Wholesale Terms and Conditions of Trade
NEXT NUTRITION PTY LTD - TERMS AND CONDITIONS OF TRADE
Next Nutrition Pty Ltd (ABN 97 695 870 430)
14 Jarrah Dr, Braeside VIC 3195 | Email: support@nextnutrition.com.au
1. GENERAL
(a) In these terms and conditions "the Company" shall mean Next Nutrition Pty Ltd ABN (97 695 870 430) and each of its subsidiaries, divisions, affiliates, associated companies, related entities as the provider of goods to the Customer and includes the Company's successors and assigns and "the Customer" shall mean the entity, partnership or individual requesting goods from the Company.
(b) Where the Customer is submitting a Customer Onboarding Form, the Customer warrants that all information contained in any application to the Company is true and correct at the time of making the application.
(c) These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the Customer unless agreed in writing by the Company.
(d) The Company reserves the right to review these terms and conditions at any time. Changes will take effect from the date on which the Company notifies the Customer of such change.
2. PRICES
Orders are accepted on the condition that the goods and/or services will be invoiced at the price ruling at the date of dispatch. Unless specified to the contrary, prices quoted are exclusive of all GST, stamp duty, and like levies or taxes. The Company may amend prices at any time without prior notice.
3. PAYMENT
(a) For non-account/upfront customers, cleared payment in full is required prior to the supply and dispatch of goods.
(b) The Customer acknowledges that time is of the essence with regard to payment and any breach of payment terms will enable the Company to exercise all of its rights contained herein. Orders will not be processed or dispatched for Customers whose accounts are in arrears.
(c) Credit card payments may at the discretion of the Company attract a processing fee of up to 2.2%.
(d) The Company will accept American Express cards, but any discount previously offered to the Customer will be negated by card acceptance.
(e) The Customer shall not be entitled to withhold payment of any sums after they become due by reason of any right of set off or counter claim.
(f) A deposit as notified by the Company at the time an order is placed shall be payable prior to processing custom orders, and such deposit is non-refundable.
4. INTEREST & COSTS
Should payment remain outstanding beyond agreed terms, the Customer agrees to pay interest on all amounts outstanding from the due date until the date of payment at a daily rate equal to 2% above the Company's overdraft rate, an administration fee per month of either $50.00 or 10% of the outstanding amount (whichever is greater), and all legal costs and Mercantile Agent fees incurred by the Company as a result of non-payment.
5. DELIVERY
(a) The Customer is responsible for and will be liable for all freight, transport, and insurance costs for orders under $600.00 once goods leave the possession of the Company.
(b) The Company shall use its best endeavours to meet requested delivery dates, but under no circumstances will the Company be liable for any loss or damage incurred as a result of late delivery.
(c) Delivery of goods to a third party nominated by the Customer is deemed to be delivery to the Customer.
6. CLAIMS & RETURNS
(a) It is the responsibility of the Customer to check goods upon receipt. The Customer will be deemed to have accepted the goods unless it notifies the Company in writing of any claim within three (3) days of receipt of the goods.
(b) The Company will not accept any return of goods unless prior written authorisation has been granted and returned goods are in their original condition and packaging.
7. JURISDICTION
The proper law of all contracts arising between the Company and the Customer is the Law of the State of Victoria, Australia, and parties submit to the jurisdiction of the Courts of that State.
8. WARRANTY
(a) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage.
(b) All statutory or express warranties regarding fitness for purpose, quality, or condition are excluded to the maximum extent permitted by law.
(c) Any warranty provided by the Company shall be voided if goods are repaired, altered, improperly maintained, or used contrary to instructions provided by the Company.
9. INTELLECTUAL PROPERTY
The Company shall retain copyright in all product drawings, specifications, and designs produced for the Customer unless otherwise agreed in writing.
10. CANCELLATION
Orders placed with the Company cannot be cancelled without written approval. The Company shall be entitled to charge a reasonable fee for any work done prior to cancellation, including processing and supplier restocking fees.
11. RETENTION OF TITLE AND PPSA
(a) Property and title in goods shall not pass to the Customer until the Customer has paid all amounts owing to the Company in full.
(b) The Customer grants the Company a Purchase Money Security Interest (PMSI) under the Personal Property Securities Act 2009 (PPSA) in all goods supplied.
(c) Until full payment, the Customer holds the goods as bailee and must store them separately from other property.
12. PRIVACY ACT CONSENT
The Customer authorizes the Company pursuant to the Privacy Act to seek from or give to credit reporting agencies and trade references personal or commercial information regarding the Customer's creditworthiness.
13. FORCE MAJEURE
Neither party shall be liable for any default or failure caused by acts of God, war, terrorism, strikes, fires, floods, or events beyond reasonable control.