Terms & Conditions of Sale

GUARANTEE FOR MATHEW MURRAY PRODUCTS

Our aim is to provide quality, Australian made products that meet your needs as a valued customer. Our
products are handmade from natural products which means that there will always be inconsistencies in
the final product. These inconsistencies are not manufacturing flaws but evidence of a product that is
lovingly crafted by hand, not mass produced by machines. Variations in colour, texture, shape, grain,
stitching and so forth are inherent in a handmade item and mean that your item will be completely
unique and original.  We guarantee that our products will:

• Be built to the specifications outlined in your quote
• Be built with the best quality leather and accessories available to us at the time of building
• Be stylish, durable and functional
• Meet our exacting standards for professional workmanship

Alteration, incorrect use or abuse of goods or products will immediately void this guarantee. Products may not be returned due to change of mind.  Normal wear and tear due to use is not covered under this guarantee.

If at any time you are dissatisfied with one of our products, please contact us within 48 hours so that we can work together to ensure your satisfaction.

 

TERMS & CONDITIONS

Payment in part, or full, of any quotes or invoices will be taken as agreement to the terms and conditions listed below.

Definitions

1. In these Terms and Conditions:

(a) ‘Accession’ has the meaning given in the PPSA.

(b)  ‘The Buyer’ means the person, body, corporation or otherwise as specified on the front of the attached quote.

(c)  ‘Collateral’ has the meaning given in the PPSA.

(d)  ‘PPSA’ means the Personal Property Securities Act 2009 (Cth).

(e)  ‘PPS Lease’ has the meaning given in the PPSA.

(f)  ‘PPS Register’ means the Personal Property Securities Register established under the PPSA.

(g)  ‘Proceeds’ has the meaning given in the PPSA.

(h)  ‘Purchase Money Security Interest’ has the meaning given in the PPSA.

(i)  ‘Relevant Collateral’ means Collateral which is the subject of a Security Interest granted under this agreement.

(j)  ‘Secured Party’ has the meaning given in the PPSA.

(k)  ‘Security Interest’ has the meaning given in the PPSA.

(l)  ‘The Seller’ means Mathew Murray (trading as Riverina Saddlery)

General

2. No quotation (“quote”) of the Seller shall constitute an offer.
3. Quotes are only valid for 10 days.
4. The Seller reserves the right to accept in whole or in part any order placed on it or to refuse such order security.
5. If the Buyer cancels or alters any order after the Seller has acquired goods or completed any work, the Seller reserves the right to charge the Buyer for any costs incurred.

Price

6. The Seller agrees to supply the goods described on the front of the attached quote to the Buyer.
7. The Buyer must pay to the Seller the balance of the Price specified on the front of the attached quote within 7 days of notification of saddle completion.
8. The Seller reserves its rights to change all prices without notice with the exception of those prices quoted for orders already placed and accepted by the Seller.
9. The Price is exclusive of any warehousing or freight costs incurred as a result of the delivery of the goods to the Buyer, noting that the Buyer must arrange delivery at its own cost, risk and responsibility.
10. All saddle order require a payment of $2,500.00 to confirm the order. This is not a holding deposit.  It is non-refundable.

Credit, Terms of Payment and Default

11. All goods must be paid for in full prior to delivery, unless the Seller has agreed to supply the Buyer with credit the Seller does so in accordance with any Credit Application to which these Terms and Conditions are attached
12. The Buyer must pay to the Seller the amount of credit specified by the Due Date specified in accordance with any Credit Application to which these Terms and Conditions are attached.
13. The granting of credit to the Buyer shall be at the absolute discretion of the Seller. Terms of payment are 7 days from the date of invoice unless otherwise agreed in writing
14. Failure to pay an account on the due date constitutes a default on behalf of the Buyer and entitles the Seller to suspend delivery, refuse further orders and cancel any existing contract for supply without further notice.
15. In the event of a Default interest is chargeable on any overdue amount at the rate of twelve per cent (12%) per annum calculated daily until such overdue amount is paid.
16. The parties agree that charging such Default interest is not a penalty, but a true measure of damages incurred by the Seller.

Delivery and Risk

17. Risk in the goods shall pass to the Buyer upon the Buyer or its agent taking possession of the goods.  The Seller will have no responsibility for the goods once Australia Post or a courier takes receipt of the goods if the Buyer chooses Australia Post or a courier as their delivery option.  It is the Buyer’s responsibility to request and pay for additional insurance, if required, before the purchase is completed.
18. Any time quoted for completion of the goods is an estimate only. The Seller shall not be liable for any delay in completion and reserves the right to adjust completion dates at any time.

Title

19. Legal and equitable title shall remain with the Seller until it has received payment in full for all goods supplied in accordance with these Terms and Conditions or any other agreement or account between the parties. Pending such payment the Buyer shall hold the goods as Bailee for the Seller and shall return the goods to the Seller if so requested.
20. The Buyer must provide the Seller with access to the premises where the goods are stored to enable the Seller to inspect and/or seize the goods.
21. The Buyer must not:-

(a)    create any security interest or lien over any of the Sellers Personal Property whatsoever (other than security interests granted in favour of the Seller);

(b)    sell, lease or dispose of its interest in the Seller’s Personal Property;

(c)    give possession of the Seller’s Personal Property to another person except where the Seller expressly authorizes it to do so; or

(d)   permit any of the Seller’s Personal Property to become an accession to or commingled with any asset that is not part of the goods supplied by the Seller.

22. In the event that the Seller’s Personal Property becomes an accession to or commingled with any asset that is not part of the goods supplied by the Seller, the Seller shall also retain the legal and equitable title to such processed or comingled goods.

Warranties

23. All warranties, conditions, guarantees and liability implied by law other than:
    • those which may not be lawfully excluded under the Competition and Consumer Act (2010) or any other Commonwealth, State or Territory Legislation; and
    • any express warranty contained in a warranty card (if any) accompanying the Product,

are to the maximum extent legally permissible hereby excluded.

24. Without limiting clause 8 above, the Seller shall not be liable for any direct, indirect, incidental or consequential loss, injury or damage whatsoever (including but not limited to loss of profits, damage or claims by third parties) which the Buyer may suffer in respect of the purchase or use of the goods.
25. Despite any other clause of these Terms and Conditions, to the fullest extent permitted by law the Sellers maximum liability arising out of the supply of the goods will, at the Sellers election, be limited to:-

• the replacement of the goods or the supply of the equivalent goods as those supplied by the Seller;
• the payment of the cost of replacing the goods or of acquiring equivalent goods as those supplied by the Seller; or
• the cost of repairing the goods.

Indemnity

26. The Buyer indemnifies the Seller on a continuing and full indemnity basis from and against any liability, loss, expense or demand to the fullest extent permitted by law, including but not limited to damages or loss arising from false, misleading, deceptive or misdescriptive representations or statements made by the Buyer in respect of the goods to any person. This indemnity does not merge on termination of this agreement by either party for any reason.

Personal Property Securities Act

27. The Buyer agrees that:-

• the retention of title in relation to goods which are supplied under these Terms and Conditions gives rise to a Security Interest in the goods in favour of the Seller, being a Purchase Money Security Interest;
• in the event that the Buyer sells, leases or disposes of its interest in the Seller’s Personal Property the Seller’s rights and interest in Proceeds derived from the goods also constitute a Security Interest in such Proceeds; and
• if the Buyer sells or otherwise disposes of the goods before the purchase price of goods has been paid in accordance with this agreement, it does so as the Seller’s fiduciary agent and the Proceeds of such sale or other disposal are also property of the Seller and are held by the Buyer on trust for the Seller.

28. The Seller may register any Security Interest granted under this agreement on the PPS Register in any manner it chooses. The Buyer agrees to take such steps as the Seller reasonably requires (for no charge) to ensure the Seller can affect such registration.
29. The Buyer agrees that the Lessor need not give any notice required under the PPSA (including a notice of verification statement under section 157) unless the requirement to give the notice cannot be excluded.
30. Without limiting clause 1, the Buyer agrees the following provisions of the PPSA will not apply to the enforcement of a Security interest created by this agreement:
    • section 95 – (notice of removal of accession), to the extent that it requires the Lessor to give the Lessee a notice;
    • section 96 – (when a person with an interest in the whole may retain accession);
    • section 117 – (obligations secured by interests in personal property and land);
    • section 118 – to the extent that it requires the Lessor to give the Lessee a notice;
    • section 120 – (enforcement of liquid assets) to the extent that it requires the Lessor to give the Lessee a notice;
    • subsection 121 (4) – (enforcement of liquid assets — notice to grantor);
    • section 125 – (obligation to dispose of or retain collateral);
    • section 130 – (notice of disposal), to the extent that it requires the Lessor to give the Lessee a notice;
    • subsection 132(3)(d) – (contents of statement of account after disposal);
    • subsection 132(4) – (statement of account if no disposal);
    • subsection 134(2) – (notice of retention);
    • section 135 – (notice of retention);
    • section142 – (redemption of collateral); and
    • section 143 – (reinstatement of security agreement).

Variation of Agreement  

31. Any oral agreement which does not conform to these Terms and Conditions shall not be binding on the Seller.
32. The Seller reserves the right to vary these Terms and Conditions upon giving not less than 30 days notice.

Proper Law

These Terms and Conditions of Sale shall be governed by the laws of the State of New South Wales.