Terms and Conditions

Terms and Conditions of Sale

The placement of your order with Dishy Mounts Pty Limited (Dishy Mounts) for the items specified (the Goods) will constitute your acceptance of the following terms and conditions:

 Price

• All prices quoted or stated by Dishy Mounts are current prices and subject to change without notice.
• All goods are sold on the condition that you must pay all additional costs such as GST, stamp duty, fees, levies and charges of any nature whatsoever and transportation costs. GST will be charged on all Goods purchased
• Delivery
• All delivery times are estimates only and Dishy Mounts will not be liable for any loss or damage resulting from delays in delivery. Delays in delivery will not entitle you to cancel your order.
• Dishy Mounts is not responsible for any loss or damage to Goods in transit. 

Short delivery

• You may not reject the Goods for any shortage of Goods delivered. You waive any claim for any shortage of Goods delivered if a claim in writing has not been lodged with Dishy Mounts within 7 days from receipt of the Goods by you.

 

Exclusion of liability

• Dishy Mounts provides no warranty of any kind where the Goods are installed and/or used in conjunction with goods of a supplier other than Dishy Mounts and denies all liability for any damage whatsoever suffered by any person arising from such use.
• Where goods are manufactured by Dishy Mounts in accordance with specifications provided by you, you will indemnify Dishy Mounts against any claims made against it by any third party in respect of the Goods including, without limitation, any claims in respect of infringement of a patent, registered design, trademark or copyright.
• Dishy Mounts will not be liable for any loss, damage or injury (whether physical or financial) whatsoever including, without limitation, any loss, damage or injury arising out of negligent acts or omissions of Dishy Mounts or its agents and any consequential loss, damage or injury.
• You will indemnify Dishy Mounts against all losses and expenses which it may suffer or incur due to your failure to fully observe your obligations set out in these terms and conditions.
• Nothing contained in this clause 5 will be read or applied so as to purport to exclude, restrict or modify the application of the provisions of the Competition and Consumer Act 2010 or any relevant state or territory legislation which by law cannot be excluded, restricted or modified and, to the extent that any such statute permits Dishy Mounts to limit its liabilities in respect of any defect in the Goods due to either faulty material or workmanship, then Dishy Mounts liability is hereby limited to:
  • in the case of goods, the repair or replacement of the Goods or the supply of equivalent goods, or payment of the cost of repair or replacement of the Goods or the acquisition of equivalent goods;
  • in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

 

Return of goods

• Dishy Mounts will not be under any obligation to accept Goods returned by you and will do so only on terms to be agreed in writing in each individual case.
• Dishy Mounts will not accept the return of non-standard Goods or Goods made to your specifications. If replacement of Goods is sought on the basis that the Goods are damaged, such damage must be brought to Dishy Mounts attention immediately upon receipt of the Goods by you.

Storage

Dishy Mounts reserves the right to make a reasonable charge for storage if delivery instructions are not provided by you by the time required or the Goods are not collected by you by the agreed date.

 

Cancellation and Changes

No order may be cancelled except with the consent in writing and on the terms, which will indemnify Dishy Mounts against all losses. No changes to an order or these conditions will be made without the written agreement of Dishy Mounts.

 

Substitution

Unless agreed to the contrary in writing, Dishy Mounts reserves the right to supply goods with the same properties and capacities as the Goods in substitution for the Goods.

 

Waiver

No provision of these conditions and no breach of any provision will be deemed waived by reason of any previous waiver of any breach hereof.

 

Applicable law

This agreement is governed by the laws of the State of New South Wales and all disputes will be subject to the jurisdiction of the courts of New South Wales.