Terms
TTS Terms & Conditions
1: DEFINITIONS
The following definitions form part of these Terms and Conditions.
Credit Application means application for credit or a credit account with TTS by the customer.
Customer means:
a. Any party or parties making direct purchases of any Goods and/or Services from TTS.
b. Any party who has executed a Credit Application and submitted same.
If there is more than one Customer, the obligations of the Customer under these Terms shall bind all such parties jointly and severally.
Goods: means all or a portion of the goods and/or materials and/or equipment and/or parts offered for delivery and/or supply by TTS.
Invoice: means all invoices for Goods and/or Services by TTS to the customer.
Returned Cheque: means a cheque supplied by the customer that has been refused payment by the financial institution and returned to TTS unpaid.
Services: means all or a portion of labour and/or services offered by TTS from time to time.
Standard Prices: means TTS' prices in effect at the date of delivery, notification of which to the Customer will be reserved by TTS.
Terms: means these Terms and Conditions as amended from time to time and those, if any, whicha re implied and which cannot be excluded by law.
TTS: means Truckers Toy Store (Wholesale) Pty Ltd ACN 130 555 298.
2. Supply on Credit
2.1. TTS reserves the right to offer credit to the Customer once it receives a fully completed Credit Application, including a completed and executed gaurantee. Credit will only be offered once the fully completed Credit Application has been assessed and approved by TTS.
2.2. If the Customer commences trading with TTS and is extended credit terms before a Credit Application is submitted and/or approved by TTS, the Customer agrees that the Credit Application and these Terms will apply to any pre-dated invoices issued by TTS to the customer.
2.3. In the event that a credit applicationis not approved, TTS, at it's sole discretion, may supply Goods and Services on a cash before delivery basis, and in relation to such supply the Customer agrees to abide by these Terms and acknowledges that supply may be discontinued at any time.
3. General
3.1. The whole of the agreement between TTS and the Customer is set out in these Terms.
3.2. 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.
3.3. Each Customer order is subject to acceptance by TTS in its absolute discretion.
3.4 By receiving delivery and/or supply of the Goods and/or Services, the Customer shall be deemed to have accepted these Terms and to have to have agreed that they shall apply to the exclusion of all others.
4. Credit Terms
4.1. 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 and/or Services unless otherwise stated in writing by TTS.
4.2. TTS may change 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.
4.3. 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 4.4, and then to principal.
4.4 The Customer is liable for all reasonable expenses (including contingent expenses such as cost associatied with debt collection) and legal costs ( on a solicitor and own client basis) incurred by TTS for enforcement of obligations and recovery of monies due from the Customer to TTS.
4.5 TTS will suspend any net account that exceeds its credit terms and assess the account.
4.6 TTS reserves the right to decide, in its sole discretion, whether to cancel a credit account.
5. Quotations and Pricing
5.1. Prices charged for Goods and/or Services will be according to a current quotation for those Goods and/or Services. Otherwise, they will be determined by TTS by reference to its Standard prices. All prices quoted will be inclusive of GST.
5.2. Unless otherwise specified by TTS , the prices exclude costs (freight and postage and handling fees etc), 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.
5.3. The contract between TTS and the Customer shall not be affected by any impositions or alterations of custom 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.
5.4 The Customer agrees to pay to TTS an AUD$30 handling fee for any Returned Cheque provided by the customer.
6. Delivery & Supply
6.1 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 and/or Services by reason of any delay in delivery/supply or dispatch.
6.2 TTS reserves the right to stop any delivery and supply of Goods at any time if the Customer fails to comply with the Terms.
6.3 The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the date if despatch.
6.4 The Customer is deemed to accept delivery of Goods where it is either delivered to the Customer's premises or when TTS notifies the Customer that the Goods are available for collection.
6.5 Any shortage or error in a shipment of Goods must be reported in writing by the Customer to TTS within twenty-four (24) hours of the Customer's receipt of the shipment.
6.6 The report must state the relevant invoice number, the Goods ordered and the shortage or error claimed.
6.7 TTS will investigate all reports and, subject to TTS' confirmation of any shortage or error in shipment, TTS will rectify any shortage or error in shipment.
7. Reservation of Title
7.1. The ownership of the title in all Goods delivered by TTS to the Customer pursuant to these Terms remains vested in TTS, and shall not pass from TTS to the customer until the following have occurred:
(a) TTS has received payment in full of all Invoices for Goods and/or Services; and
(b) TTS has received payment in full of all other monies due and payable by the Customer to TTS pursuant to any order and these Terms; and
(c) No other monies are due and owing by the Customer to TTS on any account whatsoever.
7.2. The Customer acknowledges and agrees that:
(a) Until ownership has passed in accordance with clause 7.1 the Customer shall be a bailee of the Goods and shall owe fiduciary obligations to TTS in respect of the Goods;
(b) The Customer shall keep the Goods seperately stored from other goods and identified as the Goods of TTS and shall keep accurate records identifying the Goods;
(c) The Customer shall not in any way part with possession of or dispose of the Goods until full payment has been received by TTS for the Goods;
(d) In respect of sales of the Goods to a customer, if theCustomer sells the Goods to a third party prior to paying TTS the Purchase Price thereof, TTS shall be entitled to and be paid as much of the price paid by that third party as is neccessary to satisfy all monies owing to TTS;
(e) In the event the Customer defaults in payment of any monies owing to TTS or any term hereof or any contract between the parties or any credit account is terminated by TTS, TTS shall be entitled at its election to the immediate return of the Goods and shall have the right to enter, and is hereby expressly authorised to enter, upon the premises of the Customer or any other premises at which the Goods are stored to repossess any of the Goods supplied by TTS.
(f) In the event the permission of any third party is required for access of any premises to repossess the Goods, the Customer shall obtain that permission at its own expense.
(g) Upon the repossession of the Goods by TTS, TTS shall be entitled to re-sell the Goods for the best price it can obtain and to be paid by the Customer any and all shortfall between that sale price and the monies owing to TTS together with the damages suffered by TTS as a result of the default by the Customer, such damages to include but not be limited to the legal costs and other expenses incurred in obtaining possession of the Goods.
(h) The Customer shall have no claim against TTS for any damages or other monies whatsoever if TTS repossesses or attempts to repossess the Goods.
(i) The rights of TTS hereunder are in addition to any other claim or rights TTS has under any term hereof or under any other contract between the parties.
7.3. For the purpose of exercising and giving effect to its rights specified in clause 7.2, TTS shall be entitled, it itself, its servants and/or it agents and its solicitors for the purpose, at any time, to enter upon any premises where the Goods shall be stored, and the Customer hereby grants licence and permission for such entry, which shall be irrevocable.
7.4 Furthermore, TTS reserves the right at its sole discretion to value all Goods that have been repossessed at a price TTS determines to reflect the condition of the Goods at their current market value, with any subsequent price decrease of the Goods payable to TTS.
7.5 Any valuation, removal freight, storage, legal, professional and other costs associated with repossession is payable by the Customer to TTS.
7.6 Where the Customer has not ben paid by a third party for the Goods or part of them and ownership of those Goods sold to that third party has not passed from TTS in accordance with clause 7.1, TTS shall be entiled to issue proceedings in the name of the Customer against the third party for the recovery of all monies payable by the third party to the Customer in respect of those Goods so sold and recover such monies.
7.7 In consideration of TTS entering into these Terms, the Customer hereby irrevocably appoints TTS as its attorney for the purpose of giving effect to and effectuating all the terms and provisions contained herein.
8. Availability of Stock
8.1 Goods and Services are subject to change without prior notice to the Customer.
8.2 Any order that cannot be fulfilled 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 availablility of stock and TTS will not be liable for any charges due to product unavailability.
9. Restrictions
The Customer acknowledges and accepts that TTS sells and supplies its Goods only through persons who have been authorised by TTS to sell specific product categories at specific locations and who comply with TTS' Terms.
9.1 Subject to Part IV of the Trade Practices Act 1974.
(a) Under no circumstances may the Customer sell, offer to sell, market or display, or cause to sell, offer to sell, market or display for sale, or use in any other way Goods through the internet or by mail order without prior written consent from TTS, which consent may be withheld at the sole discretion of TTS.
(b) The Customer is prohibited from selling, offering to sell, marketing or displaying, or causing to sell, offer to sell, market or display for sale, or use in any other way Goods outside Australia without the express written consent of TTS, which consent may be withheld at the sole discretion of TTS.
(c) TTS does not grant to the Customer the exclusive rights to sell or supply its Goods. TTS reserves the right to authorise and/or supply additional retailers in any market are that it deems necessary to adequately cover the market.
10. Freight
10.1. TTS will ship by the least expensive route and carrier to all points. If the Customer chooses a route with a highter charge than the route of TTS' choice for shipment, TTS will charge the difference to the Customer.
10.2. TTS shall not be liable to the Customer or any other person for any loss or damage which may result directly or indirectly from freight handling.
11. Cancellations
11.1. No cancellations or partial cancellation of any order by the Customer shall be accepted by TTS 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 process of manufacture or ready for shipment.
11.2. TTS reserves the right to cancel or partially cancel any Customer order and/or credit account if the Customer fails to comply with the Terms, including where the Customer fails to make payments on any account as requires by clause 4.1.
12. Returns and Exchange of Goods
12.1. All faulty Goods must be returned to TTS, complete with one package with all componenet parts (where applicable). Goods should be returned to TTS with the completed returns form provided with the order within Thirty (30) days after the despatch date. Goods deemed faulty will be issued to the Customer's account
12.2. Refunds will not be provided for any returned Goods.
12.3. Goods will be inspected by a Quality Assurance Department and Goods that have been purposefully tampered with (including but not limited to Goods that have been mishandled, Goods that have had protective coating removed and Goods that have been damaged by abuse, accident, corrosive environments, negligence or improper installation) will not qualify for exchange or credit.
12.4. The returns form referred to in clause 12.1 must quote the invoice number against which the Goods were initially supplied.
12.5 TTS reserves the right to refuse any returned Goods that do not comply with TTS return terms.
13. Privacy Act 1988 ("Privacy Act")
To enable TTS to assess the Customer's application for credit, the Customer authorises TTS:
13.1. 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 warranties Privacy Act; and
13.2. To obtain a report from a credit reporting agency and other information in relation to the Customer's commecial credit activities;
13.3 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 autorises 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 credit repoting 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.
14. Notification
The Customer must notify TTS in writing within seven (7) days of:-
14.1 Any alteration of the name or ownership of the Customer.
14.2 The issue of any legal proceedings against the Customer.
14.3 The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.
14.4 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 and/or Services supplied to the new owner by TTS until notice of any such change is received.