Terms and Conditions of Sale

Mandura Pty Limited

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.

1. Scope

All goods and services (“Products”) supplied by Mandura Pty Limited (“Mandura”) are supplied on these terms and conditions. 

2. Order acceptance

No order shall be binding on Mandura until accepted by Mandura. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Mandura of an order from the Customer. Mandura reserves the right to accept any order in whole or in part. Where Mandura makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Mandura.

3. Payment terms

All credit orders are accepted by Mandura subject to satisfactory credit approval of the Customer, and are governed by Mandura’s credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. Mandura will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer. Mandura reserves the right to charge Card Surcharges in the event payments are made using a credit, debit or charge card including Visa, MasterCard, American Express or Diners Club. 

4. Title to products

Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Mandura. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Mandura, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Mandura, to hold the proceeds of sale on trust for Mandura, in an account in the name of Mandura, until payment in full for the Products is made to Mandura.

5. Delivery

Mandura reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Mandura.

Mandura will use its best endeavours to deliver in-stock Products within the following timeframes, provided the relevant order is received by 5:00pm or your state’s standard cut off time.

For Office Products, Janitorial Products, Safety Supplies, Canteen Products, IT Products*

Delivery lead times for locally available in-stock products ordered before 5pm:

Next working day

Sydney Metropolitan (including Wollongong and Newcastle)

Melbourne Metropolitan

Brisbane Metropolitan

ACT

Adelaide Metropolitan

Darwin Metropolitan

Hobart Metropolitan

Launceston Metropolitan

Perth Metropolitan

Within 2-4 working days

Bunbury Region

Cairns Region

Gladstone Region

Mackay Region

Rockhampton Region

Townsville Region

Within 4-6 working days

New South Wales Country

Victoria Country

Northern Territory Country

Queensland Country

South Australia Country

Tasmania Country

Western Australia Country

Alice Springs

7+ Working days Remote Areas

6. Returns

Mandura will accept returns in accordance with the terms and conditions of its then current returns policy available here.

7. Marketing communications

When registering or transacting with Mandura, the Customer consents to Mandura using the Customer’s personal information, such as their email address or phone number for direct marketing purposes. The Customer may opt out of receiving these marketing communications by utilising the unsubscribe facility in the relevant communication or by emailing Mandura at mandura.marketing@mandura.com.au requesting to be unsubscribed from all or part of the communications.

Regardless of whether the Customer opts out of receiving direct marketing communications, by maintaining their account or transacting with Mandura, the Customer gives Mandura permission to send the Customer non-commercial administrative emails. These include, for example, messages relating to the Customer’s account, transactions or important information relating to products the Customer has purchased, such as recall notices.

8. Customer specific stock

Where Mandura has agreed to procure, warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Mandura may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Mandura against all claims, demands, loss, costs and expenses incurred by or made against Mandura, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Mandura may use, print or reproduce at the Customer’s request. 

9. Liability

To the fullest extent permitted by law, Mandura excludes all warranties and representations in respect of the supply to the Customer of the Products. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (“the CCA”) apply to any Products supplied by Mandura to the Customer, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Mandura under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of Mandura, to:

(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.

(b) If the breach or liability relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, Mandura shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Mandura or the failure of Mandura to comply with these terms and conditions.

10. Conflicts

These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Mandura will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Mandura reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when an order is placed via NetXpress.

11. GST

Mandura reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer. 

12. Jurisdiction

These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state. 

13. No waiver

The failure by Mandura to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power. 

14. Personal Properties Securities Act 2009

14.1 The Customer acknowledges and agrees that by assenting to these terms the Customer grants a security interest under the Personal Properties Securities Act 2009 (‘PPSA’) in favour of Mandura in all Products supplied by it to the Customer to secure the payment from time to time and at a time, including future advances. The Customer agrees to grant a ‘Purchase Money Security Interest’ (as defined by the PPSA) to Mandura.
14.2 The Customer undertakes to:
14.2.1 sign any documents and/or provide any information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which Mandura may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (‘PPSR’);
14.2.2 not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Products without the prior written consent of Mandura;
14.2.3 give Mandura not less than 14 days written notice of any proposed change in the Customer’s name and/or any other changes in the Customer’s contact details; and
14.2.4 pay all costs incurred by Mandura in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by these terms including executing subordination agreements and obtaining an order pursuant to section 182 of the PPSA.
14.3 To the extent permitted by the PPSA the Customer waives its rights to receive a notice under any of subsections 95(1), 121(4), 129(2) and 130(1) and sections 135 and 157 of the PPSA or a statement referred to in subsection 132(3)(d) and 132(4).
14.4 Pursuant to section 157 of the PPSA, unless otherwise agreed to in writing by Mandura, the Customer waives the right to receive the verification statement relating to the security interest.

15. Mandura Everyday Furniture Terms

These terms and conditions apply only to the Mandura Everyday Furniture Range.

15.1. Free delivery is available on all orders of furniture in the Mandura Furniture Fundamentals Range with delivery to metropolitan areas in Sydney, Melbourne, Brisbane, Adelaide, Sunshine Coast, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Hobart, Launceston, Canberra, Darwin and Perth. For deliveries outside these areas delivery charges may apply and will be advised at the time of purchase. Alternatively, please call 1800 4 MANDURA to speak to sales support about any delivery charges to your area.
15.2. Deliveries are only available to mainland Australia and Tasmania. Deliveries can only be made to the nominated address between 8:00am and 5:00pm, Monday to Friday on business days. Deliveries cannot be made to post office boxes.
15.3. Mandura Fast & Free Delivery is available on the Mandura Everyday Furniture Range to all areas in which free delivery is available. The intention of Mandura Fast & Free Delivery is to arrange delivery of furniture in the Mandura Everyday Furniture Range to customers in the free delivery areas within 5 business days of order completion. Delivery outside the free delivery area may still be within 5 business days although cannot be guaranteed. While every effort is made to ensure delivery within the expedited time, it cannot be guaranteed and delivery times may be affected by external factors out of the control of Mandura. Furniture assembly is available on selected products, within the delivery area. Please contact your Mandura Account Manager for further details.
15.4 Collection of furniture purchases from Mandura Everyday Furniture Range is available at Mandura retail stores and distribution centres by agreement. Delivery is free to any retail stores and distribution centres. Please call 1800 4 MANDURA to speak to sales support to arrange purchase of any furniture within the Mandura Everyday Furniture Range where collection is to be made at a Mandura retail store or distribution centre. Customers will be notified when any order is available for collection and identification requirements. Mandura Fast & Free Delivery is available for furniture purchases within the  Mandura Everyday Furniture Range where collection is to be from a Mandura retail store or distribution centre.
15.5 Need help assembling your furniture? Mandura can organise to have your products assembled within available delivery areas*. Simply add the assembly code (below) to your order**:

+18907954 Selected Visitor Chairs/ Cafe Chairs / Bar Stools ___$9 each
+18907955  Task Chairs/ Manager Chairs / Pedestals / Coffee Tables / Trolleys ___$29 each
+18907956 Desks / Meeting Tables/ Returns / Bookcases / Shelving / Hutches ___$39 each
+18907957 Workstations/ Cupboards/ Credenzas / Buffets / Pigeon Holes ___$59 each
Call us on 1800 4 MANDURA for more information.

*Metropolitan areas in Sydney, Melbourne, Brisbane, Adelaide, Sunshine Coast, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Hobart, Launceston, Canberra, Darwin and Perth.
**Additional fees may apply for more complex installations. These fees will be agreed between Mandura and the customer at the time the order request has been received.

 

16. Promotions

Savings expressed as a percentage are calculated off Recommended Retail Prices (RRP). Mandura reserves the right to withdraw or terminate a promotion at any time in its sole discretion. Products are available whilst stocks last. Products styles, brands, colours and sizes may vary. Not all products are available in all areas. No backorders or change of mind returns, exchanges, credit notes or refunds are available for Clearance Sale purchases. Promotions are not intended to contravene the policies and procedures of the Customer’s employer. The Customer is advised to seek approval from its employer in the event the Customer is unsure whether claiming any promotion from Mandura is permitted by the Customer’s organisation. For government departments, eligibility is subject to departmental guidelines.