By visiting or viewing our website or ordering from Trio Brothers Trading you agree to acknowledge and be bound by the Terms and Conditions outlined in this agreement.
DEFINITIONS AND INTERPRETATIONS
- The Applicant is referred to as Purchaser
- Trio Brothers Trading Pty –ABN 25079259279 is noted as the Supplier
- ‘Agreement’ means the agreement between the Purchaser & Trio Brothers & its employees, agents, any person working in its business.
- Goods refer to all goods supplied by the Supplier.
- Headings in the Terms & Conditions are for the ease of reference only and do not affect their meaning.
RETURNS & CREDITS
Credits and/or invoice adjustments will only be made to the Purchaser where the following has occurred:
- Been invoiced incorrectly with reference to the original purchase order.
- Has received a product of faulty workmanship.
- Has received incorrect stock with reference to the original purchase order.
- Credits will be calculated based on the price on the corresponding invoice.
- The Purchaser must notify Trio Brothers in writing within 7 days of delivery if the goods delivered to the client do not match the order.
- The Purchaser must notify Trio Brothers of any defect in the goods received.
- The Purchaser may not be granted accredit if the Purchaser has lost, destroyed or disposed of the good or the good has been damaged after delivery.
- Purchaser shall not return any goods to the Suppliers head office unless prior permission has been granted by the National Sales Manager.
- Should stock returned be more than 12 months old, then the full value will not be credited & discount will apply on a Pro-rata basis determined by the age of stock returned to Trio Brothers.
- Goods specifically ordered by Trio Brothers for the Purchaser will not be accepted for credit /return.
- Credit will only be authorised/ issued if the stock being returned is in the original saleable condition it was received in.
- Store damaged or soiled products will be credited on a pro-rata basis or not at all at the Supplier’s discretion.
Credit notes will be processed under the following conditions:
- That the Purchaser notifies their Suppliers sales representative who will then submit the approximate credit documentation.
- The Purchaser is required to provide a Suppliers invoice number.
- In the event of stock damaged in transit, the Purchaser is required to notify the Supplier within (3) business days of receiving the stock.
- In the event that stock is not received according to listed invoice items, the client is required to notify the Supplier within 24 hours of the goods being received.
- Credits to be taken via purchases of Trio Brothers stock only – any refund to be in form of Supplier stock credit.
Accounts are payable 30 DAYS date of invoice.
- To open an account, a current Australian Business Number is required & application to be approved by Credit Department.
- The Purchaser accepts a 7 day processing time for credit applications.
- Title remains with the Supplier & no legal or equitable interest in the goods will pass to the Purchaser until the full amount of the goods has been paid.
- Until title passes to the Purchaser, the Purchaser holds the goods on the Suppliers behalf as Bailee and acknowledges that a fiduciary relationship exists between Purchaser & Supplier.
- The Supplier reserves the right to recover unpaid for items of Trio stock from the Purchaser premises should the Purchaser not pay within current Suppliers terms or becomes insolvent (including under Administration or Liquidation or bankrupt.
- The Purchaser acknowledges that these Terms & Conditions of Sale may create a security interest in all goods supplied.
- Until the Purchaser has made full payment for goods it shall not without the prior written consent of the Supplier, create a security interest in the goods or the sale proceeds of the goods to any third party or permit any lien over the goods or the sale proceeds of the goods.
- Applicants who have been granted a credit account and fail to pay within the agreed terms may have orders held & risk losing their credit account and future orders may be on a payment before dispatch basis. In addition, all invoices on the account will become due payable immediately if any invoices exceed the Terms of Credit.
- Applicants who fail to pay an account that is overdue may be passed over to a collection agency. All costs incurred from taking action to recover due monies will be recoverable by the Supplier against the client.
- All legal action instituted against the Purchaser is to be held within the State jurisdiction of the Suppliers current Head Office.
- Payment agreements may be entered into under certain circumstances but only on the approval of the Supplier.
- Should the Purchaser sell or close their business, then all monies on the account will be due payable immediately.
- The Supplier may terminate the Agreement without further notice if the Purchaser is in breach of any terms of the Agreement, has refused or failed to take delivery of goods, is declared bankrupt, goes into administration or liquidation or has a petition for bankruptcy or winding up notice against them or enters into a Scheme of arrangement.
- The Purchaser must indemnify the Supplier for any loss or damage the Supplier suffers or incurs as a result of Termination including but not limited to any costs & expenditure incurred due to the Termination.
- Purchaser will be subject to freight charges. This fee is variable according to the number of cartons, weight and dimensions of cargo being delivered. The Supplier in no way profits from freight charges to the Purchaser.
- Stock returned to the Supplier which does not comply with the above terms and conditions will be returned to the Purchaser at their own expense.
- If Purchaser returns goods directly, freight costs to be incurred by the Purchaser unless the arrangement is agreed to by the Supplier
- The Purchaser shall pay all additional charges.
- The Supplier reserves the right to vary prices without notice in accordance with variation in charges, duties, transportation costs, labour rates supplier’s costs etc.
- Unless otherwise agreed, where the Purchaser has nominated an address for delivery, the Supplier shall deliver the goods to that nominated address.
- The Supplier shall not be responsible for unloading goods at the point of delivery.
- Where goods are delivered to a nominated address, the Supplier shall be deemed to have delivered the goods in accordance with the Agreement if it obtains a signed delivery docket for the goods from any person at that address.
- The Supplier reserves the right to refuse to supply the goods under an Agreement if the Purchaser is in default of any of its payment obligations under one or more agreements.
- The risk of loss or damages to goods shall pass to the Purchaser at the time of delivery.
- The Supplier is not liable to the Purchaser for any loss or damage or deterioration of the goods after delivery.
- Any delivery date stated by the Supplier is to be used as an estimate only.
- Where a delay to supply goods occurs, in no event shall the Supplier incur any liability for failure to supply goods by the agreed time.
Applicants who are located within Australia will be subject to a 10% G.S.T (Goods and Services Tax).
- The supply of goods or services to the Purchaser does not constitute a transfer of any intellectual property rights in the goods or services of any part thereof.
- The Purchaser shall not do anything inconsistent with or in infringement of such intellectual property rights including but not limited to the de-compilation, disassembly and re-engineering thereof.
- Where the Supplier or its contract manufacturer provides the goods or services to the Supplier design & specifications the Purchaser agrees to indemnify and keep indemnified the Supplier & its related corporations against all actions, claims, loss, damages costs, fines that the Supplier & its related corporations may incur or suffer as a result of a claim by a third party that the manufacturer and sale by the Supplier of the goods or any part thereof or the provision of services infringes any intellectual property right of such third party.
Should the Supplier be delayed, hindered or otherwise prevented from complying with the terms of this Agreement by reason of events or circumstances beyond the reasonable control of the Supplier including but not limited to Acts of God, wars, riots, strikes, lockouts, trade disputes or labour actions, a breakdown of plant or machinery, accident, storm, fire, flood, difficulties in obtaining materials, transport or labour or any other circumstances affecting the supply of goods or services, then the Supplier shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser whether as a direct or indirect result of any such occurrences.
ACKNOWLEDGEMENT – LIABILITY
- The Purchaser agrees that the Supplier shall not be liable for any claims or losses of any kind whatsoever including but not limited to damage to property, injuries to persons which may result directly or indirectly in connection to use of Supplier products other than expressly set out in these Terms & Conditions or set out or imposed by statute in terms of which it is not possible to limit or exclude liability.
- The Purchaser indemnifies the Supplier against any claims that may arise.
- The liability of the Supplier for any loss for which it is liable to shall be limited to the price or other sum paid by the Purchaser to the Supplier for the goods from which such loss or damage directly arose.
- The Supplier shall not be liable for any indirect, consequential or incidental damages including loss of revenue by any party arising out of or in any way connected with the goods the subject of the agreement between the Purchaser and the Supplier.
- The Purchaser and the Supplier shall treat all information received, implied or otherwise accessed from the other party, which is not accessible by the public as confidential.
- These terms and conditions and the Agreement shall remain confidential and will only be disclosed to those with a need to know or as may be required by law.
- Cheque or Money Order
- Credit Card (Visa, MasterCard American Express is also accepted)- all cards incur a card fee that is applicable at the time.
- Direct Deposit at any Commonwealth Bank in Australia.
- Please note that in the event of a dishonoured cheque, a $25.00 returned fee will apply to the account.
- Any payments made must have Remittance Advise provided or to the office.
- Payments may be allocated to accounts at the discretion of the Supplier.
- Applicants will contact their Suppliers sales representative for any purchasing requirements.
- A Purchase Order form must be signed by the Purchaser as authorization of the order.
- A Purchase Order form detailing product codes, quantities, price and other miscellaneous requirements must be submitted to the office to process the order.
- The supplier may not dispatch orders where the Purchaser has exceeded current credit terms.
- Delivery of goods will only apply to Applicants who have an approved credit account and are trading within the terms of their agreement.
- The Purchaser acknowledges that upon signing the purchase order that they have entered into a binding agreement. What is indicated on the Purchase order is fixed and cannot be changed unless a substitute item is supplied for an out of stock item or additional items have been added.
- What the Purchaser purchases are his/her own responsibility.
- It is the Purchaser’s responsibility to make sure that all products that are purchased comply with their State Law.
OUT OF STOCKS & SUBSTITUTES
- If a Purchaser has ordered an item which at the time of the order is out of stock, this item will not be charged for on the invoice.
- At the time of sale, the client may request substitute stock. This is defined as replacing an out of stock item with a similar one.
- Substitute stock will be charged at the same price as the original out of stock item unless otherwise agreed.
Please feel free to contact us if you require further information or a clarification of any statements above.
© Copyright 2017 Trio Brothers Trading Pty Ltd