Terms & Conditions of Trade

 

Internet Traders Pty Ltd ABN 66 124 946 676 Terms and Conditions of Trade

1. GENERAL

An order placed by the Buyer is deemed to be an order incorporating Terms and Conditions of Trade, set out below, notwithstanding any inconsistencies which may appear in the Buyer’s order or other documentation provided by or on behalf of the Buyer unless otherwise expressly agreed in writing by the Seller.

2. WARRANTIES

The law implies certain terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and services and prohibits the exclusion, restriction or modification of certain terms, conditions, and warranties (“Mandatory Terms”). The law permits a supplier to limit its liability for a breach of some of the Prescribed Terms. Except as provided by the Mandatory Terms:


(a) The liability of the Seller for a breach of a Prescribed Term is limited to the replacement of goods or (at the option of the Seller) refund of the price paid by the Buyer and is conditional upon the Buyer within 48 hours of receipt of the goods making a written claim to the Seller setting out the full particulars of the claim and returning to the Seller a sample of the goods alleged to be defective;


(b) The Buyer shall not under any circumstance have any course of action against or right to claim or recover from the Seller (whether in contract or in tort) for, or in respect of, any loss or damage of any kind whatsoever (including without limitation consequential loss, loss of profit, loss of production, loss of sales opportunities and loss of business reputation), caused directly or indirectly by the goods being defective or being unsuitable for any purpose for which the Buyer may use them;


(c) Any advice, recommendation, assistance or service provided by the Seller in relation to goods sold, their use, or application is given in good faith and is believed by the Seller to be appropriate and reliable and all such advice, recommendations, information, assistance or services are provided without liability or responsibility (whether in contract or in tort) on the part of the Seller.


(d) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract for the sale of the goods. Without prejudice to that, any performance figures given by the Seller are estimates only. The Seller shall be under no liability for damages for the goods’ failure to attain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such figures.

3. DELIVERY

The Seller will take no responsibility what so ever for damage in transit (either cost or replacement) when freight is arranged at receiver’s request. Reasonable efforts to deliver the goods to the Buyer on the date agreed between the parties, but the Seller shall be under no liability whatsoever should delivery not be made on that date. For all deliveries, unless the Buyer otherwise specifies, the Seller may use any carrier it deems appropriate. The Buyer shall be responsible for the charges of the carrier for all deliveries (unless otherwise stated in writing by the Seller). All cost claims for damage or loss in transit will be the subject Transit Insurance for compensation. 

4. SHORTAGE

The Buyer waives any claim for shortage of any goods delivered if the Buyer has not lodged a claim with the Seller within 48 hours from the date/time of receipt of the goods.

5. RISK

Risk of loss or damage to the goods shall pass to the Buyer upon delivery of the goods to the Buyer or collection of the goods by the Buyer or its agent or in the case of delivery.

6. TITLE

(a) Title of any and all goods/stock held by the buyer shall remain with the seller and the seller reserves the right to repossess all goods/stock and dispose of such goods in realisation of any outstanding debt until such time as:


I. Full payment is made for all amounts owing by the Buyer to the Seller on account of all goods that have from timer to time been supplied by the Seller to the Buyer (“Buyer’s Total indebtedness”) so that the Buyer’s Total Indebtedness is discharged; or


II. the Buyer sells the goods to his customers in accordance with Clause 7


(b) If the Buyer fails to pay any amount of the Buyer’s Total Indebtedness when it is due to the Seller, the Seller may without notice and without prejudice to any of its other rights and remedies recover and/or resell the goods or any of them. For that purpose, the Buyer:


I. Authorises the Seller (without prior notice to the Buyer) to enter any premises where goods are located remove goods which remain the Sellers property (“Seller’s Goods) and to use reasonable force required to enter and take possession of the Seller’s Goods;


II. Undertakes to the Seller to procure the consent of all persons having any interest in the premises where the Seller’s Goods may be situated, to entry of those premises by the Seller


III. Indemnifies and keeps indemnified the Seller from all claims, actions or suits whatsoever out of or in connection with or in relation to the entry by the Seller to any premises where the Seller’s Goods may be situated;


IV. Shall reimburse the Seller for all expenses incurred by it in recovering and/or reselling the Seller’s Goods


(c) Until title passes to the Buyer, the Buyer shall separately store the Seller’s Goods in a way that clearly manifest the Seller’s title.


(d) The Buyer acknowledges that until the Buyer’s Total Indebtedness is discharged, he holds the goods as bailee of the Seller and that a fiduciary relationship exists between them.


(e) Upon default by the Buyer under these conditions of sale the Seller has the right to the Seller’s Goods and the beneficial interest in and conduct of any claims, suits, demands or actions which the Buyer may have against any other person arising from the sale of the Seller’s Goods. The rights contained in this sub-clause shall not be affected by the part performance by the Buyer of any of it obligations under these conditions of sale.


(f) If the buyer adds any parts or accessories to the Seller’s Goods, the Seller shall become the owner of those added parts and accessories as security for full payment by the buyer of all monies due to the Seller by the Buyer for the Seller’s Goods (as long as the value of the total security is less that 5 times the amount due to the Seller by the Buyer) and the term “Seller’s Goods” for the purpose of this sub-clause shall here appropriate be read and construed accordingly.


(g) If the Buyer makes new goods or other goods from or with the Seller’s Goods of if the Seller’s Goods become a constituent part of or mixed with other goods, the Seller shall become the owner of those new goods or other goods as security for full payment by the Buyer of all monies due to the Seller by the Buyer for the Seller’s Goods (as long as the value of the total security is less than 5 times the amount due to the Seller by the Buyer), and the term “Seller’s Goods” for the purpose of this sub-clause shall where appropriate be read and construed accordingly.

7. SALE OF GOODS BY BUYER

The Seller authorises the Buyer to sell on the Seller’s behalf the goods or any part of them in which title remains with the Seller provided such sale is made in the ordinary course of the Buyer’s business and is for full value. The Buyer shall keep the proceeds from all such sales in a separate identifiable account as the beneficial property of the Seller and shall account to the Seller for such proceeds until such time as the Buyer’s Total Indebtedness is discharged. Dutchi items cannot be sold under the banner “ Sale” and for this to occure permission must be sort in writing from the Seller. All Dutchi items must be sold in Dutchi packaging with Certificate of Authenticity and sellers invoice.

The price of the goods payable by the Buyer shall be the price advised by the Seller at the time of order, or as negotiated in writing from time to time by the Seller. All pricing excludes G.S.T. The Seller reserves the right to change prices at his discretion.

8. CREDIT TERMS FOR 30 DAY ACCOUNTS

Unless otherwise agreed in writing credit terms are as stated below:
(a) From the date of invoice any one invoice value is payable 30 days from invoice date.
(b) If the Invoice value is not fully paid by 35 days from date of invoice the account will be closed.
(c) No further orders will be processed and despatched.
(d) A credit account cannot be opened until one years credit history is transacted.
    SHOULD A CUSTOMER NOT COMPLY WITH THESE TERMS INTERNET TRADERS PTY LTD       RESERVES THE RIGHT TO ACTION ONE OF THE FOLLOWING:


 Recover the goods to the value on the outstanding debt.

Take legal action to recover the outstanding debt. 

 IF AT ANY TIME THE CREDIT WORTHINESS OF THE BUYER BECOMES IN THE SELLERS OPINION UNSATISFACTORY, INTERNET TRADERS PTY LTD RESERVES THE RIGHT TO DEMAND IMMEDIATE PAYMENT OF ALL OUTSTANDING VALUES AND MAY CHARGE INTEREST ON ANY OUTSTANDING SUMS AT COMMONWEALTH BANK MAXIMUM OVERDRAFT RATES. 

9. IMMEDIATE PAYMENT

Notwithstanding these conditions of sale payment shall become due immediately upon the Buyer (being a natural person and executive of the said company) committing any act of bankruptcy or the Buyer (being a company) committing any act which entitles any person to apply to wind up the Buyer, or a receiver/manager of the Buyer is appointed. Title of goods not paid for cannot pass to such entities. 

10. INTEREST ON OVERDUE AMOUNTS

If the Seller has not paid for any goods on the due date specified in these conditions of sale, without prejudice to any other right or remedy, all outstanding monies shall bear interest of daily balances until paid at a rate if interest per annum equal to the interest rate charged by the Commonwealth Bank of Australia on overdraft accounts for sums up to $50,000 and such money together with all interest shall be recoverable by the Seller from the Buyer. For the purposes of these conditions of sale, the term “ Buyer’s Total Indebtedness” shall be deemed to include all interest payable to this clause.

11. PLACING OF ORDER & DESPATCH OF GOODS

Order .must be placed by Part Number, as stated on the web site. www.dutchi@dutchi.com.au or www.dutchi@dutchi.co.nz
Internet Traders Pty Ltd will not accept responsibility for wrongly supplied products where codes are incorrect or not quoted when placing orders, Unless otherwise advised and agreed with the customer tax invoice will be sent by post.

12. RETURNED GOODS

The Buyer shall only be entitled to credit for returned goods, which are in original resaleable condition. Merchandise which has been in the buyers inventory for more than twelve (12) months is not eligible for credit or replacement. The Buyer shall pay to the Seller for all such resaleable goods returned, a restocking fee being 10% of the price payable for those goods or a minimum processing fee of $20.00 per order whichever proves to be the greater. All return cost are the responsibility of the Buyer. Should the returned goods not be in a saleable condition then a further fee shall apply to cover costs of packaging or reworking to bring the goods back to a resaleable condition. All freight charges incurred for returned goods shall be borne by the Buyer. Credit will not be given until the returned goods are inspected and condition assessed.

13. WAIVER

Failure by the Seller to insist upon strict performance of any part of these conditions of sale shall not be deemed as a waiver of them or of any rights the Seller may have and no express waiver shall be deemed a waiver of any subsequent breach of any part of these conditions of sale.

14. LAW

All contracts entered into between the parties for the sale of goods upon these conditions of sale shall be deemed to be made in the State of Queensland and the parties agree to submit all disputes arising between them to the courts of that state.

15 INTERNET TRADERS PTY LTD WEB SITE DISCLAIMER

Please read the disclaimer carefully on before using Internet Traders Pty Ltd web site. By accessing, browsing, and or using the site, you acknowledge that you have read, understood, and agree to be bound by this disclaimer and any other operating rules or policies that may be publicised by Internet Traders Pty Ltd from time to time. If you do not agree to these terms, do not use this site.

16 COPYRIGHT


Replication of any part of this site is prohibited without prior written consent from Internet Traders Pty Ltd.

17 SITE CONTENT


Internet Traders Pty Ltd provide the site content “as is” and without warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. Internet Traders Pty Ltd does not warrant the functions contained in this site or its content will be uninterrupted or error-free, that defects will be corrected, or that the site or its servers are free of viruses or other harmful components.
Internet Traders Pty Ltd makes reasonable efforts to place accurate, current content on this site. However, Internet Traders Pty Ltd makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the site content.
Under no circumstances, including, but not limited to, negligence and gross negligence, shall Internet Traders Pty Ltd be liable for any direct, incidental, special, consequential, indirect, or punitive damages resulting from the use of, or the inability to use, this site or its content. damages.
In no event shall Internet Traders Pty Ltd any liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. We reserve the right, at any time, to decline your order.
While Internet Traders Pty Ltd strives to keep the information on this site accurate, complete, and up-to-date, Internet Traders Pty Ltd and its suppliers will not be liable for any errors appearing on this site, and reserves the right to reject any order in the event of an error.


18 AMENDMENTS


Internet Traders Pty Ltd may at any time amend these terms and conditions. Your continued use of this site is conditioned on the terms and conditions stated at the time of your use. You should visit this page prior to using this site to determine the current Terms and Conditions of Trade to which you are bound.


19 LINKS TO OTHER SITES


This site may include links to other Internet web sites not operated by Internet Traders Pty Ltd as a convenience to its users. Internet Traders Pty Ltd does not endorse any such web sites or the information, material, products or services contained on or accessible through the sites. Your access and use of such sites, including all information, material, products and services contained on such sites, shall be solely at your own risk.