These terms and conditions shall apply to the exclusion of all others and any terms and conditions of the Applicant (whether on an Applicant order form or otherwise) which are contrary to or inconsistent with these terms and conditions shall not apply nor shall they constitute a counter offer. No goods or services will be supplied by Bunzl Outsourcing Services Limited ABN 99 007 286 133, Bunzl Outsourcing Services NZ Limited NZBN9429036043422, Bunzl Food Processor Supplies ABN 17 000 011 441, Bunzl Food Processor Supplies (NZ) Limited NZBN 9429038515804 (hereinafter referred as 'Bunzl') on any terms and conditions other than those set out herein and by taking delivery of goods or services the Applicant shall be deemed to agree these terms and conditions shall apply to the exclusion of all others. Additional terms set out in any Applicant order form which are not inconsistent with these terms and conditions shall be read with these terms and conditions and together shall form a single agreement.
Bunzl is not required to accept an order for goods or services from an Applicant and reserves the right at all times to suspend the supply of goods or services on credit without having to give reasons for its actions.
Bunzl reserves the right to alter or vary any prices of goods or services and the terms on which those goods or services are to be supplied at any time prior to acceptance without notice.
Goods and services will be invoiced at the prices prevailing at the time an order for goods or services is accepted by Bunzl.
Payment of accounts is due in full within 30 days of the date the goods or services were dispatched or provided and invoiced. Bunzl reserves the right to charge interest of 10% p.a. on all overdue amounts from the moment an amount becomes overdue. The Applicant will pay any costs incurred by Bunzl in recovering any monies due for payment (including, but not limited to, legal fees, bank charges and commissions).
Title in any goods sold by Bunzl shall not pass to the Applicant until the Applicant has paid Bunzl the full amount of the invoice for those goods, including any interest which may have accrued under Clause 5, and until then the Applicant holds the goods as bailee and fiduciary agent.
The Applicant must: (a) keep the goods in its possession and control; (b) keep the goods in good repair and condition, excluding fair wear and tear; (c) keep the goods stored separately and marked so that the goods are clearly and easily identifiable as Bunzl's property and inform Bunzl of the location of the goods if requested; and (d) not sell, assign or let the goods or any interest in them, or permit any charge, pledge, lien or other encumbrance to be created in relation to them, except for any sale as fiduciary agent of Bunzl (but without any right to create any liability of Bunzl to any third party) or where the goods become part of another product, in each case in the ordinary manner. If the Applicant sells any of the goods while they remain the property of Bunzl, or any of those goods become part of another product that is sold by the Applicant, then in either case, in discharge of the amount owing, the Applicant holds the proceeds of sale received on trust for Bunzl up to the amount it owes Bunzl in respect of those goods, and must immediately pay that amount to Bunzl. For this purpose, the Applicant hereby grants permission to Bunzl to enter upon any land or premises where the goods are, in order to take possession of and dispose of the goods as Bunzl sees fit. Bunzl will remain entitled to retake possession of the goods at any time before it receives payment in full.
The Applicant consents to Bunzl perfecting its interest in any goods supplied by Bunzl and their proceeds by registration under the Personal Property Securities Act 2009 (Cth) (the "PPSA"), and agrees to do anything reasonably requested by Bunzl to enable it to do so. For the purposes of the PPSA (i) the Applicant and Bunzl contract out of each provision which, under section 115(1) of the PPSA, they are permitted to contract out of, and (ii) the Applicant waives its right to receive each notice which, under section 157(3) of the PPSA, it is permitted to waive.
The Applicant waives its right to receive anything from Bunzl under section 275 of the PPSA, and agrees not to make any request of Bunzl under that section. Bunzl and the Applicant agree for the purposes of section 275(6) of the PPSA that neither of them will disclose information of the kind mentioned in section 275(1) of the PPSA.
Although title in the goods will not pass until payment is made by the Applicant, the risk of loss or damage to goods passes to the Applicant: (a) on all contracts other than F.I.S. contracts - once the goods have been delivered to/collected by the freight forwarder;(b) on F.I.S. contracts - on delivery of the goods to the place notified by the Applicant when placing the order.
The Applicant will be deemed to have accepted goods or services as being in accordance with an order unless it notifies Bunzl to the contrary within seven (7) days of receipt of goods or supply of services.
If any goods are defective, Bunzl's liability is limited to replacing or repairing the goods or paying for the cost of replacing or repairing the goods. The manner in which any such liability will be discharged will be calculated and determined by Bunzl.
Other than for defective goods where the Applicant notifies Bunzl of the defect within seven (7) days of receipt, goods may only be returned with the prior approval of Bunzl and a restocking fee equal to the greater of 10% of the value of the goods or $30 may be payable by the Applicant to Bunzl at the discretion of Bunzl. No goods may be returned without the relevant invoice number being quoted.
Orders received for goods which are "out of stock" will be placed on "back order" unless otherwise requested by the Applicant. Such goods will be consigned as soon as they become available, unless the Applicant notifies Bunzl before the goods are consigned that the goods are no longer required.
A minimum order fee will be applied to all orders less than $550.00 exclusive of GST in value. A delivery fee will apply to all invoices. Where goods are delivered outside capital cities and greater metropolitan areas, customers will pay the reasonable costs of freight.
These terms set out the entire terms on which Bunzl agrees to supply goods or services to the Applicant. Any other terms which may be implied by the operation of statute or common law are expressly negated to the fullest extent permitted by law.
Despite any other provision in these terms, if GST is imposed on any Supply made by Bunzl under or in accordance with these terms then the Applicant must also pay, at the same time and in the same manner as payment for the Supply is required to be made in accordance with these terms, the amount of any GST payable in respect of the Supply and the amount so payable for the Supply will be increased accordingly.
Each party agrees to do all things, including providing invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any credit, set-off, rebate or refund in relation to any amount of GST paid or payable in respect of any Supply under this agreement.
In this clause: (a) the expression "GST" means any tax in the nature of a tax on the supply of goods, real property, services and other things (or similar tax) levied, imposed or assessed by the Commonwealth of Australia which may operate at any time during the term of this agreement, (b) the expression "Supply" means any form of supply whatsoever, and includes any supply within the meaning of any Commonwealth, State or Territory legislation imposing or relating to the imposition of GST.
The name that will appear on your credit card statement is Bunzl Outsourcing Services Limited. If the transaction was in New Zealand dollars, the name that will appear on your credit card statement is Bunzl Outsourcing Services NZ Limited.
Where the Applicant trades outside these terms and conditions, Bunzl may among other things, refuse to supply goods or services to the Applicant, irrespective of whether an order has already been accepted or not, and Bunzl will not be liable for any loss or damage of any kind resulting directly or indirectly from such action.
The supplier is not liable, whether claims are made or not, for loss or profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the applicant.
These terms and conditions may be varied from time to time by Bunzl at its discretion, and by giving notice in writing to the Applicant.