DELIVERY & SUPPLY
Please refer to your invoice supplied with goods from Collins Debden for full terms and conditions with regards to Delivery & Supply as per point 3 below.
Delivery times vary by location and time of year. For an update on your order please contact Customer Service.
The whole of the Agreement between Collins Debden Pty Ltd ABN 42 005 173 839 ("Collins Debden") and the Applicant referred to in the Credit Application (“Customer”) are those set out in these Terms and Conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery and/or supply of all or a portion of the materials and/or labour and/or services supplied by Collins Debden under these Terms ("Goods"), the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All Goods are charged at the price ruling at the date of invoice and any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (“GST”) or other government imposts shall be payable by the Customer. Any supply of Goods by Collins Debden to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Collins Debden and any such supply does not give rise to a new or separate agreement.
2 Credit Terms
2.1 Payment is due on or prior to thirty (30) days from the date of the statement rendered in respect of the supply of the Goods unless otherwise stated in writing by Collins Debden.
2.2 Collins Debden may charge interest at a rate equivalent to two percent (2%) per month or part of a month from the expiry of that period until the date payment is received by Collins Debden.
2.3 The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a solicitor/own client basis) incurred by Collins Debden for enforcement of obligations and recovery of monies due from the Customer to Collins Debden.
3 Delivery & Supply
3.1 Collins Debden will not accept orders of a value of less than $250 plus GST or requests for supply of Goods on approval or on a “sale or return” basis. In the event that expedited delivery necessitates overtime charges or additional costs being incurred by Collins Debden such increased working costs shall be paid by the Customer.
3.2 Any times quoted for delivery and/or supply are estimates only and Collins Debden 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, by reason of any delay in delivery/supply or dispatch or delivery by instalments. Collins Debden reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
3.3 Whilst Collins Debden shall make every endeavour to deliver the correct quantity, quality and where applicable size and weight of goods ordered, the Customer acknowledges that Collins Debden may experience difficulty in supplying the Goods in the exact terms as ordered. Accordingly, the Customer agrees that in relation to the supply of Goods it shall accept and pay for the Goods supplied by Collins Debden notwithstanding inaccuracies in the precise quantity, quality, size or weight of goods (as the case may be) in comparison to the precise terms to order, on the following basis:
(a) in the case of raw paper products, in accordance with percentage tolerance levels prescribed under the terms and conditions of supply of the manufacturing paper mill supplying Collins Debden or, as may be agreed between Collins Debden and the Customer from time to time. Upon failure to reach such agreement within fourteen (14) days of delivery of the Goods the dispute shall be referred by Collins Debden for determination by a person nominated by the President of the Paper Marketing Council of Australia.
(b) in the case of manufactured stationery, a 10% “over or under” tolerance level in terms of quantity alone shall apply.
(c) in all cases an appropriate pro-rata adjustment shall be made for the value of any over or under supply with a commensurate variation to the purchase price payable.
The Customer agrees and acknowledges that, until full payment has been made for all Goods, and any other sums in any way outstanding from the Customer to Collins Debden from time to time:
4.1 all sums outstanding become immediately due and payable by the Customer to Collins Debden if the Customer makes default in paying any other sums due to Collins Debden, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.
4.2 the ownership, title and property in the Goods remain with Collins Debden shall not pass to the Customer and the Customer shall hold the Goods as bailee for Collins Debden (returning the same to Collins Debden on request). The Goods shall nevertheless be at the risk of the Customer from the time of delivery/supply and the Customer must insure the Goods from the time of delivery/supply.
4.3 the Customer is only authorised to sell the Goods (or any portion of them) to third parties as the fiduciary agent of Collins Debden provided that there shall be no right to bind Collins Debden to any liability to such third party by contract or otherwise. All payments (direct or indirect) received from such third parties by the Customer for the Goods (or any portion of them) shall be held on trust for Collins Debden pursuant to the fiduciary relationship.
4.4 in the event that the Customer incorporates or transforms the Goods (or any portion of them) into any other goods or products produced by the Customer (or a third party), then the Customer must hold a proportion of any payment ("relevant proportion") received by the Customer for such goods or products on trust for Collins Debden. The Customer expressly acknowledges that the relevant proportion shall be equal to the dollar value of the Goods incorporated or transformed and the Customer further acknowledges that any part payment (not exceeding the relevant proportion) received by the Customer for such goods or products is received as payment first of the relevant proportion.
4.5 Collins Debden or its agents are irrevocably authorised to enter the Customer’s premises or any premises under the Customer’s control where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.
5 Returns, Cancellations and Claims
5.1 The Customer shall not return any Goods to Collins Debden without obtaining prior authorisation from Collins Debden. Unauthorised returns will not be accepted. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product descriptions, quantity, date of return and the Customer's name and address must also be enclosed. Freight charges must be paid by the Customer unless the Goods (i.e. where the Customer has obtained prior authorisation to return them) are returned through Collins Debden's approved carrier. All Goods must be returned in the original packaging and the Customer shall be responsible for all damage incurred during return shipment. A credit note will be issued by Collins Debden only after Goods returned are either collected by Collins Debden's authorised representative or agent or returned to it by the Customer as set out above. The Customer shall not deduct the amount of any anticipated credit from any payment due to Collins Debden but must await receipt of a credit note.
5.2 Should the customer order Goods in error or in excess, a restocking fee will be charged if a Return Authorisation is granted.
5.3 No cancellations or partial cancellation of an order by the Customer shall be accepted by Collins Debden unless it has first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by Collins Debden, will indemnify Collins Debden against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.
5.4 All complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with the Customer’s purchase order must be submitted by the Customer to Collins Debden in writing within fourteen (14) days of the date of the invoice rendered for the supply of the Goods and carrier delivery notes must be signed “short delivery” or “damaged”. Otherwise, the Customer shall be deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order.
6.1 No warranties except those which cannot be excluded by law are given by Collins Debden in respect of the Goods.
6.2 To the extent permissible by law, Collins Debden’s liability for breach of a condition or warranty is limited to, at Collins Debden’s option;
(a) in relation to the Goods:
the replacement of the products or the supply of equivalent products
(ii) the repair of the products
(iii) the payment of the cost of replacing the products or of acquiring equivalent products; or
(iv) the payment of the cost of having the products repaired
(b) Where the Goods are services:
(i) the supply of service again; or
(ii) the payment of the cost of having the services supplied again.
6.3 Any claims to be made against Collins Debden for short delivery of Goods must be lodged with Collins Debden in writing within 7 days of the delivery date.
6.4 To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Collins Debden is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by Collins Debden’s failure to complete or delay in completing the order to deliver the Goods.
7 Customer’s Acknowledgment
7.1 The Customer acknowledges that:
(a) it has satisfied itself of the suitability and condition of the Goods for its indented purpose;
(b) it was aware of the design and performance specifications of the Goods prior to entering into the Agreement;
(c) it has not relied on any representations of Collins Debden, its employees or agents in choosing to purchase the Goods or determining whether the Goods is fit for its purpose;
(d) it had the opportunity to inspect the Goods prior to entering into these Terms.
8.1 Defined terms in this clause have the same meaning as given to them in the PPSA.
8.2 Collins Debden and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the Collins Debden to claim a Purchase Money Security Interest (“PMSI”) in favour of Collins Debden over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms.
8.3 The goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.8.4 Collins Debden and the Customer acknowledge that Collins Debden, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to
Customer pursuant to these Terms on the PPS Register.
8.5 To the extent permissible at law, the Customer:
(a) waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to Collins Debden.
(b) agrees to indemnify Collins Debden on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
(i) registration or amendment or discharge of any Financing Statement registered by or on behalf of Collins Debden; and
(ii) enforcement or attempted enforcement of any Security Interest granted to Collins Debden by the Customer;
(iii) agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;.
(c) agrees to waive its right to do any of the following under the PPSA:
(i) receive notice of removal of an Accession under section 95;
(ii) receive notice of an intention to seize Collateral under section 123;
(iii) 220.127.116.11 object to the purchase of the Collateral by the Secured Party under section 129;
(iv) 18.104.22.168 receive notice of disposal of Collateral under section 130;
(v) receive a Statement of Account if there is no disposal under section 132(4);
(vi) receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
(vii) receive notice of retention of Collateral under section 135;
(viii) redeem the Collateral under section 142; and
(ix) reinstate the Security Agreement under section 143.
(d) All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA
9.1 The Customer agrees that upon the on-sale of any Goods to third parties, it will:
(a) inform any third party involved of these Terms;
(b) not make any misrepresentations to third parties about the Goods.
To the full extent permitted by law, Customer will indemnify Collins Debden and keep Collins Debden indemnified from and against any liability and any loss or damage Collins Debden may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives.
The Customer must notify Collins Debden in writing within seven (7) days of:
12.1 Any alteration of the name or ownership of the Customer.
12.2 The issue of any legal proceedings against the Customer.
12.3 The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.
12.4 Any change in the ownership of the business name of the Customer. The Customer agrees that it shall be liable to Collins Debden for all Goods supplied to the new owner by Collins Debden until notice of any such change is received.
13.1 These Terms shall be governed by and interpreted according to the laws ofNew South Walesand Collins Debden and the Customer consent and submit to the jurisdiction of the courts ofNew South Wales.
13.2 Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.
13.3 These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
13.4 No waiver of any of these Terms or failure to exercise a right or remedy by Collins Debden will be considered to imply or constitute a further waiver by Collins Debden of the same or any other term, condition, right or remedy.