Terms & Conditions

1. Interpretation
   In these Terms:
   "We", "Us", "Our", "Company" and "MBL" means Master Butchers Co-operative LTD of 203-215 Hanson Rd, Athol Park, S.A. 5012 ABN 58874245567 and its employees and authorised representatives.
   "You", "Your", "User", "Purchaser" and "Customer" means the User or Registered User of this Website or the entity or business or association or government body or corporation the User represents and/or the Purchaser of Goods from the Company.
   "Goods" means all goods sold and/or delivered by the Company to the Customer.
   "Order" means purchase order or transmitted intention to purchase Goods from the Company by the Customer
   "Terms" means these terms and conditions of use and sale.
   "Content" means images, text, graphics, brochures, advertisements, multimedia, logos and all other information contained in the Website.
   "Website" means www.mblsa.com.au. 
    
2. General
   By accessing this Website You agree that You understand and consent to these Terms and Conditions.
   1. These Terms apply to the use of this Website and to contracts of sale of Goods by the Company to the Customer generated via this Website or by another method of communication. These Terms are effective from 01/07/2014. MBL may amend these Terms at any time by publishing the amended Terms on our Website and the amended Terms shall be effective immediately from the time of publishing online. Your continued use of this Website will constitute Your acceptance of the amended Terms.
   2. No amendment, alteration, waiver or cancellation of any of these Terms is binding on MBL unless confirmed by a duly authorised representative of MBL in writing. No employee or agent of MBL has any right to make any representation, warranty or promise about the Goods or sale of the Goods other than what is set out in these Terms.
   3. These Terms and Conditions apply in conjunction with our General Terms and Conditions of Trade.
       
3. Intended Use
   1. MBL provides this Website for the convenience and enjoyment of Our Customers. The information, images and other Content contained in the Website is of a general nature and does not constitute accurate representation of the Goods nor does it constitute advice and should not be relied upon in making, or refraining from making any decision.
   2. Content including but not limited to text, images, multimedia and advertisements on this website are intended for personal use. If You wish to share or commercially use Our Website's Content it is a requirement under international law that You obtain prior written permission.
   3. Users warrant that they are either a person, or in the case of a business, government body, agency, association, entity or corporation, an authorised representative of the business, entity or corporation. It is a breach of these Terms and also a misrepresentation with potential civil and criminal legal consequences for a person or entity to register or access the Website as a User they are not authorised to represent.
   4. MBL reserves the right to contact the User at any time to confirm the validity of the User, or the validity of the authority of the person representing the User and also the currency and security of the passwords used. MBL also reserves the right to deactivate the account or deny access when these Terms and Conditions have been breached by the User or the Users representative.
       
4. How to Order
   By placing an Order online, in person or by phone, fax or email You are agreeing to purchase the nominated Goods from MBL under these Terms and You acknowledge that You are agreeing to pay for and accept receipt of the Goods, including all delivery costs incurred.
   1. Online orders can be placed at all hours, 7 days per week via the MBL Website.
   2. Other ordering methods:
      Our customer service operators are ready to take orders and enquiries from 8:00am - 5:00pm Australian Central Standard Time Monday to Friday or by:
      Telephone: 08 8417 6000
      Fax: 08 8417 6001
      Email: sales@mblsa.com.au
      In Our Showroom: 203-215 Hanson Rd Athol Park S.A. 5012 (8:30am to 5:00pm Monday to Friday).
      Please be aware that some of Our products are intended for manufacturing purposes only and misuse may pose a safety risk. By buying from Us You acknowledge that You have obtained Your own independent sufficient information about the use and suitability of the Goods for Your purposes and/or expected outcome.
       
5. Pricing
   1. All prices on Our website are quoted in Australian Dollars ($AUD) including GST where applicable, unless logged in as a Registered User. When logged in as a Registered User, prices on our website are quoted in Australian Dollars ($AUD) not including GST.
   2. Whilst all effort is made to keep pricing on this website up to date it is possible at times that pricing may be out of date or incorrect. As such prices on this website should only be considered as an "invitation to treat" rather than as an offer to provide these products at these prices. Your Order and payment of Goods will be deemed to be an offer, and acceptance of pricing happens when We accept the Order. The Website automatically sends You an order confirmation email. This email merely acknowledges that We have received Your Order but does not commit us to supply at the prices contained in the offer. Acceptance of Your offer will be communicated manually or by acceptance and clearance of payment.
   3. Prices for Goods are subject to change without notice. We reserve the right to alter agreed or advertised prices if a price is not current with market conditions or an incorrect price is caused by an error, software malfunction or malicious attack. 
       
6. The Order Process
   1. Once payment has been accepted, We will endeavour to process and dispatch Your Order within 2-3 business days.
   2. Where We accept an Order, We will do all that is possible to ensure Your Order is fulfilled on time. The availability of Goods may be subject to market conditions beyond Our control and where Goods are unavailable at the time of ordering a reasonable substitute may be offered. Should You not wish to receive a substitute product, You may confer this whilst placing the Order.
       
7. Payment
   1. For ordering online within Australia We accept VISA and Master Card and Bankcard. Secure payment transactions are processed in Australian Dollars ($AUD) using:
      Payment pages which comply with the Industry standard and use TSL 1.0 (SSL 3.0)
      a 128-bit SSL encryption.
      Secure SSL tunnel to connect to the payment gateway.
      A payment is considered complete when the funds have cleared.
   2. Other payment options accepted from within Australia (in Australian Dollars $AUD):
      Over the phone, Visa Bankcard and Mastercard,
      Direct Deposit (Electronic Funds Transfer) to our bank account,
      Cash, EFT, Visa Mastercard and Bankcard in person.
      A payment is considered complete when the funds have cleared.
   3. If payment is declined and the MBL team cannot get in contact with the person/s that placed the order, the order will be deleted after 1 week of inactivity.
       
8. Delivery
   1. MBL arranges delivery of Goods on Your behalf within Australia through Australia Post for standard parcels, whilst bulkier items, glass and liquids will be sent by courier or freight provider and quoted and charged as required. By ordering from Us You agree to incur all packing and freight costs associated with delivering Your Order unless contractually pre-arranged.
   2. All Orders will only be delivered to a residential or business address or post office box and require a signature upon receipt.
   3. We will endeavour to deliver Your Order within 2-7 business days depending on Your location. As MBL uses third party freight providers to make deliveries on our behalf, delivery times are not under Our direct control and We make no guarantees that delivery will occur at the advised or estimated delivery time. If you have a delivery query please contact Us on (08) 8417 6000 to obtain an ETA or tracking advice.
   4. If You have a business account, pick up of Goods from our Athol Park premises may be arranged on request within business hours, with a minimum of 3 trading hours' notice from placement and acknowledgement of receipt of Your Order required. Same day collection is available until 10:30am with 3 hours notice. If ordering after 10:30am, your order will be made available the following business day again with 3 trading hours' notice. Trading (open) hours for the MBL warehouse is 8:30am to 4:00pm Monday to Friday and the MBL showroom from 8:30am to 5:00pm Monday to Friday. When ordering, calculate pick up times using these trading hours. Please note, for large pick up orders, 24 hours processing time is required.
       
9. Inspection, Returns and Cancellations
   1. MBL is committed to ensure all Orders are dispatched accurately and Goods are of a high standard of merchantable quality, and as such has policies in place to maintain standards of best practice. If You have an issue with Your Order, such as incorrect, damaged or faulty goods please contact Us immediately on (08) 8417 6000 and We will strive to resolve your issue promptly.
   2. Unless the Customer has inspected the Goods and given verbal or written notice to MBL within a reasonable time of receipt of the Order that the Goods are faulty, damaged, do not comply with the advertised description or have been incorrectly supplied, the Goods are deemed to have been accepted in good order and condition.
   3. Goods to be returned require written pre-approval for the return from MBL and should be accompanied by a copy of the invoice or the invoice number and the name of the staff member who authorised the return. Incorrect Goods should be returned in a complete, undamaged condition with packaging unopened and intact. MBL will review the matter and take appropriate remedial action if required once the Goods are returned to us.
   4. If you wish to make a cancellation or amendment to Your Order, You can do so if your Order has not been assembled or dispatched. You must call or send us written notification that You wish to amend or cancel Your Order and if it is possible, We will then confirm your cancellation or amendment in writing. No cancellations or amendments can be accepted once the Order has been picked and assembled and/or dispatched.
   5. If a credit or refund is deemed by Us as required, MBL will either credit the Users credit card manually or provide a cash refund in person if the payment was made in cash and the original invoice is provided with the Goods, or credit a User's business account.
       
10. Goods in Transit and Insurance
    1. MBL recommends Customers take out transit cover for Goods being freighted, which can be included on request when placing Your Order. Unless otherwise deemed by law, We will only be responsible for loss or damage to the Goods whilst on our premises or in our direct control.
        
11. Limitation of Liability
    1. These Terms do not affect the rights, entitlements and remedies conferred by the Competition and Consumer Act 2010, or the Australian Consumer Law (ACL).
    2. You agree to indemnify and hold MBL and its employees and agents harmless from all liabilities, legal fees, losses, consequential losses, costs, damages and other expenses in relation to any claims, actions or any other liabilities arising out of Your use of this Website, or your breach of any of these Terms. To the maximum extent permissible by law, unless otherwise specified, MBL does not warrant, guarantee or make any representations and warranties of any kind, whether express, implied or statutory.
    3. MBL and the Website service provider expressly denies liability to any User in respect to the unavailability or inaccessibility of content and does not warrant the accuracy, adequacy or completeness of the material contained and expressly denies liability for mistakes, misleading or absent information, whether intentional or unintentional or caused by negligence of the Owner or Website service provider.
    4. To the maximum extent permissible by law, MBL will not be liable for any loss, claim, expense, damage or demand including direct or indirect, consequential, compensatory, exemplary or incidental damages, expenses or losses arising from but not limited to lost or misdirected orders, incorrect information, mistakes, unavailable or faulty goods, lost profits, lost registrations, lost goodwill, lost or stolen data or passwords however caused including from the use of this site or inability to use this site or any failure of performance, error, omission, defect, interruption, communication failure of any kind or any kind of technical sabotage or damage even if MBL or Our employees or Service Provider are advised of the likelihood or possibility or actuality of such damages, losses or expenses.
    5. MBL's liability (including but not limited to consequential loss or damage) because of any delay in supply or delivery or fault or defect in the Goods will be limited to the provisions set out in the applicable statutory law enforceable within South Australia. The customer acknowledges that MBL and its employees will not be held liable for any claim, damage, consequential loss or demand resulting from the Customers non-compliance with the intended or appropriate use of a product.
    6. By purchasing Goods from Us the Customer agrees that they have not relied upon, and the Company is not liable for any advice or information given by the Company, its employees, agents or representatives or information contained on its Website regarding the suitability of the Goods for any intended purpose, use or outcome.
    7. If any statutory requirement or Governing Law which the Contract of Sale between MBL and the Customer is subject to deems MBL to hold liability for remedy then, to the extent to which MBL is entitled to do so, MBL's liability under the statutory provisions is limited, at MBL's option to:
       1. Replace or repair the Goods or supply equivalent Goods; or
       2. Payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods.
           
12. 12. Warranty
    1. Goods supplied are covered by such warranties as provided by the Manufacturer subject to the conditions detailed by the Manufacturer's Warranty, should one exist.
        
13. Force Majeure
    1. MBL and its employees or agents will not be liable for any breach of supply or contract due to any matter or thing beyond MBL's control, including but not limited to transport stoppages or delays, transport breakdown, fire, flood, earthquake, act of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion, or accident.
        
14. Governing Law
    1. These Terms and Conditions are governed by the applicable statutory laws of South Australia and the Australian Federal Government. Any dispute arising between the User and the Company shall be subject to the courts of South Australia.
    2. If any of these terms are deemed invalid or unenforceable under the governing law (including but not limited to the Limitations of Liability outlined above), then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to be binding and enforceable.
        
15. Waiver of Breach
    1. No failure by the Company to insist on strict execution of any of these Terms is a waiver of any right or remedy available to the Company and is not a waiver of any subsequent breach or default by the Customer.
        
16. Contact Us
    We welcome you to contact Us on (08) 8417 6000 if you require any clarification on this statement or any other matter.

Copyright 2014 Master Butchers Co-Operative Ltd.