Terms and Conditions

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• Terms and Conditions
  

TERMS AND CONDITIONS

CREDIT TERMS

1.       Payment for goods invoiced must be made by the purchaser within:

·         14 days for orders between $500.00-$999.00; and

·         30 days for orders on or above $1000.00

          Payment for goods may be made by cash, bank transfer and credit card (AMEX is not accepted).

2.       Discounted prices will only be allowed when receipt of payment is within the above time frames.

3.       Discounted prices will not be allowed on future months purchases if the above payment terms are not adhered to and will revert to normal invoice price.

4.       Should the customer fail, for any reason, to pay the amount owing to the Company within 30 days from the invoice date, the Company reserves the right to charge interest at the rate of 2% per month calculated daily from the date when the account became due until full payment is received and shall be payable on demand.

5.       Any payment by the customer shall be credited first against the interest accrued to the date of payment and then against all monies due to the Company in date order with the invoices for goods acquired by the customer earliest in time being paid first.

6.       The Company reserves the right to terminate the customer's credit account at any time, at its complete discretion, by giving adequate notice.

7.       Accounts trading outside our normal terms will be charged merchant fees if payment for an overdue account is made by credit card. 

PRICE

1.       Unless otherwise agreed in writing the price charged by and payable to the Company shall be the price ruling at the date of dispatch of the order plus any taxes, charges and delivery costs in relation to the goods, if any.

2.       No credit will be granted to the customer for stock on hand in the event of a price reduction.

DELIVERY

1.       Delivery shall be deemed to occur on the date of actual delivery or the date of failure by the customer to accept delivery.

2.       The Company shall not be liable to the Customer for any loss or damage whatsoever (including any consequential loss) caused directly or indirectly by any 

          delay or failure in delivery. Any delay in delivery shall not relieve the customer of its obligation to accept that delivery or any remaining delivery.

3.       The Company shall not be obliged to accept any claim by the customer for incorrect delivery of goods unless such claim is notified to the Company in 

          writing within 7 days after delivery of the goods to the purchaser.

FREIGHT POLICY

1.      The Company reserves the right to charge freight on deliveries at any time.

2.      Free delivery by WPS trucks on orders on or above $1000.00 within Gold Coast and Metropolitan areas on normal scheduled delivery runs.

3.      Orders containing excessive bulk items or heavy items will be charged freight at the current rate charged by the delivery carrier.   

CREDIT CLAIMS

          Claims may be accepted or rejected at the Company’s discretion. Claims will only be considered under the following conditions:

1.       Short delivery or goods damaged in transit -claims in writing and quoting our invoice number must be received by the Company within 7 days of receipt of 

          goods / invoice.

2.       Faulty stock - claims in writing and quoting our invoice number and full description of the imperfection must be received by the Company within 7 days of 

          receipt of goods / invoice.

3.       Goods are to be returned only through the Sales Representative unless prior approval has been granted.

4.       Goods returned for any other reason than those above will incur a re-stocking charge.

5.       Non-stock items or special order-in items cannot be returned for credit.

6.       All goods must be unmarked and in saleable condition when returned for credit.

7.       All pet food returns for credit other than those where the Company is solely responsible should be referred to the manufacturing company’s representative.

RISK AND TITLE

1.       The risk in the goods supplied by the Company to the customer shall pass to the customer upon delivery to the address specified by the customer. The 

          customer will be fully responsible for any loss of or damage to the goods following delivery even though title to the goods may not have passed to the 

          customer.

2.       Title to and property in all goods supplied by the Company is retained by the Company until such time as the purchaser has paid in full all debts outstanding 

           by the purchaser to the Company. The purchaser agrees to provide the Company with access to any premises where the Company’s goods are located to  

           enable the Company to recover possession of those goods.

3.       The customer shall, if directed by the Company, store the goods supplied in such a way that it is clear that they are the property of the Company and that 

           title remains with the Company.

PERSONAL PROPERTY SECRUITIES ACT ("PPSA")

1.       Company may register any security interest in connection with these terms for the purposes of the PPSA (including security interest under a contract) for 

          whatever class or classes of collateral Company thinks fit, at customer's cost. Customer consents to any registration by Company and may not make an 

          amendment demand. Customer must do anything at its cost (such as obtaining consents, signing and producing receipts and documents, getting 

          documents signed and supplying information) which company asks and considers necessary for the purposes of ensuring that each such security interest is 

          enforceable, perfected and otherwise effective. Customer agrees to pay or reimburse Company for any additional costs borne by Company resulting from 

          Customer's failure to act at Company's request.

2.       In relation to any security interest in connection with these terms:

          2.1      Company need not give any notice under the PPSA (including a notice of a verification statement) in relation to a security interest in connection with  

                      these terms unless the notice is required by the PPSA and cannot be excluded;

          2.2      Company need not comply with any of the provisions of the PPSA that would otherwise apply to the extent the law permits them to be excluded; and

          2.3      Customer may not exercise rights under sections 142 (redemption of collateral) or 143 (reinstatement of security interest) of the PPSA to the extent 

                      the law permits them to be excluded.

FORCE MAJEURE

You agree that Wholesale Pet Supplies is not required to perform any obligation under the Agreement to the extent that such performance is impracticable due to, and for the period of continuance of, an event of force majeure, being any cause or circumstance beyond Wholesale Pet Supplies's reasonable control, including but not limited to: any lack of production capacity or raw materials; strikes; lockouts; labour disputes; fires; floods; acts of God or public enemy; malicious or accidental damage; delays in transport; breakdowns in machinery; restrictions, prohibitions or changes in policy by any government or any semi-governmental authorities; or embargoes. You must accept delivery of Goods notwithstanding any delay caused by any force majeure event.

CONFIDENTIALITY

These terms, Company's Policies, any contract and any communications Company has with customer regarding Company's terms and conditions of supply (including without limitation pricing) are Company's confidential information. Customer or customer's employees must not disclose this confidential information to any person (except to legal, financial or business advisers for the purpose of seeking advice relating to the terms and conditions), without Company's prior written consent. Customer must notify Company immediately of any unauthorised use or disclosure of Company's confidential information. Nothing in this clause  prevents customer from disclosing Company's confidential information if customer reasonably believes (after seeking legal advice) that it is required to be disclosed by law or stock exchange (except this paragraph does not permit customer to disclose or authorise the disclosure of any information under sections 275(1) and (4) of the PPSA unless section 275(7) of the PPSA applies) as long as customer notifies Company immediately when customer becomes aware that such disclosure may be required so that Company may take steps to lawfully resist that disclosure. This obligation of confidentiality will survive expiration or termination of these terms and will continue until the information ceases to be confidential.