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WHOLESALE TERMS AND CONDITIONS

This is a Wholesale web portal only, for retail sales please contact your nearest product reseller.

  1. Wholesale Purchasing Conditions
    1. When purchasing goods for re-sale from Fibrecycle the following terms and conditions apply:
      1. Minimum wholesale purchase is 1 pallet.
      2. All items on this website are subject to GST all prices shown are exclusive of GST.
      3. Goods remain the legal property of Fibrecycle until paid in full by the Buyer.
      4. Prices are subject to change without notice.
  2. The Buyer and Seller reference:
    1. Fibrecycle Pty Ltd ABN 28051318613 will be for reference in these T&C will be known as the Seller.
    2. The person or organisation that purchases products from this web portal will be for reference in these T&C will be known as the Buyer.
  3. Acceptance of T&C
    1. These Terms and Conditions apply to the supply of all products by the seller to the buyer from the date:
      1. the buyer accepts these T&C when:
        1. the buyer submits an Order;
        2. the Buyer accepts delivery of, or any part of, the product pursuant to an Order; or
        3. the buyer make Payment, or partial Payment, for any product supplied by the seller
  4. Trading with the Seller
    1. This agreement sets out the respective rights and obligations of the Buyer and the Seller on approval of a trading account by the Seller.
    2. orders can be placed on a 30 days account where approved. Accounts are not always offered to customers.
    3. The Buyer understands that all or part of or in part of these T&C may be deleted, altered and/or inclusions made without the Buyer's prior consent and/or notification. Where practicable the Seller will notify the Buyer, in writing prior to inception, but the Seller is not bound by these T&C to do so. A new Account Application is required for any change to the Buyer's business ownership. The seller may reject or refuse to accept an Account Application form without notifying cause or reason.
  5. Pricing and Tax
    1. All pricing is subject to change without notice
    2. All pricing charged and payable for the product shall be the price in Local Currency at the date the order is accepted,
  6. Order Acceptance and/or Refusal
    1. We may accept or decline, in whole or in part, an order from the buyer. Products are sold in minimum order quantities of 1 pallet.
  7. Force Majeure
    1. If a Force Majeure Event occurs, the Seller may:
      1. totally or partially suspend any Order, any part of an Order or any deliveries relating to an Order during any period in which the Seller may be prevented or hindered from delivering by normal means of supply or delivery due to that Force Majeure Event; and
      2. elect to extend at the Seller's discretion the period for performance of an obligation under these T&C as is reasonable in all the circumstances.
  8. Order Cut-Off Times and Dispatch Schedule.
    1. The Seller will aim to have all products delivered within 5 business days from the date of order, however situations beyond the Seller's control may extend the delivery time. No liability for loss or refund will be accepted by the Seller.
  9. Account when payable
    1. All accounts are payable strictly 30 days net from statement date (30 days). Receipt by the Seller of the full amount due shall be evidence of the passing of property in the goods to which the payment relates or is determined to relate by the buyer if the buyer does not indicate otherwise.
  10. Account on HOLD
    1. The Seller may refuse to send an order where the Buyer's account falls outside the Buyer's Account terms. The order may be cancelled or placed on hold until overdue monies have been paid for. The Seller may also, at any time request that the account be paid prior to any new order being sent.
  11. Closure of an Account
    1. The Seller reserves the right to close the Buyers account without notice or reason
  12. Payment & Credit Terms
    1. Any amount shown on invoice or as per statement is payable by the Buyer without deduction, setoff or cross claim. Full total payable on any invoice is payable within 30 days from statement date (30 days). Offer of Credit terms may be suspended if payment is beyond this date
  13. Buyer Liability for Product
    1. The Buyer will be liable for the safety and care of the product until the transfer of ownership to the Buyer
    2. The Buyer will insure the product, any insurance claim will be paid to the Seller until the transfer of ownership to the Buyer
  14. Delivery and Risk
    1. The Seller's nominated carrier will deliver the products to the place nominated by the Buyer or as otherwise agreed.
    2. The Seller may charge the Buyer the cost of delivering the product.
    3. The Seller reserves the right to make deliveries in part or in full dependant stock availability.
    4. The Seller will use reasonable efforts to deliver the products to the Buyer by the date and to the place specified. Without limiting clause 27 (Exclusions and Limitations), the Seller will not be liable for late delivery or delay in delivery.
    5. The risk in the product will pass to the Buyer upon placement of the products onto the Seller's nominated form of transport for delivery to the buyer.
    6. The Buyer must check all products on recept, any claim for damage will not be accepted after 48 hours
  15. Ownership of Goods
    1. All products will remain the property of the Seller until such time they have been paid for in full by the Buyer. The products must be returned to the Seller at the Buyers cost if so demanded by the Seller.
  16. Defects and Return of Goods
    1. The Buyer must let the Seller know of any problems with the product (e.g. relating to quality or quantity) as soon as the Buyer becomes aware of the problems.
    2. After taking physical possession of the product, the Buyer will within a reasonable time (which must be not more than 48 hours check all other products for damaged or defective product or shortfalls or any similar claims that are visible on delivery and general compliance with the requirements of these T&C and advise the Seller of such claims.
    3. Return all defective product to the Seller
    4. The Seller will refund or issue a credit for all defective product only
  17. Statements
    1. The Seller will forward a Statement of Account once a month only where there is a transaction or payment activity or where there is a balance outstanding on the Buyers account.
  18. Payment Methods
  19. electronic funds transfer to:
    HSBC BANK AUSTRALIA LIMITED
    BSB: 344 031
    Account Number: 337777299
  20. Applying Payments
    1. Any payment paid to the Seller by the Buyer will be applied to the oldest outstanding invoice first
  21. Default Account
    1. Should the Buyer default on the account with the Seller the Seller reserves the right to:
      1. re-take possession of the products that are not paid for
      2. add all costs associated with the recovery of the product
      3. list the Buyer with a Credit Reporting Agency
  22. Debt Recovery, Expenses and Disbursements
    1. The Seller reserves the right to take all necessary actions to recover any outstanding debt as allowed by law. Such actions will be at the Buyer's expense.
  23. Default Interest
    1. The Seller reserves the right to charge interest on all overdue accounts at the current business lending rate from HSBC Australia.
  24. Breach
    1. Any breach, of these T&C may result in suspension of or forfeit of credit facilities without notice and/or the closure of the Buyer's account. The Buyer may be required to trade on a "pre-payment" basis until credit facilities are re-instated to the Buyer
  25. Right to Vary Term of Trade
    1. The Seller reserves the right to vary these T&C without notice to the Buyer
  26. Statutory Rights and Severability
    1. These T&C are not designed to contravene any state or federal legislation or regulation and if seen in contest with any state or federal legislation or regulation will be reviewed and revised as soon as reasonably practicable
    2. If any part of these T&C are found to be invalid or of no force or effect under any applicable laws, that part will be regarded as removed, and the remainder of these T&C will have full force and effect
  27. Exclusion and Limitations
    1. All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these T&C, that are not contained in it, are excluded to the fullest extent permitted by law; and subject to clause 27
    2. Any liability arising in relation to purchasing products arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
    3. No warranty is given and we will not be liable for:
      1. alterations to Goods for which we are not responsible;
      2. damage or failure caused by unusual or non-recommended use or application of the Goods; or
      3. loss caused by any factors beyond our control;
      4. using the product for which it was not designed; and
    4. The Seller will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered the Buyer or any other person resulting from any act or omission by the Seller including breach, termination or non-observance of these T&C.
    5. The seller's total liability for breach of these T&C or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
      1. the replacement of the product or the supply of equivalent product;
      2. the payment of the cost of replacing the product.
  28. Express Warranty / Liability
    1. No warranty is expressed or otherwise implied by the Seller
  29. Intellectual Property
    1. The seller retains all Intellectual Property Rights includes all rights (present and future) including but not limited to:
      1. any applications for such rights in respect of copyright, trademarks, patents, designs,
      2. protection of confidential information, inventions, know how, product or business concepts,
      3. the right to object to the "passing off" of product or services or misleading or deceptive conduct in relation to products or services, and
      4. any other identifiable result of intellectual endeavour, whether arising under statute, contract or otherwise
  30. Dispute Resolution
    1. If a dispute arises out of, under or in connection with an Order or these T&C, both parties will use reasonable endeavours to:
      1. bring that issue to the other's attention as soon as possible, and no later than 6 months from when the issue first arises; and
      2. resolve the dispute through discussion in good faith, and to promptly elevate it through senior levels of management as appropriate given the nature of the dispute.
    2. Neither party will resort to litigation unless the processes in this clause have been followed and,
      1. after reasonable negotiation and discussion,
      2. either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or
      3. that its resolution would be faster if litigation was pursued.
  31. Virus
    1. The Seller has taken precautions to minimise the risk of transmitting software viruses from this website, web portal or email, but advise the Buyer to carry out their own virus checks on any web access, attachments or email messages. The Seller cannot accept liability for any loss or damage caused by software viruses however so caused.
  32. Website Security
    1. The Seller has taken all precautions to make this website and web portal secure using the latest available security technology, however the Seller advises the Buyer to ensure their own security when using the web portal or website. The Seller cannot accept liability for any loss or damage caused by the use of the website or web portal however so caused.
  33. General
    1. The Buyer will indemnify and keep the Seller indemnified in respect of all damages, losses, costs and expenses (including legal costs) that the Seller may incur as a result of the Buyer's breach or alleged breach of these T&C.
    2. The Seller reserves the right to terminate these T&C if a Default Event occurs:
      1. The Seller may, without limiting any other right the Seller has under these T&C, terminate any outstanding Order and any contract for the supply of product to the Buyer; and
      2. all Payments and any other money under these T&C becomes immediately payable.
    3. The Buyer will ensure that the products are used only for lawful purposes and in accordance with any applicable laws.
    4. No failure, delay, relation or indulgence on the Seller's part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
    5. Any order shall be governed by and interpreted under the laws of the country where the Buyer is domiciled as a legal entity and the parties hereby consent and submit to the jurisdiction of the country where the Buyer is domiciled as a legal entity for the purposes of any dispute from or out of this order.