TERMS AND CONDITIONS OF SALE
“AGWW” means AG Wide Wholesalers PTY LTD – ABN 76 631 845 915
“You” means an Applicant (person or legal entity) who has applied for credit with AGWW, and includes any guarantor of the Applicant, provided that where the Applicant consists of more than one entity, each entity will be jointly and severally liable for all amounts payable to AGWW.
“Goods” means goods supplied or services provided by AGWW.
1. Payment for all Goods under credit terms becomes due on the last working day of the month following the month of the invoice for the Goods.
2. If payment is not received in full by the due date, interest will be incurred on the overdue amount at the rate of 2% per month from the end of the month of the invoice until payment is made in full.
3. Payments received by AGWW will be applied in the relevant proportion to payment of finance charges first and then to the balance of overdue moneys.
4. You agree to pay all costs incurred by AGWW, of whatever nature, in recovering payment of any account from You. This may include legal court, solicitors, debt collections agency commissions and fees, and dishonoured cheque fees, whether charged on scale or on any other basis.
5. Only amounts directly subject to claims for damaged or defective product, returns or shortfall in delivery may be withheld from payment by the due date until such claim is finalised. See para 7. No other dispute constitutes grounds for withholding payment.
Returns and Exchanges
6. Permission must be received from AGWW prior to return of any product. Returns may be subject to a 15% restocking fee. Seed, biological products and goods ordered in specially are not acceptable as returns. Except in case of damaged or defective product, goods returned must be unopened and in saleable condition.
7a. You must notify AGWW within 5 days of delivery of any discrepancy between the Goods ordered, delivered or shown on packing slip or invoice. 7b. Hay feeders are supplied in good working order and come with no warranty.
Health and Safety
8. It is Your responsibility to ensure that:
8.1 all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and the use of the goods; and
8.2 where information is supplied to You on potential hazards relating to the goods, to bring such information to the attention of its employees, agents, sub-contractors, visitors and customers; and
8.3 safe facilities are provided for the reception of goods into storage.
9. In the event that
9.1 any sequestration order is made affecting Your property or
9.2 authority is given to a trustee under Section 88 of the Bankruptcy Act, or
9.3 You commit any act of bankruptcy or any petition for winding up, or
9.4 You are placed in receivership, or
9.5 any official manager is appointed, or
9.6 You cease to trade or carry on business in the usual manner, any amount then due by You to AGWW shall become immediately payable or the goods returned if so desired by AGWW.
10. You agree that the certificate of AGWW or any person authorised by AGWW to give the same shall be conclusive evidence as to the amount owing to AGWW by You.
11. AGWW may at any time or from time to time without assigning any reason refuse to extend any further credit to You or may vary the credit limit.
Limitation of Liability
12. To the extent permissible by law, liability will be limited to, in the case of goods, the replacement of the goods, the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods or, in the case of services, the supply of the service again or the payment of the cost of having the service supplied again. The choice of remedy will be at the discretion of AGWW and You acknowledge that the limitation of liability in this clause is fair and reasonable.
13. If You sell the Goods to another person, the same limitation of liability applies as in paragraph 12.
Title and Risk
14. Title in and to the Goods shall not pass to You until payment in full for all goods is made. Risk passes to You on delivery into Your custody or to Your nominated carrier, courier or place of despatch.
15. If You change ownership, trading structure or address, You must notify the changes immediately in writing to AGWW. Unless notification of such a change is given and accepted in writing by AGWW, You (ie, the original applicant and guarantors) remain liable to AGWW as though any Goods supplied by AGWW were supplied to You.
16. Any order You place with AGWW is taken to be an acceptance of the current Terms and Conditions.
17. AGWW may at any time and from time to time by notice to You vary these Terms and Conditions
18. AGWW shall not be deemed to have waived any of the terms or conditions of this Application or agreed to any variation unless it has done so expressly in writing with authorised signatures.
19. Where You are a trustee,
19.1 You agree to produce a stamped copy of the trust deed (with all amendments) if and when requested by AGWW
19.2 You confirm that the trustees shall be liable for the account and that the assets of the trust shall be available to meet payment of the account.
20. AGWW reserves the right to use the services of a mercantile agency.
21. Privacy Consents - Privacy Act 1988 (”The Act”)
Notice and acknowledgment that credit information may be given to a credit reporting agency.
You understand that Section 18E(8)(c) of the act allows AGWW to give a credit reporting agency certain personal information about You which You authorise AGWW to do. The information which may be given to an agency is covered by Section 18E(1) of the Act and includes:
⦁ Such permitted particulars about You which allow You to be identified.
⦁ The fact that You have applied for credit and the amount.
⦁ The fact that AGWW is a credit provider to You.
⦁ The fact that You offered to act as guarantor in respect of a loan or an application for a loan to or by another person.
⦁ Payments which become overdue more than 60 days.
⦁ Advice that payments are no longer overdue.
⦁ Cheques drawn by You which have been dishonoured more than once on presentation by AGWW.
⦁ In specified circumstances, that, in AGWW’s opinion, You have committed a serious credit infringement.
⦁ That the credit AGWW provided to You has been discharged.
Authority to obtain certain information
You authorise AGWW and any agent of AGWW that is deemed to be the credit provider pursuant to Section 11B(5) of the Act:
⦁ To obtain from a credit reporting agency a credit report containing personal information about You to assess Your application/s for personal credit. This is in accordance with Section 18K(1)(a) of the Act.
⦁ To obtain from a credit reporting agency a credit report containing personal credit information about You to assess an application by You or Your company/firm for commercial credit. This is in accordance with Section 18K(1)(b) of the Act.
⦁ To obtain a report containing information about Your commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of a person for the purpose of assessing Your application/s for personal credit. This is in accordance with Section 18L(4) of the Act.
⦁ To obtain a credit report from a credit reporting agency to assess whether to authorise a large purchase of goods or services or one outside Your normal buying practices, that You intend to make by credit card or electronic transfer.
⦁ To obtain a report from a credit reporting agency and other information relating to Your commercial credit activities.
⦁ To obtain from a credit reporting agency a credit report containing personal credit information about You for the purpose of the collection of overdue payments in respect of commercial credit which AGWW has provided to You or Your company/firm. This is in accordance with Section 18K(1)(h)(I) of the Act.
Authority to exchange information with other credit providers
In accordance with Section 18N(1)(b) of the Act You authorise AGWW to give to and obtain from:
⦁ credit providers named in Your credit application;
⦁ any agent of AGWW that is deemed to be a credit provider pursuant to Section 11B(5) of the Act; and
⦁ any credit provider that may be named in a personal or commercial credit report issued by a credit reporting agency or a commercial reporting agency respectively;
information about Your personal or commercial credit arrangements.
You understand this information can include any information about Your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Act.
You understand the information may be given and used for purposes that include the following:
⦁ to assess an application by You for personal or commercial credit;
⦁ to assist You to avoid defaulting on Your credit obligations;
⦁ to notify other credit providers of a default by You;
⦁ to assess Your credit worthiness;
⦁ to assess Your position if You fall into arrears.
These consents and authorities remain in force until cancelled by AGWW.