• Terms & Conditions

Terms and Conditions

Terms and Conditions of Sale for Goods and Provision of Services

1. Payment

Payment is to be made 28 days from invoice date for account customers and immediately on delivery for all others.

2. Interest and penalties

In default of such prompt payment, you undertake to pay late payment fees/interest which will be charged on overdue accounts at the rate from time to time prescribed by the Penalty Interest Rates Act 1983 plus 2.5%, calculated monthly in arrears, and to indemnify us and pay all costs and expenses on a solicitor/client basis if legal action is necessary, and/or Audit Collection Services fees, which we may incur in recovering from you any overdue account.

3. Property

Immediately upon delivery the Customer accepts liability for the safe custody of the goods and dispensing equipment and agrees to indemnify Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food.

  • a) For any losses sustained in any manner whatsoever in relation thereto.
  • b) Property in the goods shall not pass to the Customer until payment in full of all monies owed by the Customer to Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food for those goods and any other and Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food reserves the right to take possession of and dispose of the goods as it sees fit at any time until full payment has been made. The Customer hereby grants permission to Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food to enter upon any land or premises where the goods are in order to do so and authorises Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food to use all reasonable steps as are necessary to do so and Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food shall be deemed for the purposes of the Corporations Law to have entered possession, assumed control or exercised a power in relation to goods supplied under this contract.

c) Until payment in full is made the Customer agrees: -

 

i) To keep all goods unpaid for as fiduciary Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food and to store them in a manner which clearly shows Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food as owner;

ii) A Customer may only effect sale of the goods or any thereof in the usual course of its business upon condition that the Customer holds any and all proceeds of sale relating to the goods on trust for Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food. Sale on terms or for less than cost or after default or deemed default by the Customer shall not be “in the usual course”.

iii) Upon termination of this agreement for any reason the fiduciary relationship herein shall cease, and the Customer shall not sell or convert any goods in its possession.

  • d) The Customer agrees that a certificate purporting to be signed by an officer of Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food identifying goods as “unpaid for” shall be conclusive evidence that those identified goods have not been paid for, and of Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food title to those goods.
  • e) These Terms and Conditions of Sale for Goods and Provision of Services are not intended to create a charge and will be read down to the extent necessary to prevent creating a change.

4. The undersigned has the authority to make this proposal on behalf of the Customer.

5. Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food will act on reliance of these representations.

6. Unless otherwise confirmed by Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food in writing delivery shall be made CIP (Incoterms 2010).

7. New customers are on a cash basis until credit facilities are approved.

8. All invoices are payable in accordance with terms approved by Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food from date of invoice.

9. Credit facilities may be withdrawn immediately on overdue accounts or if payment is made by dishonoured cheque.

10. Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food reserves the right to charge interest on overdue accounts in accordance with the rate set by Section 2 of the Penalty Interest Rate Act set from time to time from the due date until the account is paid in full by the applicant.

11. Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food must be immediately notified in writing in the event of any change of ownership of the business. The Customer agrees to indemnify Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food against any loss incurred if such notice is not given.

12. Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food from time to time may vary the credit limit it will allow the Customer.

13. The Customer agrees to pay Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food for any additional expenses (including legal costs, commissions and bank charges) incurred in collecting outstanding debts.

14. Credit facilities are extended to the Customer on the basis of the above terms and conditions. These terms and conditions may be varied from time to time by Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food by notice to the Customer

15. The Customer agrees to notify the supplier no later than 14 days prior to any change of ownership of the intended change. Failure to do so could result in the applicant being responsible for future debts. (Credit facilities will not automatically be transferred to the new owner).

16. The Customer agrees not to deduct any amount from an account due to a dispute of the account or quantity of goods received and agrees that once the goods are signed for as being delivered and received, the quantity of goods received and/or product condition cannot be disputed.

17. The Customer declares that the applicant (or any Partner, or Director of same) has never been registered under the Bankruptcy Act or been a Director of a company which has gone into liquidation or had a receiver/manager appointed.

18. Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food shall never be liable for any operating loss, loss of orders, loss of income, loss of profits, loss of time, loss of public subsidies, loss of goodwill or for any special indirect or consequential losses or damages whatsoever, howsoever caused.

19. The validity, performance and construction of this contract between the Customer and Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food shall be governed by Australian law. Any dispute, controversy or claim arising out of, relating to, or in connection with this contract including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The sea of arbitration shall be Sydney, Australia.

Privacy Act

If Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food considers it relevant to assessing the Customer’s application for commercial credit, the Customer agrees to Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food obtaining from a credit reporting agency a credit report containing personal credit information about the customer in relation to commercial credit provided by Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food.

If Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food considers it relevant to collecting overdue payments in respect of commercial credit provided to the Customer, the Customer agrees to Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food receiving from a credit reporting agency a credit report containing personal credit information about the customer in relation to collecting overdue payments.

The Customer agrees that Arla Food Mayer Australia Pty Ltd and/or MAYERS Fine Food may give and seek from any credit providers named in this credit application and any credit providers that may be named in a credit report issued by reporting agency information about the Customer’s credit arrangements. The Customer understands that this information can include any information about his/her credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.

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