Trading Terms and Conditions

The Applicant agrees that any purchase of XTM Australia Pty Ltd products will be governed by XTM Australia Pty Ltd’s Trading Terms and Conditions applicable at the time of the order. The Trading Terms and Conditions may be varied from time to time by XTM Australia Pty Ltd sending to the Applicant by pre paid post revised Trading Terms and Conditions which will (subject to any other agreement made with the Applicant) govern all orders placed from the date of posting.

The Applicant may not assign it’s rights or obligations under this Agreement without XTM Australia Pty Ltd’s written consent.

The Applicant agrees to advise XTM Australia Pty Ltd of any change in circumstances affecting the credit transactions, including, but not limited to : transfer of ownership of the Applicant’s business, change in ownership or control of the Applicant (including any change in shareholding, constitution of the Board/partnership as applicable and/or any detrimental change in the Applicant’s financial circumstances.

Catalogue
Every reasonable effort has been made to describe accurately the catalogue items. Descriptions are believed to be accurate as at the date of printing but no assurance is made as to the descriptions or continued availability – suppliers may change or alter product lines. We reserve the right to change any items from time to time without notice. Suitable substitutions will be offered where possible

Accounts
All accounts, unless otherwise agreed in writing with XTM Australia Pty Ltd must be paid within 30 days from the date of the month goods are invoiced.
Each account will have a credit limit. The credit limit will be at the discretion of XTM Australia Pty Ltd. XTM Australia Pty Ltd reserves the right (in it’s discretion) to decline to provide credit to the Applicant at any time, including but not limited to where the Applicant would exceed any credit limit set by XTM Australia Pty Ltd. Settlement Discount will be set at : 5% if payment in full is received 14 days from invoice date.
Overdue Accounts
All legal costs incurred in the pursuit of overdue accounts will be charged to those accounts
An interest charge of 1.5% per month will be charged from the 1st day overdue until paid.
Title

  1. The Applicant shall assume full risk of loss or damage to product immediately upon delivery but title will not pass to the Applicant in respect of any product until all amounts payable by the Applicant in respect of any product (or on any other basis) have been paid. Until such payment has been made, the Applicant agrees to hold the product as bailee for XTM Australia Pty Ltd and shall liable and store the product in a manner which clearly shows the ownership of XTM Australia Pty Ltd.
  2. If the Applicant fails to make any payment when due or if XTM Australia Pty Ltd has any reason to believe that the product has been or will be destroyed, damaged, endangered or removed from the normal place of business of the Applicant, or that the Applicant is unable to pay it’s debts when they fall due, XTM Australia Pty Ltd may (without prejudice to any other right) withhold delivering further product and repossess and dispose of any product already delivered or ordered and may at reasonable time enter any premises in which the product may be located to do so.
  3. If the question arises as to ownership of any product the onus shall be on the Applicant to prove that in respect of that product that title has passed to it. All product in the Applicant’s possession shall be deemed to be belonging to XTM Australia Pty Ltd unless the Applicant can prove otherwise.
  4. Production of a copy of this Credit Application shall constitute evidence of XTM Australia’s authority to enter any such premises and remove product at it’s discretion.

Risk
Risk in the goods will pass to the applicant on delivery of the goods to the applicant or the applicant’s agent or courier.

Returns
Goods will not be accepted for return, credit or exchange.

The only exceptions are: where a product defect is suspected, where stock received does not relate to that ordered. No goods are to be returned without a Return Authority Number (RA number). The RA number must be clearly written on each carton and returned to:
XTM Australia Pty Ltd
PO Box 422
TORQUAY VIC 3228 – or our nominated warehouse

We reserve the right to either replace, repair or credit the article in question. Any replacement goods returned by XTM Australia Pty Ltd will be shipped at our expense. In no event shall we be liable for any consequential loss or damage.

The Applicant agrees to allow full & free access to the goods in question for the purposes of assessing credit claims. This will usually require the return of the goods via mail/courier for inspection at the discretion of XTM Australia Pty Ltd.

Delivery and Freight Charges
All goods are to delivered with a Consignment Note which shall be signed on behalf of recipient of goods and quantity of cartons verified. Any damage to cartons or short shipment is to be reported to XTM Australia Pty Ltd within 24 hours of receipt of goods. In all instances freight is for the buyers account .All prices are ex XTM Australia Pty Ltd, Melbourne. A specific carrier may be used as requested in writing – the name and account number must be provided prior to despatch.

Pricing
XTM Australia Pty Ltd reserves the right to amend and alter prices in the event of adverse exchange rate variations.

Trade Show Orders
Only orders placed and received with XTM Australia Pty Ltd no later than October 31st will be considered ‘trade show orders’ and as such be eligible for any/all Indent Order discounts (pack price/s) extended to ‘trade show orders” & must be ordered in ‘pack’ quantities as specified in XTM catalogue.

Applicable Law
That parties acknowledge that the contract embodied herein is made in the State of Victoria and shall be governed by the laws of the State. The parties agree to submit themselves to the jurisdiction of the courts of the State of Victoria.

Statement by Applicant regarding Credit Enquiries
Access to Consumer Credit Information (Section 18k(i)(b) Privacy Act 1988)

The Applicant acknowledges and agrees that XTM Australia Pty Ltd (as allowed by the Privacy Act) to disclose personal information about this Credit Application to a credit reporting agency, that XTM Australia Pty Ltd may obtain from a Credit Reporting Agency or any other Credit Provider, a credit report containing personal credit information about the Applicant to assess this application or in relation to the collection of any overdue payments.

The Applicant also acknowledges that XTM Australia Pty Ltd may give to and seek from other credit providers (whether named in this application or not) information about the applicant’s credit worthiness, credit history or credit capacity (as allowed in the Privacy Act).

Declaration regarding purpose for which credit provided
Business Declaration (Section11 Consumer Credit Code 1996)

I/We declare that any credit to be provided to the Applicant by XTM Australia Pty Ltd is to be applied wholly or predominantly for business or investment purposes (or for both purposes).

Warranty
I/We warrant the accuracy of the information provided by us in this application and that I/We have the authority to sign as and for the Applicant. The Customer’s signatory(s) on any order in consideration of the Company agreeing to supply goods to the Customer warrant that the Customer both at the time of order and delivery and will be solvent and able to meet all financial commitments to the Company and unconditionally (and jointly and severally if more than one) warrants to the Company as continuing warranty that the Customer will comply with all trading terms. In default of any trading terms, XTM reserves the right to cancel or postpone any previously allowed Credit Facility.