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terms & conditions

Terms and Conditions of sale

All Orders given to Concept Brands Pty Ltd (hereafter Concept Brands), ABN No 50 130 777 730 are subject to the following Terms and Conditions.

1. Definitions and Interpretations

1.1 In these Terms and Conditions:

"Delivery Address" means the delivery address of the Customer stated in an Order; "Contract" means the contract resulting from the acceptance by Concept Brands of an Order in accordance with clause 2.3;

"Credit Application Form" means Concept Brands credit application form by which a Customer can apply for credit account with Concept Brands in respect of the sale of Goods;

"Customer" means any person who enters into a Contract with Concept Brands for the sale and purchase of Goods;

"Delivery Time" means the time of delivery of the Goods either to the Delivery Address of the Customer or to the carrier of the Customer;

"GST" means any amount paid or payable under any GST law as that expression is defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

"Loss" means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental;

"Order" means an order placed with Concept Brands for the sale and delivery of Goods;

"Order Confirmation" means a written confirmation of the Order by Concept Brands which may be in the form of an invoice provided to the Customer by facsimile transmission or email or delivered to the Customer upon delivery of the Goods;

"Price" means the price for the Goods specified in the Order Confirmation;

"Goods" means the goods supplied or to be supplied by Concept Brands to the Customer from time to time pursuant to the Contract;

"Terms and Conditions" means these terms and conditions as amended from time to time by Concept Brands

1.2 In these Terms and Conditions (including defined terms), unless the context otherwise requires:

(a) the singular includes the plural and vice versa and each gender includes each other gender;

(b) headings are included for convenience only and do not affect the interpretation of these Terms and Conditions.

2. Formation of Contract of Sale of Goods

2.1 These Terms and Conditions supersede all previous terms and conditions imposed by Concept Brands and may only be varied in writing by Concept Brands.

2.2 Each Order will constitute an offer by the Customer to acquire Goods from Concept Brands upon and subject to the Terms and Conditions and to the exclusion of all other terms and conditions and notwithstanding any qualifications of the Terms and Conditions (including any terms and conditions contained in any Purchase Order or other document of the Customer) unless expressly agreed by Concept Brands in writing. Any price lists or quotations given by Concept Brands to a Customer are an invitation to the Customer to place an Order only.

2.3 A contract will only be made between Concept Brands and the Customer for the sale and purchase of Goods if and upon the acceptance of the Order by Concept Brands by the provision to the Customer of an Order Confirmation.

2.4 An Order may only be made by the Customer to Concept Brands;

(a) in writing, by facsimile transmission or by electronic data interchange;

(b) by telephone, if within 3 business days of the placement of the Order, it is confirmed by a means outlined in (a).

2.5 The Contract resulting from the provision of the Order Confirmation cannot be cancelled by the Customer without Concept Brands written consent and Concept Brands may at its discretion impose a reasonable cancellation charge.

3. Payment Terms

3.1 The Customer agrees to pay a 10% deposit to Concept Brands for all cut to order products 8 weeks prior to delivery and then the Price in full prior to the immediate delivery of the Goods, for the first three months and then once the Customer has completed and returned a Credit Application Form and Concept Brands has agreed to extend credit to the Customer, in which case the Customer agrees to pay the Price in full on or before the expiry of 30 days from the date of delivery of the Goods or as otherwise agreed with Concept Brands.

3.2 If the Price is not paid in full as and when due in accordance with clause 3.1, then Concept Brands shall have the right to charge interest at a rate of 1.25% per month from the due date to the date that the account is paid in full and should the account be referred to a collection agency the Applicant shall pay a 15% collection fee plus legal costs on a solicitor/own client basis.

3.3 If Concept Brands agrees to extend credit to the Customer, the Customer agrees to the terms stated in the Credit Application Form as terms and conditions of the Contract.

3.4 The Price is GST exclusive unless stated otherwise. The Customer must pay to Concept Brands any GST which Concept Brands is liable to pay in respect of supplies made by Concept Brands under these Terms and Conditions, at the same time and in the same manner as first payment is made for the supply to which the payment relates.

3.5 Prices, fees and charges are subject to change without notice.

Title and Risk

3.6 The Customer acknowledges and agrees that no title to the Goods shall pass to the Customer until the Price has been paid to Concept Brands in full.

3.7 Risk of Loss or damage to the Goods will pass to the Customer at Delivery Time.

4. Delivery

4.1 The Delivery Time shall be a time or during a period agreed by Concept Brands and the Customer.

4.2 Concept Brands reserves the right to withdraw an Order Confirmation at any time before the Delivery Time and will not be liable for any Loss whatsoever arising from its failure to deliver any or all of the Goods.

4.3 Any term of the Contract relating to the quantity of Goods is not the essence of the Contract. Concept Brands reserves the right to make partial deliveries against an Order and to invoice each partial delivery separately and the Customer cannot reject Goods on the basis of partial delivery.

4.4 Where Goods remain in the possession of Concept Brands after the Delivery Time (including where the Customer fails for whatever reason to take delivery of the Goods), Concept Brands is entitled to charge the Customer for all Loss occasioned by the Customer not accepting delivery together with any costs and Loss in respect of the carriage, care and custody of the Goods.

4.5 Unless otherwise agreed by Concept Brands, all Goods will be delivered to the Delivery Address.

4.6 The Customer must ensure that it or its employees or agents are in attendance at the Delivery Address at the agreed time or agreed period for delivery to accept delivery of the Goods and to acknowledge receipt upon the consignment note or invoice accompanying the Goods.

5. Inspection, Acceptance of Goods and Customers obligations

5.1 The Customer must inspect the Goods at the Delivery Time and if no inspection is so made, is deemed to have accepted the Goods.

5.2 The Customer has no claim for shortages, defects or any Loss in respect of Goods apparent on inspection unless:

(a) a complaint is made to Concept Brands within 3 business days of the Delivery Time specifying the shortage or defect; and

(b) Concept Brands is, after receipt of the complaint, permitted to inspect the Goods and investigate the complaint.

5.3 If a complaint is not made to Concept Brands in accordance with clause 5.2, the Goods delivered will be deemed to be in accordance with the Contract, and Concept Brands will not be held liable for any future Losses regarding the use or application of the Goods, and the Customer is bound to pay for them accordingly.

5.4 Concept Brands will only accept the return of Goods from the Customer where:

(a) the Customer has complied with clause 5.2 and Concept Brands is satisfied as to the claim by the Customer; and

(b) the Goods are returned to Concept Brands in the same condition as when first delivered to the Customer.

5.5 If the Customer does not return Goods using Concept Brands carrier, the Customer must bear the freight costs.

5.6 Where incorrect Goods are Ordered, an incorrect item number for Goods is used, an incorrect unit of issue or pack size is Ordered, an Order exceeds the Customer's requirements, an incorrect account number is used, or an Order is duplicated, the Customer may after receiving written authority from Concept Brands, return the Goods to Concept Brands subject to the Goods being returned in the same condition as when first delivered to the Customer and subject to the Customer bearing the freight costs of the delivery and return of the Goods.

5.7 Where Goods are returned to Concept Brands in accordance with the above provisions Concept Brands must issue a credit note in respect of any amounts paid by the Customer in respect of those Goods.

6. Liability

6.1 Legislation such as the Trade Practices Act 1974 (Cth) may imply into these Terms and Conditions warranties or conditions or impose obligations which cannot be excluded, restricted or modified and these Terms and Conditions are read subject to such statutory provisions.

6.2 All other conditions, warranties, representations, liabilities, and obligations, whether implied or imposed by statute, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the extent permitted by law.

6.3 In the event that Concept Brands breaches its obligations referred to in clause 6.1, to the extent allowed by law, its liability is limited to any one or more of the following, at its election:

(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 acquiring equivalent goods; or

(d) the payment of the cost of having the goods repaired.

6.4 The total liability of Concept Brands under these Terms and Conditions is, to the extent permitted by law, expressed in this clause 6 and Concept Brands will under no circumstances be liable to the Customer for any Loss incurred by the Customer or any other party resulting directly or indirectly out of the supply by Concept Brands to the Customer or out of any breach of Concept Brands under these Terms and Conditions or out of the negligence of Concept Brands.

6.5 Nothing in these Terms and Conditions shall exclude or modify any conditional warranty implied by law where to do so would render these Terms and Conditions void.

7. General

7.1 These Terms and Conditions take effect, are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia.

7.2 These Terms and Conditions are subject to change without notice.

7.3 The parties agree that any action arising out of, or relating to these terms may only be brought by a court of competent jurisdiction in the State of New South Wales, Australia.

7.4 If any of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, it will be struck out and the remaining terms and conditions will remain in force.

7.5 If we do not act in relation to a breach by you of these terms and conditions, this does not waive Concept Brands right to act with respect to subsequent or similar breaches.

7.6 You may not assign or transfer any rights or benefits you may receive under these terms and conditions to any other person or entity without the prior written consent of Concept Brands.

 
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