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Terms & Conditions

ACOM INTERNATIONAL PTY LTD TRADING TERMS AND CONDITIONS 

The terms and conditions set out herein contain the entire agreement between the parties and The Purchaser agrees that any purchase order given or delivered to ACOM International Pty Ltd shall constitute an acceptance by The Purchaser on the terms and conditions contained herein and The Purchaser agrees that such terms and conditions shall constitute the final agreement between the parties in respect to the sale of the products. 

These trading terms are only valid at the time of printing and/or the date of the invoice.  

JURISDICTION 

The laws of the State of Victoria govern our trading. The Purchaser agrees with us to submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia and agree that any legal proceedings may be heard in these courts. 

LIMITED AVAILABILITY 

Goods are only available while stocks last. All stock and prices advertised available only at the time of printing. Unforseen manufacturing, supplier or delivery problems may result in stock being unavailable. 

ACOM International Pty Ltd will not be held liable for any losses or liability arising from non-supply of goods. 

PRICES & G.S.T. 

ACOM International Pty Ltd reserves the right to change its prices, product specifications, payment and trading terms at any time at its discretion. 

All prices shown supersede all prior price lists, catalogues, flyers, brochures and communication. 

All prices are exclusive of G.S.T.  

FREIGHT & DELIVERY 

A surcharge of $20 plus freight applies to all orders of less than $250 excluding G.S.T. 

Orders over $200 are free-into-store in the Melbourne metropolitan area only, over $250 for Melbourne Peninsula. All other Victorian, country and interstate deliveries are free to your nominated carrier in Melbourne for orders over $200. 

Orders over $250 are freight free to capital cities excluding Perth, Hobart and Darwin. Orders over $800 are freight free to Perth. Orders for N.T. over $250 are freight free to your carrier in Adelaide or Melbourne. Orders for Tasmania over $200 are freight free to your Melbourne carrier. 

All Express Post Packs will incur charges. 

If an order is all bulky goods or largely bulky goods then freight will be charged.  

ACOM International Pty Ltd reserves the right to levy freight charges at its discretion. 

ACOM International Pty Ltd accepts no liability for goods in transit that are being transported at the expense of The Purchaser. 

Whilst ACOM International Pty Ltd will use all reasonable endeavours to comply with The Purchasers particular delivery requirements and order specifications, The Purchaser will not be entitled to cancel the whole or part of the order or to claim compensation by reason of our failure to comply with The Purchasers delivery requirements or minor variations to the goods as a result of changes to specifications. 

PAYMENT TERMS 

All initial orders with ACOM International Pty Ltd will be on a prepaid basis unless otherwise negotiated. 

Otherwise, payment terms for accounts are net 30 days from the invoice date (not statement date). 

Accounts may or may not be opened at the sole discretion of ACOM International Pty Ltd. 

ACOM International Pty Ltd reserves the right to change trading and payment terms at its discretion. 

OVERDUE ACCOUNTS 

ACOM International Pty Ltd shall without limitation to any other legal rights or remedies be entitled to charge and collect interest on all overdue accounts on a cumulative (compounding) basis and interest shall be charged at 2% per annum more than the rate for the time fixed under Section 2 of the Penalty Interest Rate Act (Vic) 1983. Until such time as the goods have been paid for in full by The Purchaser, they shall be at the risk of The Purchaser. 

The Purchaser undertakes to pay all ACOM International Pty Ltd costs and expenses (including legal costs determined as between solicitor/own client and mercantile agents fees) which may be incurred in the recovery or attempted recovery of the overdue amounts from The Purchaser. 

Supply may be suspended in the event of any overdue or unpaid accounts. ACOM International Pty Ltd will not be held liable for any losses or liability arising out of suspension of supply. 

RESERVATION OF TITLE 

Goods are supplied by ACOM International Pty Ltd on the condition that the title to and property in these goods does not pass to The Purchaser until The Purchaser has paid ACOM International Pty Ltd all monies owing to us under all Sale of Goods contracts entered into between ACOM International Pty Ltd and The Purchaser. 

Until the date of payment, or in the opinion of ACOM International Pty Ltd, The Purchaser is likely to become insolvent or a receiver or trustee is appointed to The Purchaser's property: 

  1. The purchaser shall store the goods so they are clearly identified as the property of ACOM International Pty Ltd. 
  2. The Purchaser shall hold in its fiduciary capacity a separate account for all proceeds of transactions between itself and third parties where the transactions have involved the use by The Purchaser of any and all goods supplied by ACOM International Pty Ltd. 
  3. If the goods are used in the manufacture and/or packaging of other goods the property in those other goods shall be transferred to ACOM International Pty Ltd and they shall be stored so that they are clearly identified as the property of ACOM International Pty Ltd provided that The Purchaser may sell and deliver any such other goods to a third party in the ordinary course of business on the condition that The Purchaser will assign to ACOM International Pty Ltd their right in respect of the sale price thereof. 
  4. ACOM International Pty Ltd and/or its agents and/or its servants may at any time until final payment and in the event of non-payment enter The Purchaser's premises and repossess the goods. In the event of such entry and repossession ACOM International and/or its agents and/or its servants may take whatever steps they deem necessary to effect such entry and/or repossession. 

ALSO TRADING AS 

ACOM International Pty Ltd means "World Surplus Pty Ltd", " The Supply Depot", "The Blanket Warehouse" and "Melbourne Disposals & Camping" and all subsidiaries wholly owned by ACOM International Pty Ltd from time to time. Acceptance of these trading terms implies acceptance of the same trading terms and conditions levied by all wholly owned subsidiaries. 

LIMITED LIABILITY 

ACOM International Pty Ltd does not warrant the fitness for any particular purpose, correspondence with description or any standard of quality of goods. Liability of ACOM International Pty Ltd in respect of goods is limited to the purchase price of the goods in question. 

SHORTAGES AND DEFECTS 

Shortages and claims on defective merchandise must be reported within 14 days of an invoice for refund unless otherwise arranged with our office. If notice is not given within 14 days of receipt ACOM International reserves the right to refuse refund or exchange. 

No goods will be accepted for return without prior authorisation from ACOM International Pty Ltd. 

Displays, shop worn or misused goods will not be accepted for return. The Purchaser accepts all risk of loss and damage to the goods, whether caused by them or not, following delivery and acceptance of the goods. 

Acceptance of the goods as intact and complete (including all cartons or packages) is indicated by the signing of a transport consignment note, unless otherwise noted or declared at the signing. 

Credits will only be issued after the goods have been returned to ACOM International Pty Ltd.