1. PAYMENT

Payment for the Goods is due fourteen days from the date of the invoice issued by The Trustee for Upton Family Trust (The Trustee), TA Magical Beasts Pty Ltd (The Trustee) unless otherwise agreed.  A fifty percent deposit may be required for the production of customized goods to commence. Administration fees of $85 ph + GST apply for the pursuit of payment on overdue invoices and will be invoiced on the subsequent invoice. We reserve the right to place accounts with overdue invoices on stop supply. Prepayment via EFT for the supply of goods is preferred.

2. INTEREST

Interest may be charged on accounts that are overdue and will be calculated at the Commonwealth Bank overdraft index rate ruling at the time.

3. GOODS AND SERVICES TAX

Goods are sold subject to the payment of goods and services tax, where applicable, by the customer in accordance with Australian Tax Office legislation.

4. PRICING

Unless otherwise agreed in writing, the price charged shall be the price ruling at the time of placing the order. Verbal quotations are not valid. Written quotations are only valid for one calendar month unless otherwise stated. The Trustee will revise prices as its buying prices change and also reserves the right to revise prices for commercial purposes.

5. WARRANTY

5.1  Any capital equipment sold as agent or under license by The Trustee has a twelve (12) month warranty and six months (6) on batteries against defects subject to:

1. Defects must have arisen from faulty materials or workmanship
2. Defects must not have arisen due to accident, alteration, abuse, misuse, interference, or unfair wear and tear.
3. Accessories used with the Goods must be approved by The Trustee.

5.2  All other products sold are subject to the warranty of the manufacturer and is the only warranty given to the purchaser in respect of such products.

5.3  Returns of faulty capital equipment under warranty will be actioned by repair or replacement by/from the manufacturer/supplier.  Only under instruction from the manufacturer/supplier will the Goods be credited.

5.4  Non warranty repairs may be returned for inspection before being passed on to an appropriate repairer should this be found necessary.  No repairs will be carried out directly by The Trustee.  Repairs will be invoiced at cost with the addition of a fee (minimum fee $25) covering the inspection, handling, and freight of the item.  No guarantee of prompt return can be offered as the repair is not carried out by The Trustee, though we will try to minimise any delays.

6. RETURNS

6.1  If the customer is unhappy with the goods provided, has received the incorrect goods, or has a return for some other reason, then these goods may be accepted for return only when a Return Goods Authorisation (RGA) number has been requested and authorised by The Trustee Customer Service personnel.  When applying for an RGA, the original invoice number is required to be quoted.  All returned goods are to be properly packed, clearly labelled with the RGA number, and returned via The Trustee’s nominated means.

6.2  Returns will not be accepted for credit if:

1. The goods were purchased more than 24 hours prior to the request for return.
2. The goods returned are incomplete, or have been used.
3. The goods have been damaged by the customer, or are not in their original unopened packaging or are not sent back in a resaleable condition, (i.e. no stickers, labels or writing on the original packaging.
4. The goods were supplied with a minimum 6 months shelf life.
5. The goods were not stored and/or shipped as per their requirements.
6. The goods have been damaged whilst being returned to The Trustee.
7. The goods are deemed as under Clause 6.8 of these terms and conditions.
8. The goods were part of a Leasing arrangement.
9. The goods returned vary from the Return Goods Authorisation.
10. The goods are not returned to the nominated warehouse

6.3  If the customer claims all or any of the goods are damaged, or there are any shortages at the time of leaving the control of The Trustee, the customer shall telephone The Trustee and advise of such claim within 24 hours from the time of receipt.  In the case of short delivery, a Return Goods Authorisation (RGA) number will be issued to serve as an interim until the claim is verified and the RGA released.

6.4  Products not normally stocked, manufactured for, procured or imported for a customer to meet a specific order are deemed by The Trustee as “buy-ins”.  Unless the product has a manufacturing defect, or is noted as damaged at the time of delivery, “buy-ins” are not able to be returned for credit.  If The Trustee supplier agrees to the return of a “buy-in”, only then will an RGA be possible with a restocking fee (minimum fee $30), plus any other charges incurred by The Trustee in the picking up of the goods and the return of the goods to the supplier.

6.5  If the reason for the return was not the fault of The Trustee, then a restocking fee (minimum fee $30) may apply.

6.6  The Trustee guarantees all products are supplied with a minimum 6 full calendar month shelf life.  Any exceptions will be under instruction by the customer on an individual basis and a record documented.

6.7  If the goods returned for credit were originally subject to a handling component, and the reason for return was not due to The Trustee’s error, then The Trustee is not obliged to credit the handling component.

6.8  Unless the above procedures are followed, The Trustee shall not be obliged to consider any request for the issue of a credit.

7. TITLE

The property in Goods shall not pass from The Trustee until the customer’s indebtedness to The Trustee pursuant to any invoices from The Trustee to the customer is paid in full. Until such payment in full is made the customer shall keep the Goods for and on behalf of The Trustee in its capacity as a fiduciary and subject to these terms.

The Trustee authorises the customer to sell or use the Goods as its fiduciary agent for the account of The Trustee only. The proceeds of sale are the property of The Trustee and the customer shall hold such proceeds for and on behalf of The Trustee in a fiduciary capacity. The customer shall pay such proceeds of sale into a separate account for and on behalf of The Trustee and shall keep separate records as to the Goods sold and as to the amounts received.

The customer shall ensure that the Goods are stored in such a way that they do not become spoilt or damaged, are clearly identifiable as the property of The Trustee and are not intermingled with the property of the customer or of any other person. The customer shall not in any way alter or treat the Goods so as to change the quality or nature in any way so that they cannot be distinguished until such time as full payment has been made as aforesaid. The customer shall notify The Trustee in writing of any intended sale of the customer’s business, which includes or purports to include the Goods as part of the customer’s property. While The Trustee retains full legal and title in the Goods the customer shall not bail, pledge, mortgage, charge, grant a lien over, lease or assign the Goods or by any other way of security. The only sales permitted are those pursuant to the provisions hereof. Should the Goods not be paid for in full in accordance with the provisions of Clause 1 of these terms and conditions, The Trustee, its agents, employees and subcontractors may enter the premises of the customer and remove the Goods.

8. DELIVERY AND RISK

The risk in the Goods shall pass to the customer immediately upon delivery. Where the Goods are delivered to the customer by any person or company acting on behalf of the customer, The Trustee shall not be liable for any loss of or damage to the Goods for whatever reason, once the Goods are received by the person or company acting on behalf of the customer.

9. HANDLING

9.1  Spare parts and supplies: All orders will attract a handling charge and will be invoiced with goods. The Handling Free Threshold and handling charge may be varied from time to time by The Trustee without notice, The Trustee staff can advise you the of threshold and charge rates on request. Customer requests for urgent orders will be invoiced including any additional freight or handling cost unless there are special circumstances.

9.2  Bulk items, Equipment and Parts: The customer shall be charged and pay the cost of any freight and or handling costs associated with the delivery.

10. LIABILITY

Excluding claims in relation to personal injury or death the liability of The Trustee for a breach of a condition or warranty implied herein, pursuant to Part V Division 2 of the Trade Practices Act, other than by section 69 thereof or pursuant to any other applicable legislation shall be limited to any one of the following to be selected by The Trustee in its discretion:

a. The replacement of the Goods or the supply of equivalent Goods; or

b. The payment of the cost of replacing the Goods or of acquiring equivalent Goods. The customer acknowledges the fairness and reasonableness of this term and that THE TRUSTEE relies on it.

11. NON EXCLUSION

Nothing contained in these terms and conditions shall exclude or modify the application of any condition, warranty or liability which is imposed by the provisions of any relevant legislation to the extent to which any such conditions, warranties or liabilities cannot lawfully be excluded.

12. CHANGE OF OWNERSHIP / PARTICULARS

The Customer will no later than 14 days prior to any proposed change of ownership, change in its particulars, and any alteration or addition to shareholders or directors, notify The Trustee of the proposed change.

13. PROPER LAW

The proper law relating to the supply of the Goods is the law of the State of Queensland and THE TRUSTEE and the customer agrees to submit to the jurisdiction of the Courts of that State.

14. VARIATIONS

Unless The Trustee agrees in writing, no variation or addition to these terms shall have any effect whatsoever.