|Terms of Supply
In these conditions:
“Biopak” means Biopak Pty Limited;
“Customer” or “You” refers to the person or company to whom the Products and/or Services are sold or supplied;
“GST” means the Goods and Services Tax assessable under the GST Law;
“GST Law” means a New Tax System (Goods and Services Tax) Act 1999, a New Tax System (Goods and Services Tax Transition Act) 1999 and all associated legislation , subordinate legislation and administrative rulings;
“Products” includes disposable food service items and packaging;and
“Supplier” means a supplier of Products to Biopak.
The following are the terms on which Biopak will supply, and Customer must acquire Products:
1.1 You may order the Products from Biopak from time to time by completing, executing and sending to Biopak a purchase order (Order). An Order can also be placed via telephone and the signed proof of delivery will confirm the Order. In placing an Order, Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and an Order, the Terms of Supply will govern to the extent of any inconsistency.
1.2 The supply of Products by Biopak to You is subject the Suppliers' ability to supply sufficient quantities and types of Product to Biopak.
1.3 Home Deliveries BioPak can only deliver to a private residence on the following terms:
1.3.1 You explicitly give BioPak authority to leave the goods in the safest possible place which you must specify when ordering in case no-one is present at the time of delivery. If nothing is specified, then BioPak will authorize their Shipping Provider to leave it in the best possible place.
1.3.2 BioPak is not responsible for the safety of the Products and both BioPak and You accept the Shipping Providers confirmation as absolute confirmation that the goods have been delivered.
1.3.3 Should for any reason, the Shipping Provider not be able to leave it in a safe place and they take it back with them, you will be liable for a redelivery fee as charged by the Shipping Provider
2.1 The purchase price of Products is as set out in Biopak's most recent price list, quotation, facsimile, email or quotation at the time You order Products from Biopak. Freight, handling and insurance costs are in addition to the purchase price and will be shown separately on Biopak invoices.
2.2 Biopak may alter any prices of Products without prior notice to Customer.
2.3 Biopak will invoice You for amounts due at the times specified in the Order, specifying how those amounts are calculated.
2.4 You must pay each Biopak invoice in full in advance of delivery unless otherwise agreed to in writing.
2.5 Biopak will, in its sole discretion, issue you a credit limit and terms for payment which may differ to the requested terms. You undertake to trade within these terms.
2.6 Biopak may charge You interest on any overdue amount, calculated daily from the due date until the date of payment, at the interest rate charged by the Commonwealth Bank of Australia to its prime commercial customers on the due date.
2.7 Customer must reimburse Biopak for any expenses and charges incurred by Biopak in attempting to recover from Customer any overdue amounts, including without limitation, debt collection and legal fees.
3. Cancellation charges
If Biopak becomes liable to pay a Supplier's cancellation or rescheduling fee due to Customer canceling an Order, then Biopak may recover those fees from the Customer.
4. Stock Returns for Credit
4.1 Products can only be returned to Biopak for credit within 7 days from invoice date even if Biopak is at fault. If BioPak is not at fault and the customer wishes to return product, subject to the rest of the this clause 4 being adhered to, the customer will:
4.1.1 Pay the cost of freight of the goods both to them and back to BioPak, as well as a $5.00 per carton restocking / administration fee if returning for Credit (No Refunds); OR
4.1.2 Pay the cost of freight of the goods back to BioPak if returning for credit and then received a replacement item of the same quantity
4.2 Returned products can only be credited at the value equivalent to the current market value of the products.
4.3 Damaged goods are not eligible for return. Products to be returned must have a returns authorisation (RA) number clearly visible on the outside of the package (NOT on original carton, and the product must be unopened and in a re-sellable condition acceptable by Biopak. Any goods that have been written on or defaced by You or your courier will not be eligible for return.
4.4 BioPak only accepts complete cartons with no items missing. BioPak does not accept for credit sleeves of products or individual items.
4.5 Approved product returns must be returned to Biopak within 3 days of the RA number being issued or receipt of the goods will be declined and returned to You.
4.6 All returns outside the above conditions are subject to a minimum 20% restocking fee, if and only if Biopak agrees to accept the return at the sole discretion of Biopak. Biopak is under no obligation to accept returns of Product from Customers.
5.1 Biopak warrants that all Products supplied are fit for purpose.
5.2 Should any Products not meet the Customer requirements for this purpose, then Biopak will replace the Products at no cost to the Customer or provide the Customer with a full refund at the Customers preference.
6. Risk and title
Ownership of any products and packaging delivered remains vested in Biopak until payment of all amounts owing on account for any products supplied, whether past or present, has been paid in full. In the event that any amount is due, owing and payable Biopak shall be entitled to enter upon any premises where the products previously supplied by Biopak are located and remove from such premises and take possession of any such products at invoice value in satisfaction of any and all unpaid amounts which are due, owing and payable at that time by You to Biopak. There shall be no requirement whatsoever on the part of Biopak to identify any specific stock item to any unpaid invoice.
Terms and Conditions continued