1. Agreement to these Terms
These Terms of Service (“Terms”) govern your access to and use of the website msdenterpriseausau.space, and the supply of business services and business supplies by MSD Enterprise Aus Pty Ltd (“we”, “us”, “our”) to you (“you”, “your”).
By browsing this website, submitting an enquiry or quote request, placing an order, or accepting a supply of goods or services from us, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of the website and do not engage our services.
Where a written supply agreement, purchase order or signed proposal exists between us, that document prevails over these Terms to the extent of any inconsistency.
2. Who We Are
MSD Enterprise Aus Pty Ltd is an Australian company providing business services and business supplies to organisations of all sizes, from sole traders to established enterprises. We are based in Melbourne VIC, Australia, and we service clients across metropolitan Melbourne and surrounding regions.
We hold an Australian Business Number (ABN), and our registration details are recorded with the Australian Business Register. Our company name, MSD Enterprise Aus Pty Ltd, is the trading name used throughout this website and in all correspondence.
All enquiries regarding these Terms should be directed to ceo@msdenterpriseausau.space.
3. Quotes, Orders and Acceptance
Any quotation provided by us is an invitation to treat, not a binding offer. Unless otherwise stated in writing:
- Quotations are valid for thirty (30) days from the date of issue;
- Prices are based on the scope, quantities and specifications outlined in the quotation;
- An order is accepted, and a binding contract formed, only when we confirm it in writing (including by email);
- We reserve the right to decline any order, or to adjust quantities, where stock availability, supplier pricing or other circumstances change.
You are responsible for ensuring that order details, delivery addresses and specifications you provide are accurate and complete. Additional charges may apply where incorrect information requires rework, re-delivery or change.
4. Pricing, Invoicing and Payment
All prices are quoted and invoiced in Australian dollars (AUD). Unless expressly stated otherwise, quoted prices are exclusive of goods and services tax (GST), freight and any third-party charges, which will be itemised separately where applicable.
Invoices are payable within fourteen (14) days of the invoice date unless a different term is agreed in writing. We may:
- Require a deposit or payment in advance for certain goods, custom orders or services;
- Charge reasonable administration costs or interest on overdue amounts, as set out in your invoice or supply agreement;
- Suspend further supply while an account remains overdue.
Payment must be made by the methods stated on the invoice. You must not set off or withhold payment except as required by law.
5. Supply, Delivery and Risk
Delivery and service timeframes provided by us are estimates only and are not guarantees, although we will always work to supply within a reasonable time. Deliveries are made to the address nominated in your order during normal business hours unless otherwise arranged.
Risk in goods passes to you upon delivery to the nominated address or on collection by you or your agent. Legal and equitable title in goods supplied remains with us until we have received payment in full for those goods and any other amounts outstanding on your account.
Please inspect goods promptly on receipt. You must notify us of any shortage, damage or defect within seven (7) days of delivery so that we can investigate and resolve the issue.
6. Your Consumer Guarantees Under Australian Law
Nothing in these Terms excludes, restricts or modifies any right, remedy or guarantee that cannot lawfully be excluded, including the consumer guarantees set out in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
Goods and services we supply come with guarantees that cannot be excluded under Australian law. These include guarantees that goods are of acceptable quality and match their description, and that services are carried out with due care and skill, are fit for purpose, and are supplied within a reasonable time.
If goods or services we supply fail to meet an applicable consumer guarantee, you may be entitled to a remedy such as repair, replacement, resupply, refund or compensation, depending on the nature of the failure and your circumstances, as set out in the Australian Consumer Law. Our goods may also come with manufacturer warranties in addition to your consumer guarantee rights.
7. Liability
To the fullest extent permitted by law, and except where the Australian Consumer Law applies otherwise:
- Our liability for any claim relating to goods or services supplied is limited, at our option, to resupply of the goods or services, or payment of the cost of resupplying them;
- We are not liable for indirect, incidental or consequential loss, including loss of profits, revenue, data or business opportunity;
- We are not liable for delays or failures in supply caused by events beyond our reasonable control.
This clause does not limit any liability that cannot be excluded or limited under Australian law, including liability for consumer guarantees under the Australian Consumer Law.
8. Cancellations, Changes and Returns
Cancellation or variation requests must be made in writing. Where an order has already been prepared, dispatched or commissioned, reasonable costs incurred up to that point may be payable.
Custom-made, special-order or personalised supplies may not be returnable for change of mind, consistent with the Australian Consumer Law. You remain entitled to return goods that fail to meet a consumer guarantee, or to seek a remedy for services that were not carried out with due care and skill. Return postage or handling arrangements will be advised case by case, and we will always meet our obligations under Australian consumer law.
9. Intellectual Property
All content on this website, including text, layout, graphics and the MSD Enterprise Aus branding, is owned by or licensed to us and is protected by Australian and international intellectual property laws. You may view, download and print material from this website for your own legitimate business purposes only. You must not reproduce, republish or exploit website content commercially without our prior written consent.
Third-party product names, brands and trademarks appearing on this website remain the property of their respective owners, and their appearance does not imply any endorsement or partnership unless stated.
10. Acceptable Use of This Website
When using this website, you agree not to:
- Use the website for any unlawful, fraudulent or misleading purpose;
- Attempt to gain unauthorised access to the website, its servers or related systems;
- Scrape, harvest or systematically extract content or contact details;
- Introduce malicious code, or interfere with the operation of the website;
- Submit false, abusive or defamatory material through our forms or email channels.
We may suspend or restrict access to the website where we reasonably believe these requirements have been breached.
11. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Details of the information we collect, how we use it, and how you can request access or correction are set out in our Privacy Policy.
12. Third-Party Products, Links and Content
Our website and catalogues may reference third-party products, suppliers and websites. Links are provided for convenience only, and we do not control, endorse or accept responsibility for third-party content, availability or practices. Any dealings you have with third parties are solely between you and that third party.
13. Suspension and Termination
We may suspend supply of goods or services, or terminate an arrangement, if you fail to pay an amount when due, breach these Terms, or where continuing supply would be unlawful or impractical. You may cease using the website at any time, and may terminate an engagement in accordance with clause 8 or any applicable supply agreement.
On termination, amounts owing for goods supplied or services performed up to the termination date remain payable, and clauses that by their nature should continue (including intellectual property, liability and governing law) survive.
14. Events Beyond Our Reasonable Control
We are not liable for delay or failure to perform our obligations where caused by events beyond our reasonable control, including natural disasters, industrial action, utility or network failures, supplier shortages, transport disruptions, pandemics or acts of government. Where such an event occurs, we will notify you and take reasonable steps to minimise the impact on your order.
15. General Provisions and Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
- If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force;
- Our failure to enforce a right is not a waiver of that right;
- You must not assign your rights under these Terms without our written consent;
- These Terms, together with any agreed quotation or supply agreement, form the entire understanding between the parties regarding supply.
16. Changes to These Terms
We may update these Terms from time to time to reflect changes in our operations, suppliers or legal obligations. The current version is always published on this page with a revised “last updated” date. Significant changes affecting current orders will be communicated to affected clients directly. Continued use of the website or ongoing supply after an update constitutes acceptance of the revised Terms.
17. Contact About These Terms
If you have questions about these Terms, wish to discuss an invoice, or need a copy of our company registration details, please contact us:
- Email: ceo@msdenterpriseausau.space
- Location: Melbourne VIC, Australia
- Business hours: Monday to Friday, 9:00 am – 5:00 pm AEST
We aim to respond to written enquiries within two business days.