Terms and Conditions

TERMS AND CONDITIONS OF SALE

Except as otherwise agreed upon in writing between a  duly authorised officer of Brangari Qld Pty Ltd and the customer, these terms and conditions shall apply to all sales.

In the following, ‘you’ means the individual,   partnership or corporation to whom credit may be issued and / or to whom   goods may be sold.

‘We’ and ‘us’ mean Brangari Qld Pty Ltd, ABN 58 808 834 889.

Terms of Payment

Cash customers must make payment in full (by bank transfer, cash, or cheque) prior to delivery or at the time of collection of the   goods.

Account customers shall make payment in full (by bank transfer, cash, or cheque) within 14 days of the date of invoice unless otherwise agreed in writing. Time is of the essence.

You must pay any debt collection and legal costs (including solicitor and own client costs) we incur if your account is in default. You must pay any dishonored cheque fees associated with cheques received by us in payment of your account. If you fail to make any payment when due, all other amounts whether then due or not will become immediately due and payable.   Payments by Credit Card of more than $2000 will attract a surcharge of 2%.

We reserve the right to recover from you a default charge on the balance of overdue amounts calculated daily at the rate which is 4% above the Westpac Reference lending rate (as published from time to time), this default charge being payable by you as liquidated damages for breach of contract.

Title and Risk

We own the goods until they are paid for. Goods supplied to you remain our property until we receive payment for all amounts you owe to us. If your account is in default, we have the right to enter your premises of the premises of any associated company or agent to retake possession of the goods, without liability for trespass or damage. If you resell the goods or if you sell products manufactured using the goods, the proceeds of such sale shall be held by the customer in trust for Brangari Qld   Pty Ltd.

Goods are at your risk from the moment of delivery or collection.

Changes

You will tell us if your details change. Account customers must tell us in writing if there is any change to the details given on your credit application.

We may withdraw your credit, withhold supply, or put your account on hold at any time and without prior notice.

We may assign our rights under this agreement.

We may change these terms of credit if we give you written notice of the change.

Your account may be closed by you or us on seven days written notice. Your account will be closed without notice if you do not use it for 12 months. You must settle any outstanding amounts at the time your account is closed.

Delivery

Any advice we give about the date of intended delivery is given subject to the goods ordered being available and our having the ability to effect delivery on that date.

Warranties and Representations

We make no warranties or representations about goods offered for sale other than warranties contained in these terms of sale. We warrant only that goods offered for sale will be generally similar to other goods of the same description. No particular specifications are implied by any   general description of goods unless detailed in writing in an offer for sale or an invoice for goods sold. You accept that any particular delivery of  goods may vary from goods of the same description displayed, advertised, or delivered on a different occasion. 

To the fullest extent permitted by law, all terms, conditions, and warranties, statutory or otherwise, not expressly provided in these terms of sale, are excluded.

To the extent that: 

· any term,   condition, or warranty not expressly provided in these terms of sale cannot   be excluded due to the provisions the Australian Consumer Law or any other statute, and we breach such term, condition, or warranty, or

· you make a claim as provided below and we agree that the goods were damaged or defective at   the time of delivery,

our liability is limited to (at our option) replacing the goods or crediting you with the purchase price of the goods.

Claims

We will consider a claim for credit if the claim  relates to: 

· an error on our   part in delivery or invoicing, or

· significant defects  or damage.

You must tell us about your claim in writing within 24 hours of delivery. Any commodity product quality discrepancies are to be reported by you in writing within 24 hours of delivery. This includes commodity quality, moisture, product damage or weight discrepancies.

Any costs associated with handling and processing commodities after this 24-hour reporting period from delivery are not our responsibility.

Apart from any provisions of the Australian Consumer Law that are applicable, we are not liable for any loss or damage you suffer because of our failure or delay in performing the contract due to reasons beyond our control.