Terms and Conditions of Trade
Any order placed with The Forage Company ABN 83 140 545 204 (‘we’, ‘our’, ‘us’ or ‘The Forage Company’) constitutes your (‘you’ or ‘your’) agreement to be bound by these terms. The Terms & Conditions of Trade may be amended only by written agreement between us and you. Any additional or different terms are not binding unless agreed in writing. Receipt of goods by you upon delivery constitutes your agreement to be bound by these terms.
1.1. Your placement of an order with us constitutes an offer by you to purchase goods from us on these terms. The Order is placed when it is submitted to us.
1.2. Delivery of goods constitutes our acceptance of the order and a binding contract between you and us will arise on these terms and conditions of trade.
1.3 Please refer to Appendix One for delivery minimums. We reserve the right to charge a delivery fee for orders under our minimum.
2.1 We will deliver the Goods to the address stated in the Order. Please refer to Appendix Two for delivery days to your area
2.2 Signature of your Invoice/Proof of Delivery document will constitute acceptance in full of your order; and
2.3 You agree to inform us in writing of any issues that have occurred with a delivery by email to firstname.lastname@example.org
This includes short deliveries, items damaged in delivery or any other issue you wish to communicate to us relating to a delivery.
2.4 No returned Goods will be accepted by us if they are not received as new.
2.5 If goods have been incorrectly ordered by you a $30 return delivery fee will be charged.
2.6 Where the Goods we supply under this agreement are damaged or short delivered, then our remedy is limited to one of the following:
a) to replace the damaged or short delivered Goods or
b) to issue you with a credit for these.
3. Payments, Terms of Trade and Credit Hold Policy
3.1. Invoices will be paid to The Forage Company Pty Ltd according to the trading terms agreed with you.
3.2 All goods are sold subject to goods & services tax (GST) unless the goods are classified as GST exempt.
3.3 We reserve the right to suspend the delivery of further goods if your terms of payment are not strictly adhered to.
3.4 If you are 14 days beyond your agreed payment terms you are immediately and strictly put on credit hold and supply is withheld until payment is made.
3.5 If you do not respond timeously to our requests for overdue payments you will receive a Letter of Demand which if not responded to will be forwarded to our Debt Collection Company.
3.6 Any expenses or costs incurred by us in recovering any outstanding monies including debt collection agency fees or solicitor’s and court costs will be passed on to you.
3.7 If you fail to respond to our Letter/s of Demand and/or our Debt Collection Agency in relation to settling an overdue payment we may list information about the payment default with any credit reporting body
3.8 If you:
i) fail to make any payment due under the contract or commit any other breach of any of your obligations under the contract; or
ii) suffer execution under any judgment; or
iii) commit an act of bankruptcy; or
iv) make any arrangement with any creditor; or
v) being a company, pass a resolution for winding up or have a receiver appointed then any part of the monies owed to us which are then unpaid, together with any other monies owing, will immediately become due and payable. Any such termination will be without prejudice to any claim or right we may otherwise possess
3.9 Title to the goods sold to you shall remain vested in us and shall not pass to you until the purchase price of the goods has been paid in full and received by us. Until title to the goods passes to you:
3.10 We and our agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the goods or any part are stored and have the authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods and;
3.11 Irrespective of whether title to the goods vested in us, risk in the goods shall pass to you upon delivery
4. Price and Price Variation
4.1. Unless otherwise agreed in writing, the price of the Goods is as stated in our price list(s) current on the day of delivery of the Goods.
4.2. We may adjust any price from time to time and you agree to pay any such adjusted price to take account of variations that may arise from any of the following:
a) delays in delivery of the Goods as a result of instructions or lack of instructions from you, your failure or inability to fulfil the obligations under the Contract or other circumstances beyond our control;
b) variation in the cost of us acquiring the Goods.
d) any correction of errors or omissions on the part of The Forage Company or any of its representatives.
4.3 Credit Card payments incur a fee of $0.33 plus 1.65% for Master Card and Visa and $0.33 per plus 3.3% for American Express.
5. Governing Law
The contract will be governed by the law of the State of NSW and the Commonwealth of Australia.
All notices under the Contract must be in writing by post or by e-mail, to an address or number detailed in the Order.
The Forage Company reserves the right to change these Terms and Conditions at any time.