REAL FLAME DANDENONG - TRADE TERMS & CONDITIONS

The supply of all goods (Goods) by Real Flame Dandenong (Supplier) shall be subject to these terms and conditions as amended from time to time (Terms and Conditions). These Terms and Conditions shall prevail over any other terms and conditions including those implied by statute to the extent permissible at law. You (Applicant) acknowledge having read the Terms and Conditions prior to purchasing the Goods and, if applicable, signing the Application for Credit Account.

ORDERING, PRICING, DELIVERY AND INVOICING

All orders for Goods are to be In writing to the Supplier. Orders may request an approximate date for delivery. However, while the Supplier will use all reasonable endeavours to deliver on the requested date, the Supplier is not bound to do so. Prices of Goods are as set (inclusive of GST) by the Supplier in the price list provided to the Applicant, and as amended from time to time by the Supplier and notified to the Applicant. Price changes take effect at the time of such notification, and any orders placed after such notification will be subject to the amended prices. Goods are invoiced at the time of dispatch, and invoices include GST and delivery charges (where applicable). The price of Goods sold by the supplier excludes delivery unless otherwise stated on the corresponding invoice or accepted purchase order.

PAYMENT, DEFAULT AND CREDIT TERMS

Payment is due within thirty days of the end of the month during which the Goods were invoiced (Due Date). If payment is not received In full by the Due Date and in accordance with these Terms and Conditions, any amount invoiced to or owed by the Applicant to the Supplier becomes immediately due and payable, and the Supplier reserves the right to withdraw credit and supply. Interest may be charged on any monies outstanding from the Due Date at the rate of one and a half per cent (1.5%) per month (or part thereof), and will be calculated daily and added to the amount outstanding. Further, the Applicant agrees to indemnify the Supplier against all costs (including solicitor and own client costs, commercial agent commission, freight, insurance, loss of profit and Interest) incurred by the Supplier as a direct or indirect result of the Applicant’s default.

The Supplier may at its discretion use any credit reporting concerning or relating to the Applicant to facilitate collection of any overdue payment and the Applicant agrees and consents to the Supplier receiving from any credit reporting agency of its choosing any credit report containing personal information about the Applicant in relation to the collection of any outstanding amount due to the Supplier or any other Supplier to the Applicant.

SET-OFF

The Supplier may at its sole and absolute discretion sell off any payment received from the Applicant against whatever amount is owing by the Applicant to the Supplier.

RETENTION OF TITLE, INSURANCE AND PERSONAL PROPERTIES SECURITIES ACT

Until Goods are paid for in full, the Supplier retains full property, title and Interest In such Goods, but risk of loss or damage to such Goods shall pass to the Applicant on delivery. While the Supplier retains rights, title and interest in the Goods, the Applicant shall store such Goods separately from its own. and must ensure that such Goods are insured with a reputable insurance company, to their full value. The Applicant must provide such proof of Insurance as is reasonably requested by the Supplier.

While the Applicant has not paid in full for the Goods, the Supplier, by its employees or agents, has an irrevocable right to enter any premises occupied by the Applicant without notice to search for and remove the Goods supplied. The Applicant acknowledges and agrees that it grants the Supplier a security interest in such Goods and their proceeds by virtue of the Supplier’s retention of title pursuant to these Terms and Conditions, The Supplier has the right to resell any such Goods regardless of the location of those Goods.

The Applicant undertakes to do all things necessary and provide the Supplier on request all information the Supplier requires to register a financing statement or financing change statement on the Personal Properties Securities Register (“PP5R”) under the Personal Properties Securities Act 2009 (Cth) (“PPSA”), and not to change its name in any form or other details on the PPSR without first notifying the Supplier.

The Applicant waives its rights to receive a verification statement in respect of any financing statement or financing change statement in respect of the security interest created under these Terms and Conditions. The Supplier need not give any notice under the PPSA unless the notice Is required by the PPSA and cannot be excluded. The terms and expressions used in these Terms and Conditions have the meanings given to them by, or by virtue of, the PPSA.

ON-SALE

The Supplier authorises the Applicant to on-sell the Goods. The Applicant shall however, not represent to any parties that it is in any way acting as an agent for the Supplier and the Supplier will not be bound by any contracts with third parties to which the Applicant is a party. The Applicant shall not modify, amend, or add to the Goods, their packaging or advertising materials in the process of on-selling, or deal with the Goods other than as provided in these Terms and Conditions, or In any way so as to bring the Goods into disrepute or otherwise adversely affect their marketability.

INTELLECTUAL PROPERTY

The Supplier owns all intellectual property in the Goods and their packaging (Intellectual Property). The Supplier grants to the Applicant a non-exclusive, royalty free license to use the Intellectual Property solely for the purpose of on-selling the Goods In accordance with these Terms and Conditions. The Applicant must provide the Supplier with all such assistance as the Supplier reasonably requests in relation to the protection of the Intellectual Property.

OBLIGATIONS OF THE APPLICANT

Should the Applicant on-sell the Goods, the Applicant must conduct all marketing, distribution and sales activities in connection with the Goods in a lawful manner and comply with all reasonable directions by the Supplier as to how the Applicant conducts its dealings with customers.

The Applicant agrees to promptly and accurately notify the Supplier of any complaints received by it from any customer in relation to the Goods. The Applicant must not make any representations or give any warranties or other benefits in favour of any person in relation to the Goods other than those authorised in writing by the Supplier.

CLAIMS

Claims in respect of faulty Goods, shortfall or deficient packaging, labelling or delivery must be made in writing to the Supplier within two (2) business days of delivery. Any loss incurred or suffered by the Supplier in respect of or arising as a result of an attempt to return Goods or make a claim in respect of Goods that is not in accordance with these Terms and Conditions may be deducted by the Supplier from any credit granted by it to the Applicant, or added to the amount then outstanding.

RETURNS

All returns other than those relating to faulty Goods must be made In writing to the Supplier within two (2) business days of delivery. A 20% restocking fee will apply to all such returns. No returns will be accepted for custom-made Goods.

RIGHT TO REFUSE SUPPLY OR WITHDRAW CREDIT

The Supplier reserves the right to accept or decline in whole or in part any order made by the Applicant for the supply of Goods and to supply the Goods ordered in whole or in part. The Supplier further reserves the right to withdraw any credit facilities granted without notice and at its sole and absolute discretion.

LIABILITY FOR DAMAGES AND WARRANTIES

The Applicant and the Supplier agree that the Supplier accepts no responsibility or liability whatsoever or howsoever arising whether in contract or tort or otherwise for loss of profits, business or savings or for any Indirect or consequential loss of any nature arising out of or from the use, custody, supply or purchase of the Goods to the fullest extent permitted by law, and the Applicant forever discharges the Supplier from all such responsibilities and liability, claims, demands or actions In respect thereof.

Notwithstanding any other clause in this agreement the Supplier gives no express warranty In relation to the supply of the Goods and the Applicant acknowledges that it has not relied on any representation or warranty made by or on behalf of the Supplier in relation to the Goods and their supply.

Where the Australian Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation implies covenants and warranties into the agreement for the supply of the Goods for the benefit of the Applicant, then to the extent that those conditions and warranties may as between the Applicant and Supplier be lawfully excluded, all such conditions and warranties are expressly excluded.

Where the Supplier becomes liable to the Applicant in any manner for any breach of any condition or warranty expressed or implied in relation to the supply of Goods then the Supplier’s liability will be limited, at the Supplier’s sole and absolute discretion, to either (a) the replacement of the Goods (or the supply of equivalent Goods); (b) the price paid to the Applicant for the Goods; (c) the cost to repair the Goods; or (d) the cost of the resupply of the Goods.

GENERAL

Service: Service of any notice, document or court proceeding on the Applicant shall be deemed to have occurred if they are served to the business address specified on the invoice.
Receipt: Under no circumstances may the Applicant deny that it has evidenced receipt of Goods by signature, if any employee, agent or carrier utilised or employed by the Applicant provides such signature.
Trusts: Should the Applicant be a Trustee of a Trust then the Applicant shall be liable both in its own capacity and In its capacity as Trustee of the Trust for the performance of all obligations to the Supplier.
Privacy: The Applicant agrees and consents to the Supplier seeking from and giving to any credit provider any details concerning or relating to the Applicant’s credit worthiness. The Applicant agrees to sign the attached Privacy Act Acknowledgment pertaining to same.
Disputes: Any disputes with the Supplier shall be subject to the Laws and Courts of the State of Victoria.

INQUIRIES

Inquiries can be made at:
Real Flame Dandenong
3/328 South Gippsland Hwy
DANDENONG SOUTH VIC 3164
Or by calling 03 5947 4859