Terms & Conditions
1. Order and Supply
1.1 The Buyer acknowledges and agrees that the purchase of any Goods from the Seller is on these terms and conditions of sale (“Terms”).
1.2 The placing of an Order via by the Buyer constitutes acceptance of the Terms.
1.3 The supply of Goods is subject to availability. The Seller reserves the right to suspend or discontinue the supply of Goods to the Buyer. If the Seller is unable to supply all of the Goods quoted, the Terms continue to apply to any part of the quotation supplied.
2.1 Unless the Buyer has an approved credit account with the Seller, payment in full shall be made in cash prior to the delivery of each consignment of
Goods. The Seller is not obliged to deliver the relevant consignment of Goods unless and until payment in full has been made in cash.
2.2 Where the Buyer has an approved credit account with the Seller:
(a) the Buyer acknowledges having been provided with a copy of the Terms of Trading Agreement. To the extent of any inconsistency between the Terms of Trading Agreement and these terms, the Terms of Trading Agreement will prevail; and
(b) the Buyer must pay for the goods ordered by the Buyer within 30 days of the invoice date or earlier if the approved credit limit is exceeded.
2.3 If the Buyer does not make any payment by the due date, exceeds its credit limit at any time, commits any other material breach of the Terms or an
insolvency event in respect of the Buyer arises or is reasonably suspected by the Seller to arise, the Seller may (without limiting any other right or claim it may have against the Buyer) do any or all of the following:
(a) charge the Buyer interest calculated on a daily basis on any portion of the Buyer’s account that is overdue at the National Australia Bank Limited’s
reference rate for business loans plus 2% per annum calculated from the date the payment was due until the date payment is made;
(b) vary or withdraw any approved credit limit or terms of trade;
(c) cancel or suspend any unfilled orders or cease providing the Goods;
(d) terminate any contracts between the Seller and the Buyer and demand immediate payment of any moneys due and outstanding under those contracts;
(e) cancel any rebate, discount or allowance due or payable by the Seller as at the date of the event;
(f) enter at any time any premises in which the Seller’s goods (including any merchandising materials) are stored, to enable the Seller to inspect the goods and to reclaim possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the Buyer whatsoever;
(g) lodge a caveat or other similar instrument over any property of the Buyer; or (h) institute any recovery process as the Seller in its discretion decides at the Buyer’s cost and expense.
2.4 If any part of an invoice is in dispute, the balance will remain payable and must be paid when due. The Buyer has no right to set off any claim against the Seller for moneys owing to the Seller.
2.5 The Buyer charges to the Seller all of the Buyer’s rights, property and undertaking of whatever kind and wherever situated and whether present or future for the purpose of securing payment of all amounts that at any time and for any reason or circumstance and whether at law or otherwise and whether or not of a type within the contemplation of the parties at the date of this agreement, are payable, are owing but not currently payable, are contingently owing, or remain unpaid by the Buyer to the Seller. If the Buyer fails to pay any amount owing to the Seller by the date on which such payment is due, the Seller may appoint one or more receivers to the Buyer’s property and undertaking, and may do anything that a receiver could do under law.
ABN: 62 631 578 034