IN CONSIDERATION OF INDY-C Fashion & Accessories Pty Ltd, A.B.N. 76 582 752 442, (hereinafter referred to as ‘the Company”) providing services to the party or parties (hereinafter referred to as “the Customer”) named on the invoiced annexed to these conditions, the Customer acknowledges and agrees:
• These terms apply to and form part of any contract between the Company to the Customer and are effective from the date of acceptance by the Customer and may be amended or superseded from time to time by notice given by the Supplier by any means.
• Liability for accounts held in more than one name shall be joint and several.
• The Customer acknowledges and agrees that the following applies to and forms part of any contract for the supply of goods by the Company and that these General Terms and Conditions take precedence over any terms and conditions which may be contained in any document provided by the Customer.
Payment
Credit Account Customers are required to pay all amounts for purchases in full no more than 30 days from the end of the month during which any given purchase is made.
In the event of a dispute, the complete undisputed portion of the account must be paid in accordance with the Payment Terms.
All purchases are to be made in Australian Currency (AUD) only.
All other Customers are COD (cash on delivery).
Defects & Returns
The Customer shall inspect the goods upon delivery and notify the Company within 7 days (or, in the case of on-sold items, 14 days from the date of purchase) of any defects, short deliveries or any failure to fulfill any quotation or order.
The Customer will, before returning any goods, obtain from the Company a Return Authorization Number in accordance with the Returns Procedure.
Should the Customer fail to notify the Company within the specified period then the goods shall be deemed to be in compliance with the order and free from any defect whatsoever.
Interest
Interest on overdue accounts may be charged at a rate of 1.25% per month and, further, the Customer expressly undertakes to pay all such interest.
Collection Expenses
Should it be considered necessary by the Supplier to incur legal and/or other expenses, including any such expenses to any debt collection agency, in obtaining or attempting to obtain payment of any amount due by the Customer, the Customer shall be liable for such expenses. The Customer further acknowledges that those expenses will be calculated on a commission basis at a percentage rate of up to 25% of the amount owing and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the agency. Amounts received by the Supplier may be applied first against interest, charges and expenses.
Retention of Title and Right of Access
Property in all the goods supplied shall remain vested in the Company and shall not pass to the Customer until all monies owing to the Company by the Customer together with all collection, repossession and / or legal costs incurred, have been paid in full.
The goods shall be stored in such a manner as to be clearly identifiable as the property of the Company until title has passed to the Customer and further, upon re-sale of the goods by the Customer, the Company shall have the right to trace any proceeds of sale.
The Company may demand at any time until title has passed to the Customer that the Customer returns the goods or any part of them.
In the event that the Customer defaults in the payment of any monies owing, the Company and its employees or agents shall have the right to enter without notice upon the Customer’s premises or any other premises where the goods are known to be stored to repossess the goods and for this purpose the Customer shall grant reasonable access rights and the Company, its employees or agents shall be entitled to do all things required to secure repossession.
Liability
The liability of the Company to the Customer for any reason related to the performance of goods under this agreement shall be limited to the replacement or repair of the goods or the amount paid or payable by the Customer in respect of the particular goods.
Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of South Australia and, where applicable, the Commonwealth of Australia, and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia.
General
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the remaining provisions.
Clerical errors are subject to correction and do not bind the Supplier.
Headings are for ease of reference only and do not form part, or affect the interpretation, of these Terms and Conditions.
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