1. About these terms. These terms apply to all sales of goods by Mountain Timbers H Hardware Pty Ltd ("we", "us", "Mountain Timbers") to you ("you", "the Customer"). By placing an order, requesting a quote or otherwise dealing with us you agree to these terms. We may update them from time to time; the version published on the date of your order applies to that order.
2. Quotes and pricing
2.1 Quotes are valid for 14 days unless stated otherwise. All prices are quoted in Australian Dollars and include 10% GST unless expressly marked "ex GST".
2.2 Prices may change without notice prior to acceptance of a quote, particularly where timber market prices move materially. We will notify you and seek your acceptance before processing the order.
2.3 Delivery, crane hire and disposal charges are additional and quoted separately based on your delivery address, access and the vehicle required.
3. Orders and acceptance
3.1 An order is not accepted by us until we issue an order confirmation or take payment.
3.2 We may reject any order for any reason, including stock availability, payment risk, or unworkable delivery conditions.
3.3 Special order, custom milled and bulk items may be subject to a non-refundable deposit.
4. Payment
4.1 Cash sales must be paid in full before goods leave the yard. Online card payment is processed securely through Stripe.
4.2 Trade account customers must pay strictly in accordance with their account terms (typically EOM + 30 days). Overdue amounts attract interest at 2% per month and may incur recovery costs payable by the Customer.
4.3 We may cancel or withhold further supply to any customer with an overdue balance.
5. Title and risk
5.1 Risk in the goods passes to the Customer on delivery or pickup, whichever occurs first.
5.2 Title in the goods remains with Mountain Timbers until payment is received in full in cleared funds. We reserve a Purchase Money Security Interest (PMSI) under the PPSA in all goods supplied on credit and may register that interest on the PPSR.
5.3 Until title passes, the Customer holds the goods as bailee and must keep them separately identifiable and insured.
6. Delivery
6.1 Delivery times are estimates only and we are not liable for delays caused by weather, traffic, mechanical failure or events beyond our reasonable control.
6.2 You must provide safe, lawful and reasonable site access. Where the delivery driver determines unloading is unsafe (overhead hazards, soft ground, restricted access), goods may be unloaded at the nearest safe point or returned to the yard at the Customer's cost.
6.3 Crane truck deliveries require a suitable setup area. Additional charges apply where the crane is delayed on site beyond the included unload window.
6.4 The Customer is responsible for inspecting goods on delivery and noting any shortages or visible damage on the delivery docket. Claims must be reported within 24 hours.
7. Timber — natural variation
Timber is a natural product. Colour, grain, knot frequency, moisture content and minor surface checking vary between boards within any species and grade. These variations are not defects. We supply timber to AS/NZS standards for grade and species; minor variation within tolerance is normal and accepted by the Customer. Photographs on this website are representative only.
8. Returns and refunds
8.1 We comply fully with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). You have guarantees that cannot be excluded — including that goods are of acceptable quality and fit for any disclosed purpose. Where those guarantees are not met, you are entitled to a remedy.
8.2 Subject to law, change-of-mind returns are accepted within 14 days for unused, unmilled, full-length stock items in original condition, with proof of purchase. A 15% restocking fee applies and delivery charges are not refundable.
8.3 Custom milled, cut to length, special order, treated and stained goods are not returnable for change of mind.
8.4 Faulty goods will be repaired, replaced or refunded at our option in accordance with the ACL.
9. Warranties and exclusions
9.1 Other than the consumer guarantees that cannot be excluded under the ACL, we make no warranties express or implied as to the performance, fitness or durability of any goods.
9.2 To the maximum extent permitted by law, our liability for any breach of a non-excludable consumer guarantee is limited, at our option, to: replacing the goods; repairing the goods; supplying equivalent goods; or paying the cost of replacement.
9.3 We are not liable for any indirect, consequential, economic or special loss including loss of profit, loss of contract or loss of business.
10. Indemnity
The Customer indemnifies Mountain Timbers against all loss, damage and claims arising from the Customer's misuse, incorrect installation or onward sale of the goods.
11. Force majeure
Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including natural disaster, pandemic, supply shortage, industrial action or government direction.
12. Privacy
We handle personal information in accordance with our Privacy Policy.
13. Governing law
These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
14. Severability and entire agreement
If any clause is held unenforceable, it is severed and the remainder continues in force. These terms (together with any signed credit application and your order) form the entire agreement between the parties.
15. Contact
Mountain Timbers H Hardware Pty Ltd
412/418 Liverpool Rd, Kilsyth VIC 3137
(03) 9762 3899 · sales@mountaintimbers.com.au