Terms and Conditions
TERMS & CONDITIONS
MEXTRADE PTY LTD agrees to supply and the Customers agree to order goods in accordance with the particulars set forth before and the terms and conditions below:
1. Interpretation – in this agreement:
‘the Company’ means ‘MEXTRADE PTY LTD’;
‘the Customer’ means the applicant, firm or company so identified on previous page;
‘the Products’ means the Company’s range of spirits;
2. Change of ownership
1. Interpretation – in this agreement:
‘the Company’ means ‘MEXTRADE PTY LTD’;
‘the Customer’ means the applicant, firm or company so identified on previous page;
‘the Products’ means the Company’s range of spirits;
2. Change of ownership
2.1 The Customer must notify the Company, no later than 14 days prior to any change in the owner of the Customer, of the intended change in owner. Failure to do so, may result in the current owners of the Customer, being responsible for future debts of any new owner.
2.2 The provision of credit to the Customer pursuant to these Terms and Conditions and the Application are not automatically transferred to a new owner upon a change in owner, and the Company may decline provide credit to a new owner, at its discretion, acting reasonably.
3. Minimum order
3.1 National minimum order value of $500.00 in total applies to all sales orders. Higher minimum order values may apply for Regional areas outside of major cities – please consult your Sales Area Manager or contact National Customer Service if required.
4. Prices
4.1 Prices quoted in the Company’s published price lists or by representatives of the Company are subject to change without notice and are not binding on the Company. All goods are charged at the applicable price ruling at the date upon which the Products leave the Company’s premises for delivery to the Customer.
4.2 Prices are net of freight and shall be for the Customer’s account.
5. Terms of Payment
5.1 First delivery of all accounts are to be Pre paid only.
5.2 Where the Customer has a Credit Account, unless the Customer is otherwise notified by the Company, the products must be paid in full by the fourteenth (14th) day after invoice was issued.
5.3 All stock must be paid for within terms, unless otherwise agreed with MEXTRADE. We reserve the right to place late accounts on hold without notice.
5.4 Where the Customer has a Credit Account and is overdue with any payment or if the Company is in receipt of bank or trade references which it regards as unsatisfactory, the Company reserves the right to change the Customer as a Pre Pay Account.
5.5 Where the Customer has a Pre Pay Account, the Products must be paid in full at the time of delivery to the Customer.
5.6 The Customer shall have no right of set-off in respect of any claims against the Company.
6. Delivery
6.1 Delivery terms are ex-warehouse Mextrade
6.2 The Company shall use all reasonable endeavours to meet the Customer’s requested delivery dates but the Company shall not be liable to the Customer for any loss or damage whatsoever should it be delayed or prevented from delivering the Products beyond its control.
6.3 It is the Customer’s responsibility to inspect all the Products upon delivery. The Company shall not in any circumstances be liable for short delivery unless the Customer notifies the Company upon receipt of delivery.
6.4 In order to recognise a claim for damage or loss during freight by the Company’s arranged carriers, the Company must be notified at the time of delivery.
6.5 Claims of any other nature will not be accepted unless made within 24 hours of delivery.
6.6 The Company reserves the right to refuse any claim.
7. Retention of Title
7.1 The Company shall retain title of the Products supplied to the Customer until it has received payment in full. The Products belonging to the Company shall be stored so that they are identifiable as such. That the Company retains title to the Products until they have been paid for shall not affect its rights as an unpaid Company. Furthermore, if payment is overdue the Company shall be entitled to recover the Products belonging to it and the Company and its duly authorised agents shall at all times and without notice be entitled to enter the premises believed to be occupied by the Customer without any liability for trespass or other damage and recover therefrom the Products subject of this agreement but only if there is an existing default in the payment for such Products.
7.2 If the Products belonging to the Company are disposed of by the Customer or an insurance claim is made in respect of them, the Company shall be entitled to trace the sale of the insurance process, which proceeds shall be held by the Customer in a separate bank account on trust for the Company.
7.3 Once the risk has passed to the Customer in accordance with Clause 6.1 or otherwise, the Products shall be and remain at the Customer’s risk at all times unless and until the Company has retaken possession of the Products, and Customer shall insure the Products accordingly.
7.4 if the Goods are "used" (as interpreted under the tax law), the Customer will forfeit ownership and title will revert back to the Company for such stock until full payment is received by the Company.
8. Cancellation and Return
8.1 The Customer may return the Products for credit or replacement provided they are returned to the Company’s premises with the applicable invoice number quoted, within fourteen (14) days of delivery to the Customer. Exceptions to this clause may be granted only subject to the approval of the Principal Agent.
8.2 The Company reserves the right immediately to cancel any order or suspend any delivery without incurring any liability to the Customer if the Customer is in default of payment or if the Customer becomes bankrupt, enters into liquidation,
2.2 The provision of credit to the Customer pursuant to these Terms and Conditions and the Application are not automatically transferred to a new owner upon a change in owner, and the Company may decline provide credit to a new owner, at its discretion, acting reasonably.
3. Minimum order
3.1 National minimum order value of $500.00 in total applies to all sales orders. Higher minimum order values may apply for Regional areas outside of major cities – please consult your Sales Area Manager or contact National Customer Service if required.
4. Prices
4.1 Prices quoted in the Company’s published price lists or by representatives of the Company are subject to change without notice and are not binding on the Company. All goods are charged at the applicable price ruling at the date upon which the Products leave the Company’s premises for delivery to the Customer.
4.2 Prices are net of freight and shall be for the Customer’s account.
5. Terms of Payment
5.1 First delivery of all accounts are to be Pre paid only.
5.2 Where the Customer has a Credit Account, unless the Customer is otherwise notified by the Company, the products must be paid in full by the fourteenth (14th) day after invoice was issued.
5.3 All stock must be paid for within terms, unless otherwise agreed with MEXTRADE. We reserve the right to place late accounts on hold without notice.
5.4 Where the Customer has a Credit Account and is overdue with any payment or if the Company is in receipt of bank or trade references which it regards as unsatisfactory, the Company reserves the right to change the Customer as a Pre Pay Account.
5.5 Where the Customer has a Pre Pay Account, the Products must be paid in full at the time of delivery to the Customer.
5.6 The Customer shall have no right of set-off in respect of any claims against the Company.
6. Delivery
6.1 Delivery terms are ex-warehouse Mextrade
6.2 The Company shall use all reasonable endeavours to meet the Customer’s requested delivery dates but the Company shall not be liable to the Customer for any loss or damage whatsoever should it be delayed or prevented from delivering the Products beyond its control.
6.3 It is the Customer’s responsibility to inspect all the Products upon delivery. The Company shall not in any circumstances be liable for short delivery unless the Customer notifies the Company upon receipt of delivery.
6.4 In order to recognise a claim for damage or loss during freight by the Company’s arranged carriers, the Company must be notified at the time of delivery.
6.5 Claims of any other nature will not be accepted unless made within 24 hours of delivery.
6.6 The Company reserves the right to refuse any claim.
7. Retention of Title
7.1 The Company shall retain title of the Products supplied to the Customer until it has received payment in full. The Products belonging to the Company shall be stored so that they are identifiable as such. That the Company retains title to the Products until they have been paid for shall not affect its rights as an unpaid Company. Furthermore, if payment is overdue the Company shall be entitled to recover the Products belonging to it and the Company and its duly authorised agents shall at all times and without notice be entitled to enter the premises believed to be occupied by the Customer without any liability for trespass or other damage and recover therefrom the Products subject of this agreement but only if there is an existing default in the payment for such Products.
7.2 If the Products belonging to the Company are disposed of by the Customer or an insurance claim is made in respect of them, the Company shall be entitled to trace the sale of the insurance process, which proceeds shall be held by the Customer in a separate bank account on trust for the Company.
7.3 Once the risk has passed to the Customer in accordance with Clause 6.1 or otherwise, the Products shall be and remain at the Customer’s risk at all times unless and until the Company has retaken possession of the Products, and Customer shall insure the Products accordingly.
7.4 if the Goods are "used" (as interpreted under the tax law), the Customer will forfeit ownership and title will revert back to the Company for such stock until full payment is received by the Company.
8. Cancellation and Return
8.1 The Customer may return the Products for credit or replacement provided they are returned to the Company’s premises with the applicable invoice number quoted, within fourteen (14) days of delivery to the Customer. Exceptions to this clause may be granted only subject to the approval of the Principal Agent.
8.2 The Company reserves the right immediately to cancel any order or suspend any delivery without incurring any liability to the Customer if the Customer is in default of payment or if the Customer becomes bankrupt, enters into liquidation,
makes a composition with its credits, has a receiver or manager appointed of whole or any part of its assets or business or takes or suffers any similar action in consequence of debt.
9. Non-Availability of Stock
9.1 While every effort will be made to fulfil the Customer’s orders for the Products, the Company shall not be liable for any loss or damage arising as a result of non-availability of stock.
10. Change of ownership
10.1 The Customer agrees to notify the Company in writing of any change to ownership of the Customer within 7 days of such change, and indemnifies the Company against any loss or damage incurred by it as a result of the Customer’s failure to notify the Company of any change.
10.2 The Company also reserves the right to withdraw the Customer's approved credit status in relation to the sale of Goods, and all outstanding amounts will become immediately due and payable and future deliveries can only be made by payment of cash on delivery.
11. Default
11.1 If the Customer commits an Event of Default, the Company may, in addition to any other rights available to it at law or pursuant to these Terms and Conditions of Trade: (a) charge interest on all overdue payments at two percent (2%) per month from the due date until the date of payment (or otherwise as allowed under the law), and (b) suspend all further delivery of Goods or further performance of any other contract with the Customer.
12. General
12.1 Irrespective of any terms and conditions in the Customer’s order form, or irrespective of the Customer not reading the Terms and Conditions of Trade, acceptance (by retaining the Goods or any other method) of the Goods ordered by the Customer will be conclusive acceptance of the Terms and Conditions of Trade contained herein.
12.2 Failure to enforce any term of this Agreement does not constitute a waiver and shall in no way affect the right later to enforce it.
12.3 The validity or unenforceability of any term of this Agreement shall in no way affect the remaining items.
12.4 Clause headings are purely for ease of reference and do not form part of or affect the interpretation of this Agreement.
12.5 The construction, validity and performance of this Agreement shall be governed by the laws of the State of Queensland
In these Terms and Conditions:
Event of Default means any of the following events:
(a) The Customer fails to pay for the goods and if applicable, freight, in accordance with clause 5 of these Terms and Conditions;
(b) The Customer is in breach of these Terms and Conditions or the Application;
(c) If the Customer is a Company:
(i) An order is made or a resolution is effectively passed for the winding up of the Customer,
(ii) the Customer resolves to appoint a receiver, receiver and manager, administrator, controller or provisional liquidator or a receiver, receiver and manager, controller, administrator or provisional liquidator is appointed;
(iii) The Customer goes into liquidation or makes an assignment or an arrangement or composition with its creditors; or
(iv) the Customer stops payment or is deemed unable to pay its debts within the meaning of the Act;
(d) If the Customer is a natural person:
(i) An order is made for the Customer’s bankruptcy or the Customer becomes an “insolvent under administration” as defined in the Bankruptcy Act 1966 (Cth);
(ii) the Customer enters into an arrangement under Part X of the Bankruptcy Act 1966 (Cth);
(iii) the Customer dies or becomes mentally or physically incapable of managing his or her affairs ;
(iv) an order is applied for or made to place the assets and affairs of the Customer
9. Non-Availability of Stock
9.1 While every effort will be made to fulfil the Customer’s orders for the Products, the Company shall not be liable for any loss or damage arising as a result of non-availability of stock.
10. Change of ownership
10.1 The Customer agrees to notify the Company in writing of any change to ownership of the Customer within 7 days of such change, and indemnifies the Company against any loss or damage incurred by it as a result of the Customer’s failure to notify the Company of any change.
10.2 The Company also reserves the right to withdraw the Customer's approved credit status in relation to the sale of Goods, and all outstanding amounts will become immediately due and payable and future deliveries can only be made by payment of cash on delivery.
11. Default
11.1 If the Customer commits an Event of Default, the Company may, in addition to any other rights available to it at law or pursuant to these Terms and Conditions of Trade: (a) charge interest on all overdue payments at two percent (2%) per month from the due date until the date of payment (or otherwise as allowed under the law), and (b) suspend all further delivery of Goods or further performance of any other contract with the Customer.
12. General
12.1 Irrespective of any terms and conditions in the Customer’s order form, or irrespective of the Customer not reading the Terms and Conditions of Trade, acceptance (by retaining the Goods or any other method) of the Goods ordered by the Customer will be conclusive acceptance of the Terms and Conditions of Trade contained herein.
12.2 Failure to enforce any term of this Agreement does not constitute a waiver and shall in no way affect the right later to enforce it.
12.3 The validity or unenforceability of any term of this Agreement shall in no way affect the remaining items.
12.4 Clause headings are purely for ease of reference and do not form part of or affect the interpretation of this Agreement.
12.5 The construction, validity and performance of this Agreement shall be governed by the laws of the State of Queensland
In these Terms and Conditions:
Event of Default means any of the following events:
(a) The Customer fails to pay for the goods and if applicable, freight, in accordance with clause 5 of these Terms and Conditions;
(b) The Customer is in breach of these Terms and Conditions or the Application;
(c) If the Customer is a Company:
(i) An order is made or a resolution is effectively passed for the winding up of the Customer,
(ii) the Customer resolves to appoint a receiver, receiver and manager, administrator, controller or provisional liquidator or a receiver, receiver and manager, controller, administrator or provisional liquidator is appointed;
(iii) The Customer goes into liquidation or makes an assignment or an arrangement or composition with its creditors; or
(iv) the Customer stops payment or is deemed unable to pay its debts within the meaning of the Act;
(d) If the Customer is a natural person:
(i) An order is made for the Customer’s bankruptcy or the Customer becomes an “insolvent under administration” as defined in the Bankruptcy Act 1966 (Cth);
(ii) the Customer enters into an arrangement under Part X of the Bankruptcy Act 1966 (Cth);
(iii) the Customer dies or becomes mentally or physically incapable of managing his or her affairs ;
(iv) an order is applied for or made to place the assets and affairs of the Customer
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