© 2020 by Fackelmann Housewares

GENERAL TERMS AND CONDITIONS OF SALE (“Terms”)

INTERPRETATION

In these terms the “Seller” means Fackelmann Housewares (FMHW Pty Ltd), ABN 89 601 910 776, and its operating divisions.  “Buyer” means the purchaser of the goods sold. These Terms supersede all other terms, conditions and agreements and apply to all future transactions between the Buyer and Seller.

 

APPLICATION

These conditions apply unless special arrangements have been agreed in writing by the Seller’s Management.

 

GENERAL

The following are the terms and conditions of sale for the goods specified on our invoices unless varied in a written quotation in which case the terms and conditions appearing on our quotation will apply.

 

TERMS OF PAYMENT

  1. The granting of credit to a Buyer shall be at the absolute discretion of the Seller and unless otherwise demanded by the Seller, the Buyer shall make payment of all amounts payable within thirty (30) days after the end of the month of delivery. If the Buyer fails to make payment in accordance with this term, then the Seller shall be entitled to:-

    • a) Require the payment of cash before delivery of any further goods.

    • b) Charge an interest rate of one point seven five percent (1.75%) per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid, such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but a true measure of damages incurred by the Seller. Payments received from the Buyer will be credited first against any interest charge and all such fees shall be payable on demand;

    • c)     Claim from the Buyer all costs, expenses & charges incurred on any account whatsoever including but not limited to any action taken by the Seller to recover monies or goods due from the Buyer including but not limited to mercantile agents costs & legal costs & disbursements on a solicitor-client basis.

  2. The Buyer shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off.

 

FREIGHT CHARGES/MINIMUM ORDER

Goods will be delivered Free into Store in all capital cities of Australia, provided the value of the original order/shipment is in excess of $300. In all other places freight and transit insurance will be at the expense of the Buyer.

 

SMALL ORDERS

The Seller reserves the right to reject an order under $300.00 in wholesale value. If such an order was accepted, it would be subject to a $15.00 administration surcharge.

 

DUTIES, TAXES, ETC

In addition to the price, Buyer will pay to Seller the amount of any new or additional tax, duty, excise, primage or charge imposed by any authority after the date of Seller’s acceptance of Buyer’s order for the goods up to the date of dispatch of the goods.

 

CLAIMS, RETURNS AND ALLOWANCES

  1. The Seller's Sales Manager or Agent may in his/her absolute discretion agree to accept returns of undamaged goods for credit. Written authorisation from them is necessary before returning goods for credit. 

  2. Claims will not be accepted for short deliveries, damage in transit or faulty merchandise unless notification is received by Seller within fourteen (14) days of delivery to the Buyer’s premises.

  3. Authorisation by the Seller’s representative must be obtained before goods are returned.

  4. Any claims for damaged goods must refer to the official invoice number and date, and state the reason for the claim.

  5. No freight or other charges for goods returned by the Buyer will be accepted by the Company unless authorised. The Seller's nominated carrier must be used if qualified goods are returned.

  6. Acceptance of delivery for returned goods for credit does not signify agreement to issue a credit note.  A credit note will be issue only after the goods have been inspected and found to be satisfactory in the opinion of the Company. In the event that a credit note is not issued, the Buyer will be advised and the goods made available for collection by the Buyer.

  7. Goods returned for credit may be subject to re-stocking charges and will be credited to your account only if received in saleable condition & they were faulty or in a damaged condition when delivered to the Buyer.

  8. The following goods cannot be returned for credit under any circumstances: 

    • a) Any goods specially made or purchased for the Buyer. 

    • b) Any goods damaged or altered in any way by the Buyer.

  9. The Seller will not be responsible for pursuing any claim or replacement of any goods as a result of loss or damage resulting from the transport of merchandise via Parcel Post or a Commercial Carrier.

 

PRICE

Prices are those as at the date of despatch ex-warehouse. The list price excludes the Goods & Services Tax (GST).  The prices quoted were current at time of printing and are subject to change without notice.

 

LIABILITY

  1. Any description of goods in this document is by way of identification only and use of such description will not constitute a sale by description.  The Buyer will take the goods at the Buyer’s own risk as to their corresponding sample (if any) or as to their quality, condition or sufficiency for any purpose.

  2. No claim for damage, direct or indirect or consequential, in respect of the supplied hereunder will exceed the invoice price of the goods in respect of which damage has arisen.  The company will have the sole right to decide whether the goods are capable of repair and the Company’s liability (if any) in respect of claims under any contract arising hereunder will be limited as follows:

    • a) Where the goods are capable of repair, to repair the goods, or the payment of the cost of having the goods repaired; or

    • b) Where the goods are incapable of repair to the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods.

 

LEGAL CONSTRUCTION

  1. The construction, validity and performance of any contract arising hereunder shall be governed by the laws in force in the state in which such contract is made.

  2. The signing of a manifest of delivery document for goods received, notwithstanding anything that may be stated to the Buyer, will constitute acceptance of these Terms and Conditions of Sale.

  3. Where any provision hereof or part hereof purports to exclude restrict or modify a provision of the Trade Practices Act 1974 which by reason of such Act cannot be excluded, restricted or modified, such provision or part thereof will be deemed to be deleted here from and any contract arising there under shall continue in force as though such provision of part thereof had never been incorporated herein.

 

PASSING OF TITLE

  1. The goods shall be at the Buyer’s risk for loss or damage upon delivery to the Buyer’s premises.  Title shall not pass to the Buyer until all payments due from the Buyer in respect of the goods have been made to the Seller by cleared funds.

  2. Until the goods are paid in full, the relationship between the parties will be fiduciary, and the Buyer will hold the goods as bailee for the Seller. The Buyer will store the Seller's goods separately from the Buyer’s own goods.

  3. Buyer may before paying for the goods, sell the goods to third parties, in which event, Buyer shall hold on trust for the Seller: 

    • a) The proceeds of sale:  or 

    • b) Rights to such proceeds

  4. If any question arises as to title to the goods, the onus shall be on the Buyer to provide that title has passed to the Buyer.

 

GOVERNING LAW

The Buyer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as the Seller may in its sole discretion determine. Proceedings by either the Seller or the Buyer may be instituted and/or continued in such State or Territory as the Seller may in its sole discretion determine. Failing such determination, the Buyer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the state of New South Wales.