Wholesale Terms & Conditions

 

TERMS & CONDITIONS OF WHOLESALE TRADE

Definitions:
In these terms, "customer" means a person, or business entity seeking to acquire goods or credit from the supplier. "Goods" means all goods and services supplied by the supplier to the customer. "supplier" means Mr Kitly Pty Ltd. Unless otherwise agreed in writing by both parties, these conditions apply to every contract for the sale of goods by the supplier to the customer.

Application:
Unless otherwise agreed in writing by both parties, these conditions apply to each and every contract for the sale of goods by the supplier to the customer.

Customer Registration:
Wholesale ordering is available only to customers approved and registered as wholesale customers by the supplier. Approval of customers is at the sole discretion of the supplier (Mr Kitly Pty Ltd) and the supplier reserves the right to withold approval, or revoke a customer's registration at any time for any reason.

Prices:
All prices shown in the supplier’s price lists are subject to change without notice. However, prior notice of impending price changes will be provided wherever possible. Prices advertised on our online store include gst tax, but exclude freight, insurance, surcharges and any other charges arising from the sale and delivery of the goods to the customer. All shipping and handling costs in relation to the delivery of the goods to the customer are to be borne by the customer. Any applicable taxes and/or delivery charges will be quoted and passed on to the customer.

Quotations:
Any quotation provided for the supply of goods is valid for 30 days unless otherwise stated in the quotation and is an invitation only to the customer to place an order based upon that quotation. Any time period or date for the delivery of goods stated by the supplier is intended as an estimate only.

Minimum Orders & Conditions of Wholesale:
A minimum order value (excluding taxes, shipping and any other charges) applies to wholesale purchases. Where the goods are wholesaled in box lots any wholesale purchase must be in multiples corresponding to the number of units in each box (boxes will not be broken). Goods are supplied to the customer at wholesale/trade prices for the purpose of resale on the condition that the goods are resold at the recommended retail price. The supplier may, at its own discretion, withhold supply to any customer for whatever reason, which may include the consistent resale of the goods at discounted prices.

Orders:
An order for the supply of goods placed in writing by the customer is understood as a commitment to pay in full for those goods specified in the order, which the supplier can supply. Unless otherwise agreed, the customer will be liable to pay in full for an order which has been confirmed and accepted in writing by the supplier, whether or not the customer subsequently purports to cancel, change or suspend the order wholly or partially. 

Payment:
Payment is due with order, prior to delivery or collection of goods. Goods will not be held in reserve for the customer without full payment for those goods. Payment is accepted by cash, cheque, credit card, Paypal, or bank debit. A surcharge may apply to payments by credit/debit card, or by Paypal as advised and applied on invoicing.  If credit terms have been offered to the customer, payment for all goods supplied must be paid within the time frame specified on the invoice pertaining to the goods delivered. The supplier reserves the right to withdraw credit facilities from any customer at any time. Late fees and compound interest at 2% per month will be charged if payment is not received within trading terms.

Retention of Title:
The risk for the goods passes to the customer on delivery, and the customer will indemnify the company for any damages, costs or losses of goods arising after delivery of the goods to the customer. Title to and property in the goods shall not pass to the customer until payment of all monies due and owing to the supplier are received as cleared funds. In the event payment is not received by the supplier for any order, or combination of orders for goods in accordance with its terms and conditions, the customer will, on demand by the supplier, immediately return those goods to the company. The customer hereby authorises the supplier, its servants and agents, to enter premises owned, leased or otherwise occupied by the customer for the purpose of taking possession of the goods in accordance with these conditions.

Deliveries:
The supplier may make partial deliveries of any order received. Any delivery dates quoted are estimates only and the supplier is not bound by any such estimate and the customer will not make claim, or delay payment, for non-delivery within the time estimated. The supplier is not liable for any costs, losses or damages arising, whether directly or indirectly, from non-delivery or late delivery of any goods ordered.

Warranty:
All goods supplied shall be free from defects in materials and workmanship. The details of any purported defect received by the customer should be communicated immediately in writing to the supplier who will provide advice on any possible remedy. The supplier will issue credit or exchange for goods it judges to be defective. This warranty does not apply if

  • the goods are not defective
  • the goods were used for a purpose other than for which they were intended
  • the goods were repaired, modified , or altered by any person other than the supplier
  • the defect has arisen due to misuse, neglect or accident
  • the goods have not been stored or maintained as recommended by the supplier

Other than as set out in these terms, the supplier is not responsible for any costs, losses or damages arising, whether directly or indirectly, as a result of any defect or fault in the goods. Return of goods will not be accepted unless prior approval in writing has been given by the supplier.