Terms and Conditions
1. Change of Terms and Conditions
MyPlace may change its Terms and Conditions at any time without prior notice. The version posted on our website constitutes the current Terms & Conditions.
2. Prices, GST and Discounts
The prices shown in our current price list or catalogue are subject to change without prior notice. Prices are exclusive of GST unless otherwise indicated. All items in our catalogue will attract GST where applicable.
3. Placing Orders
Orders must specify an order number or reference, the date the order was placed, the components or services ordered, and the preferred delivery date (“Delivery Date”). While MyPlace will make every effort to hold sufficient quantity of all components/services in stock, we cannot guarantee availability at all times.
Where MyPlace is unable to fulfil an order, we will notify the client and offer alternative arrangements. If the client is not satisfied with the proposed arrangement, they may cancel the order. MyPlace may change the specifications of components/services without notice.
4. Reservation of Right to Decline any Order
MyPlace may decline any order received from the client within five (5) business days of the order being received by MyPlace.
5. Delivery
MyPlace shall deliver each order to the site as specified by the client by the Delivery Date between the hours of 7.00 am and 5.00 pm on Monday to Friday. MyPlace is not liable for late delivery or failure to supply components/services for reasons beyond its control. A delivery fee will be charged by MyPlace and is payable by the client unless otherwise agreed.
6. Risk
Risk in respect of the order and components/services passes from MyPlace to the client once the order is delivered to the site chosen by the client (or another location nominated by the client), whether or not the client or their agent acknowledges receipt.
7. Storage (if applicable)
Where MyPlace stores or delivers units/components to or from site, such units remain the property of the client. MyPlace, while providing due care in handling and storage, accepts no responsibility or liability for any damage or loss while in storage or transit.
8. Payment
8.1 Unless MyPlace has agreed in writing to extend credit to the Customer, the Customer must pay the relevant amount in full on delivery of goods and/or services.
8.2 Where MyPlace has agreed in writing to extend credit, payment for goods/services delivered by MyPlace is due within seven (7) days of the invoice date.
8.3 The Customer is not entitled to make any deduction from amounts owing to MyPlace in respect of any set-off or counterclaim or retention.
9. Payment Default
If the Customer defaults in payment by the due date of any amount payable to MyPlace, then all money which would become payable by the Customer to MyPlace at a later date on any account becomes immediately due and payable without the requirement of any further notice to the Customer.
10. Passing of Title
10.1 Ownership of the components and/or goods sold by MyPlace remains with MyPlace until:
MyPlace receives payment in full for the order; or
The components/goods in the order are sold by the client in the normal course of their business; or
The components/goods are mixed with other goods in the normal course of installation/service.
10.2 If the client does not pay any amount within forty-five (45) days from the end of the month of purchase, or otherwise indicates inability to make payment, MyPlace is irrevocably authorised by the client to enter the client’s premises (or site where components/goods are held) and repossess the components/goods without liability for trespass, negligence or any compensation.
11. Return of Components/Goods
Goods/components returned for credit will only be accepted by MyPlace if, in our opinion, they are in their original condition. Non-standard or specially ordered items cannot be returned. MyPlace will charge a handling fee of 25% of the purchase price of the components/goods for credit. The client must notify MyPlace within 24 hours of delivery that they wish to return goods/components.
12. Supply to Other Persons
The client agrees that MyPlace is entitled to supply goods/components/services to any other person or firm.
13. Warranty
Goods/components subject to a warranty claim shall be replaced by MyPlace as per our warranty policy (available on request). All other conditions, warranties and liabilities are otherwise excluded to the fullest extent permitted by law.
14. Interest
If the client has not paid for goods/services within thirty (30) days from the end of the month that the order was placed, MyPlace may at its discretion charge interest on outstanding monies at the rate of 21% per annum.
15. Performance (Force Majeure)
If by reason of anything beyond its control MyPlace cannot perform the whole or part of its obligations under these Terms & Conditions, MyPlace shall be relieved of those obligations to the extent and for the period it is unable to perform and shall not be liable to the client for resulting loss.
16. Severance
If any provision of these Terms & Conditions (or the application thereof) is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
17. Waiver
Any indulgence granted by MyPlace (for example, allowing the client extra time to pay) shall not operate as a waiver of MyPlace’s rights, and MyPlace may still elect to pursue its rights in full at its discretion.
18. Legal Enforcement of MyPlace’s Rights
Nothing in these Terms & Conditions shall compel MyPlace to pursue any or all of the directors of a company, or partners in a partnership, in respect of any outstanding debt owed to MyPlace. MyPlace may elect to enforce its rights against any individual director who shall then be obliged to look to his fellow directors or partners for contribution.
19. Default by a Company
In the event of a default by a company in meeting its obligations to MyPlace in a timely manner, MyPlace has the right to pursue any director in his/her personal capacity or enforce any security held by MyPlace without first having to pursue the company or any fellow guarantors or directors.
20. Debt Collection Costs
Any costs or legal fees incurred by MyPlace in relation to retrieving overdue amounts, including debt collection and legal enforcement costs, shall become payable by the client.
21. Ongoing Disclosure
If the directors of the client company, or the debtor in their personal capacity, have any reason to suspect that the future operations of the company or debtor’s financial position may deteriorate (for example: involvement in a contractual dispute, enforcement action by a creditor or statutory authority, withdrawal of bank support) then the client must inform MyPlace immediately of such circumstances.