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Door Warranties and Liability
All doors sold by M&B are covered by the manufacturer warranty. Please refer to the manufacturer warranty including Corinthian Doors, Hume Doors, William Russell Doors, Woodworkers Doors.
Doors manufactured by M&B are covered by the M&B Timber Door Warranty.
M&B Timber Door Warranty
In addition to any rights and remedies that the customer may have under Australian Consumer Law, M&B warrant that if, within five (5) years from invoice date the product prove defective by reason of faulty workmanship or materials, M&B will repair or replace the goods without charge, at M&B’s option.
M&B will be under no liability to the customer for any loss, including but not limited to loss of profits, business, revenue, opportunity, goodwill, and indirect or consequential loss, or damage to persons or property or death or injury caused by products or by an act or omission by M&B or any other person in any way related to or arising out of the supply or non-supply or performance or non-performance of the products or services hereby sold.
Timber doors include, but not limited to, Pivot Doors, Bifold Doors, Hinged Doors, Joinery Doors, Stacker Doors, Veneered Doors, Plywood Skin Doors, Duracote Skin Doors.
The timber and veneers used in timber doors are a natural product that may have significant variations in colour and grain pattern. These are not considered defects.
All M&B timber doors are guaranteed under Australian Standards AS 2688-1984, AS 1909-1984 and to manufacturer specifications and warranties.
Twisting or cupping (bow) not exceeding 5mm on doors up to 2134x914mm or 6mm on doors over 2134x914mm and up to 2438x914mm shall not be considered a defect. Doors in excess of 2438mm high or 1219mm wide are not guaranteed against bow or twist.
Failure to comply with the following will void any M&B timber door warranty:
Timber doors must be installed and maintained in accordance with the “M&B Door Care & Maintenance” and “Entrance & External Door Protection Recommendations” sheets. Timber doors must be stored or hung in dry buildings, not in damp, moist or freshly plastered areas.
Timber doors must be installed into a weather protected area. (Timber doors are not suited to fully exposed areas.) Adequate overhead protection is required, prior to door installation. Refer to “Entrance & External Door Protection Recommendations” sheet.
After fitting and before hanging, the entire door including the top and bottom edges must receive two coats of undercoat and two coats of paint. If staining, exterior grade varnish or sealer must be used. Exterior finishes must be used on exterior doors. Doors exposed to direct sunlight must be finished with light reflective colours.
If hinging, timber doors must be hung on minimum of three (3) 100mm x 75mm hinges. Doors over 2340 high and 920 wide must be hung on minimum of four (4) 100mm x 75mm hinges.
Trimming of M&B manufactured timber doors must not exceed 5mm from top, bottom and each stile.
General Terms and Conditions
1.1 In these terms and conditions:
“Supplier” means M & B Sales Pty Ltd (ACN: 008 723 288);
“Customer” means the customer specified on the despatch notice;
“Goods” means those products and services to be supplied by the Supplier and specified on the despatch notice.
1.2 Nothing in these conditions shall be read or applied so as to exclude restrict or modify or have the effect of excluding restricting or modifying any condition warranty guarantee right or remedy implied by law (including the Trade Practises Act 1974 and the Fair Trading Act 1988) which by law cannot be excluded restricted or modified.
2. DELIVERY OF ORDERS
2.1 The delivery times made known to the Customer are estimates only and the Supplier will not be liable for late delivery or non-delivery or for any loss or delay resulting from or attributable to late or non-delivery.
3.1 The price quoted is subject to change. If any variable affecting the cost of providing or installing the Goods changes prior to the date of delivery of the goods the price will be adjusted accordingly.
4. PAYMENT OF ACCOUNTS
4.1 All accounts to be settled in full by the last working day of the following month in which the goods the subject of the account were delivered.
4.2 If the Customer defaults in payment of any monies due to the Supplier then all monies due to the Supplier will become due and payable immediately and must be paid by the Customer within 7 days of demand by the Supplier.
4.3 The Supplier is entitled to charge interest at the rate of 14% per annum on all overdue accounts from the due date for payment until the date of actual payment.
4.4 The Customer must pay any expenses costs or disbursements incurred by the Supplier in recovering any outstanding monies from the Customer including but not limited to debt collection agency fees and all Solicitor’s costs forthwith on demand by the Supplier.
5. PASSING OF TITLE
5.1 Title of the goods will not pass to the Customer until payment in full for the goods is received by the Supplier.
5.2 The customer must:
5.2.1 Store those goods which have not been paid for separately;
5.2.2 Keep separate records in relation to the proceeds of the sale of those goods which have not been paid and bank those proceeds of sale in a separate account and remit those funds to the credit of the Supplier; and
5.2.3 Record the value of any goods that are used in a manufacturing process or mixed with other materials to become a finished product and upon the sale of that finished product remit that amount from proceeds of the sale to the Supplier.
5.3 If the Customer does not pay for any goods on the due date the Customer irrevocably authorises the Supplier to enter the Customer’s premises (or any premises under the control of the Customer or any agent of the Customer) and use reasonable force to take possession of the goods without liability for trespass negligence or payment of any compensation to the Customer.
6.1 Risk in the goods passes to the Customer upon delivery of the goods to the Customer or collection of the goods by the Customer or its agent or courier.
7. LIMIT OF LIABILITY
7.1 The Supplier’s liability for goods manufactured by it is limited to making good any defects by repairing the same or at the Supplier’s option by replacement within a period not exceeding twelve (12) calendar months after the goods have been despatched from the Supplier’s warehouse provided that:
7.1.1 The defects have arisen solely from faulty materials or workmanship;
7.1.2 The goods have not been misused or received maltreatment inattention or interference;
7.1.3 Accessories of any kind used by the Customer are manufactured by or approved by the Supplier.
7.1.4 The seals of any kind on the goods remain unbroken; and
7.1.5 The defective parts are promptly returned free of cost to the Suppler.
7.2 If the goods are not manufactured by the Supplier the guarantee of the manufacturer must be accepted by the Customer and is the only guarantee given to the Customer in respect of the goods.
7.3 The Supplier is not liable for and the Customer releases the Supplier from any claims in respect of faulty or defective design of any goods supplied unless the design has been wholly prepared by the Supplier and the responsibility for any claim has been specifically accepted by the Supplier in writing and in any event the Supplier’s liability is strictly limited to the replacement of defective parts.
7.4 Except as provided herein all express and implied warranties guarantees and conditions under statute or general law as to merchantability description quality suitability or fitness of the goods for any purpose or as to design assembly installation materials or workmanship or otherwise are hereby expressly excluded and the Supplier will not be liable for physical or financial injury loss or damage or for consequential loss or damage of any kind arising out of the supply layout assembly installation or operation of the goods or arising out of the Supplier’s negligence or in any way whatsoever.
7.5 The Supplier’s liability for breach of a condition or warranty implied by Division 2 of Pt V of the Trade Practises Act 1974 (other than s.69) or by Pt III of the fair Trading Act 1988 (other than s.34) is hereby limited to:
7.5.1 In the case of the goods any one or more of the following:
18.104.22.168 The replacement of the goods or the supply of equivalent goods;
22.214.171.124 The repair of the goods;
126.96.36.199 The payment of the cost of replacing the goods or of acquiring equivalent goods;
188.8.131.52 The payment of the cost of having goods repaired; or
7.5.2 In the case of service;
184.108.40.206 The supplying of the services again; or
220.127.116.11 The payment of the cost of having the services supplied again.
7.6 The Supplier’s liability under s.74H of the Trade Practises Act 1974 is expressly limited to a liability to pay the Customer an amount equal to:
7.6.1 The cost of replacing the goods;
7.6.2 The cost of obtaining equivalent goods; or
7.6.3 The cost of having the goods repaired, whichever is the lowest amount.
8. INSPECTIONS AND RETURN
8.1 The Supplier is not under any obligation to accept goods returned by the Customer but may accept:
8.1.1 The return of goods with manufacturing faults; or
8.1.2 The return of stock items, if the customer provides the Supplier with proof of purchase of the goods, reports any damaged, faulty or incorrectly supplied goods within 4 days of receipt and the goods are returned to the Supplier within 30 days of receipts.
8.2 If the Supplier accepts the return of any goods it may charge a re-stocking fee and/or charge a collecting fee if it is required to collect them.
9.1 The contract for the sale of the goods is made in the State of Western Australia and the parties agree to submit all disputes arising between them to the Courts of that State.
9.2 The Customer may not assign the benefit of any contract with Supplier without the prior written consent of the Supplier.
9.3 The Supplier may amend these terms and conditions at any time and from time and those amendments will apply to the supply of all goods after the customer has been notified of them
10.1 Where the Customer orders the goods that order may not be countermanded withdrawn or varied except with the consent of the Supplier and on terms which are satisfactory in the absolute discretion of the Supplier.
11. PERSONAL PROPERTIES SECURITIES INTEREST
11.1 The Customer acknowledges and agrees that:
11.1.1 The Supplier has supplied certain goods to the Customer pursuant to this Agreement (“supplied goods”);
11.1.2 The Customer has no obligation to pay for the supplied goods pursuant to this agreement for a period of thirty (30) days (“term of credit”);
11.1.3 In order to secure the Supplier’s entitlement to be paid for the supplied goods at the expiration of the term of credit, the Supplier:
11.1.1 Will register a Purchase Money Security interest as defined, against the supplied goods and the proceeds of their sale; and
11.1.2 May register a personal property security interest as defined, in all or any of the customer’s present and after-acquired property as defined.
For the purposes of this clause:
(a) “register” means register on the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009 (“Register”); and
(b) “defined” means defined in the Personal Property Securities Act 2009.
The customer agrees to pay all reasonable expenses incurred in enforcing a security interest on the Register.
12.1 All goods remain the property of M & B Sales Pty Ltd until paid in full.
12.2 No returns will be accepted after 4 days.
12.3 All indent items (I) and modified stock items are non-stock and not returnable.
12.4 Doors greater than 2438mm high and or 1219mm wide are not guaranteed against warp, twist of bow.