Terms & Conditions
 

TERMS AND CONDITIONS OF TRADING

 

1.   GENERAL:  These terms and conditions shall apply to the exclusion of all other including any terms and conditions of the customer (whether on the customer’s order form or otherwise).  No goods or services will be supplied by the seller on any terms or conditions other than those set out herein and by taking delivery of the goods the Customer shall be deemed to agree to these Terms and Conditions.  For the purpose of these terms and conditions the Seller shall mean and include the party named above and/or the supplier of the goods and services sold and the customer shall mean the party to whom goods and services are sold and/or in whose name an Account is maintained by the seller.

2.   PAYMENT: The customer agrees to comply with the trading terms of the seller and payment for goods and services shall be made by the customer to the seller 7 days from the date of the statement.  It is agreed that if the customer does not make payment within the period specified herein then the Customer will pay to the seller by the way of liquidated damages a default charge calculated by the applications of a daily percentage rate of 0.06% on the unpaid balance of the amount due from the date for payment until the date that the total sum due to the seller is paid in full.

3.   CLAIMS:  The customer is to notify the Seller via phone within twenty four hours of any products being faulty or defective in any way.

4.   FORCE MAJURE:  If for any reason beyond the control of the seller (including without limitation as a result of any strike trade, dispute, fire, tempest, theft or breakdown), orders cannot be filled at the time stipulated by the Customer, The seller shall be entitled to determine the Contract and the Customer shall not have any claims for damages arising out of such cancellation, without prejudice to the rights of the seller to recover all sums owing to it in respect of deliveries made or services provided prior to the date of such determination.

5.   WARRANTY:  All warranties whether expressed or implied and whether statutory or otherwise with regard to the goods supplied by the seller as to quality, fitness for purpose or any other matter are hereby excluded except in so far as any such warranties are incapable of exclusion at law.  The liability of the Seller for damages arising out of the contract shall be limited to the costs of rectification of any faulty workmanship or material or the replacement of any faulty goods and the seller accepts no responsibility or liability what so ever including liability for negligence, goods, that do not correspond with the description on the Seller’s invoices and /or the packaging of the goods sold or any liability for consequential loss however arising.

6.   FREIGHT COSTS: The seller shall not be liable for freight costs on goods returned to it by the customer.

7.   DEFAULT: In the event of the customer’s default under those Terms and Conditions the Customer shall pay to the Seller on demand all costs including without limitation all legal costs (on a solicitor /own client basis)all mercantile agents fees incurred by the seller in recovering or attempting to recover all amounts outstanding and payable under these Terms and Conditions and any dishonour or bank fees incurred by the seller relating to payments made by the customer from time to time.

8.   CHANGE OF OWNERSHIP:  The customer agrees to notify the Seller in writing of any change of ownership of the Customer within 7 days from the date of such change and indemnifies the Seller against any loss or damages incurred by it as a result of the Customer’s failure to notify the Seller of change.  Previous owner liable for debt which must be paid before exchange of business unless otherwise agreed in writing between customer and Chicken Distributors Pty Ltd.

9.   CANCELLATION: Orders placed with the Seller cannot be cancelled without the written approval of the seller.  In the event that the seller accepts the cancellation of any order place with it shall be entitled to charge a reasonable fee to any work done on behalf of the seller to the date of the cancellation including a fee for the processing and acceptance of the customer’s order and request of cancellation.

10. LIEN:  The customer herby acknowledges that the seller has a lien over all goods in it’s possessions belonging to the Customer to secure payment of any or all amounts outstanding from time to time.

11.  TITLE TO GOODS: (i)  Notwithstanding anything to the contrary express or implied, property in the goods shall remain with the Seller and shall not pass tho the customer until the seller has received payment in full for the goods, the customer has discharged in full all it’s account with the Seller relating to all contracts made with the seller.  (ii)  If payment is made by the customer by way of cheques ownership shall not pass to the customer until the cheque has been honoured. (iii) Until the goods are paid for in full the Customer shall hold the goods as a Trustee for the Seller and shall keep the goods as a fiduciary for the seller and shall store and identify the goods in a manner that clearly shows the seller’s ownership there of .  (iv) in the event that the customer fails to pay the Seller for the goods by the due date required for payment under the seller’s terms of trade, the customer (without prejudice to the seller’s right as an unpaid seller or any of it’s other rights and remedies to retake possession of the seller’s goods from the purchase) hereby agrees to deliver up the goods to the seller upon demand by the seller and consents to the seller retaking possession of the goods which remain unpaid and thereupon the seller shall be entitled to resell the goods to a third party.  (v) The parties acknowledge that by supplying or accepting goods on the terms herein specified, it is not intended to create a charge, mortgage or other security interest over any of the goods supplied.

12. POWER TO SELL: Nothing herein contained shall prevent the Customer from selling the goods to any third party provided that all proceeds of any such sale shall be held in trust by the customer for the seller until the seller has received payment in full for the goods.

13. CERTIFICATE: A certificate signed by an officer of the seller will be prima facie evidence of the customer’s liability to the seller at the date of the certificate.

14. JURISDICTION: The proper law of all contracts arising between the Seller and the customer is the law of the state or territory in which the seller’s principal office is located and the parties agree that all claims and disputes relating to the goods sold shall be determined in a court of competent jurisdiction nearest such principal office and the parties irrevocably agree to submit to the non-exclusive jurisdiction of such court.

 

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