Chris Hunter Sales Pty Ltd
ABN 57 113 583 001
Trading Terms and Conditions
These terms and conditions apply to the sale of all goods sold by Chris Hunter Sales Pty Ltd (CHS) unless otherwise agreed in writing by CHS.
- ‘CHS’ means Chris Hunter Sales Pty Ltd;
- ‘Credit Application’ means an application for a 30 day trading account made in the form prepared by CHS;
- ‘customer’ means the purchaser of goods from CHS;
- ‘goods’ means goods supplied by CHS to the customer; and
- ‘Price List’ means the price list provided by CHS (as amended from time to time).
- CREDIT APPLICATIONS
2.1 These terms and conditions apply to customers whose Credit Application is accepted by CHS.
2.2 CHS reserves the right to refuse to accept a Credit Application.
2.3 CHS may apply a different credit limit to the amount specified in a customer’s Credit Application.
2.4 The customer represents and warrants to CHS that all purchases of goods from CHS will be made solely for commercial or business purposes.
3.1 Purchase orders should be in writing delivered to CHS.
3.2 CHS reserves the right to refuse any purchase order.
3.3 There is no contract for the supply of goods until a purchase order is accepted by CHS.
- MINIMUM ORDER VALUE AND FREIGHT COSTS
4.1 CHS reserves the right to refuse to accept any order that has a value less than CHS’ minimum order value limit applicable at the time of ordering.
4.2 The customer is responsible for meeting all freight costs associated with orders of goods unless otherwise agreed.
- PRICING AND GST
5.1 All prices quoted in the Price List are exclusive of GST.
5.2 CHS reserves the right to alter the Price List at any time.
- TERMS OF PAYMENT
6.1 Payment terms are strictly 30 days from the end of the month in which the goods are invoiced.
6.2 Payment must be made by electronic funds transfer to a bank account nominated by CHS or by cheque or cash.
6.3 Payment remains due even in the case of disputed invoices.
6.4 CHS will cease to provide goods on credit if an amount is outstanding for 45 days or more.
6.5 If an amount remains outstanding for 60 days after the end of the month in which the goods are invoiced CHS is entitled to charge an administration fee equal to 2% of the outstanding amount for each month that the amount remains unpaid. The customer acknowledges that this fee represents a reasonable estimate of the loss that CHS is likely to suffer arising from the breach of these terms by the customer.
6.6 The customer will pay to CHS any costs directly or indirectly incurred by CHS in enforcing these terms and conditions. These costs include but are not limited to costs incurred in recovering any amounts owing to CHS by the customer.
6.7 The customer indemnifies CHS for any loss or damage suffered by CHS as a result of any breach of these terms and conditions by the customer.
- RETENTION OF TITLE
7.1 CHS retains title to all goods and title will not pass to the customer until the purchase price for the goods has been paid in full and received by CHS.
- Until title to the goods passes:
- CHS has authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods;
- CHS and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the goods or any part are stored, or upon which CHS reasonably believes them to be kept;
- the customer must store or mark the goods in a manner reasonably satisfactory to CHS indicating that title to the goods remains vested in CHS; and
- the customer must insure the goods to their full replacement value.
7.3 Irrespective of whether title to the goods remains vested in CHS, risk in the goods will pass to the customer on delivery.
- CLAIMS AND RETURNS
8.1 Any claim in relation to goods supplied must be made within seven (7) days of delivery.
8.2 Any claim must identify the goods, the invoice number and the date of the invoice.
8.3 Goods cannot be accepted by CHS representatives or agents unless the customer has given notification to and received authority from CHS, and such authority must be attached to the goods. Faulty goods or incorrectly supplied goods will be collected by CHS’ representative or agent on the next visit unless alternative means have been arranged and authorised by CHS.
8.4 CHS will not be responsible for any freight cost associated with the return of goods.
8.5 CHS will issue a credit note for goods returned in the following circumstances:
- if the goods are returned in original saleable condition;
- in relation to goods claimed to be faulty due to a manufacturing defect – after inspection and acceptance of the claim by a CHS representative or agent;
- in relation to goods that are not part of CHS normal inventory lines as listed in the CHS Price List – only if CHS has consented to provide a credit note prior to return of the goods (and CHS may withhold its consent without having to assign any reason for doing so).
8.6 CHS reserves the right to charge a restocking fee equal to the costs it incurs in dealing with goods returned by the customer.
8.7 Goods being returned for credit must be made available on the next visit by a CHS representative or agent. If the goods are not made available at that time, the customer will be deemed to have accepted the goods and normal trading terms will apply.
8.8 Despite anything to the contrary in these terms, CHS reserves the right to refuse to accept returns of goods other than in respect of faulty or defective goods.
8.9 The customer remains liable to pay for goods ordered where:
- the customer does not use CHS product codes; or
- the customer uses incorrect product codes.
- SECURITY AND GUARANTEE OF PERFORMANCE
- The customer grants to CHS:
- a PPSA Security Interest over all PPSA Personal Property; and
- a fixed charge over all Other Property,
to secure the customer’s obligations under these terms and conditions.
- The customer acknowledges and agrees that these terms and conditions:
- constitute a Security Agreement;
- create a Purchase Money Security Interest in:
- all goods previously supplied by CHS to the customer;
- all goods that will be supplied in the future by CHS to the customer; and
- all proceeds of the sale of such goods.
9.3 The customer will:
- if requested by CHS promptly sign any further documents and/or provide any further information that CHS may reasonably require to:
- register a Financing Statement or Financing Charge Statement on the Register; or
- register any other document required to be registered by the PPSA;
- indemnify CHS for all expenses incurred in registering a Financing Statement or Financing Change Statement on the Register or releasing the goods charged thereby and will on demand by CHS reimburse CHS for all such expenses;
- not register a Financing Change Statement in respect of a Security Interest or Purchase Money Security Interest without the prior written consent of CHS;
- not register, or permit to be registered a Financing Statement or Financing Change Statement in relation to the goods in favour of a third party without the prior written consent of CHS;
- immediately inform CHS of any material change in its business practice of selling the goods that would materially affect CHS rights under this clause 9.
9.4 For the purposes of this clause 9:
Financing Charge Statement has the meaning given to that term in the PPSA;
Financing Statement has the meaning given to that term in the PPSA;
Other Property means all present and after-acquired property of the customer that is not PPSA Personal Property;
PPSA means the Personal Property Securities Act 2009 (Cth);
PPSA Personal Property means:
- all of the customer’s present and after-acquired property in which the customer can be a grantor of a PPSA Security Interest including property in which the customer has, or may in the future have, rights or the power to transfer rights;
- proceeds; and
- PPSA retention of title property (as that term is defined in the Corporations Act 2001 (Cth));
PPSA Security Interest has the meaning given to that term in the PPSA;
Purchase Money Security Interest has the meaning given to that term in the PPSA;
Register has the meaning given to the term in the PPSA;
Security Agreement has the meaning given to the term ‘security agreement’ in the PPSA.
9.6 A director of the customer who signs the Credit Application:
- guarantees the performance by the customer of its obligations under these terms and conditions; and
- indemnifies CHS for any loss or damage suffered by CHS as a result of any breach of these terms and conditions by the customer;
- acknowledges and agrees that the guarantee by the director is a continuing guarantee;
- acknowledges and agrees that the director’s liability under this guarantee is not affected or discharged by the customer entering into any arrangement with its creditors;
- acknowledges and agrees that the director is liable in respect of this guarantee even if all directors of the customer have not signed the Credit Application;
- acknowledges and agrees that CHS may recover against the director without having to first seek recovery against the customer;
- acknowledges and agrees that any payment by the customer or the director that is set aside or avoided by any law relating to insolvency will be treated as never having been made; and
- indemnifies CHS for any loss or damage suffered by CHS if CHS is required to disgorge any amount to a liquidator of the customer.
- LIMITATION OF LIABILITY
10.1 CHS will not be liable or responsible for any loss, damage, injury to property or persons resulting from the supply of defective goods unless such loss or damage can be established to the reasonable satisfaction of CHS.
10.2 CHS liability (if any) for any loss, damage, injury to property or persons resulting from the supply of defective goods will be limited (at CHS’ election) to:
- replacement of the goods or a supply of equivalent goods;
- repair of the goods; or
- a monetary payment not exceeding the cost of the relevant goods.
- PROVISION OF INFORMATION AND PRIVACY
11.1 The customer must provide to CHS such financial information regarding the customer as CHS reasonably considers necessary to support the Credit Application.
11.2 The customer consents to CHS making its own inquiries regarding the customer’s financial situation. The customer will execute such documents as CHS may reasonably require to assist and enable CHS to undertake those inquiries.
11.3 The customer consents to CHS using any information it obtains from the customer or from its own inquiries in such manner as CHS acting reasonably sees fit, including but not limited to sharing information with any credit reporting agency or debt collector.
11.4 CHS will abide by the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth).
- FITNESS FOR PURPOSE
12.1 The customer agrees that it does not rely on the skill or judgement of CHS in relation to the suitability of any goods for a particular purpose.
- GOVERNING LAW
13.1 The supply of goods and the provision of credit by CHS will be governed by the laws of Victoria and the Commonwealth of Australia, and the parties agree to submit themselves to the jurisdiction of the courts of Victoria.