Fabre Australia Trading Terms
1) All accounts and/or invoices MUST be paid within the times stipulated as per the agreed Credit Terms as approved by Fabre.
Failure to adhere to these Credit Terms may result in trading between Fabre and the customer in question being temporarily suspended.
In reference to Trading Accounts - Repeated occurrences of failure to pay within the agreed Credit Terms will result in the trading account being closed permanently and interest being charged on the outstanding amount at the rate stipulated by the Supreme Court of New South Wales. Accordingly the trading account will be charged for and responsible for all associated legal, banking and administrative costs.
2) In the situation where a cheque used to pay for goods and/or services as per the agreed Credit Terms is dishonoured, Fabre will charge the associated bank and administration fees to the trading account/ customer for which the applicant is liable to pay.
3) Credit card payments are acceptable on COD, 7-day and 30-day trading accounts if payment is made within the agreed Credit Terms.
If payment is made by credit card outside the agreed terms a 5.0% service and administration fee will be charged accordingly.
Not all credit cards are accepted by Fabre and it is the applicant’s responsibility to check which cards are accepted.
4) If Fabre has agreed to grant to the Applicant a commercial credit account or other financial accommodation (COD) then all sales/purchase transactions are to be paid for and settled subject to the terms of that commercial credit account or other financial accommodation as the case may be.
5) If a Guarantor is declared bankrupt without his or her prior replacement of an acceptable alternate Guarantor approved by Fabre in writing, or if the Applicant is unable to pay monies outstanding when due, or resolves to appoint or have an administrator, liquidator, receiver or official manager appointed, then all monies outstanding whether due or not become immediately payable. In addition to such rights Fabre shall be entitled to retake possession of stock to recover the debt in whole or part.
6) The Applicant acknowledges and accepts the terms and conditions of the Fabre Australia Warranty Policy. (Available upon request)
7) The Applicant acknowledges and accepts the terms and conditions of the Fabre Australia Return for Credit (RFC) Policy.
(Available upon request)
8) Fabre reserves the right to withdraw the Applicant’s credit, withhold supply of stock or change the applicable discount structure (if any), or to suspend the Applicant’s trading account at any time without prior notice, in the event Fabre believes the Applicant’s trading situation has changed adversely.
9) The Applicant will accept a written statement “certificate” signed by the Chief Financial Officer or other authorised representative of Fabre as to the amount of monies owed to Fabre by the Applicant as conclusive evidence that the Applicant owes what is certified.
10) These Trading Terms do not exclude, restrict or otherwise modify the application of any Commonwealth or State or Territorial law which by law cannot be excluded, restricted or modified.
11) It is the Applicant’s responsibility to check promptly and attentively that the goods supplied by Fabre is as ordered. Fabre will endeavour to supply the compatible goods for the stated application, however it is the fitter of the goods’ responsibility to check and ensure suitability of the goods as supplied.
12) Fabre must be notified in writing within 24 hours of delivery of the order of any claim for loss or damage in relation to the invoiced goods. Failure to notify Fabre in writing within this period voids all claims made in respect of the relevant delivery.
13) Title of goods ordered by the Applicant does not pass to the Applicant until Fabre has received cleared funds as payment for the goods delivered (including GST). It is an essential term of trade with Fabre that even though title of the stock does not pass to the Applicant until cleared funds as full payment (including GST) is received, the risk of the goods passes with possession of the goods to the Applicant once the goods leave Fabre’s premises.
14) Fabre’s potential liability to the Applicant for loss or damage occasioned as a result of the breach of these Trading terms shall be limited at Fabre’s discretion to one of the following:
i) making a refund or crediting the commercial credit account or other financial accommodation of the Applicant with Fabre by an amount equal to the value of the charge related to the goods in respect of which Fabre has allegedly breached these Trading Terms or,
ii) replacing or supplying goods again or,
iii) repairing or having goods repaired.
15) Any purchase of goods from Fabre by a customer (whether on account, by cash sales or otherwise) is deemed as acceptance of Fabre’s Trading Terms including the Return for Credit and Warranty Policy.