MIME-Version: 1.0 Content-Type: multipart/related; boundary="----=_NextPart_01CC7914.22492EB0" This document is a Single File Web Page, also known as a Web Archive file. If you are seeing this message, your browser or editor doesn't support Web Archive files. Please download a browser that supports Web Archive, such as Microsoft Internet Explorer. ------=_NextPart_01CC7914.22492EB0 Content-Location: file:///C:/6A74CAAD/CompleteAccountForm.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii"
TRADE PRODUCTS PTY LTD ACCOUNT APPLICATION FORM
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;……
Surname: &nbs=
p; ………=
8230;…………... ……=
230;…………….. ………………=
;……. ……………=
……….
Given Names: =
=
span>…………………….. ………………=
;…….. ………………=
;……. ……………=
……….
Address: &nbs=
p; ……=
230;…………….. ………………=
;…….. ………………=
;……. ……………=
……….
=
&nb=
sp; ………………R=
30;….. ………………=
;…….. ………………=
;……. ……………=
……….
Home Telephone: &nb=
sp; ………&=
#8230;………….. ………………=
;…….. ………………=
;……. ……………=
……….
Date of Birth: &nbs=
p; &=
nbsp; …………………….. ………………=
;…….. ………………=
;……. ……………=
……….
Do you own or lease your premises? Own
Lease
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
- 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;
(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.
(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
(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
1. &nbs=
p; In
these conditions:
(1) ‘Trade
Products’ means (us) Trade Products Pty Ltd (ACN) 121 727 491 of
(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.
(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.
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,
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;
(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:
(a) the replacement of the =
goods
or the supply of equivalent goods;
(b) the repair of the goods=
;
(c) the payment of the cost=
of
replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost=
of
having the goods repaired; or
(2) in
the case of services:
(a) the supplying of the se=
rvices
again; or
(b) the payment of the cost=
of
having the services supplied again.=
a>
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) =
span>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.
(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
(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.
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.
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.
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.
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:
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=
.
=
=
=
=
=
=
|
PAGE |