Terms & Conditions

Terms & Conditions for Wholesale Supply of Goods

Key Terms

This Agreement is between the supplier (referred to as we, our or us) and the customer (referred to as you or your) and consists of these Key Terms and the General Conditions.

Payment terms 30 days End of month

Period for returning obviously defective goods 21 days

Jurisdiction and governing law

General Conditions

1.      Effect of this Agreement

The Agreement applies in relation to any goods we sell you even if it is not signed and it overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).

2.      Quotations

Prices and other details in any quotation, pro forma invoice or other document that we provide are only valid for 15 days or such other limited time period as stated in the document.

3.      Orders

You acknowledge that once you place an order with us, we may order or arrange manufacture of goods especially for you and we may not permit you to vary or cancel the order unless you compensate us for the losses we incur or we otherwise consent.

4.      Price and price increases

We will notify you of the price for the goods when you place your order. We may increase the price if there is an increase in our costs between the date of an order and the date the goods are ready for delivery. If this occurs, you may cancel the order but we will not be liable for any losses you incur in connection with the cancellation.

5.      Delivery

We will use reasonable endeavours to deliver the goods to the delivery point and on the date requested in your order. However, we will not be liable for any losses you suffer as a result of a delay or failure to deliver the goods.

6.      Risk in the goods

Risk in the goods will pass to you when you take possession of them.

7.      Return of obviously defective goods

You must inspect the goods on delivery and may return them as defective if they:

• are not of acceptable quality, or

• do not conform to an agreed specification.

The period for returning obviously defective goods is set out in the Key Terms. If you fail to return the goods (or notify us of any shortfall in the quantity delivered) within this period, you must pay for them in full despite any shortfall or defects (other than non-obvious or latent defects that you could not be reasonably expected to have identified within the time period).

We will cover the charges for returning the goods if we accept that they are defective.

8.      Payment terms

You must pay us for the goods on the payment terms in the Key Terms. However, if we consider (in our absolute discretion) that your creditworthiness is unsatisfactory or the amount would exceed our credit limit, we may require you to pay for the goods on or before delivery.

9.      Title and our security interest

Although you will assume the risk in the goods when you take possession, until you pay for them:

• we will retain ownership and title;

• you hold them on our behalf as fiduciary Bailee; and

• if we request, you must return them or permit us to retake possession of them and we will not be any liable for any loss you suffer as a result.

However, you may dispose of the goods in the ordinary course of business on the basis that you will be taken to hold the proceeds of sale or trade on trust for us until you pay for them.