MrMulch – An Excel Equip pty. ltd. Group Business

Terms and Conditions of Trade

Effective 25th May 2026 | Australian Landscape Supplies

Important Notice: These Terms and Conditions constitute a legally binding agreement. MrMulch recommends that customers seek independent legal advice before entering into any transaction.

1. Definitions

- "We / Us / Our" means MrMulch (ABN 88 075 384 495) and its authorised representatives.

- "You / Your / Customer" means the person, company, or entity purchasing Goods.

- "Goods" means mulch, compost, soil conditioners, aggregates, sands, gravels, and any other landscape supply products.

- "Australian Standards" includes AS 4454 (Composts, Soil Conditioners and Mulches) and AS 4419 (Soils for Landscaping and Garden Use) where applicable.

2. Application of Terms

These Terms apply to all sales, quotations, deliveries, and transactions between MrMulch and the Customer. No other terms (including those on Your purchase orders) apply unless expressly accepted by Us in writing. Placement of an order constitutes acceptance of these Terms.

3. Orders and Quotations

- Quotations are valid for 30 days unless stated otherwise.

- All orders are subject to acceptance by MrMulch. We reserve the right to refuse any order.

- Natural products (mulch, compost, soil) may vary in colour, texture, and composition due to seasonal and sourcing factors. Minor variations do not constitute grounds for rejection.

4. Pricing and GST

- Prices are in Australian Dollars and exclusive of GST unless stated otherwise.

- Prices are subject to change without notice. The price payable is the price current at the date of dispatch.

- All handling, delivery, and surcharge fees will be clearly advised prior to order confirmation.

5. Payment Terms

- Cash / Card Sales: Full payment required prior to dispatch or collection.

- Credit Account Customers: Payment strictly within 30 days from invoice date (or as agreed in writing).

- We may charge interest on overdue accounts at 5% per month.

- You are liable for all debt recovery costs (including legal fees) incurred by Us.

6. Delivery

- Delivery times are estimates only. We are not liable for delays caused by weather, traffic, site access issues, or events beyond Our control.

- Risk in the Goods passes to You upon delivery to the nominated site or collection.

- Title remains with MrMulch until full payment is received.

- You must provide safe and clear access for delivery vehicles. Additional charges apply for waiting time, redelivery, or failed delivery due to Your fault.

- For bulk loose materials, quantity is determined by Our certified measurement (weight or volume). Trade measurement laws apply.

7. Quality, Description and Australian Standards

- Goods are supplied in accordance with applicable Australian Standards where certified.

- Natural variation is inherent. We guarantee products are free from major contamination at the point of supply but cannot warrant performance in all soil/climate conditions.

- You are responsible for ensuring Goods are suitable for Your intended purpose.

8. Returns, Cancellations and Refunds

- No returns on custom-mixed, bulk loose, or perishable Goods unless defective.

- Cancellations after dispatch incur full delivery and handling fees.

- Claims for short delivery or defects must be made within 48 hours of delivery with photographic evidence.

9. Liability and Warranties

- To the maximum extent permitted by Australian Consumer Law (ACL), Our liability is limited to:

- Replacement of defective Goods; or

- Refund of the purchase price.

- We are not liable for indirect, consequential, or economic loss (including loss of profit, crop failure, or landscaping project delays).

- Nothing in these Terms excludes or modifies non-excludable consumer guarantees under the ACL.

10. Safety and Site Conditions

- You are responsible for all on-site safety, including PPE, machinery operation, and compliance with Work Health & Safety laws.

- Heavy vehicle deliveries require stable, level access. We accept no liability for damage to Your property during delivery where access was approved by You.

11. Force Majeure

We are not liable for failure to perform due to events beyond Our reasonable control (including weather, strikes, supply shortages, or government restrictions).

12. Privacy

We collect and use Your personal information in accordance with Our Privacy Policy and the Privacy Act 1988 (Cth).

13. Governing Law

These Terms are governed by the laws of New South Wales. Both parties submit to the exclusive jurisdiction of the NSW courts.

14. Credit Accounts and Security

- Credit accounts are subject to approval and may require a credit application.

- You grant Us a security interest under the Personal Property Securities Act 2009 (PPSA) in all Goods supplied and proceeds.

Acceptance

By ordering from MrMulch, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions of Trade.

MrMulch

106 The Links Road, South Nowra NSW 2541

0456 969 636

mrmulch@mrmulch.shop

ABN: 88 075 384 495

Terms & Conditions