STANDARD TERMS AND CONDITIONS OF SALE
TERMS OF TRADE ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯
Australia Ruffey Park Pty Ltd (ABN 98 645 394 074) Trading as “Ruffey Pets”
DEFINITIONS
“Supplier” means Australia Ruffey Park Pty Ltd (ABN 98 645 394 074), its successors and assigns.
“Customer” means the person or entity acquiring Goods from the Supplier, as identified in any Credit Application, Order, or Invoice.
“Goods” means all pet food, accessories, and products supplied by the Supplier to the Customer.
“Terms” means these Terms of Trade.
BINDING CONTRACT
Any Order placed by the Customer and/or acceptance of Goods delivered by the Supplier shall constitute acceptance of these Terms.
These Terms supersede any previous arrangements or terms provided by the Customer (including those on a Purchase Order).
PRICING AND ORDERS
All prices are quoted in Australian Dollars (AUD) and are exclusive of GST and freight unless otherwise stated.
The Supplier reserves the right to vary prices without notice.
The Supplier may, at its absolute discretion, refuse to accept any Order or part of an Order.
PAYMENT TERMS
Credit Accounts: For Customers with an approved credit account, payment is due in full on or before the last business day of the month following the month in which the Goods were invoiced (e.g., an invoice dated in May is due for payment by the end of June).
Pre-payment: If the Customer does not have an approved credit account, payment is required in full via pro-forma invoice before Goods are dispatched.
Default: If payment is not made by the due date, the Supplier may:
- (a)
Charge interest on the overdue amount at a rate of 2% per annum above the benchmark business overdraft rate charged by the Supplier’s primary trading bank;
- (b)
Suspend further deliveries or services;
- (c)
Terminate the credit facility without notice.
DELIVERY AND RISK
Any delivery dates provided are estimates only. The Supplier is not liable for any loss or damage resulting from delivery delays.
Risk in the Goods passes to the Customer immediately upon delivery to the Customer’s nominated address or upon collection by the Customer’s carrier.
TITLE AND PPSA
Title to the Goods remains with the Supplier until payment is received in full for all Goods supplied.
Until title passes, the Customer holds the Goods as bailee and must store them separately and clearly identify them as the Supplier’s property.
The Customer acknowledges that these Terms constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”). The Supplier may register its security interest on the PPS Register.
CLAIMS AND RETURNS
The Customer must inspect the Goods on delivery.
Any claims for shortages, damage, or non-compliance must be made in writing within 7 days of delivery.
No Goods will be accepted for return without prior written authorisation from the Supplier. A restocking fee may apply.
WARRANTY AND LIABILITY
To the extent permitted by law, the Supplier’s liability for a breach of a condition or warranty is limited to the replacement of the Goods or the cost of replacing the Goods.
The Supplier is not liable for any indirect, incidental, or consequential loss (including loss of profit) arising from the supply or use of the Goods.
TERMINATION
The Supplier may withdraw credit or terminate this agreement immediately if the Customer commits an act of insolvency, enters into liquidation, or breaches any of these Terms.
GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.