Terms & Conditions of Sale

Terms & Conditions of Sale

Mega Metals Pty Ltd

1. Definitions & Application

In these Terms:

  • Mega Metals, we, us or Supplier means Mega Metals Pty Ltd (ABN 72 681 220 619).
  • Customer, Buyer or you means the person or business purchasing Goods.
  • Goods means products, materials and related services supplied by us.
  • ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

These Terms apply to every quotation, sales order, invoice and supply of Goods by Mega Metals.

By placing an order, paying a deposit or invoice, accepting delivery or collecting Goods, you agree to these Terms.

Any different customer terms apply only where accepted by Mega Metals in writing.

2. Quotations, Pricing & GST

  • Quotations are invitations to order and may be withdrawn before acceptance.
  • Unless otherwise stated, quotations remain valid for 14 days.
  • Prices may change before an order is accepted.
  • After acceptance, prices may only change where:
    • the Customer requests a variation;
    • supplied information is inaccurate; or
    • a disclosed third-party charge, tax, duty or freight cost changes.
  • Prices are in Australian Dollars (AUD) and include GST where applicable unless stated otherwise.
  • Freight, unloading, storage, permits, installation and additional services are extra unless included in writing.
  • Obvious pricing or calculation errors may be corrected. If the correction materially increases the price, the Customer may cancel any unfulfilled portion of the order.

3. Orders & Specifications

An order becomes binding when it is:

  • Accepted by us in writing;
  • Entered into our ordering system; or
  • Fulfilled.

Customers must carefully check:

  • Product codes
  • Quantities
  • Dimensions
  • Colours
  • Finishes
  • Handing
  • Accessories
  • Delivery details
  • Intended use

We may refuse or cancel an order before dispatch if:

  • Goods are unavailable;
  • A material pricing or description error exists;
  • Payment has not been received; or
  • Credit approval has been withdrawn.

Any payment for unfulfilled Goods will be refunded.

Product images, samples and colours are indicative only. Manufacturing and batch variations may occur. Where colour matching is critical, Customers should approve a current physical sample.

4. Payment & Credit Accounts

Payment is due before delivery or collection unless:

  • A credit account has been approved; or
  • We agree otherwise in writing.

For approved credit accounts:

  • Payment is due by the invoice due date.
  • We may suspend further supply while amounts remain overdue.

Where permitted by law:

  • Overdue amounts may incur interest at the Reserve Bank of Australia Cash Rate + 4% per annum, calculated daily.
  • Customers must reimburse reasonable debt recovery costs.

Payments may be allocated to outstanding invoices at our discretion.

Customers may not set off disputed amounts unless agreed in writing or required by law.

5. Delivery, Collection & Risk

Delivery dates are estimates unless expressly agreed otherwise.

Customers must provide:

  • Safe access
  • A person authorised to receive the Goods
  • Any labour or equipment required for unloading

Deliveries are made to physical street addresses only.

Risk passes to the Customer when:

  • Goods are delivered;
  • Goods are collected; or
  • Goods are loaded onto the Customer's vehicle or carrier.

Ownership remains with Mega Metals until payment is received in full (see Clause 13).

Where delivery or collection is delayed due to the Customer, reasonable storage or redelivery charges may apply.

We may make partial deliveries where reasonable.

6. Third-Party Freight & Transit Claims

Where the Customer appoints their own freight carrier, risk passes once Goods are handed to that carrier.

Customers should inspect Goods promptly and note any visible damage on delivery documentation.

Transit claims should be submitted as soon as reasonably possible (preferably within 2 business days) and include:

  • Invoice
  • Delivery record
  • Clear photographs

This timeframe assists investigation but does not affect rights under the Australian Consumer Law.

Where offered, transit insurance is subject to the insurer's terms.

7. Inspection, Shortages & Incorrect Supply

Customers should inspect Goods immediately after delivery or collection.

Claims for:

  • Shortages
  • Incorrect Goods
  • Visible damage

should be made within 24 hours, together with supporting information.

Late notification may affect our ability to investigate commercial claims but does not remove statutory rights.

8. Change of Mind Returns

Mega Metals is not required to accept change-of-mind returns.

Where approved, returns must:

  • Be requested within 24 hours
  • Be standard stocked items
  • Be unused
  • Be uninstalled
  • Be unmodified
  • Be in resaleable condition
  • Include proof of purchase

Approved returns:

  • Are at the Customer's expense
  • May incur a restocking fee of up to 30%

Change-of-mind returns are not available for:

  • Custom products
  • Made-to-order products
  • Cut materials
  • Fabricated items
  • Powder-coated products
  • Clearance items
  • Seconds
  • Special-order products

These conditions do not limit rights relating to faulty Goods.

9. Custom, Fabricated & Made-to-Order Goods

Customers must approve final specifications before production begins.

Once production or procurement has commenced:

  • Orders cannot be changed or cancelled without written approval.
  • Reasonable costs already incurred may be charged.

Custom products cannot be returned due to change of mind.

Customers must collect or accept delivery when notified.

Storage charges may apply where collection is delayed by more than 5 business days.

10. Consumer Guarantees

Goods and services supplied to consumers include guarantees under the Australian Consumer Law.

Depending on the circumstances, consumers may be entitled to:

  • Repair
  • Replacement
  • Refund
  • Cancellation
  • Compensation

Nothing in these Terms limits any rights that cannot legally be excluded.

11. Express Product Warranties

Any written Mega Metals Product Warranty:

  • Is additional to Australian Consumer Law rights.
  • Is governed by its own terms and conditions.

Warranty claims generally do not cover:

  • Ordinary wear and tear
  • Impact damage
  • Misuse
  • Incorrect installation
  • Unauthorised modifications
  • Inadequate maintenance
  • Chemical exposure
  • Corrosion caused by unsuitable environments

Customers should obtain written confirmation before installing products in coastal, poolside or corrosive environments.

12. Installation, Advice & Compliance

Unless installation is specifically included:

The Customer is responsible for:

  • Design
  • Measurements
  • Engineering
  • Permits
  • Site conditions
  • Installation
  • Compliance with applicable standards

General advice provided by Mega Metals is not engineering or certification advice.

13. Retention of Title (PPSA)

Ownership of Goods remains with Mega Metals until payment has been received in full.

The Customer grants Mega Metals a security interest under the Personal Property Securities Act 2009 (Cth).

Where payment remains outstanding, Mega Metals may require return of unpaid Goods in accordance with applicable law.

14. Liability

Nothing in these Terms excludes liability that cannot legally be excluded.

Where permitted by law, Mega Metals' liability is limited to one or more of the following:

  • Repair
  • Replacement
  • Supply of equivalent Goods
  • Payment of repair or replacement costs
  • Resupply of services

Mega Metals is not liable for indirect or consequential loss unless required by law.

15. Force Majeure

Neither party is liable for delays caused by events beyond reasonable control, including:

  • Natural disasters
  • Fire
  • Flood
  • Industrial action
  • Government action
  • Transport disruption
  • Utility failure
  • Supply chain interruptions

Payment obligations for Goods already supplied remain payable.

16. Privacy & Credit Information

Mega Metals may collect, use and disclose personal and commercial information to:

  • Process orders
  • Assess credit
  • Manage customer accounts
  • Deliver Goods
  • Recover debts
  • Prevent fraud
  • Comply with legal obligations

Further information is available in our Privacy Policy.

17. Suspension & Termination

We may suspend or terminate supply where the Customer:

  • Breaches these Terms;
  • Fails to pay overdue amounts;
  • Becomes insolvent; or
  • Presents an unacceptable credit or safety risk.

Customers remain responsible for payment of Goods already supplied.

18. General

  • Waivers must be in writing.
  • Invalid provisions will be read down or removed without affecting the remainder of these Terms.
  • Mega Metals may update these Terms for future orders.
  • Electronic communications and signatures are accepted where legally permitted.

19. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

Nothing limits any mandatory rights available under Australian law.

20. Contact & Claims

For notices, return requests or warranty claims, please contact:

Email: sales@megametals.com.au

Or visit either Mega Metals location.

Please include:

  • Customer name
  • Invoice or sales order number
  • Product details
  • Description of the issue
  • Photographs (where applicable)
  • Requested remedy