30 Verulam Rd Lambton, NSW 2299 | Phone (02)4952 4544 | Mon-Fri 7am-5pm, Sat 8am-12pm

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The terms of trade include our returns policy as well as our terms & condition of sale. To download a PDF copy of our terms of trade click the button above. To view our full terms of trade here on the website follow the "Read More" link or continue reading down this page.

Specialised Wholesale & Plastics - Terms of Trade:

 

Returns Policy

You can choose between a refund, exchange or credit where goods:

  • Are faulty
  • Have been wrongly described
  • Are different to the sample shown to you
  • Do not do what they are supposed to do

Returns will not be accepted without proof of purchase.

Goods returned for credit will not be accepted unless authorised in writing by a Specialised Wholesale Pty Ltd employee. To obtain authorisation, when practicable, please contact our office on 0249524544. A Request for Credit form detailing the original invoice number, date and reason for return will be completed at this time and will be attached to goods when returned. If you are returning goods over the counter a Request for Credit will be completed by an employee at that time. Acceptance of goods returned for credit does not imply agreement to issue a credit note. A credit note will only be issued if the returned goods are found to be satisfactory by Specialised Wholesale management. Where goods are returned as a result of:

  • Change of mind
  • Incorrect goods were ordered
  • Over purchasing

Freight costs will be at the customers expense. Forwarding freight costs will also be charged as applicable. Such returns should be made within 14 days and will also be subject to a handling fee of either:

  1. Value of goods returned under $100 excluding GST Flat fee of $10 + GST.
  2. Value of goods returned over $100 excluding GST 10% of the value of goods returned.

Goods will not be accepted for return for credit, exchange or refund where:

  1. Goods are not returned in their original sealed packets
  2. Goods have been cut or otherwise reworked to purchasers specifications
  3. Goods are specifically manufactured to purchasers specifications
  4. Goods have been altered or damaged by the purchaser
  5. Goods are non stock items and have been specially procured

The purchaser is obliged to open and check all goods supplied and to report any alleged deficiency with details of the invoice number and specification of the claim within 14 days of the date of delivery. Any claims made outside that time will only be accepted for credit at management’s discretion and as a result of extenuating circumstances.

 

Terms & Conditions of Sale

The following are the terms and conditions upon with Specialised Wholesale Pty Ltd may supply goods and services to an accepted monthly credit account customer:

  1. All goods and services supplied by Specialised Wholesale Pty Ltd shall be paid for in full by you within thirty (30) days of the end of the month following delivery.
  2. Goods may only be returned in accordance with our returns policy.

All goods and services are supplied by the above named company (Seller) to another party (Buyer) on the terms and conditions set out in this document (Terms) and no change to these Terms will have any effect unless expressly agreed to in writing by the parties.


1.     Quotation & Purchase Orders

a)    A quotation is then valid for 30 days or such other period as stated in it. No contract arises from a quotation until the Buyer’s order has been accepted by the Seller.

b)    The Seller will not be bound by any condition attaching to the Buyer’s order including any purchase order or acceptance of a quotation unless such condition is expressly accepted by the Seller in writing.

c)    Orders are subject to approval of the Seller's Credit Department and the Seller may at any time alter or suspend credit, refuse shipment or cancel unfilled orders, when in the Seller's opinion the financial conditions of the Buyer or the status of the Buyer's account warrant it.

d)    Changes or cancellations to orders requested by the Buyer will not be effective unless accepted in writing by the Seller. The Buyer is liable for any costs, expenses, and liabilities incurred by the Seller in connection with any change to an order.

2.     Price

a)    Prices quoted by the Seller

i.     do not include  Goods and Services Tax
ii.    are applicable to that quotation only and will not apply in any other instance.
iii.    do not include cost of delivery or fuel surcharge.

b)    Notwithstanding Clause 1(a), the Seller:

I.    is entitled to vary the quoted price for the goods and services at any time prior to delivery if the cost to the Seller in performing the contract is increased by reason of delivery of the goods and services outside normal working hours at the request of the Buyer or to an address other than that originally specified by the Buyer.

II.    is entitled to vary the quoted price for imported goods at any time prior to delivery if the currency used to quote has shifted by more than 2.5% between the date quoted and the date of invoice.

III.    reserves the right to charge prices which apply to goods and services at the time of delivery.

c)    Quoted prices for hire of any fitting tools and equipment in conjunction with supply of goods are subject to change if there is any change in quantity or type of the goods purchased.

3. Goods and Services Tax

a)    Should any Goods & Services Tax as levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended) and any other tax, fee, levy or duty imposed by any competent authority be payable on any of the Goods supplied by the Company, such tax, fee, levy or duty will be to the Buyers account and shall be calculated using the rates and methods of assessment in force at the time of Delivery. The Buyer is liable for any other applicable tax, including, without limitation withholding tax.

4.     Terms of Payment

a)    Where the Buyer has a credit account with the Seller, the invoice amount for the goods or services must be paid in full within thirty (30) days of the end of the month during which the goods or services were invoiced. In all other cases the purchase price for the goods or services must be paid in full on or before delivery.

b)    The Buyer is not entitled to withhold payment or make any deduction from the purchase price of the goods or services in respect of any set off or counterclaim.

c)    If the Buyer fails to pay for any instalment for the goods or services, the Seller may in its absolute discretion, but without prejudice to any other remedy it may have, postpone the fulfillment of the order and under any other order placed by the Buyer until such payment is made. Buyer will pay any extra expenses incurred by the Seller as a result of failure to pay an installment.

d)    The Seller has the right to set off amounts owing by the Buyer to any related or associated entity of the Buyer.

5.     Passing of Property and Risk

a)    Risk in goods supplied by a Seller to the Buyer will pass to the Buyer immediately upon delivery to the Buyer, into the Buyer’s custody or at the Buyer’s direction, whichever happens first.
Notwithstanding the delivery of the goods to the Buyer, full and absolute ownership of and title in the goods supplied by a Seller to the Buyer under these Terms shall not pass to the Buyer until those goods have been paid for in full and in cleared funds.

b)    Until the goods have been paid in full on or before the due date, the Buyer:

I.    will hold any goods as bailee and fiduciary for the Seller;
II.    may not remove or change the manner in which the goods have been labelled by the Seller; and
III.    shall store the goods in a manner which shows clearly that they are the property of the Seller which supplied them;.

c)    The Buyer may sell the goods, as the fiduciary and bailee for the Seller and in the ordinary course of the Buyer’s business, provided that any proceeds resulting from any sale of the goods will be paid to the Seller to satisfy the debt or held by the Buyer in a separate account, on trust, for the Seller.

d)    Where the order is for delivery of goods by instalments, property will not pass in any goods until payment has been made to the Seller for the whole order.

e)    The Buyer irrevocably authorises the Seller at any time to enter onto any premises upon which:
I.    the Seller’s goods are stored to enable the Seller to inspect the goods;
II.    if the Buyer has breached these Terms, to reclaim the goods; and
III.    the Buyer’s records pertaining to the goods are held, to inspect and copy such records.

and the Buyer will indemnify the Seller against any action claim or demand arising out of the exercise by the Seller of its powers under this sub-clause.

f)    In the event of a default, the Seller may without prejudice to any of the Seller’s other rights, demand the immediate return of the goods at the Buyer’s expense.

g)    The Buyer and Seller agree that the provisions of this clause apply notwithstanding any arrangement under which the Seller grants credit to the Buyer.

6.     Delivery

a)    Unless otherwise agreed in writing, the time of delivery is calculated from the date of the order. Although every effort is made by the Seller to keep the delivery date promised, the Seller assumes no liability for any loss or damage occasioned by delays in delivery. Offers for delivery ex stock are subject to confirmation on receipt of order.

b)    Unless otherwise agreed in writing, the Seller is entitled to make delivery by instalments and to determine the route and manner of delivery of the goods.

c)    The Seller is entitled to deliver the goods to the premises notified by the Buyer, even though those premises may be unattended by the Buyer at the time of delivery.

d)    The Seller's delivery records will be prima facie proof of delivery of the goods to the Buyer.

e)    If the Seller is prevented (directly or indirectly) from delivering the goods or any of them by reason of any act of God or strikes, lockouts, trade disputes, fire, breakdown, interruption of transport, governmental action or any other cause whatsoever outside its control, the Seller will be under no liability whatsoever to the Buyer and will be entitled at its option either to terminate the order or to extend the time of its performance.

7.     Liability for supply of Non-Consumer Goods and Services

a)    Where the goods and services supplied by the Seller are:

(i)    not intended to be used, or are not of a kind likely to be used for personal, domestic or household use or consumption (Personal Goods or Services); or
(ii)    goods which have been purchased for re-supply or for use in trade or commerce in the course of production or manufacture or for repair or treating other goods or fixtures (Manufacturing Goods); or
(iii)    are not Personal Goods or Services or Manufacturing Goods and are for a value of more than $40,000

together, Non-Consumer Goods and Services:

the Seller makes no warranties, either express or implied in respect of such goods and services. To the extent that  goods supplied are covered by a manufacturer’s warranty, the Seller will pass on to the Buyer the benefit of the manufacturer’s warranty.

b)    To the extent permitted by law, the liability of the Seller in respect of any Non-Consumer Goods and Services , if any, will be at the Seller’s option and limited to:

I.    in the case of goods:

  1. the replacement of the goods; or
  2. resupply of equivalent goods; or
  3. the repair of the goods


II.    in the case of services:

  1. supplying the services again.

c)    Any service or advice which may be offered by the Seller, its servants or agents to the Buyer or its agents in connection with the supply of Non-Consumer Goods and Services, is rendered in good faith and the Seller shall not be liable for any loss or damage arising from such service or advice.

d)    For the avoidance of doubt, the Seller will be under no liability whatsoever to the Buyer for any loss, expense, injury or damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by the Seller, its servants or agents or any person in any way related to or arising out of the supply of Non-Consumer Goods and Services by the Seller.

8.     Performance of Services

a)    Where the Seller fails to provide any services, such as installation or training, on any estimated date it will provide the services within a reasonable time.

b)    Where the Seller is to provide services, the Buyer must:
i.    be responsible for providing clean, safe and proper access to and at the place where the services are to be provided (“Site”);
ii.    ensure the Site is properly prepared for the provision of services;
iii.    provide safe and secure conditions and comply with any occupational, health and safety laws for the Company, its sub-contractors, employees or agents whilst providing the services.
c)    The Seller may, at its absolute discretion, opt not to provide the services if the conditions are, in its reasonable opinion, not work safe. The Seller will not be liable to the Buyer in those circumstances.

d)    The Buyer indemnifies the Seller against any loss or damage suffered by the Seller, its sub-contractors or employees as a result of provision of the services at the Site, except where the Buyer is a consumer as defined in Australian Consumer Law and the Seller has not used due care and skill.

9.     Consumer Guarantees

a)    Where the goods and services supplied by the Seller are:

(i)    intended to be used, or are of a kind likely to be used for personal, domestic or household use or consumption (Personal Goods or Services); or
(ii)    are not Manufacturing Goods; or
(iii)    are for a value of $40,000 or less,

together, Consumer Goods and Services,

the consumer guarantee provisions of the Competition and Consumer Act 2010 (Cth) apply to the supply of such Consumer Goods and Services and the Seller’s liability to Buyer  is governed by such provisions . 

Our goods come with guarantees that cannot be excluded by Australian Consumer Law.  You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

10. Personal Property Securities Act 2009 ( PPSA)

a)    The Buyer hereby acknowledges:

a.    that these Terms constitute a security agreement which creates a Security Interest, as that term is defined in the PPSA, in favour of the Seller in all Goods previously supplied by the Seller to the Buyer (if any) and all after acquired Goods supplied by the Seller to the Buyer (or for the Buyer’s account) to secure the payment from time to time and at a time, including future advances; and

b.    that the Security Interest created by these terms is a Purchase Money Security Interest, as that term is defined in the PPSA.

b)    The Buyer acknowledges and agrees that the Seller has given value for the Security Interest and the Seller’s Security Interest in the goods is effective and attaches to the goods immediately upon the Buyer taking delivery of the goods.  These  terms shall apply notwithstanding anything express or implied to the contrary contained in the order.

c)    The Buyer undertakes to:
i.    at its own cost, do anything which the Buyer considers reasonably necessary to ensure that the Seller’s Security Interest in the goods attaches to the goods, is enforceable, perfected and otherwise effective and has the priority required by the Seller;
ii.    enable the Seller to exercise or enforce any of its rights in relation to its Security Interest in the goods and the proceeds of those goods, or to perform any of its obligations under the PPSA;
iii.    enable the Seller to prepare, register or renew a financing statement, these Terms on the Personal Property Securities Register.
iv.    give the Seller not less than 15 days written notice of any proposed change in the Buyer’s name and / or any other changes in the Buyer’s details (including changes in the Buyer’s address, facsimile number, email address, trading name or business practice);
v.    pay all costs incurred by the Seller in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by these Terms including executing subordination agreements;
vi.    be responsible for the full costs incurred by the Seller (including actual legal fees and disbursements on a solicitor and client basis) in obtaining an order pursuant to section 182 of the PPSA; and
vii.    waive any rights it may have under sections 115 of the PPSA upon enforcement.

d)    The Purchaser must not, otherwise than in accordance with these Terms, create any Security Interest in the goods, or any property which constitutes “personal property” under the PPSA and becomes an accession to the goods, without the prior written consent of the Seller.

e)    The parties acknowledge and agree that, unless otherwise agreed to in writing by the Seller, and to the extent permitted under the PPSA, the Buyer waives the right to receive any notices, including a verification statement pursuant to section 157 of the PPSA, in respect of any financing statement or financing change statement relating to the Security Interest.

f)    The Buyer agrees that immediately on request by the Seller, the Buyer will procure from any persons considered by the Seller to be relevant to its security position such agreement and waivers as the Seller may at any time require.

g)    Neither the Seller nor the Buyer shall disclose information of the kind mentioned in section 275(1) of the PPSA and the Buyer will not authorise, and will ensure that no other party authorises, the disclosure of such information.

11.     Miscellaneous

The Buyer will, upon demand by the Seller, pay to the Seller the amount of any stamp duty or other tax (including sales tax and GST) payable on the supply of any goods and services by the Seller.

12.     Intellectual Property

All trade mark, copyright, design right and other intellectual property in any design, specification, process, method of working or other information relating to the goods or services (other than that provided by the Buyer to the Seller) shall vest for all time in the Seller.

13.    Entire Agreement

These Terms constitute the entire agreement between the Seller and the Buyer and no terms, conditions, obligations or other provisions of any nature not contained in these Terms shall be of any effect.

14. Variation

Except in the case Non-Consumer Goods and Services, from time to time, The Seller may vary these Terms. If the Seller intends to do so, the Seller will give 30 days written notice and clearly set out any proposed amendments.

15.     Governing Law of Contract

These Terms are governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.