AMACYN CORPORATION PTY LTD
TERMS AND CONDITIONS OF TRADE
These terms of trade shall apply to every contract between us and you. You acknowledge that you know of our terms of trade and that they are available to view at our registered offices. You are deemed to have accepted these terms of trade upon entering a contract with us. These terms of trade constitute our entire agreement with you unless expressly agreed in writing otherwise.
Prices are as agreed in writing or if not expressly agreed then will be on the basis of our initial price quotes. Our quotes are not binding on us and are subject to change due to fluctuating costs. In the absence of an agreed price or quote, the price will be our standard price which is applicable for those services. All prices are given in Australian Dollars and include GST.
If Credit is not extended to you, payment is required before completion of your order and before delivery of the goods, or if agreed in writing then on delivery or such other date as agreed between us and you. Payment must be made by cash or direct transfer to our bank account unless agreed otherwise. Any expenses, costs or disbursements incurred by us in recovering any amounts due including debt collection, agency fees or solicitors’ costs shall be paid by you.
We may at our sole discretion offer to you in writing a credit account. Payment is due on the date as set out in our invoice and is on the same terms as clause 3 above. We may in our sole discretion suspend or cancel a credit account for any reason including where you are the subject of liquidation proceedings, you exceed your credit limit, or you default under this agreement. If we suspend or cancel a credit account we may demand immediate payment on the same terms as clause 3 above.
Delivery occurs when all of the goods are picked up from our premises at an agreed time or if no delivery method is agreed we may at our sole discretion deliver the goods to your premises using our chosen carrier and add the costs to your bill. We will use our best endeavours to have the goods for you at a specified time however we accept no liability for late delivery or otherwise.
The goods remain at our risk until delivery to you. Delivery of the goods shall be deemed complete when we give possession of the goods directly to you or possession of the goods is given to a carrier, courier or another bailee for purposes of transmission to you.
Our services are provided on the basis that we will use best endeavours to meet or exceed industry standards only. We accept no responsibility for damage to goods that are fragile or require specific care and skill unless we are advised of these requirements in writing and agree to perform them in writing.
In particular, the style, quality and suitability of hangers, size pips, or any other packaging supplied on your behalf remains the responsibility of the customer. We will not be held responsible for any damage or loss arising from the use of these products.
We bear no responsibility for damage to goods caused by inappropriate use or excessive wear due to conditions, or the effects of natural wear and tear.
We offer you samples of our product and/or work to satisfy yourself as to our quality and accordingly if you elect to forgo samples and/or proofs any product and/or work done by us is at your own risk and claims may be rejected by us. We accept no liability for the results of our product and/or work in particular where we have not been advised in writing of any special conditions of the goods. All goods received by you must be checked for damage and reported to us in writing within 5 working days of receipt and in the absence of such notice you are taken to have accepted the goods as specified in your order are as delivered and the invoice terms as correct.
You authorize us to collect and retain and use your personal information for the following: assessing your creditworthiness, administering your contracts with us and enforcing our rights, and providing that information to any person for these purposes. You acknowledge: that this information is held by us at our offices, that where possible you may have access to it and the right to correct any errors, that the authorization under this clause 9 is irrevocable.
Goods acquired for the purpose of on-selling and re-supplying or to be used in trade or commerce are not covered under the Consumer Protection laws in New South Wales.
We accept written orders only and may at our sole discretion choose to not accept or to discontinue any work. We may cancel any order at our sole discretion if it appears to us that we are less likely to receive payment now for work done than when we first agreed to do the work.
You may not cancel an order once we have agreed to do the work without our written agreement, and if we choose to accept your repudiation we may charge you a fee for this.
PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
If you are a company or trust the directors or trustees signing this contract, in consideration for us agreeing to supply the product and grant credit to you at your request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to us the payment of any and all money now or hereafter owed by you to us and indemnify us against non-payment by you. Any personal liability of a signatory hereto shall not exclude you in any way whatsoever from the liabilities and obligations contained in this Agreement. The signatories and you shall be jointly and severally liable under the terms and conditions of this agreement and for payment of all sums due under this agreement.
JURISDICTION: The law of Victoria will be the preferred jurisdiction of both parties and will govern this contract.
SEVERABILITY: If any term in this agreement is held invalid or unenforceable it may be severed and the agreement will continue to be binding to the fullest extent possible.
DISPUTES: In the event of any dispute between the parties to this agreement you must pay all amounts owing by you to us before proceeding to mediation or arbitration.
LIABILITY: Our liability for contractual breach, negligence, consequential and economic loss or damage in any contract with you is expressly excluded, and further shall be limited to the contract price between the parties.
WAIVER: Our silence shall not be deemed to constitute a waiver of any of our rights under this agreement.
DEFINITIONS: In this agreement: "we" and "us refer to Amacyn Corporation Pty Ltd and its successors and assigns, "you" refers to any other party to this agreement including suppliers of goods to us and persons contracting our services and buying our product, "terms" and "agreement" refers to these entire terms of trade as being part of every contract with you, "goods" refers to any tangible and valuable item delivered to by us or obtained by us from you, "services" means the services provided by us pursuant to this agreement.
DEFAULT: In the event of any default by you under this agreement you agree to indemnify us for all costs including debt collection and legal costs on a solicitor and client basis incurred by us in recovering money owed by you to us.
VARIATION TO TERMS AND CONDITIONS: We may from time to time and in our sole discretion amend, add to or delete any of the terms of these Terms and Conditions with immediate effect by giving written notice to you.