Trading terms are strictly payment before delivery unless prior payment arrangements have been made in which case; the terms will be strictly Net Cash as advised in your credit acceptance letter. The customer has no right to retain moneys beyond that time. Failure to comply with the terms of payment will (without more) constitute a breach of contract and the company may thereby treat the whole of the contract repudiated and accordingly the company may refuse without prejudice to any other rights it may have to supply, refuse to supply or deliver further products to the customer pursuant to the order or otherwise until such time as the customer has remedied any default under this clause.
TAX AND GOVERNMENT CHARGES.
The price of all goods and services (unless specified) are inclusive of GST.
Both Legal and equitable title to the goods shall only pass to the Purchaser upon payment to the company of the entire price due in respect of those goods. As long as the purchaser owes the company any part of the price for any goods delivered to the Purchaser.
(a) If the Purchaser even with loss of identity uses such goods the legal and equitable title in the resultant products shall vest in the company.
(b) The purchaser shall keep such goods and any resultant products as fiduciary for the company and store them separately in a manner that clearly show ownership of the company.
(c) The Purchaser shall at its own cost effect and maintain at all times such insurance in respect of such goods and any resultant products (including the company as an insured) the company in it’s absolute discretion deems necessary.
(d) Notwithstanding the other provisions of this document the purchaser may sell such goods and any resultant products as the companies fiduciary to a third party in the ordinary course of the purchasers business and deliver them to the third party provided that:
- Where the purchaser is paid by the third party, the purchaser agrees at the option of the company to assign its claim against the party to the company upon the company giving the purchaser notice in writing to that effect.
- In addition to any other rights which the company may have under this contract or at Law the company may retake possession of such goods and enter upon the purchasers premises for that purpose.
You (the purchaser) agree that you are liable for all costs incurred in the recovery of any overdue account, such costs being calculated on a Solicitor/Mercantile Agent to client basis.
You (the purchaser) acknowledge the company reserves the right at all times to determine that a previously approved account is no longer so approved. At such time all monies owing shall become immediately due and payable and the company has the right to refuse to deliver further supplies to the customer unless such supplies are paid for by the applicant in cash prior to delivery.
Goods found to have manufacturing defects will be replaced at no charge or a credit to your account. All claims must be approved for return prior to the return of the goods. Claims for faulty stock must be reported to Marketing Winners within seven (7) days of the receipt of the order. Any discrepancy (pricing, quantity, taxes etc) should be reported to us immediately. This will ensure prompt corrective action on our part. A copy of the relevant invoice must accompany returned items.
All items returned are subject to individual inspection. Any item found not to be our product or not showing a manufacturing defect will not be allowed. We will not replace foil balloons which have been overblown, as indicated by tears along the seam area; burned, or have puncture holes; poorly sealed as evidenced by wrinkles in the neck of a heat-sealed balloon (when supplied flat), exposed to moisture of any form; roughly handled, improperly stored, or balloons exposed to high temperatures or direct sunlight.
Any returns arriving COD or collect will be refused. Seasonal items will not be accepted for return after end of the particular season. The restocking charge will be fifteen (15) percent of the value of the returned merchandise with a minimum restocking charge of ten (10) dollars. Returns must be in original package quantities. Part packages will not be accepted for return.
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