New Account Application Form -

Please note the following:

1.     Conditions of sale are listed on the attached page 2 of this documentation.

2.     I/We agree to comply with the terms and condition of sale of Heritage Brands (Australia) Pty Ltd

3.     I/We have read and understood the terms and conditions of sale of this documentation.

4.     I/We agree to the terms of payment as per clause 3(d) of the conditions of sale.

** All credit accounts are strictly 30days from end of month. All credit accounts are strictly 30days from end of month.Once account has been approved, there will be a maximum of 5k credit limit given.  This can be reviewed after a paying period of 3mths, and may require a more detailed credit application form to be completed and signed by Director/Owners..

 

CONDITIONS OF SALE

 

Conditions of sale shall apply to the exclusion of all others including any terms and conditions of the customer (whether on the customer’s order form or otherwise). The customer acknowledges that these terms and conditions embody the whole agreement between the parties and agrees to be bound by them.

 

The person to whom an order form is addressed (hereinafter called “The Purchaser”) hereby acknowledges and agrees that the following and agrees that the following conditions of sale shall apply in respect of any goods ordered from Heritage Brands (Australia) Pty Ltd.

 

1. Claims in respect of short delivery and/or discrepancies, damaged or faulty goods must be made within seven (7) days of delivery and in the event that no such claim is made within that period no claim in respect of short delivery will be entertained.  Store damage stock is the purchasers’ liability

2. All goods are sold by firm sale and cannot be returned or exchanged.

3. a) The Purchaser shall pay the purchase price shown on the invoice accompanying the goods within 30 days of the end of the month of invoice for those goods

b) There is a $13.65 delivery service charge excluding GST for all orders delivered door to door.This delivery charge will appear on the invoice.

c) The purchase price and delivery service  charge shall be paid to Heritage Brands (Australia) Pty Ltd at the address shown on the invoice

d) Trading terms are strictly Net 30 days from the end of the month of invoice unless other trading terms have been agreed upon between the parties, and evidenced in writing.

e) If any payment is not made on the due date, Heritage Brands (Australia) Pty Ltd reserves the right to charge an administration fee of two percent (2%) per month or part thereof from the due date payment is made and Heritage Brands (Australia) Pty Ltd reserves the right, and without prejudice to its other rights hereunder and at law, to cancel orders or to suspend deliveries of goods until such payment is made.

4. The purchaser shall display the goods for resale in an attractive and prominent manner and shall utilise for that purpose all such stands and point of sale material as shall be provided by Heritage Brands (Australia) Pty Ltd to the Purchaser from time to time.  All display materials supplied free of charge remains the property of Heritage Brands (Australia) Pty Ltd and is to be used only to display Heritage Brands products.

5. It is understood that any communication by Heritage Brands (Australia) Pty Ltd to the Purchaser or a recommended price for the resale places no obligation on the Purchaser to charge that price and such prices are merely communicated to the Purchaser as a price at which they may consider selling the goods.

6. The conditions herein contained shall be deemed to be included in any invoice delivered by Heritage Brands (Australia) Pty Ltd to the purchaser. 

7. Unless otherwise agreed in writing by Heritage Brands (Australia) Pty Ltd or stated on the invoice, the price(s) payable by the Purchaser to Heritage Brands (Australia) Pty Ltd shall be Heritage Brands (Australia) Pty Ltd normal selling price applicable thereto and is subject to change without notice.

8. Heritage Brands (Australia) Pty Ltd gives no express warranty in relation to the supply of the goods and the Purchaser acknowledges that it has not relied on any representation or warranty made by you or on behalf of Heritage Brands (Australia) Pty Ltd in relation to the goods or their supply.  The Trade Practices Act (1974) and certain State and Territory legislation may imply certain conditions and warranties into this contract for the benefit of the Purchaser.  To the extent that such conditions and warranties in respect of the goods may, as between Heritage Brands (Australia) Pty Ltd and the Purchaser willfully be excluded all such conditions and warranties are hereby expressly excluded.

9. Heritage Brands (Australia) Pty Ltd reserves the right to:

(i) Mark part deliveries of the order and each part delivery shall constitute a separate contract, and

(ii) Accept the whole, part of or decline any order.

10. Any discounts, however calculated, shall be credited wholly against the price of the goods.

11. Any date for the delivery of goods stated in the contract documentation or correspondence shall be estimated only and Heritage Brands (Australia) Pty Ltd shall be under no liability loss or damage howsoever arising if the goods are not delivered by that date.

12. Gift with purchase items are not to be sold separately and are only to used to promote the merchandise sold by Heritage Brands (Australia) Pty Ltd.

13. These conditions of sale shall apply to the exclusion of other provisions contained or deemed to be incorporated into any order the by Purchaser placed with Heritage Brands (Australia) Pty Ltd in respect of the goods notwithstanding that any such order is placed on such terms as purported to override these Conditions of Sale.

14. These Conditions of Sale contain the whole contract between Heritage Brands (Australia) Pty Ltd and the Purchaser and no variation of these conditions of sale shall be binding on Heritage Brands (Australia) Pty Ltd unless assented to on its behalf in writing.

15. The contract for the supply of goods shall be governed by the laws of the State of Victoria and each party hereby irrevocably submits to the jurisdiction of the Courts of that State.                                   

16. Heritage Brands (Australia) Pty Ltd agrees to credit the Customer on designated replacement product codes up to equal quantities for new products purchased (e.g. purchase three new shades of lip pencil, return three units of replacement shade of lip pencil).  Heritage Brands (Australia) Pty Ltd agrees to process a credit for the invoiced price paid of these returned items, except where stock is not in resaleable/unmarked condition, when a 25% refurbishing charge will apply.

17. The purchaser(s) will indemnify the company for the costs, being legal costs and/or collection costs or commissions of recovering just debts owing by the purchaser(s) to the company.

18. The whole right, title and interest in goods supplied shall remain in and rest in the Seller until payment in full has been made in respect thereof.  In the event that any of the goods supplied by the Seller are resold by the Buyer before all sums owing by the Buyer to the Seller have been paid, the Company shall be entitled to the proceeds of such resale or the claim for such proceeds. 

19. The Seller shall treat as confidential all data and other information supplied by the client and shall use its best endevours to maintain all confidentiality of such data and information.

20. The Buyer shall not have any claims against the Seller for failure by the Seller to carry out its obligations as a result of force majeure including but not limited to any strike, lockout, shortage of labour or material, delay in transportation, stoppage or breakdowns of machinery, accident of any kind, any default or delay of any kind by any other supplier of the Seller or subcontractor, any riot, political or civil disturbance, act of God, any act of State or other authority directly or indirectly beyond the control of the Seller.

PRIVACY ACT 1988

 

PLEASE READ THE FOLLOWING CAREFULLY
 

 

1. HERITAGE BRANDS (AUSTRALIA) PTY LTD (A.C.N. 111 665 439) shall hereinafter be referred to as the CREDIT PROVIDER or SELLER.

 

2. The applicant/s hereby acknowledge that they have been informed by the CREDIT PROVIDER that personal

information about them may be disclosed to or acquired from a credit-reporting agency.

 

3. The Applicant/s hereby acknowledge that they have been informed that personal information about them may be disclosed by the CREDIT PROVIDER to a credit-reporting agency.

 

4. The Applicant/s hereby agree that the CREDIT PROVIDER may contact any trader references or other credit references at any time whether now or in the future for the purpose of assessing credit worthiness.

 

5. The Applicant/s hereby agree to the CREDIT PROVIDER receiving from any other credit provider any credit information whether by way of report record or otherwise relating to credit worthiness for the purpose of exchange of information, assessing credit worthiness and notification of default at any time whether now or in the future.

 

6. The Applicant/s hereby agree to the CREDIT PROVIDER obtaining from a credit-reporting agency a credit report on the applicant for the purposes of assessing this credit application and the applicant.  Further consents to the CREDIT PROVIDER obtaining such reports from time to time for the purpose of assessing credit worthiness during the continuance of credit provision.

 

7. The Applicant/s hereby agree to the CREDIT PROVIDER obtaining from a business which provides credit information a report or information relating to my/our commercial credit worthiness or commercial dealings and using such information for the purpose of assessing this application for credit.

 

8. The Applicant/s hereby agrees that in the event of default of payment of my debts that the CREDIT PROVIDER may disclose all information relating to my/our account to its collection agency for the purpose of receiving any or all amounts outstanding.