Back to all services

Terms and Conditions

1.                     Our Contract

  • These terms and conditions (Terms) are between Melbourne Packaging Supplies Pty Ltd T/A MPS Packaging Australia (We, Us or Our) and you.
  • We may amend this set of Terms from time to time – please review before placing each order.
  • When you place an order via our website or otherwise by reference to products advertised on our website, you will receive an order confirmation email confirming receipt of your order (Confirmation Email). This Confirmation Email will only be an acknowledgment of your order and will not constitute acceptance of your order.
  • A contract between Us will not be formed until We send you confirmation by email that the Goods which you ordered have been sent to you (Dispatch Email).
  • Only those Goods listed in the Dispatch Email will be included in the contract formed between you and Us (Contract).
  • If We choose to not accept an order, We will not capture the payment, If we have captured the payment and choose not accept the order, We will refund any paid money by you promptly.

2.                     Pricing and availability

  • Subject to clause 2.2, We use reasonable commercial efforts to ensure that all details, descriptions and prices of the goods which appear on our Website (Goods) are accurate. However, listing errors may occur in relation to such details, descriptions and prices (Error). If We discover an Error in relation to any Goods you have purchased, We will endeavour to correct the Error as soon as practicable.
  • Any picture of a product used on Our Website may of a like product, and the exact colour, or size of product may vary from the picture.
  • You acknowledge that any steel strapping brought in quantities under the manufacturers skid weight, of approximately 550kg, will use a weighted avg weight for the coils. Rounded UP to the nearest KG.
  • Delivery costs will be charged in addition to the purchase price and such additional charges are clearly displayed where applicable and included in the “Total Cost”.

3.                     Purchase price of custom-made products – non website orders

  • No product ordered online through the mpspack.com.au is considered “custom made” for this clause. Only quotes by our sales representative are subject to this clause.

    The customer acknowledges that any custom-made products are subject to variance in total quantity produced. Custom-made products are considered to be plastics, and majority of all order in cardboard products. The customer will be charged for the quantity produced on any cardboard up to +/-20% on orders of value under $2000.00 and +/-10% on orders above $2000.00. The customer will be invoiced or credited the variance once final production quantity is confirmed. Cash sales are expected to pay this amount prior to delivery, 30 day account holders will have the amount adjusted on their sales order and invoice.

4.                     Payment

Once We receive your order, We carry out a standard authorisation check on the credit or debit card you provided to Us at time of checkout (Card) to ensure there are sufficient funds to fulfil the transaction. Your Card will be debited upon authorisation being received. The monies received upon the debiting of your Card must be treated as a deposit against the value of the Goods you wish to purchase. Once the Goods have been dispatched and a Contract exists after your Dispatch Email has been sent, the monies paid as a deposit must be used as consideration for the value of Goods you have purchased as listed in the Confirmation Email.

5.                     Use within specifications

  • The customer agrees to use the product only within the manufacturer’s recommended

6.                     Delivery of Goods

  • Non-delivery of Goods must be reported to Us as soon as possible.
  • You will be given a choice of options when available for delivery, if using our standard or flat rate shipping, only hand unload or forklift unload is available. For pallet orders you maybe given the option for forklift unload or tailgate unload. Please select the appropriate option for your equipment, please note if redelivery is required with a different method due to failure to select the correct method. Additional delivery charges may pally.
  • While We do everything We can to ensure your order is delivered in a timely manner, We will not be liable for any loss or damage incurred by any person as a result of delay caused by Our carrier that We have no control over or by any event which is out of Our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to Us.
  • In the event that there is no one at the delivery address nominated by You at the time the products are delivered, you consent to the products being left unattended at your risk at the delivery address.

International customers

  • All customs / duties/ import fees / taxes and duties are the responsibility of the customer.

7.                     Receipt of Goods

  • You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements then you must give notice to Us within fifteen (15) business days of receipt of the Goods. If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by Us within fifteen (15) business days after receipt of the Goods by you.
  • This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 9 below.

8.                     Refund policy

You are able to return and refund goods with the following limitations

  1. You notify us within 30 days of your Invoice.
  2. The goods were not made, slit or ordered in specifically for you
  3. The goods are not custom printed with your logo or brand
  4. The goods are in an unused condition still marked with our labels
  5. The goods are not machinery which is 230v or battery powered.
  6. The refund amount will be less any out of pocket expenses MPS has for freight.
  7. We may be able so straight exchange goods if the goods are returned to us and picked up from us.

 

9.                     Limitation on claims

  • We have no liability to the extent that Our performance of the Contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which We are prevented from or delayed in performing any of Our obligations, is beyond Our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
  • We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.
  • Our liability for failure to comply with a consumer guarantee is limited to:
    • in the case of Goods supplied by Us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair); and
    • in the case of services supplied by Us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
  • Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
  • In all other respects, Our total liability for loss or damage of every kind, whether:
    • arising pursuant to the Terms; or
    • arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or Contract or in any other cause of action,is limited to an amount equivalent to the sum paid by you to Us for the Goods.
  • Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, We do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods or services supplied pursuant to these Terms.

10.                Warranty disclaimer

  • Manufacturer’s warranties are as advertised or advised on delivery.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
  • The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

11.                Intellectual property

Where applicable, the specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) is not property sold to you.

12.                Title and risk

Title in the Goods does not pass to you until payment has been received. Risk of loss or damage to the Goods passes to you upon dispatch of the Goods regardless that they are shipped with a third party.

13.                Entire agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Us.

14.                General Provisions

  • Any covenant or provision of these Terms being a whole clause or part of clause which is invalid, unlawful, void or unenforceable shall be capable of severance without affecting any other covenants or provisions of these Terms.
  • Headings shall not affect the construction of these Terms.

15.                Personal Property Securities Act 2009 (Cth) (PPSA)

  • The Customer acknowledges and agrees that these Terms and any invoice issued under these Terms constitutes a security agreement for the purposes of the PPSA.
  • Our interest in the Goods and all proceeds from the sale of the Goods by the Customer to a third party is a security interest.
  • You consent to Us registering our security interest on the Personal Property Securities Register and agree to provide all assistance reasonably required by Us to facilitate registration.
  • Until title in the Goods has passed to the Customer as contemplated by clause 12, you agree not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create a security interest over the Goods in favour of you or any third party. The parties agree that this clause will not prohibit you from selling the Goods in the ordinary course of its business.
  • The Customer waives its rights to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by the PPSA and cannot be excluded.
  • Expressions defined in the PPSA have the same meaning when used in these Terms.

16.                Law and jurisdiction

  • This agreement is governed by the law in force in Victoria, Australia.
  • The parties submit to the non-exclusive jurisdiction of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement.