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TRADE PRODUCTS PTY LTD ACCOUNT APPLICATION FORM

 <= /o:p>

APPLICANT’S DETAILS

Name: …………………………̷= 0;…………………………= 230;…………………………&= #8230;…………………………= ;…………………………R= 30;…

ACN: …………………………̷= 0;………..   If Company Trustee, name of Trust:…………………………= ;…………………………R= 30;……….

Business Name: …………………………̷= 0;……………….Business Reg No: …………………………̷= 0;… ABN: …………………………=

Registered Address: …………………………̷= 0;…………………………= 230;…………………………&= #8230;…………………………= ;…………….

Postal Address: …………………………̷= 0;…………………………= 230;…………………………&= #8230;…………………………= ;………………….

Business Address: …………………………̷= 0;…………………………= 230;…………………………&= #8230;…………………………= ;………………

Business Telephone: …………………………̷= 0;………..  Fax …………………………̷= 0;………  Mobile …………………………̷= 0;……

Type of Business: &= nbsp; ………………………= ;…………………………. Date commenced: …………………………̷= 0;……

Director / Proprietor’s Details

Surname:  &nbs= p;        ………&#= 8230;…………...     ……= 230;…………….. ………………= ;…….  ……………= ……….

Given Names:  =              …………………….. ………………= ;…….. ………………= ;…….  ……………= ……….

Address:  &nbs= p;         ……= 230;…………….. ………………= ;…….. ………………= ;…….  ……………= ……….

    =             &nb= sp;    ………………R= 30;….. ………………= ;…….. ………………= ;…….  ……………= ……….

Home Telephone: &nb= sp;        ………&= #8230;………….. ………………= ;…….. ………………= ;…….  ……………= ……….

Date of Birth: &nbs= p;            &= nbsp; …………………….. ………………= ;…….. ………………= ;…….  ……………= ……….

= Real Estate Details

Do you own or lease your premises? Own  Lease  

 <= /o:p>

TRADE REFERENCES:

Company: …………………………̷= 0;………… Contact: …………………………̷= 0;………. Telephone: ………………………&= #8230;………

 =

Company: …………………………̷= 0;………… Contact: …………………………̷= 0;………. Telephone: ………………………&= #8230;………

 =

Company: …………………………̷= 0;………… Contact: …………………………̷= 0;………. Telephone: …………………………̷= 0;…….

 

I/We declare the above fact to be true in every respect = and apply to open a credit account with Trade Products Pty Ltd (‘Trade Products’) for an amount of approximately $…………………………R= 30;…  per month and should credit be gra= nted I/we undertake to conduct the account strictly in accordance with the attac= hed Trading Terms and Conditions which I/we have read and understood.

 

In consideration of Trade Product= s Pty Ltd (‘Trade Products’) accepting this application, I/we hereby charge in favour of Trade Products all of my/our respective title and inter= est in any land I/we own including the land listed above and any land I/we may acquire in the future, (‘the land’) to better secure all amounts owing by me/us to Trade Products and my/our performance of the obligations contained in the said Trading Terms and Conditions and I/we agree that Trade Products may register a caveat over the land in relation to this charge.

 

igned: __________________________________________&= nbsp; Signed: ___________________________________________

By the Director/s

 

Date:

NOTE: If insufficient space, plea= se attach additional information to this Application.

 

= TRADE PRODUCT PTY= LTD

= GUARANTEE AND INDEMNITY

 

BETWE= EN:

TRADE PRODUCTS  Pty Ltd (ACN) 121 727 491 of 15 Yuilles Road, Mornington, 3931 (‘Trade Products’).

- AND -

 

________________________________________________________= ____________________________________________________________________

(Company name and address)                   =             &nb= sp;            =                =             &nb= sp;            =             &nb= sp;                   =             &nb= sp;            =             &nb= sp;            =           (‘the Buyer’)

 

- AND -

 

________________________________________________________= ____________________________________________________________________

(Director’s name and address)                   =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;               (‘the Guarantor’)

 

________________________________________________________= ____________________________________________________________________

(Director’s name and address)            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            (‘the Guarantor’)

RECITALS:<= span lang=3DEN-US style=3D'font-size:7.0pt;mso-bidi-font-size:12.0pt;font-family= :Arial; mso-bidi-font-family:"Times New Roman";color:black;font-weight:normal; mso-bidi-font-weight:bold;font-style:normal;mso-bidi-font-style:italic'>

A.      =   Trade Products has agreed to enter into a contr= act to supply Goods to the Buyer (‘the Contract’).

B.      =   In consideration of Trade Products agreeing to supply Goods, the Guarantor has agreed to join in the Contract to provide a Guarantee and Indemnity to guarantee the Buyer’s punctual performance= and due observance of the Buyer’s obligations thereunder.

IT IS AGREED:

Definitions

1. ‘Goods’ means any Go= ods supplied by Trade Products to the Buyer.

Guarantee

2. &nbs= p; The Guarantor unconditionally and irrevocably guarantees to Trade Products:

(a)       Punctual payment of all sums now or in the future owing, actua= lly or contingently, by the Buyer to Trade Products in respect of the Contract = or this document or which now or in the further there is a prospect may become owing actually or contingently by the Buyer to Trade Products; and

(b)       Punctual performance and observance of all the Buyer’s obligations under and arising from the Contract or this document, its subje= ct matter or any relationship referrable to the, alone or jointly with any oth= er person (‘the guaranteed obligations’).

Indemnity

3. &nbs= p; The Guarantor unconditionally and irrevocably agrees to keep Trade Products indemnified at all times against any loss Trade Products may suffer or suff= ers if any of the guaranteed obligations are not recoverable from, or performed= by, the Buyer for any reason whatsoever.

Unconditional liability

4. &nbs= p; The liability of each Guarantor under this Guarantee and Indemnity is absolute = and unconditional and is not abrogated, prejudiced or affected by:

(a)       a release, termination, variation, novation, renewal;

(b)       any other security or guarantee now or in the future held by T= rade Products for the guaranteed obligations (‘collateral security’) or any other transaction or agreement between Trade Products and the Buyer or any obligation owed by the Buyer to Trade Product= s in relation to the guaranteed obligations being void, voidable or otherwise unenforceable by Trade Products in accordance with its terms or Trade Produ= cts being stopped from receiving the performance and observance of the guarante= ed obligations from the Buyer;

(c)       the granting of any forbearance, time or other indulgence to or the making of any composition, compromise or arrangement with or the discha= rge or release of the Buyer, and Guarantor (if more than one) or any other pers= on;

(d)       the failure of any person proposed or intended to be a Guarant= or to become bound by this Guarantee and Indemnity  (whether by a failure to execute, = a lack of capacity to execute or otherwise0;

(e)       the death, administration or mental illness or any Guarantor or the Buyer;

(f)       any amendment of any constitutional document, trust deed of any Guarantor of the Buyer or any change in membership of any partnership, joint venture or association of which the Buyer or any Guarantor is a member;

(g)       the Buyer or any Guarantor becoming a member of a partnership, joint venture or association (whether incorporated or unincorporated)’= ;

(h)       the fact that no demand for the performance or observance of t= he guaranteed obligations has been made on the Buyer of any Guarantor;

(i)        any failure by Trade Products to disclose any information to a= ny Guarantor or any representation made or information given by Trade Products= to any Guarantor;

(j)        the failure to give any Guarantor notice of default by the Buy= er or to obtain consent from any Guarantor to any arrangement or agreement made with the Buyer;

(k)       any breach of trust by any Guarantor or the Buyer;<= /span>

(l)        the value of any collateral security or the value place on it = by Trade Products in the bankruptcy or insolvency of any Guarantor or the Buye= r;

(m)     any negotiable or other instrument being in circulation or outstanding;

(n)       the obtaining, release, variation or renewal by Trade Products= or any collateral security or any agreement or arrangement affecting the prior= ity of any collateral security;

(o)       any refusal or failure by Trade Products to obtain, register, perfect, stamp, enforce or assign any collateral security or any negotiable instrument, judgment, order or award relating to the guaranteed obligations= ;

(p)       any act or omission of Trade Products which prejudices or might prejudice a Guarantor.

Continuing liability

5. This Guarantee and Indemnity is a continuing guarantee for the whole of the guaranteed obligations.

Payments in gross

6. &nbs= p; All monies received by Trade Products in reduction of the Buyer’s indebte= dness to Trade Products from or on account of the Buyer will be regarded as payme= nts in gross and a Guarantor must not stand in place of Trade Products in respe= ct of or claim the benefit of any monies so received as against the buyer until Trade Products has received full satisfaction of the guaranteed obligations= .

 

Guarantor not to compete with Trade Products=

7.    (a)      A Guarantor, in respect of any rights wh= ich may accrue to the Guarantor in respect of any sums paid to the Guarantor hereunder, ranks and is entitled to enforce the same only after Trade Produ= cts;

(b)    In the event of the liquidation of the Buyer, a Guarantor is not entitled to p= rove in the liquidation of the Buyer in competition with Trade Products so as to diminish any dividend or payment which, but for such proof, Trade Products would be entitled to receive in the liquidation.

(c)&= nbsp;      Each Guarantor authorises Trade Products to prove for all monies owing to the Guarantor by the Buyer and not paid and at the discretion of Trade Products= to appropriate all or any such  m= onies received until Trade Products must have received 100 cents in the dollar in respect of the monies owed to Trade Products

(d)       The Guarantor waives in favour Trade Products all rights which= the Guarantor may have against the Buyer or any other person, estate or other assets so far as is necessary to give effect to anything contained in this Guarantee and Indemnity.

Payments avoided

8.  A payment made to Trade Produc= ts under this document but which is subsequently avoided by a statutory provis= ion does not relieve any Guarantor of the liability for that payment. Trade Products and the Buyer must be restored to their respective positions as if that payment had not been made.

Primary Obligatio= ns

9.&= nbsp;     (a)    A Guarantor’s obligations under this Guarantee and Indemnity are a primary obligation. Tr= ade Products is not obliged to proceed against or enforce any collateral securi= ty or any other right against the Buyer or demand payment from the Buyer before Trade Products is entitled to enforce the guaranteed obligations.

(b)       The Guarantor hereby charges in favour of Trade Products all i= ts respective right, title and interest in any land owned by the Guarantor, including any land the buyer may acquire in the future, (‘the land’) to better secure all amounts owing by the Guarantor to Trade Products and the performance of the Guarantor’s obligations under the= ses conditions and the Guarantor agrees that Trade Products may register a cave= at over the land in relation to this charge.

Interpretation

10.=     (a)    If any provision of this Guarantee and Indemnity is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly.

(b)       If, notwithstanding paragraph 10(a) a provision is still void, voidable, unenforceable or illegal:

(i)          &nb= sp;         if the provision would not be void, voidable, unenforceable or illegal if a wo= rd or words were omitted, that word or those words are severed; and=

(ii)          &n= bsp;        in any other case, the whole provision is severed;

and the remainder of this Guaranteed and Indemnity will = be of full force and effect.

(c)       Words denoting the singular include the plural and vice versa.<= /p>

(d)       Words denoting individuals include bodies corporate and trusts and vice versa.

(e)       Headings are for convenience only and will not affect interpretation.

(f)       Reference to a clause, schedule or paragraph is a reference to a clause, schedule or paragraph of this Guarantee and Indemnity.

(g)       Reference to a document or agreement is a reference to that document or agreement as changed, notated, or replaced from time to time.

(h)       Reference to money is a reference to the lawful currency of the Commonwealth of Australia.

(i)        None of the terms of this Guarantee and Indemnity, or anything done under of by virtue of this Guarantee and Indemnity or any other agreement, instrument or document, or judgment or order of any court or judicial proceeding, will operate as a merger of any of the rights and remedies available to Trade Products, and those rights and remedies will at all times continue in force= .

(j)        The Guarantee and Indemnity will be governed by and construed in accordance with the law for the time being in force in the State of = Victoria, and the parties, by entering= into this Guarantee and Indemnity are deemed to have submitted to the non-exclus= ive jurisdiction of the courts of that State.

(k)       This agreement will be binding upon and inure to the benefit of the parties, and unless repugnant to the sense or context, to their respective administrator= s, personal representatives, successors and permitted agents and assigns.=

 

EXECUTED as a deed this =             &nb= sp;            =    day of       &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =   20       .

 

 

Signed by the Guarantor:=             &nb= sp;            =       _____________________________________= _______________

 

In the presence of: = ;            &n= bsp;            = ;             <= /span>____________________________________________________

 

 

 

Signed by the Guarantor:=             &nb= sp;            =       _____________________________________= _______________

 

In the presence of: = ;            &n= bsp;            = ;             <= /span>____________________________________________________

 

=  

=  

=  

=  

=  

=  

= TRADE PRODUCTS TRADING TERMS & CONDITIONS

Interpretation<= /o:p>

1. &nbs= p; In these conditions:

(1)    ‘Trade Products’ means (us) Trade Products Pty Ltd (ACN) 121 727 491 of 15 Yuilles Road, Mornington, 3931 which is the seller of the goods.

(2)    ‘Buyer’ means (you) the purchaser of the goods specified in the purchaser order.

(3)    ‘Goods’ means any goods supplied by Trade Products to the Buyer.<= /p>

(4)    Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condit= ion, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

General

2. &nbs= p; These conditions (which shall only be waived in writing signed by Trade Products)= shall prevail over all conditions of the buyer’s order to the extent of any inconsistency.

Terms of sale

3. &nbs= p; The goods and all other products sold by Trade Products are sold on these terms= and conditions.

(a) &nb= sp;  If you are under age eighteen (18) years old you cannot place orders with Trade Products. By accepting these Terms and Conditions you acknowledge that you = are over the age of eighteen (18) years. Should Trade Products suffer any damag= e or other losses as a result of a transaction entered into by a minor, Trade Products reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with= Trade Products.

Trade Products’ quotations

4. &nbs= p; Unless previously withdrawn, Trade Products’ quotations are open for accepta= nce within the period stated in them or, when no period is so stated, within 30 days only after its date. Trade Products reserves the right to refuse any o= rder based on any quotation within 7 days after the receipt of the order.

Shortage

5. &nbs= p; The buyer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with Trade Products within s= even (7) days from the date of receipt of goods by the buyer.<= /p>

Drawings, etc

6.      (a)    Al= l specifications, drawings, and particulars of weights and dimensions provided by Trade Produ= cts are approximate only and any deviation from any of these things does not vitiate any contract with Trade Products or form grounds for any claim agai= nst Trade Products.

(b)    The descriptions, illustrations, diagrams and performances contained in catalog= ues, price lists and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods.

(c)    Where specifications, drawings or other particulars are supplied by the buyer, Trade Products price is made on estimates of quantit= ies required. If there are any adjustments in quantities above or below the quantities estimated by Trade Products and set out in a quotation, then any such increase or decrease are to be adjusted on a unit rate basis according= to unit prices set out in this document or in the quotation.=

Performance

7.  Any performance figures given = by Trade Products are estimates only. Trade Products is under no liability for damag= es for failure of the goods to attain such figures unless specifically guarant= eed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.

Delivery

8.   &nbs= p;  (a)    The delivery times made= known to the buyer are estimates only and Trade Products is not be liable for late delivery or non-delivery.

(b)    Trade Products is not liable for any loss, damage or delay occasioned to the buye= r or its customers arising from late or non-delivery or late installation of the goods.

(c)    Trade Products may at its option deliver the goods to the buyer in any number of instalments unless there is an endorsement in the purchase order to the eff= ect that the buyer will not take delivery by instalments.

(d)    If Trade Products delivers any of the goods by instalments, and any one of tho= se instalments is defective for any reason:

(1)    it is not a repudiation= of the contract of sale formed by these conditions; and

(2)    the defective instalmen= t is a severable breach that gives rise only to a claim for compensation.

Loss or damage in transit

9.  Trade Products is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not Trade Products is legally responsible for the person who caused or contributed to that loss or damage).

Guarantee

10.  (1)      Trade Products’ liability for any goods manufactured by it is limited to ma= king good any defects by repairing the defects or at Trade Products option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched so long as:

(a)    defects have arisen sol= ely from faulty materials or workmanship;

(b)       the goods have not received maltreatment, inattention or interference;

(c)       the goods have not been incorrectly installed by the Buyer;

(d)    accessories of any kind= used by the buyer are manufactured by or approved by Trade Products;<= /span>

(e)    the seals of any kind o= n the goods remain unbroken; and

(f)     the defective par= ts are promptly returned free of cost to Trade Products.

(2)    If the goods are not manufactured by Trade Products the guarantee of the manufacturer of those goods is accepted by the buyer and is the only guaran= tee given to the buyer in respect of the goods. Trade Products agrees to assign= to the buyer on request made by the buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to Trade Products under any contract or by implication or operation of law to the extent that= the benefit of any warranty or entitlement is assignable.

(3)    Trade Products is not liable for and the buyer releases Trade Products from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by Trade Products and the responsibili= ty for any claim has been specifically accepted by Trade Products in writing. = In any event Trade Products’ liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 10(1= ) of these conditions.

(4)    Except as provided in these conditions, all express and implied warranties, guaran= tees and conditions under statute or general law as to merchantability, descript= ion, quality, suitability or fitness of the goods for any purpose or as to desig= n, assembly, installation, materials or workmanship or otherwise are expressly excluded. Trade Products is not liable for physical or financial injury, lo= ss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising= out of Trade Products’ negligence or in any way whatsoever.

11.   Trade Products’ liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited = to:

(1)    in the case of goods, any one or more of the following:

    the replacement of the = goods or the supply of equivalent goods;

    the repair of the goods= ;

    the payment of the cost= of replacing the goods or of acquiring equivalent goods;

    the payment of the cost= of having the goods repaired; or

(2)    in the case of services:

    the supplying of the se= rvices again; or

    the payment of the cost= of having the services supplied again.

12.   Trade Products’ liabil= ity under s 74H of the Trade Practices Act 1974 is expressly limited to a liabi= lity to pay to the purchaser an amount equal to:

(1)    the cost of replacing the goods;

(2)    the cost of obtaining equivalent goods; or

(3)    the cost of having the goods repaired, whichever is the lowest amount.

Prices

13.  &n= bsp; (a)    Unless otherwise stated= all prices quoted by Trade Products are inclusive of Goods and Services Tax (GS= T). If prices are quote excluding GST an amount equivalent to the prevailing ra= te of GST will be charged to the Buyer and payable in addition to any price quoted.

&nb= sp;        (b)    Trade Products always s= eeks to list products with the most competitive prices

&nb= sp;        (c)    Trade Products reserves= the right to change prices for products displayed at any time.

(d)=     Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and any other char= ges affecting the cost of production ruling on the date is made.

(e)=      If Trade Products makes any alterations to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the buyer’s account.

(f)&= nbsp;      It is the responsibility of the Buyer to inform itself of the current ruling price.

Payment

14.    (1)  The purchase price in relation to goods is payable net and payment of the price= is due strictly before delivery. SAVE AND EXCEPT for Buyers having entered int= o a Credit Account pre-approved by Trade Products where the purchase price is payable strictly on or before 30 days from the delivery date of the goods (‘the due date’)

(2)  If the Buyer has not paid for any goods by the due date, without prejudice to = any other right or remedy:

  =    (a)  all outstanding money carries inter= est on daily balances until paid at a rate of interest per annum equal to 14% or o= ther such rate as Trade Products notifies the buyer in writing from time to time; and

  =    (b)  Trade Products may recover the purc= hase price of the goods together with all interest forthwith from the buyer as a liquidated debt in a court or tribunal of competent jurisdiction irrespecti= ve of any claim that the buyer may have against Trade Products for any thing o= r matter related to the goods delivered under this contract.

Rights in relation to goods

15.   (1)     Trade Products re= serves the following rights in relation to the goods until all accounts owed by the buyer to Trade Products are fully paid:

(a)&= nbsp;      ownership of the goods;

(b)       to enter the buyer’s premises (or the premises of any associated company= or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and

(c)       to keep or resell any goods repossessed pursuant under paragraph (b) of this clause 15(1). If the goods are resold, or produ= cts manufactured using the goods are sold, by the buyer, the buyer shall hold s= uch part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Trade Products and shall= pay such amount to Trade Products upon request. Notwithstanding the provisions above Trade Products shall be entitled to maintain an action against the bu= yer for the purchase price and the risk of the goods shall pass to the buyer up= on delivery.

(2)       Trade Products and the buyer agree:

(a)       that the buyer is bailee of the goods until such time as prope= rty in them passes to the buyer and that this bailment continues in relation to each of the goods until the purchase price has been paid in full;

(b)       that pending payment in full for the goods, the buyer must ins= ure the goods for their full insurable or replacement value (whichever is the higher) with a reputable and competent insurer;

(c)       that the buyer will not supply any of the goods to any person outside its ordinary or usual course of business;  and

(d)       that the buyer will not allow any person to have or acquire any security or interest in the goods.

(3)       In the event that the buyer fails to pay for the goods by the = due date; commits an act of bankruptcy or becomes insolvent or bankrupt; or is placed in receivership or voluntary administration; enters into any type of arrangement with creditors; is the subject of a petition for winding up or = is wound up; or otherwise fails to observe its obligations under these conditi= ons, Trade Products may exercise its rights under clauses 15(b) and 15(c) and terminate the further supply of goods.

(4)       The buyer hereby charges in favour of Trade Products all its respective right, title and interest in any land owned by the buyer, includ= ing any land the buyer may acquire in the future, (‘the land’) to better secure all amounts owing by the buyer to Trade Products and the performance of the buyer’s obligations under theses conditions and the buyer agrees that Trade Products may register a caveat over the land in relation to this charge.

Buyer’s property

16.  Any property of the buyer und= er Trade Products’ possession, custody or control is completely at the buyer’s risk as regards loss or damage caused to the property or by i= t.

Storage

17.   Trade Products reserves the right to make a reasonable charge for storage if delivery instructions are = not provided by the buyer within fourteen days of a request by Trade Products f= or such instructions. The parties agree that Trade Products may charge for sto= rage from the first day after Trade Products requests the buyer to provide deliv= ery instructions.

Returned goods

18.  &n= bsp; (a)    Trade Products will not= be under any duty to accept goods returned by the buyer and will do so only wi= thin 7 days of the delivery date and on terms to be agreed in writing in each individual case. All requests for returns must accompany a request for cred= it quoting Trade Products invoice number on which the goods were supplied.

(b)&= nbsp;      If Trade Products agrees to accept returned goods from the buyer under para (a= ) of this clause 18, the buyer must return the goods (at he Buyers expense) to T= rade Products at Trade Products’ place of business referred to at the head= of these conditions in the good’s original packaging.<= /p>

(c)&= nbsp;      All returns will be subject to a re-stocking fee being 20% of invoice value.

(d)&= nbsp;      Special orders, products that have been reworked, painted or specially manufactured cannot be returned unless with the written approval of Trade Products.=

Goods sold

19.  All goods to be supplied by T= rade Products to the buyer are as described on the purchase order agreed by Trade Products and the buyer and the description on such purchase order modified = as so agreed prevails over all other descriptions including any specification, diagram or enquiry of the buyer.

Cancellation

20.  No order may be cancelled exc= ept with Trade Products’ consent in writing and on terms which will indem= nify Trade Products against all losses.

Place of contract

21.  &n= bsp; (a)    The contract for sale o= f the goods is made in the State of Victoria (but applies Australia Wide)

(b)    The parties irrevocably submit all disputes arising between them to the courts = of such state and any court competent to hear appeals from those courts of fir= st instance.

 

ADDITIONAL= WEBSITE TERMS AND CONDITIONS (for orders placed through our website)

Delivery

22.      Delivery time takes up to 10 working days from the date th= at your payment is received. In all instances an estimated delivery time will = be displayed at the check out for your product. Tr= ade Products makes every effort to deliver your Product according to the estima= ted delivery times provided by Trade Products at checkout. The estimated delive= ry times are in business days (Monday through Friday) excluding Public holiday= s.

Although every effort is made to ship your Order accordi= ng to the estimated delivery times provided, estimated ship times may change d= ue to changes in supply or circumstances beyond our control. We encourage you = to visit the "Your Account" section on our website to view the deliv= ery status of your Products.

Unless otherwise agreed by us, we will deliver your Prod= ucts to the address indicated on your Order Confirmation. If no-one is available= to take delivery of your Products, our carrier will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date f= or delivery.

We will use our reasonable efforts to deliver your Produ= cts to you within the estimated delivery time indicated on your Order Confirmat= ion; however, we do not guarantee that we will deliver within this time frame. <= o:p>

Placing your Order

23. You may place an Order by filling in the = Order Form on the Trade Products Web Site and clicking the "Submit My Order" button.

Please note we have a minimum order size of $30.00. Orde= rs under $30.00 will not be processed.

When you place your Order, we will issue you with an Ord= er Number. We will do this by email.

By placing an Orde= r, you make an offer to us to purchase the Products you have selected based on the= se Terms and Conditions.

Information contai= ned on the Trade Products website constitutes an invitation to treat. No informati= on on our website constitutes or should be deemed as an offer by us to supply = any products, however Trade Products will make every effort to supply Products = to you.

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We will notify you= that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Trade Products and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in th= eir sole discretion.

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We will confirm ac= ceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot proce= ss or accept your Order after payment is received we will contact you by email or telephone.

Payment Me= thods And Processing

24   Trade Products currently accepts Visa, MasterCard, PayPal direct deposit or chequ= e. Payment processing will not begin until we receive all the information we n= eed.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Mon= day through Friday, excluding Victorian public holidays.

We process credit card payments after you click the "Submit My Order" button.

Where you pay by PayPal, direct deposit or cheque you mu= st pay the price payable in Australian dollars as indicated on your Order Confirmation within 7 days from the date that you receive your Order Confirmation. When paying by cheque payment must be cleared before order wi= ll be processed. If a PayPal, direct deposit or cheque payment is not received within 10 days from the date that you receive your Order Confirmation, Trade Products reserves the right to cancel the transaction.

For credit card payments we will email a tax invoice to = you with your Order Confirmation. Where you pay by PayPal, direct deposit or ch= eque a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.

Please Note:

  • We are unable= to accept credit cards issued by banks outside of = Australia.
  • Debit cards a= nd cheque cards have daily spending limits that may substantially delay t= he processing of your order.
  • You may be re= quired to provide further identification for additional security reference checks.

Your Accou= nt" - Your Credits

25.        &= nbsp;   "Your Account" with Trade Products has a credit facility. You may only use credits in "Your Account" as detailed here. There are only two (2) types of Credit available for use in "Your Account".

"Coupons or Gift Voucher"

Trade Products in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.

Coupons or Gift Certificates can only be used towards the payment of Products on our website.

Lost Gift Vouchers will not be replaced. Gift Vouchers are not redeemable for ca= sh and are not available in conjunction with any other offer or discount.=

Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon = will accompany that Coupon. Trade Products will determine the content of Terms a= nd Conditions governing Coupons in its absolute discretion. =

Where a Coupon is used towards the payment of a Product (or Products):

1.        There may be an outstanding balance due on the Product; = and

2.        Where you hold any Credits within "Your Account&quo= t;, they must first be applied towards any outstanding balance due on the Produ= ct; and

3.        In the event that you have insufficient (or no) credit in "Your Account", and where you hold any Refund Credits within "Your Account", they must then be applied towards any outstanding balance due on the Product.

4.        In the event that you have insufficient (or no) Refund Credits in "Your Account", you must thereafter pay any outstanding balance due on the Product by Visa, MasterCard, PayPal cheque or Direct Deposit.

"Refunded Credits"

Under the Trade Products Limited Warranty we may credit "Your Account" = with a Refund Credit from time to time. Trade Products will only provide Refund Credits under the Terms and Conditions detailed above.

Where "Your Account" holds Refund Credits and you place an Order for a Product or Products:

1.        Any (applicable) Coupon and/or gift certificate that may= be in your in "Your Account" credit facility must first be applied towards payment of the Product (or Products);

2.        In the event that (any applicable) Coupon and/or Gift certificate are insufficient for full payment of the Product (or Products),= you must apply your Refund Credits towards the outstanding balance due on the Product (or Products); and

3.        Where any outstanding balance due on a Product (or Produ= cts) is less than the total Refund Credits in "Your Account", you reta= in the future use of any unused Refund Credits to apply towards any future Pro= duct payments; or

4.        In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by Visa, MasterCard, PayPal, cheque or direct debit.

You can only request to redeem the full amount of your Refund Credits held in "Your Account". To redeem your Refund Credits contact Customer Se= rvice. We will only redeem Refund Credits by a cheque sent to your mailing address= .

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