORS BEACH, NSW, 2316. Please read the terms and conditions carefully as they apply to the use of this internet site. By using this site you agree to be bound by these terms and conditions. We may revise these terms and conditions without notice or obligation by updating this posting.
The term "buyer" refers to the purchaser of goods and services from Middlemass Group Pty Ltd.
Acceptance by Seller of any order is limited to these Terms; and Seller objects to any additional or different terms which may be contained in any of Buyer ’s purchase order, acknowledgment or other forms or correspondence. Except as otherwise expressly agreed to by Seller in writing, these Terms, shall constitute the entire agreement between Seller and Buyer on the subject hereof, superseding all prior oral or written communications and negotiations.
3. Governing Law
These terms & conditions shall be construed in accordance with the laws of the state of New South Wales and all parties shall submit to the courts of that jurisdiction.
This site caters for consumers within Australia only. Middlemass Group Pty Ltd may at its own discretion refuse a sale / or require ID to complete an order. Both Delivery addresses and Billing addresses must be within Australia and its territories. We are not able to deliver to Hotels / Motels or any form of temporary accommodation / or onforwarders.
5. Special Orders
Special orders or orders that are made-to-order are non-refundable and require payment via EFT in order to proceed. Acceptance of additional terms required. (Subject to Annex 1 on your quote)
6. Damage or Missing Freight Claims
Should you find that the products have been damaged in any way or your order is not correct, you must notify us within 7 days of receipt of the goods or goods being despatched. Missing freight investigations with the courier carrier can take upto 14 days to resolve.
Prices are as quoted on the website at the time you place your order. Future specials or promotions do not entitle prior orders to account credits. All prices shown online include GST.
We accept payments via, PayPal, Visa, MasterCard, American Express, and Direct Deposit.
Credit Card payments are debited at the time we process / dispatch your order.
9. Title Retention
Middlemass Group Pty Ltd holds title on all goods until paid for in full. When the goods are fully paid for, only then will the title of goods be transferred to the buyer.
10. Returns & Exchanges
You should refer to our Returns & Exchanges Policy
Delivery dates and times are quoted in good faith, but are not guaranteed. Seller cannot assume any risk or liability for delay or nonfulfillment of shipments due to acts of God, war, strikes, breakdown, fires, government orders, or other causes beyond Seller ’s control. It is up to the buyer to ensure the delivery address given is accurate and to allow sufficient time for any delays in deliveries. Freight charges (if any) are non-refunable should a delivery be delayed.
As a consumer you should be aware that you have a right to complain about products or services, should they fall outside your expectations. You should lodge a dispute by logging in through our web site to the (Resolution Centre) or write to us, so we can action your complaint. Any complaint will be handled in the shortest time possible in order to come to an acceptable resolution.
13. Data Protection
We will only use the information that we collect about you lawfully (in accordance with the Privacy Act 1998) and according to consumer protection guidelines for electronic commerce. The personal information which we hold will be held securely in accordance with our internal security policy and the law.
14. Product Descriptions & Images
Due to the limitations of photography and broadcasting, colours of goods you receive may differ slightly to those displayed on your monitor. Middlemass Group Pty Ltd cannot be held responsible for any variations in product specifications enforced without notice by our suppliers. Middlemass Group Pty Ltd also reserve the right to alter specifications without notice or obligation to the purchaser. All images are for reference only and should not be relied on when making the purchasing decisions. All purchasing decisions should be made based on the product descriptions.
15. Customer Portals & Proof Documents
As a retailer, Middlemass Group Pty Ltd does NOT participate in customer contracts, online portals and/or forms for purchase orders, supplier setups or payments for private companies. For more information see our section under Help / Purchase Orders.
16. Error & Omissions
We reserve the right to correct all clerical errors and omissions.
We report all data for fraudulent activities to the Australian Cyber Security Centre (ACSC) https://www.cyber.gov.au
This site is © 2023, Middlemass Group Pty Ltd, A.C.N. 101 356 272. All Rights Reserved. All brand names, product names and titles used in this site are registered trademarks shown by ® or trade names shown by ™ of their respective holders. No permission is given in respect of use of any of the above and such use may constitute an infringement of the holders' rights. All intellectual property rights are preserved by Middlemass Group Pty Ltd.
19. Intellectual Property Rights
You acknowledge that the content of the site is subject to copyright and other intellectual property rights. Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to sell, reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use any of the content in any way for any public or commercial purpose without our written consent: or otherwise infringe the intellectual property rights of any person in using the site or any content. Nothing you do on or in relation to the site will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless this is expressly written and agreed to by Middlemass Group Pty Ltd.
20. Limitation Of Liability
In no event shall Middlemass Group Pty Ltd be liable for any indirect, special, incidental or consequential damages or loss including but not limited to loss of income, loss of use, loss of data, loss of business or profits howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. To the extent permitted by law, Middlemass Group Pty Ltd does not accept any liability for any damage or injury caused by the use or misuse of products purchased from Middlemass Group Pty Ltd. To the extent that Middlemass Group Pty Ltd may be liable for a breach of a condition of The Trade Practices Act 1974 (other than a condition or warranty implied by section 69 of the Act), the maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.