Terms + Conditions
- OUTLINE
1.1 Applicability of Terms: These terms and conditions of sale (Terms) apply to the supply of all Goods by us to you from the date that you accept these Terms.
1.2 Acceptance: You accept these Terms when:
1.2.1 you submit an Order, whether through our Platform, by email or over the phone;
1.2.2 you accept delivery of, or any part of, the Goods and/or Services of an Order; or
1.2.3 you make Payment, or partial Payment, for any Goods and/or Services supplied by us,
whichever occurs first.
1.3 These Terms govern the contract between you and us to the exclusion of any other terms you may have. - PRICE
2.1 Price: Unless we otherwise agree in writing, the price charged and payable for the Goods and/or Services shall be the price in Australian dollars at the date we issue the Invoice to you, together with any applicable taxes, Charges and delivery costs regarding the Goods and Services. Unless otherwise stated by us in writing, the price of the Goods includes packaging but excludes installation and training of your staff.
2.2 Testers/Point of sale: All testers and point of sale material will be calculated into the invoiced price of all Goods sold by means of costing the items into our wholesale list price. Irrespective of the issue of testers and point of sale material, the equivalent of the individual Good’s wholesale selling price is averaged across all sales.
2.3 Service charge: A service charge of A$15.00 is applicable for orders below A$200.00 including GST. - PAYMENT
3.1 Credit terms: If you have a credit account with us, you must make all Payments within 30 days from the date of Invoice. If your credit limit with us is exceeded, we reserve the right to withhold the supply of Goods and/or Services. If we have revoked your credit, we may request you to pay for any Goods and/or Services in an Order prior to delivery of the Goods and/or Services.
3.2 Payment method: You must make all Payments in cash, by direct credit to the bank account nominated by us, by credit (noting that account payments by credit card (Visa, MasterCard and AMEX) will only be accepted at our discretion) or as otherwise indicated by us in writing. A surcharge of 2.2% may be applicable on all credit card payments. - PAYMENT DEFAULT
4.1 Default Interest: If you fail to make a Payment in accordance with clause 3 (Payment), we may charge Default Interest at the rate of 5% per annum from the date on which the payment was due until the date the Payment is made in full.
4.2 Payment of Default Interest: Default Interest pursuant to clause 4.1 shall be:
4.2.1 payable on demand; and
4.2.2 calculated daily from the due date to the actual date the Payment is made in full.
4.3 Costs of enforcement: We may recover from you any costs we incur to collect any Payment.
4.4 No set off: All payments required to be made by you under this Agreement will be made free of any set-off, or counterclaim and without deduction or withholding, unless agreed to otherwise by us in writing.
4.5 Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to you by us.
4.6 Default Interest amount credited first: Any Payment you make to us shall first be credited against any Default Interest accrued pursuant to this clause 4 to the actual date of Payment.
4.7 Revocation of credit: We reserve the right to revoke at any time any credit extended to you because of your failure to make any Payment when due or for any other reason. - DELIVERY, RISK + INSURANCE
5.1 Delivery: You must immediately inspect Goods upon delivery by us and within 7 days after the date of inspection give written notice to us with particulars, of any claim that the Goods are not in accordance with this Agreement. If you fail to give notice, then to the extent permitted by law, the Goods must be treated as having been accepted by you and you must pay for the Goods in accordance with these Terms.
5.2 Risk passes on delivery: The risk in the Goods shall pass to you upon the delivery of the Goods in accordance with clause 5.1.
5.3 Insurance over Goods: If we request, you must from the delivery date until we have received Payment for all Goods in full have sufficient insurance in respect of the Goods to protect us against loss or damage by fire, theft, or any other cause whatsoever and provide to us upon our request evidence of such insurance.
5.4 No liability for delay: We will use reasonable efforts to deliver the Goods to you by the date and to the place specified by you. Without limiting clause 9 (Exclusions + Limitations), if the Delivery of the Goods is delayed:
5.4.1 we shall not be liable for late delivery or delay in delivery;
5.4.2 you have no right to withhold payments due if unessential parts of the delivery are still pending provided that the use of the Goods delivered is not rendered unusable as a result; and
5.4.3 the delay does not give you the right to cancel an Order or terminate these Terms.
5.5 Vicarious agent: If, contrary to the agreed terms of delivery, you take on tasks which are not your responsibility, but our responsibility, these tasks will be deemed to have been performed on behalf of and for our account.
5.6 Storage: If you fail to take delivery within a reasonable time of Goods notified as ready for dispatch, we will be entitled to store the Goods at your expense and risk and to invoice them as if they have been delivered. We reserve the right to charge a reasonable fee for redelivery charges in the event that you do not, or are unable to, accept delivery of the Goods.
5.7 Unattended delivery locations: If you request that Goods are delivered either to an unattended location, left outside, or are left outside our premises for collection, you acknowledge that we will deliver the goods as requested at your risk.
5.8 Adequate unloading equipment: You are responsible for ensuring there is adequate equipment available to unload from the transport vehicle in a safe and efficient manner. Our delivery driver may return the Goods to us if it is deemed that the conditions on delivery are not adequate to ensure the safety of all concerned in the unloading of the Goods. Any return of Goods pursuant to this clause will be at your cost. - SUSPENSION + CANCELLATION
6.1 Cancellation by you: You may not cancel an Order, or any part of it, unless:
6.1.1 we give our written consent; and
6.1.2 you pay to us (if required by us in our absolute discretion) any and all costs reasonably incurred by us regarding the cancelled Order or the cancelled part of the Order to the date of cancellation.
6.2 Cancellation by us: We may in writing or verbally cancel an Order or delivery of an Order without liability to you if:
6.2.1 we reasonably form the opinion that you are insolvent or at material risk of insolvency;
6.2.2 you fail to make a Payment on time; or
6.2.3 we reasonably form the opinion that supplying Goods and/or Services to you may have a negative impact upon our business or commercial reputation or image.
6.3 If any applicable advance payment or a Security Interest (as defined in clause 12) has not been registered on the PPSR prior to delivery, we will be entitled to adhere to or terminate the contract and in both cases be entitled to claim damages. - DEFECTS + RETURN OF GOODS
7.1 This clause 7 is subject to clause 9 (Exclusions + Limitations), clause 10 (Statutory Rights) and any other statutory or legal right whether under these Terms or otherwise.
7.2 Returns: You must inspect the Goods immediately upon Delivery and may only return the Goods within 30 days of delivery of the Goods if:
7.2.1 they do not materially comply with the Order; or
7.2.2 if permitted by law, including the ACL.
7.3 Notification: If you wish to return any Goods delivered to you, you must give to us:
7.3.1 notice concerning weight, numbers or apparent defects within 7 days from receipt of the Goods;
7.3.2 notice of other defects within 7 days after discovery but in any event within the warranty period;
7.3.3 the original Invoice details.
7.4 Replacement or credit: Subject to statutory rights, if we accept the return of Goods from you, we will at our option either:
7.4.1 replace the returned Goods; or
7.4.2 give a credit or a refund for such Goods.
7.5 Costs to return Goods or other related costs: Unless otherwise permitted by law, you must pay for any transportation costs to return the Goods to us or other costs we incur in connection with the return of the Goods. You must also use our authorised carrier, if we do not pick up the Goods for return from you, unless otherwise agreed in writing.
7.6 Payment for other Goods: You may not withhold any payment due to us in respect of any other Goods pending the resolution of a returned Good.
7.7 Goods damaged in transit: If the Goods are damaged while being delivered to you, subject to your compliance with this clause 7, we will replace the relevant Goods at no extra charge to you.
7.8 Inspection of returns: At our request, you must give us the opportunity to inspect the defect and/or damage, prior to commencement of any remedial work, either by yourself or by a third party.
7.9 Return of non-defective Goods for credit: You may only return non-defective Goods to us for credit with our express permission. All Goods returned for credit are subject to the following conditions:
7.9.1 The return of Goods must be:
A authorised by a Frostbland representative;
B forwarded through our authorised carrier if not collected by a representative; and
C if forwarded by any other carrier (other than our authorised carrier), freight must be prepaid by the purchaser;
7.9.2 Goods held by you for a period in excess of 3 months from invoice date will in no circumstances be accepted or authorised for credit; and
7.9.3 Credits and returns of Goods will only be authorised if sufficient grounds exist for the acceptance of returns.
7.9.4 To the extent permitted by law, Goods returned will be subject to a 25% service charge. For the avoidance of doubt, this means only 75% of the value of the Goods returned will be credited to cover our costs. - EXPRESS WARRANTY
8.1 Provider details: The warranty against defects (Warranty) contained in this clause 8 is provided by:
Frostbland Pty Ltd
47-53 Moxon Rd
Punchbowl, NSW 2196
Australia
Tel: +61 2 8709 8800
8.2 Warranty: We warrant that the Goods supplied by us are supplied free from defects in material and workmanship except such defects normally being regarded as being commercially acceptable.
8.3 Warranty Period: The Goods are covered by this Warranty for a period of 6 months from the date of delivery unless otherwise stated in writing. The warranty period will depend on the Goods and/or Services provided and will be stated to you in writing at the time the Goods and/or Services are provided as well as in the invoice for the Goods and/or Services provided.
8.4 Exclusions: We will not be liable for:
8.4.1 loss or damage caused by factors beyond our control;
8.4.2 normal wear and tear;
8.4.3 damage resulting from improper storage and maintenance and/or overstressing or overloading;
8.4.4 any Goods that have not been installed by us or maintained according to our maintenance or care instructions;
8.4.5 any alterations or repairs to the Goods not performed by us or with our prior written consent;
8.4.6 damage or defects caused to the Goods due to unusual, non-recommended or negligent use of the Goods; or
8.4.7 damage resulting from unsuitable operating media, unsuitable construction work or unsuitable building ground, or the use of other than original spare parts].
8.5 Making a claim: You must make a claim under this Warranty by providing us notice in writing to our address specified in clause 8.1 containing reasonable description of the defect in the Good(s).
8.6 Transport charges: Subject to your statutory rights, under this Warranty, you are liable for all transport charges incurred in returning defective components or parts for repair or replacement together with the cost of returning them to you. An invoice for such transport charges will be provided upon returning the relevant Good(s) to you which will be payable in accordance with these Terms.
8.7 Regulation 90: This Warranty against defects is provided in addition to other rights and remedies you may have at law.
8.7.1 Goods only: Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. - EXCLUSIONS + LIMITATIONS
9.1 ACL exception: The exclusions and limitations in this clause 9 are subject to clause 10 (Statutory Rights).
9.2 Excluded rights: All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
9.3 Limitations: No warranty is given and we will not be liable for:
In the case of Goods
9.3.1 alterations to Goods for which we are not responsible;
9.3.2 defects or depreciation caused by wear and tear, accidents, corrosion, dampness, abnormal conditions or effects;
9.3.3 damage or failure caused by unusual or non-recommended use, misuse or application of the Goods;
9.3.4 Goods for which the expiry date has passed and Goods received by you 10 months prior to their expiry date; or
9.3.5 loss caused by any factors beyond our control; and
In the case of Services
9.3.6 interference with our Services for which we are not responsible;
9.3.7 damage or loss caused by unusual or non-recommended use of our Services; or
9.3.8 loss caused by any factors beyond our control.
9.4 Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage, loss of profits or loss of goodwill (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these Terms).
9.5 Total liability: Our total liability for breach of these Terms or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
In the case of Goods
9.5.1 the replacement of the Goods or the supply of equivalent goods;
9.5.2 the repair or rectification of the Goods;
9.5.3 the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
9.5.4 the payment of the cost of the repair or rectification of the Goods; and
In the case of Services
9.5.5 the supply of the Services again; or
9.5.6 the payment of the cost of having the Services supplied again.
9.6 No reliance: You agree that:
9.6.1 you have and will make your own assessment of the fitness for purpose and suitability of any Goods and/or Services supplied to you;
9.6.2 you do not and will not rely on our skill or judgment nor that of any person by whom any prior arrangements regarding the acquisition of any Goods and/or Services were or will be made;
9.6.3 technical documents, such as drawings, descriptions, illustrations and data on dimensions, performance and weight as well as reference to standards are for information purposes only, are not warranted characteristics and are subject to change; and
9.6.4 you have not made nor will you make known to us or a manufacturer of goods (directly or indirectly) the particular purpose for which you acquire Goods and/or Services. - STATUTORY RIGHTS
10.1 Statutory rights: Certain statutory guarantees, warranties and rights may apply to your purchase of Goods and Services from us as provided by relevant laws but subject to these Terms as applicable and where permitted by relevant laws.
10.2 No restriction: Nothing in these Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
10.3 Unfair contract: If section 23 of the ACL applies to any provisions in these Terms, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL. - TITLE
11.1 Subject to the PPSA: The provisions of this clause 11 are subject to the provisions of the PPSA and clause 12 (Security Interest).
11.2 Possession as bailee: After delivery of the Goods, until the full Payment has been made you shall possess the Goods as bailee only.
11.3 Title: We will retain absolute title over the Goods until:
11.3.1 we have received Payment in full in respect of the Goods in an Order and all outstanding invoices; or
11.3.2 the Goods are disposed of in the manner prescribed under clause 12.12. - SECURITY INTEREST
12.1 Security Agreement: This clause 12 sets out the Security Agreement between you (as grantor) and us (as secured party).
12.2 Creation of Security Interest: You grant to us a security interest (Security Interest) in the Goods supplied by us to you, including all related proceeds (Collateral), as security for all or part of the Payment of any amount relating to the Goods in accordance with these Terms or otherwise. For the avoidance of doubt, this Security Interest is also a Purchase Money Security Interest in the Collateral.
12.3 Ranking: Subject to the priority rules set out in the PPSA, this Security Interest ranks in priority ahead of all other security interests in the Collateral.
12.4 Continuing obligation: This Security Interest is a continuing security and your obligations under this Security Agreement continue until it has been validly and fully terminated. You will pay us on demand all present and future monies, debts and liabilities due, owing and incurred by you to us on any current or other account or otherwise in any manner whatsoever.
12.5 Perfection: You irrevocably give us authority to register a financing statement for the Security Interest on the PPSR. This clause does not prevent us from perfecting this Security Interest by any other means in accordance with the PPSA.
12.6 Timing of registration of financing statement: The relevant time frames for registration are as follows:
12.6.1 for inventory, point of sale material and packaging that comprise Goods, registration must take place before the Goods are delivered;
12.6.2 for other kinds of inventory (other than goods stipulated in 13.6.1 above), registration must take place prior to attachment and the security interest attaches when [the inventory]; and
12.6.3 if the interest is in personal property, or its proceeds, other than inventory, registration must take place within 15 days of:
A for goods – the day the grantor, or another person at the request of the grantor, obtains possession of the property;
B for any other property – the day the interest attaches to the property.
12.7 Information: You must provide us with any information required for us to register a financing statement or a financing change statement for this Security Interest on the PPSR.
12.8 Identification: Until this Security Interest has been extinguished, you must ensure that, as far as is reasonably practicable:
12.8.1 any identifying plate, mark or packaging number on any of the Collateral (including Goods) is not removed, defaced or obliterated; and
12.8.2 the Collateral is identifiable and distinguishable from any other goods or products in your possession and as to each particular Invoice of Goods comprising the Collateral.
12.9 Accessions: You acknowledge that this Security Interest continues to apply to Collateral that becomes an accession to other goods.
12.10 Remedies: Until this Security Interest in the Collateral has been extinguished, if:
12.10.1 you experience a Default Event; or
12.10.2 you breach these Terms,
we may as we see fit and without notice to you, seize, retain or redeem the Collateral, or seek any and all remedies provided under Chapter 4 of the PPSA or any other remedies provided at law or in equity, including those set out in clause 12.11.
12.11 Right of entry: In additional to any rights given to us under Chapter 4 of the PPSA, you irrevocably:
12.11.1 grant us the right to:
A demand the immediate return of the Goods to us;
B enter your premises to search for and seize the Goods without notice or liability to you; and
C retain, sell or otherwise dispose of those Goods in any manner we see fit; and
12.11.2 indemnify and keep us indemnified against any claim (including in negligence) in respect of any damage to your property or the premises you occupied or any consequential loss caused by another party arising relating to searching for and seizing any Goods in accordance with this clause 12.11.
12.12 Permitted use and sale: You may only sell or deal with any of the Collateral (including accessions) in respect of which full Payment has not been received if:
12.12.1 we have not exercised a remedy under this Security Agreement;
12.12.2 the proposed transaction is a bona fide transaction to a third party at market value conducted in the ordinary course of your business;
12.12.3 the proposed transaction does not create a security interest in the Collateral that ranks above this Security Interest;
12.12.4 all proceeds of the proposed transaction is:
A immediately paid to us; or
held on trust for us in a separate account, payable on demand; and
12.12.5 unless otherwise obligated by law, and other than where you may need to disclose the proposed transaction to a bank, you do not disclose to a third party that the proposed transaction is subject to this Security Agreement or that the proceeds will be immediately paid to us or held on trust for us.
12.13 Costs: You must pay all costs incurred by us (including costs on a solicitor-client basis and debt collector’s costs) arising out of this Security Agreement, including costs regarding:
12.13.1 seizure, retention, redemption or any other remedy exercised pursuant to this Security Agreement; and
12.13.2 the enforcement of our rights under this Security Agreement (including matters incidental to it).
12.14 Extinguishment: The Security Interest is extinguished only if all obligations under this Security Agreement have been satisfied.
12.15 Waiver: Sections 95, 118, 121(4), 125, 130, 132 and 135 of the PPSA shall not apply to the extent that they impose obligations on us.
12.16 Waiver of receipt of statements: You irrevocably waive your right to receive from us a copy of any financing statement, financing change statement or verification statement that is registered, issued or received at any time regarding this Security Agreement.
12.17 Disclosure: The parties agree that neither party may disclose information that:
12.17.1 can be requested under section 275(1) of the PPSA (subject to any exceptions that may apply under section 275(7) of the PPSA); or
12.17.2 is protected against disclosure by a duty of confidence.
12.18 Acknowledgement: You acknowledge due notice of this Security Agreement with acceptance of these Terms. - INTELLECTUAL PROPERTY
13.1 Our intellectual property: All of our Intellectual Property Rights in and relating to the production, development and supply of the Goods and/or Services, including but not limited to drawing, illustrations, specifications, and other related literature remains our property and shall not be transferred, assigned, licensed, reproduced, disclosed or otherwise given to any other person by you without our prior written consent.
13.2 Confidentiality: You must keep confidential and shall not use any of our confidential information without our prior written consent. - GST
14.1 Prices exclusive of GST: Unless otherwise agreed, prices are exclusive of GST.
14.2 GST payable in addition: You must pay to us all GST in addition to any other amounts payable by you to us in respect of a taxable supply, which will be payable by you when required to pay for the Goods and/or Services.
14.3 Issue of tax invoice: We will issue a tax invoice for any taxable supply to you, which will enable you, if permitted by the GST Law, to claim a credit for GST paid by you.
14.4 Third party supplies: If GST is payable for a taxable supply by a third party, we will request that party to provide you with a tax invoice. - LOCAL LAWS, REGULATIONS AND EXPORT CONTROLS
15.1 Local laws and regulations: If the delivery address for Goods is outside of Australia, you must bring to our attention all applicable local laws and regulations which bear connection with the execution of this contract. In the case of re-exports, we are not liable for any loss you may suffer resulting directly or indirectly from non-compliance with applicable export control regulations outside of Australia. - GENERAL
16.1 Indemnity: You agree to indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your breach or alleged breach of these Terms.
16.2 Privacy: By accepting these Terms, you acknowledge that you have read and accept the terms in our Privacy Policy www.frostbland.com.au/privacy-policy-2/ .
16.3 Termination: If a Default Event occurs:
16.3.1 we may, without limiting any other right we have under these Terms, terminate any outstanding Order and any contract for the supply of Goods and/or Services to you; and
16.3.2 all Payments and any other monies due under these Terms become immediately payable, and you must accept any Goods shipped or delivered by us prior to any cancellation, suspension or extension of your Order.
16.4 Lawful purpose: You must ensure the Goods and/or Services are used only for lawful purposes and in accordance with applicable laws.
16.5 Binding: These Terms bind our successors, administrators and permitted assigns and your executors and permitted assigns or your successors, administrators and permitted assigns (as applicable).
16.6 Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent.
16.7 Time of the essence: Time is of the essence for any date or period under these Terms.
16.8 New Terms: If we adopt new terms and conditions for the sale of Goods and/or Services or vary these Terms:
16.8.1 you will be given 5 Business Days’ written notice; and
16.8.2 the new terms and conditions will apply to the subsequent supply of Goods and/or Services from the effective date of replacement or variation.
16.8.3 this will not affect an Order that has been accepted by us prior to the effective date of replacement or variation;
16.8.4 the adoption of the new terms and conditions will be treated as a variation of any other agreement to which these Terms apply and you consent to such a variation or replacement.
16.9 Force Majeure: If a Force Majeure Event occurs, we may:
16.9.1 totally or partially suspend any Order or any deliveries relating to an Order during any period in which we may be hindered due to that Force Majeure Event; and
16.9.2 elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
16.10 Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
16.11 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
16.12 Interest rates: The interest rate on any outstanding debts is a fixed rate of 10 per cent per annum.
16.13 Governing law: These Terms shall be governed by the laws of the State of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales. - INTERPRETATION + DEFINITIONS
17.1 Personal pronouns: Except where the context otherwise provides or requires:
17.1.1 the terms we, us or our refers to Frostbland; and
17.1.2 the terms you or your refers to any person or entity that places an Order with us and agrees (by conduct, notice or otherwise) to be bound by these Terms, including any related company, related party, officer and authorised person of the relevant person.
17.2 Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:
ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.
A$ means Australian dollar.
Business Day means a day which is not a Saturday, Sunday or public or statutory holiday in Sydney, Australia.
Charges means any sales tax, excise duties, customs duty, transfer duty, GST or any other taxes, duties or charges applicable in respect of the provision of the Goods and/or Services.
Default Event means any one of the following events:
(a) you fail to make any payment when due, whether for the Goods and/or Services or you otherwise breach this contract;
(b) if you are a person – you become an insolvent under administration;
(c) if you are a body corporate – you enter into any composition or arrangement with your creditors or are unable to pay your debts as and when due;
(d) proceedings or applications are commenced or made for the appointment of any persons listed in items (b) or (c) above; or
(f) a mortgagee or their agent enters into possession of your assets.
Default Interest means as defined in clause 4.
Delivery means the delivery of the Goods and/or Services in accordance with clause 5.1.
Force Majeure Event means circumstances beyond our reasonable control, which shall include, but not be limited to compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, epidemics, pandemics, labour or material shortages, riots, insurrections, defaults of our suppliers or subcontractors, delays in transportation, loss or damage to Goods in transit or instructions or lack of instructions from you.
Frostbland Pty Ltd (ACN 000 082 217) trading as Frostbland of 47-53 Moxon Rd, Punchbowl NSW 2196, Australia.
Goods means natural cosmetics, beauty supply & personal care products, as advertised from time to time on our Website.
GST and GST Law mean as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights which currently exist and/or are recognised in the future.
Invoice unless otherwise agreed means the invoice issued upon the delivery of the Goods and/or Services specified in your Order.
Material means any material in which you have Intellectual Property Rights provided by you for use by us in the production and development of the Goods and/or Services to you.
Order means an order for Goods and/or Services received by us whether in writing or otherwise.
Payment means payment of any amount relating to Goods and/or Services in accordance with these Terms.
Platform means our Website and each of its sub-domains.
PPSA means the Personal Property Securities Act 2009 (Cth) as amended, including any regulations made pursuant to it.
PPSR means the Personal Property Securities Register.
Regulation 90 means Regulation 90 of the Competition and Consumer Regulations 2010 (Cth).
Security Agreement means the security agreement set out in clause 12 (Security Interest).
Services means marketing and distribution services and any other services offered or performed by us from time to time.
Website means https://frostbland.com.au and any other websites established and used by us from time to time.