1. (a) Wherever stated, ‘KBP’ means DB BRANDS PTY LTD, and ‘Customer’ means the person or persons or company making an application for a credit account with KBP and includes their legal representatives, administrators, successors and/or permitted assignees.
(b) This agreement is governed by the laws of the state of Queensland and the applicable laws of the Commonwealth of Australia. The customer submits to the non-exclusive jurisdiction of the courts of any state or territory of Australia as elected by KBP in its absolute discretion.
2. In applying for a credit account with KBP, the customer expressly agrees that the terms and conditions set out here will be operative and take precedence over anything stated on the Customer’s confirmation order or in any subsequent document. Until such time as a credit account is approved by KBP the Customer shall be required to pay cash before delivery. Terms of credit accounts may vary and are at the discretion of KBP.
3. If the Customer is a trustee of any trust.
(a) It is bound by these terms and conditions and charges its freehold property which it holds as trustee for the trust; and
(b) It warrants that it has authority and power to trade with KBP and to charge its land in accordance with these terms and conditions under the trust instrument and by operation of law.
4. The Customer hereby agrees to charge its/his/her/their interest and estate in all land presently held or hereafter acquired by it/him/her/their so as to better secure the performance of the customer of these terms and conditions and the applicant hereby consents to the lodging of a caveat by KBP on all certificates of title to any of the land so held by the customer.
5. The Customer agrees to notify KBP in writing within 14 days prior to any proposed change in the legal entity structure, management or controlof the Customer’s business, if the customer fails to notify KBP of such a change the customer agrees that the customer remains solely responsible for the stock being produced from existing orders.
6. Any request for the cancellation of any order must be in writing. Any such request shall be of no force or effect and shall not be binding on KBP unless and until cancellation is accepted by KBP in writing. Cancellation of any order shall be at the sole discretion of KBP.
7. Should KBP be liable in damages to the customer or for a breach of a condition or warranty implied by the Trade Practices Act or equivalent State/Territory Legislation then the liability of KBP shall, at its option, be limited to any one or more of the following:
(i) replacement of the goods or the supply of equivalent goods:
(ii) the repair of the goods:
(iii) cost or replacement or repair of the goods.
8. Limitations of Trade agreement and acknowledgement:
(a) The customer agrees that all goods delivered by KBP shall only be sold via authorized retail outlets unless by prior written consent from KBP.
(b) The customer may not place any goods, labels, accessories, etc supplied by KBP within any online store unless by prior written consent
(c) The customer has no authority or right to resell any KBP goods to other retailers, wholesalers, distributors, etc within Australia, it’s states and
territories or internationally
9. Freight is included on invoices and is payable by the customer.
10. Discount will be allowed as follows: 3.25% for payment received within 14 days of Invoice Date.
11. The Due Date for payment of all invoices is 30 days from the date of the invoice for established credit accounts. The Customer shall not be entitled on any grounds whatsoever to withhold payment either wholly or in part when it becomes due. Default in payment will entitle KBP to review further trading with the customer.
12. In the event that payment of goods is not made by the Customer in accordance with clause 11 hereof or as otherwise agreed in writing, the amount outstanding to KBP for the goods supplied shall attract interest at the rate of 2% per month (accrued daily) for any amounts more than 60 days overdue.
13. Until KBP has been paid in full for all goods supplied by it to the customer under any contract whatsoever between KBP and the Customer, the property in all goods shall remain in KBP as legal and equitable owner notwithstanding delivery. In the event of breach of clause 11 hereof KBP shall be entitled to enter upon any premises of the customer for the purpose of removing all goods of KBP without liability for trespass, negligence, payment of any compensation to the customer or any other persons. The customer acknowledges that it is in possession of all goods solely as a fiduciary bailee for KBP until payment for all goods has been made by the customer.
14. In the event of default of payment by the customer in accordance with clause 11 hereof the customer shall indemnify KBP against all costs and expenses howsoever arising from such default and further all debt recovery costs including legal costs on a solicitor/own client basis, and any mercantile agent costs including commission rates either incurred by KBP or for which KBP has a liability shall be deemed to be part of the indebtedness of the customer to KBP. A certificate signed by a director or a secretary for the time being of KBP as to any sum payable to KBP pursuant to clause 11(a) hereof and this clause shall be conclusive evidence and proof of the indebtedness of the customer to KBP at the date of such certificate.
15. Subject to the rights of the customer under the Trade Practices Act or equivalent State/Territory Legislation:
(a) All claims for short or damaged delivery or faulty garments must be made within 7 days of receipt of goods and returns will not be accepted
without prior agreement.
(b) The signature of the customer or any of its staff on the consignment note or delivery docket indicates the customer’s receipt both of the number of bags and also of the number of products within the bags as shown on the face of the consignment note or delivery docket. Any shortages or damage must be declared on the delivery documentation.
(c) KBP shall not be liable whatsoever for any direct, indirect or consequential loss or damage suffered by the customer or any third party
howsoever caused by non delivery or delay in delivery of goods by the date or dates as may be specified by KBP or the Customer.
(d) Credit notes are not transferable for cash money without the prior written consent of the Company Director/s &/or Officer/s of the Company or as
required by the respective legislative bodies of the state of Queensland or the Commonwealth of Australia.
The Customer hereby agrees to all terms stated in the Conditions of Sale on all KBP purchase &/or sales orders.
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