Terms and Conditions of Sale

• The supply of all Goods by the Supplier shall be subject to these Terms and Conditions whether in the past, present or in the future. These Terms and Conditions shall prevail over any other terms and conditions including those implied by Statute to the extent permissible by Law and may be changed by the Supplier in respect of future business by notice in writing.
• Prices are subject to change without notification.
• Claims in respect of faulty or damaged Goods or deficient packaging or labelling, will not be recognized unless made in writing to the Supplier within 10 working days of receipt of goods.
• Claims in respect of delivery shortfalls will not be recognised unless made to the Supplier in writing within 5 working days of receipt of goods and subsequently approved by the Supplier. In every case the original invoice number and date must be quoted.
• Return of goods will not be accepted unless there are extenuating circumstances and prior authorisation has been given to the Customer by the Supplier. All goods returned for credit shall be packed in their original containers Pricing labels must be removed or a 15% administration charge will be deducted from the credit. The supplier will not accept returned goods that are soiled or damaged, including damage caused by the removal of labels.
• Payment for the Goods shall be made proforma (payment prior to dispatch) unless an application for credit pursuant to the terms of trade has been made by the customer and approved by the Supplier.
• Trading Account customers must settle their accounts within the time-period specified in the trading terms. The Supplier reserves the right to withdraw supply and credit at any time for any reason whatsoever.
• These terms shall at all times be governed by the Laws and Courts of the State of Western Australia and the supplier and customer hereby irrevocably submit to the jurisdiction of the courts of the state of Western Australia and all courts of appeal therefrom.
• Ownership of the Goods shall not pass until the Customer has paid all monies due for the Goods and all other outstanding debts to the Supplier. The risk of the Goods shall run with the Customer who shall insure from the time of store/freight carrier delivery and the interest of the Supplier noted on the policy. Until payment in full is made, the Customer shall hold the Goods as fiduciary on behalf of the Supplier. The Customer shall store the Goods separately so as to be readily identifiable as the Goods and property of the Supplier. The Customer shall have the authority to on-sell the Goods to third parties in the ordinary course of its business and the Supplier constitutes the Customer as its agent solely for this purpose. Any failure to do the above shall not vitiate the Supplier's retention of ownership unless the Supplier has agreed in writing to any departure from these provisions.
• The Customer acknowledges and agrees that the Supplier or any proper agent or representative thereof is empowered to enter onto any premises of the Customer or of any other person where the Goods are stored in the event of any default in payment or in the event of the appointment of a mortgagee, agent, trustee, receiver, administrator or liquidator to the Customer or to all or any of its assets in order that the Supplier may be able to re-take possession of the Goods and/or the proceeds of any sale thereof and in so doing, the Supplier or its proper agents or representatives shall not be guilty of any trespass and shall have a licence to enter any such premises for these purposes.
• The Customer will be liable to pay any legal costs or debt collection charges incurred by the Supplier, in collecting outstanding accounts whether for collection of monies due or for recovery of goods supplied.
• Access to Consumer Credit Information for a Commercial Credit Application (Section 18k(1)(b) Privacy Act 1988). As part of its normal credit assessment procedures, the customer consents to the supplier obtaining a credit report about the customer if necessary.

New Customers and Payments

All new customers are normally required to trade on a proforma basis for the first transaction. Applications for a trading account may be made after the first transaction. The Supplier accepts the following payment methods

• Cheque or money-order Please allow 5 working days for clearance of all cheques (other than bank cheques or official post-office money orders).
• Direct bank deposit Please contact the Supplier for details.

• The Supplier will deliver for free door to door within the Perth Metro Area.

• These conditions of sale contain the whole contract between the Supplier and the Customer and no variation hereof shall be binding on the supplier unless assented to by it in writing signed by one of its Directors.