Terms & Conditions

NON-DELIVERED AND DAMAGED ITEMS

(a) MSB requires that the customer is responsible for ensuring that all items in the delivery of the steel kit building are on site and have been unloaded from the truck at the time of delivery. (a) It is also the property owner’s responsibility to ensure that the materials are kept safe from any potential damage. (a) Upon delivery, you will receive a checklist of items. It is the purchaser’s responsibility to check these items off to ensure you have a complete delivery. (a) It is also the property owner’s responsibility to assess the items for any damage that may have occurred prior to being unloaded. Should any damage be found, you are to notify MSB immediately and follow a claims process to have the damaged items replaced. (a) It is the customer’s responsibility to advise Modern Steel Buildings in 10 days from the date of delivery in writing, accompanied by photos of any missing items or damaged items. Claims for non-delivered or damaged items after 10 days may not be approved and Modern Steel Buildings will not accept responsibility for the replacement of any items.

OWNERSHIP OF THE GOODS

(a). Ownership of the Goods does not pass to the Customer until all amounts due are paid to the Supplier.
(b) Unless payment for the Goods is made to the Supplier by the due date, the Supplier, or its agents or employees, may at any
time enter onto the site where the Goods are stored and remove the Goods.
(c) The Customer must indemnify the Supplier in respect of any claims, losses, costs or damages that the Supplier may incur as a result
of the Supplier taking action under clause 2(b).
(d) Until the Customer has paid for the Goods.
(i) The Customer must not use, sell, lease, dispose of, assign or encumber the Goods (by a mortgage, lien, charge or otherwise)
without the consent of the Supplier; and
(ii) The Customer must store the Goods separately in a readily identifiable state

 

GENERAL

(a) Minor variations in measurements from those shown in the order shall not give rise to any claim for damages or breach of the Agreement.
(b) To the extent permitted by law, the Supplier’s liability with respect to the supply of defective or faulty Goods is limited to the lowest of:
(i) The replacement or repair of the Goods; or
(ii) Payment of the costs of replacing the Goods or supplying equivalent Goods, in each case, at the Suppliers discretion. The
Supplier shall not be liable for any labour costs associated with such repair or replacement.
(c) The Customer warrants that he has carried out his own inquiries and investigations as to the adequacy or suitability of the Goods for the
The purpose for which the Customer intends to use the Goods and the Customer has not relied on the Supplier or the Supplier’s employees,
agents or distributors in determining the adequacy or suitability of the Goods for the Customer’s purposes.
(d) If the Customer defaults under any term of the Agreement or these Terms & Conditions, the Supplier may terminate the Agreement
and all sums of money payable by the Customer to the Supplier shall become immediately due and payable.
I hereby authorise the Supplier to commence immediate order, manufacture and delivery of the building detailed in this quote

DELIVERY

(a) The Customer will at his expense provide or cause to be provided full and clear access to the delivery site.
(b) Times for delivery are approximate and the Supplier can in no way be held responsible for variations to the proposed times.
(c) Where delivery is specified to be made to a site, any additional mechanical assistance required to unload the Goods (e.g. crane, etc)
must be paid for and organised by the Customer.
(d) The Customer is to immediately notify the Supplier in writing upon discovery of any defect or shortage in the Goods. The Customer
is deemed to have accepted the Goods and shall not have any claim in respect of defects or shortage unless the Supplier is notified
in writing within forty-eight (48) hours of delivery of the Goods.

PAYMENT

(a) The Customer shall pay the Supplier the amount(s) stated as per the payment schedule accompanying the order.
(b) The Supplier is not obliged to deliver any Goods unless the Customer has paid all amounts in full.
(c) The Customer must pay to the Supplier all debt collection costs, including any legal fees associated with the recovery or attempted recovery of any amount due to the Supplier under the Agreement.
(d) As the Goods for each building are made as required, any orders cancelled after order placement will not be refunded.
(e) The Supplier reserves the right to charge additional amounts for manufacturer price increases that occur after order placement and before the Customer takes receipt of the Goods.