1. CONTRACTING PARTY
Pentland Australia Pty Ltd (“Pentland” or “us”) are solely contracting with the entity named, presented and approved by Pentland under the Confidential Credit Application form (‘the named entity’ or ‘you’) submitted by the named entity and do not consent to the goods supplied pursuant to this agreement being provided to any other division or unit of, or business owned by, the named entity.
2. TERM
Pentland agrees to supply the named entity for 12 months from the date of acceptance of the Confidential Credit Application form submitted by you under these terms and conditions.
If you do not receive notification in writing of termination or expiration of this agreement from Pentland, or you do not give us 30 days written notice of your intention to terminate this agreement, then this agreement will automatically renew for a further 12 month term on these same terms and conditions (including this clause 2).
3. TERMS OF PAYMENT
Terms are strictly 30 days from statement date. You must pay by the date stipulated in the statement without any set-off or deduction, except for any rebates, discounts or settlement discounts agreed to between the parties in writing.
If you do not pay us any invoiced amounts in full within the time stipulated in the statement we may submit your account to a collection agency and/or legal firm without further notice to you.
If we do, you agree that we may recover any outstanding amount including interest, our legal fees and/or commissions, collection agency fees and/or commissions, bank fees and charges and any other expenses incurred in attempting to recover the debt.
4. ORDERS
Any orders must be made to Pentland in writing. Pentland shall be deemed to have accepted the order when an authorised officer of Pentland or its agent has reviewed the order and decided to supply the goods ordered.
Placement of orders by you is deemed as an acceptance by you of all of Pentland’s terms and conditions in full, including these terms and conditions (‘the Conditions’). No terms stated by you in making an order will be binding upon Pentland unless expressly acknowledged and accepted in writing by a duly authorised officer of Pentland.
The Conditions supersede all terms and conditions of sale previously issued by Pentland.
5. CANCELLATION
Orders cannot be cancelled once placed. Amendments to orders will be accepted if received before any cut-off date designated by Pentland.
6. DELIVERIES
Goods are delivered free into store in each Capital City. Country deliveries will have freight charged at a flat rate of $6.00 per consignment. Delivery queries can only be considered if received within 10 days from date of shipment. Orders under $300.00 will attract a delivery charge of $10.00 for Capital Cities and $15.00 for country areas.
By placing an order, you are agreeing to accept delivery by way of partial shipments when this is determined to be necessary by Pentland.
7. RETURN OF GOODS
Pentland’s head office in Australia is the only point of contact to authorise the return of goods. Returns will not be accepted without prior approval and an authorisation number will be quoted by Pentland.
Pentland will make all necessary arrangements for the goods to be picked up by its authorised carriers or advise on how goods shall be returned.
Pentland will not honour any payment for the use of unauthorised carriers. All price stickers or other forms of labelling or security attachments affixed by you must be removed prior to merchandise being returned, otherwise it will not be accepted. Goods should be returned in their original packaging or wrapping.
8. PRICING
References to recommended retail prices are solely a guide and you are not obligated to comply with any pricing recommendation.
9. VARIATIONS TO TRADING TERMS
All Pentland trading terms are subject to change without notice and you will be advised of any such change.
10. PRODUCT BRANDING
The product you are purchasing is premium in its branding.
Pentland reserves the right to direct the manner in which goods are to be sold or promoted, including in relation to its intellectual property / trade marks. You agree that failure to properly promote the brand and/or comply with instructions from Pentland or its agents/representatives is reasonable grounds for termination of this contract by Pentland.
11. E-COMMERCE
Selling, advertising or representation of any and all Pentland products online, including on eBay, Amazon or similar marketplace sites, is specifically forbidden without written permission from Pentland.
12. TRANS-SHIPPING
Invoiced goods are intended for the named entity only and its approved channels/branches. Trans-shipping of any goods is specifically prohibited.
13. TARGETS
Pentland reserves the right to set revenue targets for you based on projections of sales.
14. TERMINATION OR SUSPENSION OF SUPPLY
Pentland may suspend or terminate supply to you at its sole discretion if your credit account is overdue.
15. LIABILITY LIMITATIONS
Pentland will not accept liability for any damages or losses arising from or as a consequence of late, partial or non-delivery of ordered goods.
16. POINT OF SALE / PROMOTIONAL MATERIAL
Pentland may provide promotional material to you and request its removal at any time.
17. RELATIONSHIP BETWEEN THE PARTIES
The named entity is not the agent of Pentland.
18. WAIVER
No provision hereof shall be deemed waived by reason of any previous waiver of any provision.
19. APPLICABLE LAW
This agreement shall be governed by the laws of the State of NSW.