Terms and conditions of trade
Affective July 2018
- “Goods” shall refer to any goods delivered by Trade Aid Importers Ltd (TAI) (as more fully described in any invoice or other sales record issued by TAI) to you or your agent, including freight and handling charges incurred in doing so all of which form part of these terms and conditions.
- “Customer” shall refer to the customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods from us.
- “Company” shall refer to Trade Aid Importers Limited, or any agents or employees thereof.
- “Price” shall refer to the cost of the Goods, and includes all disbursements.
Acceptance and Conditions
- All orders are subject to acceptance and confirmation by the Company
- The Company reserves the right to:
1) Grant or decline credit to any Customer and to suspend or cancel any pre-existing credit accounts upon written notice.
2) Impose a credit limit, which may be altered at our discretion. If at any time this limit is exceeded, the Company may withhold further deliveries until a satisfactory arrangement has been agreed upon.
- Unless otherwise agreed in writing, the Customer shall not:
1) Appoint any Agent, Sub-Agent, Person or Entity to re-sell the Goods.
2) Sell the Goods to any Person or Entity whom they know or have reason to believe intends to re-sell the Goods.
- The price for the Goods shall be the current wholesale price charged by the Company at the date of delivery, unless otherwise agreed in writing and include standard levies.
- Unless otherwise agreed in writing, payment for the Goods shall be due upon the earlier of:
1) The 20th day of the month following in which the Goods are delivered to the Customer; or
2) The commencement of any act or proceeding in which the Customer’s solvency is involved; or
- Any act done or permitted by the Customer, the practical effect of which is or might be to deprive the Company of any of the benefits of these conditions of sale.
- Failure to make any due payment may result in deliveries being stopped until the overdue situation is rectified and/or interest being charged on overdue balances.
- Payments may be made by :
Trade Aid Importers Ltd
PO Box 35 049
ii) Presentation of Visa/MasterCard or EFTPOS. Please reference with Account or Invoice Number.
Interest and Legal Costs
- If the Customer fails to make any payment due to the Company by the due date, they shall be liable to pay:
1) Default interest thereon at the rate of 2.5% per month for the period during which it remains unpaid, which interest shall accrue on a daily basis and shall accrue after as well as before judgement; and
2) All of the Company’s expenses, debt collecting fees, and legal costs (calculated as between Solicitor and own client), in relation to obtaining remedy for the Customer’s failure to pay.
Risk and Liability
- Notwithstanding that ownership in the Goods may remain with the Company, all risk in respect thereof shall pass to the Customer upon delivery. Accordingly, the Customer should insure the Goods against such risks, as they think appropriate.
- The Company shall not be liable for:
1) Loss caused by any factor beyond the Company’s control.
2) Failure to deliver the Goods by any specified dates.
3) Loss consequential to any of the above.
- All claims for defective Goods should be made in writing to the Company. The Company’s liability for defective Goods and loss caused by defective Goods is limited at our option to either:
1) Replacing the defective Goods; or
2) Refunding the price of the Goods rejected
- Our minimum annual order value for a wholesale account is $500 excluding freight GST.
- The Company charges freight to customers on a cost recovery basis.
- Delivery of Goods shall be complete when possession of the Goods is taken by the Customer directly, or when the Goods are delivered to a carrier, courier, or other means for purposes of transmission to the Customer.
- The Company will make all reasonable efforts to meet any date for delivery agreed upon with the Customer, however will otherwise endeavour to deliver the Goods within a reasonable time.
Returns or Claims
- All claims for damage or adjustment for incorrect delivery must be advised in writing to the Company within seven (7) days of receipt of Goods and must be supported by the invoice number. If no complaint is received within these seven (7) days, then the Customer shall be deemed to have accepted that the Goods were correctly delivered and charged.
- No Goods will be accepted for return without our prior written consent (email/fax/letter).
- Freight for any returns is at the expense of the Customer unless otherwise agreed in writing from the Company.
- Without prejudice to such other rights as the Company may have, the Company reserves the right to request from the Customer such security as they may from time to time think is desirable, to secure all sums due to the Company, and may refuse to supply further goods to the Customer until such security is given.
Updates to these terms and conditions
- The Company reserves the right to update these terms and conditions from time to time as required.
Ownership and Repossession
- Ownership of the Goods is retained by the Company until payment is made in full for the Goods supplied to the Customer. Until payment of all monies due by the Customer to the Company, the Company shall hold the Goods for the Company as fiduciary owner, and the Goods shall at all times be stored so as to be readily identifiable as goods supplied by the Company, and the Company shall at any time be entitled to be satisfied that the manner of storage complies with this requirement.
- Notwithstanding any period of credit allowed by the Company or, if any Goods held by the Customer are sold prior to payment, then the proceeds of sale thereof shall be kept separate and shall be the property of the Company, payable immediately.
- Upon default in any payment due by the Customer to the Company or, either before or after any period of credit expires upon the Customer becoming solvent or having a receiver appointed or going into liquidation, the Company may (without prejudice to any of the Company’s other rights) enter upon the premises where the goods are kept and recover possession of the Goods and resell the same. So long as the Customer holds the goods as fiduciary owner, the Customer is entitled to sell the Goods to third parties in the ordinary course of business on such sales for the Company, and if so required, the Customer shall hand over to the Company any claims the Customer has against such third parties.
- Until the Company has been paid in full and if the Goods are sold by the Customer, the proceeds of the sale may be claimed by the Company as their property, and if so claimed the Company will apply such proceeds first in payment of any costs, charges, expenses or outgoings incurred by interest due thereon, and the Company shall account to the Customer for any balance.
Privacy Act 1993
- The Company may search the PPSR and collect from it any information about and/or associated with the customer permissible under the Privacy Act 1993 for credit application assessment purposes.
- The Company shall hold any information associated with the Customer in order to perform its obligations to supply any Goods.
- The Company may provide any Solicitor, Debt Collection Agency, or any other Business associated with the purpose of collecting monies, information about the Customer.
Personal Property Securities Act 1999
- The Customer acknowledged that:
1) These Terms constitute a security agreement between the parties; to secure full payment of the price for the goods and compliance with the Customer’s obligations set out in these Terms. The Customer hereby grants the Company a Security Interest in the Goods, creating a first priority Security Interest in all Goods supplied by the Company.
2) The Company’s security interest is inclusive of all crafts and commodities, as well as any other goods that may be described in any invoice produced by the Company.
3) The Company reserves the right to register a Financing Statement perfecting a Security Interest in the Goods on the Personal Property Securities Register. The Customer, will on request, do anything required by the Company to perfect its Security Interest in the Goods.
4) The Customer must not change their name without first notifying the Company of the new name not less than seven (7) days before the change takes effect.
5) To the fullest extent permitted under the PPSA, the Customer waives its rights under the PPSA and agrees to contract out of the provisions of the PPSA.
6) The Customer will not grant any other Security Interest in the Goods without the prior consent of the Company and will notify the Company immediately it becomes aware of any person taking steps to file a Financing Statement against any of the Goods.