- In applying for a credit account with HMC, the customer expressly agrees that the terms and conditions set out here will be operative and take precedence over anything stated. Until such time as a credit account is approved by HMC the Customer shall be required to pay cash before delivery. Terms of credit accounts may vary and are at the discretion of HMC.
- If the Customer is a trustee of any trust.
(a) It is bound by these terms and conditions and charges its freehold property which it holds as trustee for the trust; and
(b) It warrants that it has authority and power to trade with HMC and to charge its land in accordance with these terms and conditions under the trust instrument and by operation of law.
- The Customer hereby agrees to charge its/his/her/their interest and estate in all land presently held or hereafter acquired by it/him/her/their so as to better secure the performance of the customer of these terms and conditions and the applicant hereby consents to the lodging of a caveat by HMC on all certificates of title to any of the land so held by the customer.
- The Customer agrees to notify HMC in writing within 14 days prior to any proposed change in the legal entity structure, management or control of the Customer’s business, if the customer fails to notify HMC of such a change the customer agrees that the customer remains solely responsible for the stock being produced from existing orders.
- Any request for the cancellation of any order must be in writing. Any such request shall be of no force or effect and shall not be binding on HMC unless and until cancellation is accepted by HMC in writing. Cancellation of any order shall be at the sole discretion of HMC.
Should HMC be liable in damages to the customer or for a breach of a condition or warranty implied by the Trade Practices Act or equivalent State/Territory Legislation then the liability of HMC shall, at its option, be limited to any one or more of the following:
- Replacement of the goods or the supply of equivalent goods.
- The repair of the goods.
- Cost or replacement or repair of the goods.
Limitations of Trade agreement and acknowledgement:
- The customer agrees that all goods delivered by HMC shall only be sold via authorized retail outlets unless by prior written consent from HMC.
- The customer has no authority or right to resell any HMC goods to other retailers, wholesalers, distributors, etc within Australia, it’s states and territories or internationally.
- Freight is included on invoices and is payable by the customer.
- The Due Date for payment of all invoices is 30 days from the date of the invoice for established credit accounts. The Customer shall not be entitled on any grounds whatsoever to withhold payment either wholly or in part when it becomes due. Default in payment will entitle HMC to review further trading with the customer.
- Until HMC has been paid in full for all goods supplied by it to the customer under any contract whatsoever between HMC and the Customer, the property in all goods shall remain in HMC as legal and equitable owner notwithstanding delivery. In the event of breach of clause 10 hereof HMC shall be entitled to enter upon any premises of the customer for the purpose of removing all goods of HMC without liability for trespass, negligence, payment of any compensation to the customer or any other persons. The customer acknowledges that it is in possession of all goods solely as a fiduciary bailee for HMC until payment for all goods has been made by the customer.
- In the event of default of payment by the customer in accordance with clause 10 hereof the customer shall indemnify HMC against all costs and expenses howsoever arising from such default and further all debt recovery costs including legal costs on a solicitor/own client basis, and any mercantile agent costs including commission rates either incurred by HMC or for which HMC has a liability shall be deemed to be part of the indebtedness of the customer to HMC.
- Subject to the rights of the customer under the Trade Practices Act or equivalent State/Territory Legislation:
- All claims for short or damaged delivery or faulty goods must be made within 7 days of receipt of goods and returns will not be accepted without prior agreement.
- The signature of the customer or any of its staff on the consignment note or delivery docket indicates the customer’s receipt both of the number of goods and also of the number of products within the package.
- HMC shall not be liable whatsoever for any direct, indirect or consequential loss or damage suffered by the customer or any third party howsoever caused by non-delivery or delay in delivery of goods by the date or dates as may be specified by HMC or the Customer.
Credit notes are not transferable for cash money without the prior written consent of the Company Director/s &/or Officer/s of the Company or as required by the respective legislative bodies of the state of Western Australia or the Commonwealth of Australia.