CONDITIONS OF SALE FROSTBLAND PTY LIMITED (“THE COMPANY”)
- A contract will be formed when the Company confirms in writing the receipt of an order from the Customer or otherwise accepts the order or supplies the goods. These Conditions of Sale govern the contract between the Customer and the Company, to the exclusion of any purchase terms of the Customer.
- A service charge of $15.00 is applicable for orders below $200.00 including GST.
- In the event of the failure of the Company for any reason whatsoever to deliver goods ordered, the only liability to the Customer by the Company, shall be a refund of money prepaid, if any (providing that there has been no prior breach of the Contract by the Customer). The Company shall not be liable for any consequential or other damages.
- No liability shall be incurred by the Company for late delivery.
- No special warranties or conditions of use or otherwise are acceptable to the Company unless authorised by the Managing Director of the Company or alternatively under the seal of the Board of Directors.
- Except to the extent required by law, these Conditions of Sale expressly exclude all warranties, representations, or other conditions express or implied by statute or at law.
- The Customer agrees that until the Company has received payment of all monies owing to the Company, in cash or cleared funds, with respect to all the goods supplied by the Company to the Customer, and (to the extent permitted by law) all other monies that the Customer may owe the Company, the goods remain the property of the Company.
Until the Customer has paid all the monies to the Company, and the Company has received such payments:
(a) the goods supplied by the Company to the Customer are held by the Customer as fiduciary bailee of the Company;
(b) the Customer must store those goods separately, and in a manner such that the goods are readily identifiable as the property of the Company;
(c) the Customer will not sell those goods, except in the ordinary course of the Customer’s business, without prior written consent of the Company;
(d) any proceeds of such a re-sale by the Company shall be held on trust for the Company in a separate account; and
(e) to the extent any money owed by the Customer to the Company is in respect of goods supplied by the Company to the Customer, this clause creates a purchase money security interest in favour of the Company under the Personal Property Securities Act 2009 (Cth) and the Customer will do all things requested by the Company in connection with the perfection of that security interest.
- The Customer shall inspect the goods immediately on arrival and shall within 7 working days from such an inspection give notice to the Company of any matter by reason whereof he may allege either a claim against the seller or that the goods are not in accordance with the Contract. If the Customer shall not within such period give such notice the said goods shall be deemed to be in all respects in accordance with Contract and the Customer shall be bound to accept and pay for the same accordingly.
- Notwithstanding that credit has been given for the payment of the goods the Company shall be entitled to a lien on the goods until payment.
- All orders will be delivered to the Customer’s premises FIS in Australia (subject to clause 2). All overseas deliveries are on an ex factory basis unless a prior written agreement has been established.
- Unless otherwise agreed in writing the price for all goods shall be at the price at the date of invoice. Price lists are only indicative and subject to change without notice.
- Customers can only return goods to the Company for credit with the express permission of the Company. All goods returned for credit are subject to the following conditions of sale:-
(a) Authorised by a Company representative.
(b) Forwarded through our authorised carrier if not collected by a representative.
(c) If forwarded by any other carrier, freight must be prepaid by the purchaser. In addition, the following will apply:-
(a) Goods held by Customers for a period in excess of 3 months from invoice date, will in no circumstances be accepted or authorised for credit.
(b) Credits and returns will be authorised only if sufficient grounds exist for the acceptance of returns.
(c) To the extent permitted by law, goods returned will be subject to a 25% service charge (only 75% of the value of goods returned will be credited to cover our costs).
(i) Faulty, damaged or wrongly supplied goods.
(ii) Authorised by the Company.
(iii) Where the Company is legally required to refund, repair or replace the goods under schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
- Proof of delivery will not be provided later than one month after statement date, thereafter all goods will be considered to have been delivered in good order.
- The Customer will pay the net price of the invoice including any applicable taxes and services charges either prior to the delivery or if credit arrangements have been made on the thirtieth day after the date of invoice. In the event of default of any payment due to the Company, all monies owing for the goods delivered shall become payable forthwith. Should the Company deem it necessary to take legal action to recover an overdue debt, the purchaser will be liable for the costs of debt collecting and other legal costs.
- All testers and point of sale material will at all times 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 product’s wholesale selling price is averaged across all sales. These items will not be invoiced independently priced.
- Payments made by VISA, Mastercard or AMEX will attract a processing fee.
- The Company shall not be liable for any delay in performance or for non-performance of any of the terms of the Contract due to any cause not within its reasonable control.
- These Conditions of Sale may be added to, amended or altered from time to time and shall be of effect when exhibited at the Registered Office of the Company.
- Any provision of these Conditions of Sale that is illegal, void or unenforceable will be severed without affecting the other provisions.
- The agreement between the Company and the Customer is governed by and must be interpreted in accordance with the laws of the State of New South Wales. The parties unconditionally submit to the non-exclusive jurisdiction of the courts of that State.