Terms and Conditions
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1. Definition
In
these Terms and Conditions of Sale, the expression “the Company” shall
mean A. Macdougall & Company , and the expression “the Purchaser”
shall mean any party contracting for the supply of products by the
Company.
2. Minimum Order and Product Prices
For
minimum order requirements please refer to the order form published by
the Company. Prices quoted on the order form do not include GST or
delivery charges. The Company shall be entitled to adjust any price
quoted from time to time and the Purchaser agrees to pay any such
adjusted price to take account for variations in the cost to the
Company. The Company cannot accept responsibility for out of date
prices published in the Company’s own trade price list. GST is added to
net prices at the rate ruling the date of despatch; variations in the
costs of rates of all statutory, government or local government or
governmental authority charges and obligations; or any corrections
of errors or omissions on the part of the Company or any of its representatives.
3. Credit Terms
Full
payment must be received by the Company within 30 days net from date of
invoice unless other arrangement has been made in writing by the
Company. The Company reserves the right to suspend the delivery of
further goods if the terms of payment are not strictly adhered to by
the Purchaser. Any expenses, costs or disbursements incurred by the
Company in recovering any outstanding monies including debt collection
agency fees or solicitor’s costs shall be paid by the Purchaser along
with the outstanding debt due.
If the Purchaser defaults in the
payment outstanding to the Company, all monies owing for goods
delivered shall be payable forthwith and credit facilities may be
withdrawn without prior notice by the Company. Amounts not paid by the
Purchaser by the due date may be subject to an additional interest
charge of 16% calculated daily on the full debt
plus the outstanding amount.
Account
holders are entitled to a 2.5% cash settlement discount for payment of
invoices if the payment is received within 7 days from the date of the
invoice, provided payment in full takes place within the time specified
and there are no invoices outstanding beyond their due date at the time
of payment. The 2.5% cash settlement discount is not applicable to
orders less than the order minimum (please see order form for minimum
total), proforma invoices or for initial Slatwall set up invoices.
Property of any products supplied by the Company to the Purchaser shall
not pass until the products have been paid in full.
In the event
of non-payment, if an application for the winding up of the Purchaser
is filed, if the Purchaser is placed into liquidation or official
management of a receiver and manager or an agent in possession is
appointed, if placed under administration; the Company (prior to the
full payment for the products) is irrevocably authorised to enter the
Purchaser’s premises and remove any products which are owned by the
Company, and the Purchaser shall be liable for all costs incurred by
the Company in exercising the right of retrieval, including all legal
costs.
4. C.O.D. Terms
All
orders must meet the required order minimum. A standard handling charge
applies. Payment by Credit Card only is accepted. Where the terms above
are not met the Company reserves the right to cease wholesale trade
with the Purchaser.
5. Return of Goods.
All goods have been expressly sold on a firm sale basis and are non-returnable.
The
Company will not accept the return of goods for credit or any purpose
unless a Return Reference Number (RRN) has been issued by the Company
and is clearly indicated with the returned goods. Return of goods will
only be accepted for credit within 3 working days from the date that
the delivery is received. Return freight will be at the cost of the
Company only when a processing error occurs on the part of the Company.
No returned goods shall be accepted by the Company if they have been
tampered with by the Purchaser or any other person and are not in a
condition suitable for re-sale (this includes
individual store
barcoding and price labelling). Only full and complete packs qualify
for return and credit. The decision to issue an account credit remains
at the discretion of the Company.
The Company is entitled to
charge a 15% handling charge of total value of goods where the return
does not adhere to these terms and conditions.
6. Damaged and Lost Goods
All
goods delivered or received damaged must be reported to the Company
within 3 working days from the received date of delivery. Products must
not be signed for if damaged and should be reported to the Company
immediately to arrange for the shipment to be replaced. The Company
will not accept claims for damage inflicted to products in transit if
the delivery is signed for and accepted by the Purchaser. The Company
will not accept responsibility for any part delivery or delay in
delivery of the goods as a result of events occurring beyond the
control of the Company. The Company will not be responsible for any
consequences (direct or indirect) arising from such delay or
non-delivery.
7. Delivery
Goods
will be delivered to the address stated by the Purchaser in the Account
Application Form. Any changes to the Purchaser’s delivery address must
be made in writing to the Company and confirmed in writing by the
Company. These changes to the delivery address of the Purchaser will
supersede the details in the original Application Form. The
Company
shall be entitled to charge for and recover from the Purchaser all
losses occasioned by the failure of the Purchaser to collect or take
delivery of goods.
Goods will be delivered by such carrier and
such form of transport considered appropriate by the Company. Delivery
date or time cannot be guaranteed and is subject to the carrier’s
schedule and Terms and Conditions. The Company will not accept
responsibility for any part delivery or delay in delivery of goods as a
result of events occurring beyond the control of the Company. The
Company will not be in any way
responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
8. These Terms and Conditions are subject to change without notice.
9. These Terms and Conditions and any contract made between the Company
and the Purchaser hereunder shall be governed by and constructed in
accordance within the laws of the State of Victoria. |
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