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Terms and Conditions

Payments

Once your account has been approved for 30 day credit terms, payment must be made by either cash, cheque, money order, credit card, Eftpos or bank deposit. Payment can be made by either credit card or by posting a cheque within 30 days of the invoice date. Failure to pay within 30 days of statement may result in the discontinuance of supply. All legal and collection fees incurred in the recovery of overdue amounts will be the responsibility of yourself. All COD accounts are required to pay in advance by either major credit card or posting a cheque prior to goods being dispatched. A fee of $25 applies to each and every cheque dishonour.

Price alterations: Prices may vary from time to time without notice as a result of currency fluctuations and/or increased manufacturing costs.

Claims: Must be made within 7 days of delivery. Credits will only be issued in the case of incorrect delivery. Where the correct number of cartons has been signed for, any subsequent claim for missing cartons will not be accepted. Where goods have been incorrectly ordered and are returned for a credit, a restocking charge of 10% will be incurred. Returned goods must be in as new condition with unopened and undamaged packaging with all price tags or stickers removed.

Title of goods

Title of the goods supplied by Essential Distribution P/L to the customer will not pass to the customer until such time as all goods supplied by us to the customer have been paid for in full.

Upon delivery of the goods to the customer, notwithstanding that the title to the goods may not have passed to the customer, the goods shall be held at the Customer’s risk and expense in respect of any loss or damage, theft or deterioration from any cause whatsoever and the customer shall be solely responsible in respect of amount owing, charge or expense incurred in relation to the said goods.

On the sale by the customer to a sub-purchaser of any goods supplied by Essential Distribution P/L, whether incorporated into another product or not, the proceeds of such sale shall be said to be held on trust for Essential Distribution P/L, until such time as all goods supplied to the customer have been paid in full.

The customer agrees to submit to the exclusive jurisdiction of the laws and the courts of the State of South Australia.

Any provision in these Terms and Conditions, which is invalid or unenforceable in any jurisdiction, must be read down for the purposes of that jurisdiction, if possible, to be valid and enforceable. If that provision cannot be read down then it is to be, if possible, severed to the extent that it does not affect the validity or enforceability of the remaining Terms and Conditions.

A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A power or right can only be waived in writing, signed by the party to be bound by the waiver.

If the customer has applied for a credit account with Essential Distribution P/L the customer authorizes us to:

  1. make enquiries with respect to the customer’s credit worthiness;
  2. give certain personal information about the customer to a credit reporting agency;
  3. exchange information with other credit providers named in a consumer report issued by a credit-reporting agency;
  4. to exchange information with credit providers with respect to previous defaults of the customer.