X-PRESS GRAPH-X PTY LTD TERMS AND CONDITIONS
ABN 67 630 199 576
40 Taunton Drive, Cheltenham VIC 3192
The following Trading Terms & Conditions (Terms & Conditions) relate to the sale and delivery of goods from X-Press Graph-X (“X-Press Graph-X Pty Ltd”).
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 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 30 Day Credit Application has been completed and approved by X-Press Graph-X.
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 and are in Australian Dollars.
Minimum order value is $250. Orders below $250 may be authorized subject to a $25 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.
X-Press Graph-X will only supply products to authorized retailers who intend to sell the products within bricks and mortar stores or dedicated company specific websites (with independent domain addresses and an active shopping cart). This company policy, reflects our corporate philosophy and takes into consideration the merchandising, advertising and brand positioning of our products.
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 reserves the right to stop supply to any customer whose account is overdue until the amount is paid in full.
Freight is payable by the customer unless alternate arrangements have been authorized by X-Press Graph-X . 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. Oversized or hazardous items may attract a additional surcharge.
All orders will be dispatched as soon as possible. For stock items, orders with be dispatched in 1-3 business days. Please contact us for estimated dispatch on manufactured items. 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.
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 before a decision is made.
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 prior to being returned (to report a return and obtain a return authorization number email firstname.lastname@example.org). 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.
All merchandise and display stands remain the property of X-Press Graph-X and are strictly for the display of X-Press Graph-X products.
Risk and Title
X-Press Graph-X 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 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 has been paid in full.
1. (a) For value received or to be received the customer grants to X-Press Graph-X 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 . 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 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 for all costs, expenses and other charges incurred, expended or payable by X-Press Graph-X 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 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 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 and deliver them to that party provided that:
a) where the customer is paid by the third party and X-Press Graph-X 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 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 goods are deposited and which shall incorporate as part of the title of the account “Proceeds of sale of X-Press Graph-X goods”;
b) where the customer is not paid by that third party, and X-Press Graph-X has not been paid by the customer for those goods the customer agrees, at the option of X-Press Graph-X , that X-Press Graph-X 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 ; and
c) The customer shall keep full and complete records of goods it has purchased from X-Press Graph-X , including details of the date, price and identity of the goods.
Terms apply to all Orders
The customer agrees that these terms apply to all orders placed with X-Press Graph-X, notwithstanding any other agreement or arrangement, whether subject to these terms or not, between the parties.
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 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.
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Updated April 2019.