Terms & Conditions
1. General
The whole of the Agreement between Truckers Toy Store Wholesale ABN 72 344 626 447 ("TTS") and the Customer, referred to as Applicant in the Credit Application (“Customer”) is set out in these Terms and Conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) that are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery and/or supply of all or a portion of the goods and/or materials and/or equipment and/or parts and/or labour and/or services ("Goods"), the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.
2. Credit Terms
2.1. For credit accounts, payment is due on or prior to thirty (30) days from the date of statement rendered in respect of the supply of the Goods unless otherwise stated in writing by TTS. TTS may charge interest at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 if payment is not received by the due date.
2.2. Any payments received from the Customer on overdue accounts will be applied first to satisfy interest which may have accrued, second to reasonable expenses and legal costs referred to in Clause 2.3, and then to principal.
2.3. The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a solicitor/own client basis) incurred by TTS for enforcement of obligations and recovery of monies due from the Customer to TTS.
3. Quotations and Pricing
3.1. Prices charged for Goods will be according to a current quotation for those Goods. Otherwise, they will be determined by TTS by reference to its standard prices in effect at the date of delivery (whether notified to the Customer or not and regardless of any prices contained in the order). TTS will use its best endeavours to notify the Customer of price changes but bears no liability in respect of this. All prices quoted will be inclusive of GST.
3.2. Unless otherwise specified by TTS, the prices exclude costs, duties and charges in relation to insurance, packing (other than the standard packing of TTS), crating, delivery (whether by road, rail, ship or air) and export of the Goods.
3.3. The contract between TTS and the Customer shall not be affected by any impositions or alterations of customs duties or by decisions of the Customs Department with regard to either classification or value of duty or landing charges occasioned thereby. Any such impositions shall be to the account of the Customer.
4. Delivery & Supply
4.1. Any times quoted for delivery and/or supply are estimates only and TTS shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery/supply or dispatch. TTS reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
4.2. The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the date of dispatch.
4.3. The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when TTS notifies the Customer that the Goods are available for collection.
5. Property
Until full payment has been made for all Goods, and any other sums in any way outstanding from the Customer to TTS from time to time:
5.1. All sums outstanding become immediately due and payable by the Customer to TTS if the Customer makes default in paying any other sums due to TTS, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.
5.2. The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as bailee for TTS (returning the same to TTS on request). The Goods shall nevertheless be at the risk of the Customer from the time of dispatch referred to in Clause 4.2 and the Customer must insure the Goods from the time of dispatch referred to in Clause 4.2.
5.3. TTS is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods without liability for trespass or any resulting damage.
6. Availability of Stock
Any order that cannot be fulfilled on its receipt will automatically be back ordered and processed when stock becomes available unless it is the Customer's stated standard policy not to accept back orders or the Customer specifically marks its order, "Do Not Back Order". Deliveries at any time are subject to availability of stock and TTS will not be liable for any charges due to product unavailability.
7. Restrictions
The Customer acknowledges and accepts that TTS sells its goods only through persons who have been authorised by TTS to sell specific product categories at specific locations and who comply with TTS's Terms and Conditions. Subject to Part IV of the Trade Practices Act 1974:
7.1. Under no circumstances may the Customer sell Goods through the Internet or the mail without prior written authorisation from TTS.
7.2. The Customer is prohibited from selling Goods on the international market without the express written consent of TTS.
7.3. TTS does not grant to the Customer the exclusive rights to sell its Goods. TTS reserves the right to authorise and/or supply additional retailers in any market area that it deems necessary to adequately cover the market.
8. Freight
TTS will ship by the least expensive route and carrier to all points. If the purchaser chooses a route with a higher charge than the route of TTS's choice for shipment, TTS will charge the difference to the Customer.
9. Cancellations
No cancellations or partial cancellation of an order by the Customer shall be accepted by TTS unless it has first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by TTS, will indemnify TTS against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.
10. Return and Exchange of Goods
10.1. All faulty goods must be returned to TTS, complete with one package with all component parts (where applicable). Goods should be returned to TTS with the completed returns form provided with the order within sixty (60) days after the dispatch date. Goods deemed faulty will be replaced free of additional freight charges. Goods will be inspected by a Quality Assurance Department and goods that have been purposefully tampered with will not qualify for exchange.
10.2. The return form must quote the invoice number against which the goods were initially supplied.
11. Privacy Act 1988 (“Privacy Act”)
To enable TTS to assess the Customer’s application for credit, the Customer authorises TTS:
11.1. To obtain from a credit reporting agency a credit report containing personal information about the Customer and its guarantors pursuant to Section 18K(1)(b) of the Privacy Act; and
11.2. To obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities;
11.3. To give to a credit reporting agency information including identity particulars and application details
AND in accordance with Section 18N(1) of the Privacy Act the Customer authorises TTS to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting agency information about the Customer’s credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.
The Customer understands that information can be used for the purposes of assessing its application for credit (Section 18L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, assessing its credit worthiness and notifying other credit providers and credit reporting agencies of a default by it under these Terms.
12. Notification
The Customer must notify TTS in writing within seven (7) days of:
12.1. Any alteration of the name or ownership of the Customer.
12.2. The issue of any legal proceedings against the Customer.
12.3. The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.
12.4. Any change in the ownership of the business name of the Customer.
The Customer agrees that it shall be liable to TTS for all Goods supplied to the new owner by TTS until notice of any such change is received.
13. Warranties
13.1. No warranties except those implied and that by law cannot be excluded are given by TTS in respect of Goods supplied. Where it is lawful to do so, the liability of TTS for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, the payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods, as determined by TTS.
13.2. The Customer acknowledges and warrants that it has relied on its own skill and judgment or, alternatively, on the skill and judgment of tradesmen and professional advisers retained by it to provide advice and assistance on the suitability of the Goods for specific purposes and procedures and, in this respect, shall indemnify TTS from and against any suit, claim, demand or compensation which, but for these Terms, the Customer may have had against TTS.
14. Overseas Orders
The Customer acknowledges that he/she is familiar with the customs laws of the country to which the Goods are to be delivered, and agrees that the Customer will be responsible for compliance with all local laws which may restrict the importation of certain goods, and will be solely responsible for payment of any present or future tax, duty or charge which may be imposed or assessed by any relevant regulatory authority on the goods purchased.
