National Pet Supplies Pty. Ltd. (NPS)

TERMS AND CONDITIONS OF SALE

 

1. ORDERS AND SPECIFICATIONS

1.1 Where NPS accepts an order from a customer the following Terms and Conditions of Sale apply and constitute an agreement by the Customer to purchase the Products subject to these Terms and Conditions.

1.2 No order may be cancelled or varied by the Customer except with the agreement of NPS (Australia) Pty Ltd.

1.3 If NPS notifies the Customer that the Product ordered is out of stock, the Customer may cancel the whole order, or elect to cancel the items on the order which are out of stock.

 

2 PRICE

The price of Products will be as set out in both the order and the invoice.

 

3. PAYMENT

3.1 The date and method of payment for the Products is as set out in the order.

3.2 If the Customer orders a Product on a cash on delivery basis and the order is accepted by NPS, the full price of the Product is payable upon delivery of the Product to the Customer. For the purpose of this clause 3, NPS will be taken to have accepted the order at the time NPS issues an invoice to the customer.

3.3 If the Customer orders a Product on a 30 Day Account basis, the Customer must pay the amount indicated on the invoice on or before 30 days from the Statement Date. If the customer fails to pay the amounts owing by the due date, then without prejudice to any other right or remedy available to NPS, NPS may:

(a) charge the Customer interest (both during and after judgement) on the amount unpaid, at the rate of 18% per annum (calculated on a daily basis):

(b) charge the Customer for all reasonable cost, fees and expenses incurred by NPS in obtaining payment for the Product; and

(c) take possession of the Products and the Customer agrees to promptly return the Products to NPS on demand or allow any authorised representative of NPS access to the Customer’s premises to remove the Products from those premises.

 

4. DELIVERY

4.1 NPS will deliver the Products to the place specified for delivery by the Customer in the order.

4.2 Any dates specified for delivery by NPS are estimates only and any failure on the part of NPS to deliver within the time stated will not entitle the Customer to repudiate the Agreement in whole or in part.

 

5. RISK AND TITLE

5.1 Risk of damage to the Products passes to the Customer at the completion of the delivery of the Products.

5.2 Property and title in the Products will not pass to the Customer until the Customer has made payment in full of the price of the Products.

5.3 If the Customer sells the Products prior to making payment in full, the Customer will be deemed to hold the proceeds of that sale (or such part as is sufficient to discharge the debt owned to NPS for the Products) on trust for NPS.

 

6. WARRANTY

6.1 NPS warrants that the Products will be free from defects in materials and workmanship for a period of 12 months from the date of delivery to the Customer.

6.2 To the extent permitted by law, and except as otherwise expressly provided for in these Terms and Conditions, NPS excludes all conditions, warranties, obligations and liabilities (including liability for negligence however arising) in any way directly or indirectly relating to the quality, performance or characteristics of the Products whether that condition, warranty, obligation or liability is implied by virtue of any statute, the common law, equity, trade custom or usage or otherwise.

 

7. PRIVACY

7.1 Whenever we collect and otherwise deal with your personal information, we are governed by the National Privacy Principals which are contained in the Privacy Act 1988 (Cth) (ACT).

7.2 Therefore whenever collecting and dealing with information such as your name, address, e-mail address or phone number, we will be bound by these Principals.

7.3 The types of organisations that we disclose your personal information to may include: organisations which provide services to us including organisations that deliver our goods or services to you, organisations that assist us to provide service calls and meet our warranty obligations and our related companies.

7.4 You can obtain a copy of our Privacy Charter from our Privacy Officer.

If you have any questions about privacy related issues please contact our Privacy officer at:

National Pet Supplies Pty. Ltd.

PO Box 6094 Caulfield South, VIC 3162

Tel: 03 8640 0972

Fax: 03 8677 2512

Email: admin@nationalpetsupplies.com.au

 

8. FORCE MAJEURE

NPS will not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of NPS’s obligations in relation to the Products, if the delay or failure was due to any cause beyond NPS’s reasonable control.

 

9. DEFINITIONS

‘NPS’ means National Pet Supplies Pty. Ltd. and its authorised agents and employees:

‘Agreement’ means the agreement entered into pursuant to sub-clause 1.1;

‘Customer’ means the person or entity whose name and address appear on the order as the purchaser of the products;

‘Products’ means the NPS products referred to in the order; and