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Terms & Conditions
The following applies to and forms part of any contract for the supply of goods or services by Meatpak Australia Pty Ltd trading as HOLCO (hereinafter referred to as "the Company") to the party completing the application annexed to these conditions. These terms are effective from the date of acceptance by the Customer and may be amended or superseded from time to time by notice given by the Company by any means.
Definitions
7 Day Account - means all purchases are due and payable no more than 7 days from the date on which a statement is issued.
Payment
Payment for goods or services supplied shall be made in accordance with the agreed payment terms ( see "Definitions).
Interest on overdue accounts may be charged at a rate not greater than the prevailing bank overdraft rate and further, the Customer expressly undertakes to pay all such interest.
The applicant agrees to advice of any change in ownership immediately and agrees to be liable for any credit extended until such notification.
Should it be considered necessary by the Company to incur legal and/or other expenses, including any such expenses to any debt collection agency, in obtaining or attemping to obtain payment of any amount due by the Customer, the Customer shall be liable for, and, expressly undertakes to pay, such expenses. Amounts received by the Company may be applied first against interest, charges and expenses.
Risk
Unless otherwise agreed in writing, the risk in the goods purchasesd shall pass to the Customer upon delivery to the Customer or its agent or a carrier commissioned by the Customer. The Company shall not be liable for any loss or damage (including consequential loss or damage) arising from delay or failure to deliver due to circumstances beyond its control.
Retention of Title and Right of Access
Property in the goods shall remain vested in the Company and shall not pass to the Customer until all monies owing by the Customer to the Company together with all collection, repossession and/or legal costs incurred, have been paid in full. In the event that the Customer defaults in the payment of any monies owing hereunder, the Company and its employees or agents shall have the right to enter without notice upon the Customer's premises or any other premises where the goods are known to be stored to repossess the goods and for this purpose the Customer shall grant reasonable access rights and the Company and its employees or agents shall be entitled to do all things required to secure repossession.
Warranty
The Company warrants that the goods supplied shall be of merchantable quality. The Company does not warrant that the goods are fit for a particular purpose and, except as otherwise stated herein, warranties relating to title, defects or conformity of the goods are expressly excluded. The liability of the Company to the Customer is limited to the replacement of the goods or refund of the paid price.
Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of South Australia and, where applicable, the Commonwealth of Australia, and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia.