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Terms of trade

1. Definitions

  1. “MAYO” shall mean Mayo Solutions, its successors, assigns, or any person genuinely acting as its authorised representative. 
  2. “CLIENT” shall mean the Client (or any person acting ostensibly on behalf of the Client as its authorised representative). 
  3. “PRICE” shall mean the price payable for the Services &/or Items as agreed between Mayo and the Client in accordance with clause 3 of this contract. 
  4. “SERVICES” shall mean all Services, Good or Items supplied by Mayo to the Client and also includes any advice or recommendations. 
  5. “PRICE” shall mean the price payable for the Services agreed between the parties in accordance with clause 3 of this contract. 

2. Acceptance

  1. The Client’s acceptance of Mayo’s fee and service quote shall constitute acceptance of the contractual terms and conditions contained herein, and an undertaking to pay the Price in full. 
  2. In the case of more than one Client having accepted a quote, the Clients shall be jointly and severally liable for all payments. 
  3. Upon the Client’s acceptance of these Terms, they may only be amended by Mayo in writing. 
  4. The Client shall give Mayo a minimum of ten business days prior written notice of any proposed change of:

    1. ownership of the Client, 
    2. the Client’s name, 
    3. the Client’s contact or other details or corporate structure. 
  5. The Client shall be liable for any loss Mayo incurs as a result of the Client’s breach of this sub-clause 2.4. 

3. Price and Payment

  1. Mayo reserves the right to change the Price in the event of a variation to the scope of the services Mayo is to provide to the Client. 
  2. At Mayo’s sole discretion:

    1. the Client will be liable to pay a 10% non-refundable deposit upon acceptance of the quote, such deposit remaining payable even if the Client purports to not cancel the Services following acceptance save as provided for in these terms.
    2. the Client may be liable for a full or part payment of the Price on or before delivery of the Services. 
    3. payment of the Price may be made by instalments in accordance with Mayo’s payment schedule. 
  3. Time for payment of the Price shall be of the essence, and shall be five business days from the date of invoice except as otherwise stated by Mayo at its absolute discretion. 
  4. Mayo will use its reasonable endeavours to source all Services ordered by the Client or quoted by Mayo. 
  5. The Client acknowledges that Mayo cannot, and does not, guarantee its ability to supply the Services. 
  6. Mayo will promptly communicate to the Client any inability to provide the agreed quantity of Services. 
  7. Mayo shall not be liable for any such shortfall. 

4. Delivery of Services

  1. Delivery costs are included in the Price. 
  2. At Mayo’s sole absolute discretion, delivery of the Services shall occur when:

    1. the Client takes possession of the Services at Mayo’s address, or 
    2. the Client takes possession (by accepting delivery) of the Services at its nominated address. 
  3. The Client shall make all arrangements necessary to accept delivery of the Services whenever they are tendered for delivery. If the Client cannot to take delivery of the Services as arranged then Mayo may charge a reasonable redelivery fee. 
  4. Delivery of the Services &/or Items to a third party nominated by the Client is deemed to be delivery to the Client. 
  5. A failure by Mayo to deliver does not constitute, nor entitle a party to, repudiation of the Contract. 
  6. Mayo shall not be liable for any loss or damage whatever due to failure by Mayo to deliver the Services promptly or at all. 
  7. Client must allow Mayo into property at reasonable times, with unrestricted access to the property in order to provide Delivery of Services Monday to Sunday between 7:00am – 5:30pm. 

5. Risk

  1. If Mayo retains ownership of the Services, all risk passes to the Client on delivery.
  2. The Client shall be liable for the costs of any damaged equipment if the damage occurred at an event organised by Mayo for the Client. 

6. Title

  1. Mayo and the Client agree that ownership of the Services &/or Items shall not pass until:

    1. the Client has paid Mayo all amounts owing for the particular Services; and
    2. the Client has met all other obligations due by the Client to Mayo in respect of all contracts between Mayo and the Client.
  2. Receipt by Mayo of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Mayo’s ownership or rights in respect of the Services &/or Items shall continue.
  3. It is further agreed that:

    1. until such time as ownership of the Services &/or Items shall pass from Mayo to the Client Mayo may give notice in writing to the Client to return the Services &/or Items or any of them to Mayo. Upon such notice the rights of the Client to obtain ownership or any other interest in the Services &/or Items shall cease.
    2. if the Client fails to return the Services &/or Items to Mayo then Mayo or Mayo’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Services &/or Items are situated and take possession of the Services.

7. Client’s Disclaimer

  1. The Client hereby disclaims any right to rescind, or cancel the contract with Mayo or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Mayo and the Client acknowledges that the Services &/or Items are bought relying solely upon the Client’s skill and judgment. 

8. Statutory Provisions

  1. Nothing in these terms shall have the effect of contracting out of any applicable provisions of the Australian Consumer Law, Building and Construction Industry Payments Act 2004 (Qld) or other relevant Commonwealth or State legislation. 

9. Default and Consequences of Default

  1. In the event of the Client being in default of payment, Mayo may claim from the Client, as a liquidated debt, its costs of recovery on an indemnity basis. 
  2. Without prejudice to any other remedies Mayo may have, if the Client is in breach of its obligations, Mayo may suspend or terminate the supply of Services to the Client. 
  3. Mayo will not be liable to the Client for any loss or damage the Client suffers because Mayo has exercised its rights under this clause. 
  4. If any account remains overdue after thirty (30) days then Mayo may charge a late fee of five percent (10.00%) of the overdue amount for each 7 days that the debt remains outstanding, subject to the provisions of Clause 11.1.3. 
  5. Without prejudice to Mayo’s other remedies, Mayo may terminate the parties’ contract with all amounts payable under the Contract to be payable immediately in the event that:

    1. in Mayo’s opinion the Client will be unable to meet its payments as they fall due, or; 
    2. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with its creditors, or makes an assignment for the benefit of its creditors, or 
    3. a director of either party loses capacity, 
    4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or its asset(s). 

10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

  1. The Client must inspect the Services on delivery. 
  2. Any written notice by the Client to Mayo of any evident damage, shortage in quantity, or failure to comply with the description or quote must be provided within 5 business days of delivery. 
  3. A failure by the Client to give notice within that timeframe shall constitute acceptance of the Services as being without defect. 
  4. The Client must notify any other alleged defect in the Services as soon as reasonably possible after any such defect becomes evident. 
  5. Upon such notification the Client must allow Mayo to inspect the defect. 
  6. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms (“Non-Excluded Guarantees”)
  7. Mayo acknowledges that these terms do not purport to modify or exclude the Non-Excluded Guarantees. 
  8. Except as expressly set out in these terms, Mayo makes no warranties or other representations herein including but not limited to the quality or suitability of the Services. 
  9. Mayo’s liability in respect of these warranties is limited to the fullest extent permitted by law. 
  10. If the Client is a consumer within the meaning of the CCA, Mayo’s liability is limited to the extent permitted by section 64A of Schedule 2. 
  11. If Mayo is required to replace the Services under this clause or the CCA, but is unable to do so, Mayo may refund any money the Client has paid for them. 
  12. If the Client is not a consumer within the meaning of the CCA, Mayo’s liability for any defect or damage in the Services is:

    1. limited to the value of any express warranty or warranty card provided to the Client by Mayo at Mayo’s sole discretion, 
    2. limited to any warranty to which Mayo is entitled, if Mayo did not manufacture the Services, 
    3. otherwise negated absolutely. 
  13. Subject to this clause 10, returns will only be accepted provided that:

    1. the Client has complied with the provisions of clause 10.1; and 
    2. Mayo has agreed that the Services are defective, and 
    3. the Services are returned within a reasonable time at the Client’s cost (if that cost is not significant); and 
    4. the Services are returned in as close a condition as possible to that in which they were delivered. 
  14. Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, Mayo shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

    1. the Client failing to properly maintain or store any Goods, 
    1. the Client using the Goods for any purpose other than for which they were designed; 
    2. the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user; 
    3. the Client failing to follow any instructions or guidelines provided by Mayo; 
    4. fair wear and tear, any accident, or act of God. 
  15. Mayo may in its absolute discretion accept non-defective Goods for return. 
  16. Notwithstanding anything contained in this Clause 10, if Mayo is required by a law to accept a return then it will only do so on the conditions imposed by that law. 

11. Security and Charge

  1. Despite anything to the contrary contained herein or any other rights which Mayo may have:

    1. where the Client or any Guarantor is the owner of land or any other asset capable of being charged, the Client and the Guarantor both agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Mayo or Mayo’s nominee to secure all amounts and other monetary obligations payable under these terms. 
    2. The Client and Guarantor acknowledge and agree that Mayo (or Mayo’s nominee) shall be entitled to lodge a caveat, which shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. 
    3. Should Mayo elect to proceed in any manner in accordance with this clause, the Client and Guarantor shall indemnify Mayo from and against all Mayo’s costs and disbursements including legal costs on a solicitor and own client basis. 
    4. The Client and any Guarantor agree to irrevocably nominate constitute and appoint Mayo or Mayo’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1. 

12. Cancellation

  1. Mayo may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before delivery by giving written notice to the Client. 
  2. On giving such notice Mayo shall repay to the Client any sums paid in respect of the Price. 
  3. Mayo shall not be liable for any loss or damage whatever arising from such cancellation. 
  4. In the event that the Client cancels delivery, the Client shall be liable for any loss incurred by Mayo (including, but not limited to, any loss of profits) up to the cancellation date. 

13. Privacy Act 1988

  1. The Client and/or the Guarantor/s agree for Mayo to obtain a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by Mayo. 
  2. The Client and/or the Guarantor/s agree that Mayo may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

    1. to assess an application by the Client; and/or 
    2. to notify other credit providers of a default by the Client; and/or 
    3. to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or 
    4. to assess the credit worthiness of Client and/or Guarantor/s. 
  3. The Client consents to Mayo being given a consumer credit report to collect overdue payment on commercial credit, pursuant to Section 18K(1)(h) Privacy Act 1988 (Cth). 
  4. The Client agrees that such personal credit information provided may be used and retained by Mayo for the following purposes and for other purposes as shall be agreed between the Client and Mayo or required by law from time to time:

    1. provision of the Services, 
    2. marketing of Services by Mayo or its agents or distributors in relation to the Services; 
    3. analysing or checking the Client’s credit status in relation to provision of Services, 
    4. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client, 
    5. enabling the daily operation of Client’s account or collection of outstanding payable amounts. 
  5. Mayo may give information about the Client to a credit reporting agency:

    1. to obtain a consumer credit report about the Client, or 
    2. to allow the credit reporting agency to create or maintain a credit information file containing information about the Client. 

14. General

  1. Severability- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 
  2. Jurisdiction- These terms and any contract to which they apply shall be governed by the laws of Queensland and the parties herein consent to that jurisdiction. 
  3. Limit of Liability- Mayo shall have no liability whatsoever to the Client for any indirect loss or expense (including, but not limited to, loss of profit) suffered by the Client relating in any way to a breach by Mayo of these terms and conditions. 
  4. In the event of Mayo’s breach of these terms, the Client’s remedies shall be limited to damages or the Price, whichever is the lesser. 
  5. The Client shall not be entitled to set off against or deduct from the Price any sums Mayo allegedly owes to the Client. 
  6. Mayo may license or sub-contract all or any part of its rights and obligations without the Client’s consent. 
  7. Mayo reserves the right to review these terms at any time. Any change will take effect from the date on which Mayo gives written notice to the Client of the change. 
  8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party. 
  9. A failure by Mayo to enforce any provision herein does not constitute a waiver of that provision, nor shall it affect Mayo’s right to subsequent enforcement. 
  10. Disputes: Any dispute between Mayo and the Client will be discussed between the parties in the spirit of goodwill. 

15. Warranty

  1. Warrantable items will be replaced or repaired at Mayo’s sole discretion, on advice where required from its supplier, after careful assessment of the fault’s cause. 
  2. On products not manufactured by Mayo, a warranty covers the product itself, and does not necessarily cover any labour or subsequent material costs needed or used to rectify a fault. 
  3. Parts-only may be supplied upon the Client’s return to Mayo of the defective part. 
  4. Mayo will not warranty products that have been in contact with Bromine (a corrosive) or where Bromine-usage has affected other parts. 
  5. Mayo is not liable to the Client for any expense the Client incurs in applying for a remedy, including, but not limited to, any phone calls, postage or legal costs. 
  6. Mayo will not cover any damage or failures caused by, but not limited to, third-party components, electrical faults, pests, animals, weather elements, harsh environments, abuse, neglect of care or tampering by another party. 
  7. Mayo is not liable for any claims for any damage or consequential loss incurred by any party as a result of the purchase or installation of a product Mayo has supplied or installed.