Terms and Conditions of Sale

Posted on 01 Dec 2016


CREDIT TERMS | GENERAL TERMS AND CONDITIONS OF SALE

 

 

CREDIT TERMS

STRICTLY NET 30 DAYS FROM INVOICE DATE (REFER GENERAL TERMS AND CONDITIONS FOLLOWING)

I/We acknowledge and agree that this application constitutes an offer to Frucor, and Frucor may accept or refuse this application at its sole discretion

I/We have read the application form and the general terms and conditions of sale which is attached hereto and upon due consideration of its contents, acknowledge that such terms and conditions apply to all contracts entered into between “The Applicant” and “Frucor” unless varied in writing by both the Applicant and Frucor.

The information contained in this Application that I/We have supplied is true and accurate in all respects

“The Applicant” has authorised the provision of the information contained herein, the making of this application and agrees to the terms specified herein;

“The Applicant” will advise “Frucor” by registered mail or fax immediately upon any material change to the information contained in this applications;

The supply of credit or granting of any rights and sale and distribution of products by “Frucor” to “the Applicant” following upon consideration of this application is at the absolute discretion of “Frucor” and may (as regards future supply of credit or ongoing rights of distribution) be cancelled or varied by “Frucor” at its absolute discretion, at any time, whether or not “The Applicant” has been complying with the general terms and conditions of sale.

Acknowledgement that Frucor can disclose my/our personal information to Credit Agencies

I/We acknowledge that “Frucor” can give information about my/our personal credit information to a credit-reporting agency. This personal credit information includes:

  • My/Our full name(s) and details contained in this application. Including any known aliases, sex and date(s) of birth;
  • A maximum of my/our respective three addresses consisting of the last known address and two immediately preceding addresses;
  • The name of my/our respective current or last known employer(s)
  • My/Our drivers license number(s)
  • The fact that I/We have applied to Frucor for credit and the amount (where applicable)
  • Details of cheques drawn by me/us for $100 or more which have been dishonored
  • The credit provided to me/us by Frucor has been paid or otherwise discharged

Agreement that Frucor may seek Credit Reports to assess the Application

  • I/We agree that the Application constitutes an application for commercial credit;
  • If Frucor considers it relevant to assessing my/our Application for commercial credit, I/We agree to Frucor obtaining from a credit reporting agency a credit report containing personal credit information about me/us in relation to commercial credit provided by Frucor

Agreement that Frucor may exchange my/our personal credit information with other credit providers

  • I/We agree to Frucor obtaining personal credit information about me/us from other credit providers whose names I/We may have provided for Frucor or that may be named in a credit report, for the purpose of assessing my/our Application for commercial credit, made to the Company.
  • I/We understand that this information may be used for the following purposes;
    • To assess all application/s by me/us for commercial credit;
    • To notify other credit providers of a default by me/us;
    • To exchange information with other credit providers as to the status of the credit given by me/us by Frucor as a result of the application where I/We am in default with other providers; or to assess my credit worthiness.

 

GENERAL TERMS AND CONDITIONS OF SALE

All quotations made or given by Frucor Beverages (Australia) Pty Ltd (Company) are given subject these General Terms & Conditions of Sale (and any other terms notified in writing by the Company from time to time) (Terms). A quotation is not an offer by the Company, and may be withdrawn or varied by the Company in its discretion. Any order placed with the Company for any goods is an offer by the Customer to purchase the particular goods subject to the Terms and for the price notified (including the delivery and other charges and taxes) at the time of placing  the order. 

  1. The Company reserves the right to accept or reject the Customer’s order for any reason, including if any requested goods are not available, if there is an error in the price or the description of the goods, or an error in the order. Each order placed by the Customer for goods from the Company that is accepted by the Company results in a separate binding agreement between the Customer and the Company for the supply of those goods. Orders accepted by the Company may only be cancelled (in whole or in part) with the Company’s written consent. The Company reserves the right to charge the Customer for any costs or losses incurred by the Company relating to that order up to and including the date on which cancellation is accepted by the Company. 
  2. References to amounts owing to the Company for products and services, and payment in respect thereof, include all Government taxes and imposts in respect of such products and/or services levied from time to time, including but not limited to Goods and Services Tax. 
  3. Payment terms are strictly “C.O.D.” (cash on delivery) unless otherwise agreed in writing between the customer and the Company. If terms have been otherwise agreed (“the due date”) and the Company does not receive payment by the due date, then the customer shall pay the Company: 
    • a. Interest, computed from the ‘due date’ until payment, at the rate of 3% per annum above the Westpac Bank reference lending rate for overdraft facilities (calculated on a daily basis) on the unpaid portion of any amount due to the Company. 
    • b. The costs and expenses (including legal costs on a solicitor/client basis) incurred by the Company in obtaining payment of any amount not paid by the due date. 
  4. Returnable packaging materials (e.g. crates, pallets, and otobins) remain the property of the Company unless paid for, returned or replaced in kind and may be invoiced separately by the Company to the Customer after such goods have not been returned or replaced. 
  5. Subject to any rights or remedies which arise under the Trade Practices Act or any other Federal, State or Territory laws which may not be excluded, where any right or remedy may be excluded or limited, the Company hereby excludes all such rights or remedies and limits its liability under such rights or remedies which are not capable of exclusion to the maximum extent permitted by law. Subject to foregoing: 
    • a. The Company will not recognise claims which are not received within 72 hours of the time of delivery of any goods to or at the direction of the Customer; 
    • b. As every care is used in the packaging of goods, no responsibility is taken for any loss or damage which occurs in transit; 
    • c. No warranty, condition, undertaking or loan, express or implied, statutory or otherwise as to the condition, quality, performance, merchantability or fitness for purpose of the goods is given or assumed and all such warranties, conditions, undertakings and terms are hereby excluded, not withstanding anything else contained in those terms. The Company and its agents shall not be liable for loss of profits or contracts or loss of use or for any indirect economic or consequential loss whether arising from negligence, breach of contract or of statutory duty or otherwise howsoever; 
    • c. Every effort will be made to make deliveries on time. Failure to do so due to circumstances outside of the company’s reasonable control including, but not limited to, strikes, lockouts, raw material storages, accidents or breakdowns of plant machinery, does not constitute a breach of contract; 
    • e. The Company will accept no claim for shortages unless endorsed on the delivery docket and invoice at the time of delivery. The Company will not accept an endorsement “Subject to Check”. It is the responsibility of the Customer to check cartons at the time of delivery. 
  6. Subject to Clause 4, the customer shall indemnify and keep indemnified and hold the Company harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by the Company and from and against all actions, proceedings, claims or demands made against the Company arising as a result of: 
    • a. The customer’s failure: 
      • (i) to ensure that any safety markings on the goods are adequately displayed; 
      • (ii)to comply with any legislation as to the labeling or marking of foods; 
      • (iii) to take any other reasonable precautions either to bring to the attention of any potential users of the goods any dangers associated with the goods, or to detect any matters in relation to which the Company may become liable, including, without limitation, liability, under Part VA of the Trade Practices Act: or 
      • (iv) otherwise to comply with any laws, rules, standards or regulations applicable in relation to the goods or the use of the goods; 
    • b. any other negligence or other breach of duty by the customer; or 
    • c. any compliance or adherence by the Company with any instructions of the customer in relation to the goods or their manner of preparation 
    • a. Risk in the goods shall pass at the time of delivery by the Company either at the place of unloading if transport is effected by the Company, or its agent, or at the place of loading at the Company’s premises if transport is effected by the customer or its agent. 
    • b. Title to all goods supplied by the Company shall remain with the Company until payment in full of all monies owing buy the Customer to the Company on any account. Prior to such payment in full, the customer shall hold all goods supplied by the Company as bailee for the Company. If the goods are sold or disposed of by the customer prior to such a payment in full, any amount received by the customer shall be set aside and held in trust by the customer for the Company pending payment in full. 
    • c. If any payment by the customer to the Company is overdue, in whole or in part, or the customer is otherwise in default under any contract with the Company, or the customer shall become insolvent or suffer some form of external administration appointment, all sums then owing by the customer to the Company shall become immediately due and payable and the Company may (without prejudice to any of its other rights) recover and resell the goods and may, for the purpose, enter upon the customer’s premises by its servants or agents. The Company is irrevocably authorised to effect such entry, and to use the name of the customer and to act on behalf of the customer, if necessary, to recover possession of the goods. 
    • d. The Company shall insure the goods until delivery. The customer shall effect and maintain adequate insurance against loss or damage to the goods between the time of delivery and passing of title in a full and proper amount. If the proceeds of such insurance are received prior to payment in full for the goods, such proceeds shall be held by the customer as trustee for the Company and shall at the opinion of the Company, be applied in or towards such payment, but otherwise the Company shall be entitled to make claim under that insurance for the loss of its goods (as the case may be).