X-PRESS GRAPH-X SUPPLIES P/L TERMS AND CONDITIONS

The following Trading Terms & Conditions (Terms & Conditions) relate to the sale and delivery of goods from X-Press Graph-X Supplies Pty Ltd (“X-Press Graph-X Supplies”).

For the purposes of these Terms & Conditions, a reference to “goods” is a reference to the products, goods, or stock sold or delivered by X-Press Graph-X Supplies to the customer.

Supply on Credit

X-Press Graph-X Supplies will only consider offering credit terms once a completed official X-Press Graph-X Supplies 30 Day Credit Application has been completed and approved by X-Press Graph-X Supplies.

Prices

Prices listed are subject to variation without notice, however where possible one month’s notice will be provided. All prices listed are exclusive of GST.

Orders

Minimum order value is $150. Orders below $150 may be authorized subject to a $10 administration fee. To increase efficiency and assist in minimizing errors we recommend that all orders are placed using product codes as listed in this price list.

Payment Terms

Where accounts have been authorized, payment terms are strictly 30 days nett. Payments for COD customers will need to be cleared prior to goods being dispatched. Payments may be made through direct electronic transfer. Contact our accounts department for account details.

Payments may also be made by credit card (Mastercard or Visa).

X-Press Graph-X Supplies reserves the right to stop supply to any customer whose account is overdue until the amount is paid in full.

Freight

Freight is payable by the customer unless alternate arrangements have been authorized by X-Press Graph-X Supplies. Freight will not exceed 10% of the value of the order for delivery to Adelaide, Brisbane, Melbourne and Sydney metropolitan areas. For all other areas (excluding WA and NT) freight will not exceed 20% of the value of the goods.

Delivery

All orders will be dispatched as soon as possible. In the event that an item is out of stock, this will be identified on the invoice with a request to re-order and an expected due date when the product will be back in stock. Back orders will not be kept unless specific arrangements have been made. All back orders will be dispatched automatically when goods are back in stock.

Claims

The customer must advise X-Press Graph-X Supplies of any claim for damaged or faulty goods within 10 days of the date of invoice. Any claims must be fully documented and the invoice number and Proof of Delivery reference must be provided. Where goods are identified as being damaged in transit the proof of delivery notice must reflect this. All claims will be subject to investigation by X-Press Graph-X Supplies before a decision is made.

Returns

Stock cannot be returned without prior approval (including defective goods). Returns approval requests will only be processed if sought within 10 days of the date on invoice and all returns must have an approved return authorization number from X-Press Graph-X Supplies prior to being returned (to report a return and obtain a return authorization number email support@xpressgraphx.com.au). Unauthorized returns will be refused and not accepted and will be returned to the customer at the customer’s expense. Where approval is granted, stock must be returned in salable condition, in original packaging and with no markings. All customer returns will incur a re-stocking fee of 10% of the cost of the stock returned. Freight surcharges may also be applicable.

Merchandise

All merchandise and display stands remain the property of X-Press Graph-X Supplies and are strictly for the display of X-Press Graph-X products.

Risk and Title

X-Press Graph-X Supplies retains ownership of, or title in, all goods supplied by it and reserves the right to dispose of the goods until such time as payment is made in full and all liability for amounts owing by the customer to X-Press Graph-X Supplies is discharged.

The risk in all goods sold or supplied passes to the customer on delivery to the customer.

Upon receipt or delivery of the goods, the customer must ensure that the goods are insured until X-Press Graph-X Supplies has been paid in full.

Security Interest

1. (a) For value received or to be received the customer grants to X-Press Graph-X Supplies a security interest in all goods supplied or any after-acquired goods (inventory) and their proceeds.  The security interest secures the due and punctual payment of all moneys payable to X-Press Graph-X Supplies.  Any account arising by virtue of a sale of any goods supplied takes effect as a transfer.

 The security interest created by these terms is a continuing security and is a first ranking purchase money security interest in respect of the goods as inventory.

(b) These terms are effective from the date the customer signed the application or the customer places an order as a security interest and is a security agreement within the meaning of the Act.

(c) The customer agrees that X-Press Graph-X Supplies may register a financing statement including any financing change statement on the register.

(d) The customer waives its rights to receive a copy of any verification statement in respect of the security interest provided for by these terms.

(e) The customer agrees to immediately reimburse X-Press Graph-X Supplies for all costs, expenses and other charges incurred, expended or payable by X-Press Graph-X Supplies in relation to the filing of a financing statement, or a financing change statement or releasing the security interest created by these terms.

(f) The customer acknowledges that it is not the owner of the goods and as such if chapter 4 of the Act applies to these terms, X-Press Graph-X Supplies and the customer contract out of the enforcement provisions in section 115(1) of the Act.

(g) The customer irrevocably authorises X-Press Graph-X Supplies and any of its lawful agents, at any reasonable time, to enter its premises or any premises occupied by the customer and re-take any goods sold supplied under these terms and then re-sell those goods and retain the proceeds of the sale without prejudice to its rights to claim the balance of all moneys due under these terms.  The customer indemnifies and agrees to keep X-Press Graph-X Supplies indemnified in respect of any such entry.

(h)  The provisions of this clause survive the termination of these Trade Terms and shall carry on for the benefit of X-Press Graph-X Supplies.

(i) For the purposes of this clause:

(i)   Act meaning the Personal Property Securities Act 2009 (Cth).

(ii) Account, financing statement, financing change statement; inventory, proceeds, purchase money security interest, register, security interest and verification statement have the meanings given to them in the Act.

2. Despite clause 1 above, the customer may sell the goods to a third party in the ordinary course of its business of selling goods of the kind supplied by X-Press Graph-X Supplies and deliver them to that party provided that:

a) where the customer is paid by the third party and X-Press Graph-X Supplies has not been paid by the customer for the goods pursuant to these Terms, the customer holds the whole of the proceeds of sale on trust for X-Press Graph-X Supplies and must pay such proceeds into a special bank account into which no other moneys other than proceeds of sale by the customer of X-Press Graph-X Supplies goods are deposited and which shall incorporate as part of the title of the account “Proceeds of sale of X-Press Graph-X Supplies goods”;

b) where the customer is not paid by that third party, and X-Press Graph-X Supplies has not been paid by the customer for those goods the customer agrees, at the option of X-Press Graph-X Supplies, that X-Press Graph-X Supplies  may collect that account on giving the customer notice in writing to that effect.  X-Press Graph-X Supplies shall be entitled to issue proceedings in the name of the customer against the third party for recovery of that account for the benefit of X-Press Graph-X Supplies; and

c) The customer shall keep full and complete records of goods it has purchased from X-Press Graph-X Supplies, including details of the date, price and identity of the goods.

Terms apply to all Orders

The customer agrees that these terms apply notwithstanding any other agreement or arrangement, whether subject to these terms or not, between the parties under which X-Press Graph-X Supplies gives the customer credit.

If the customer acts in the capacity as Trustee of any Trust, the customer acknowledges and agrees that these terms apply to any order for the purchase of goods and services from X-Press Graph-X Supplies Sports in its own right and in its capacity as Trustee of any such trust and that the rights of indemnity available to the Trustee will not be abrogated.

Updated December 2011.