MERETON TEXTILE TERMS OF TRADE ABN 36109735999
Supersedes all previously issued terms
1. ACCEPTANCE AND VARIATION TO TERMS OF TRADE
a. Upon placement of your first order after receiving our acceptance of your account application, you become bound by these Terms of Trade and our acceptance.
b. We can vary any aspect of these Terms of Trade by notice to you.
2. ORDERS FOR GOODS
a. Orders may be submitted to us by fax, mail, or email.
b. Orders will be fulfilled as quickly as possible however we do not guarantee delivery dates or supply, and we will advise you as soon as practicable if we are unable to supply the goods. We will not accept liability for any loss incurred by you as a result of any delay or failure to supply.
c. We may decline to supply goods without notice where you are in breach of these Terms of Trade.
d. Payment must be made with the order unless you have a credit account with us.
e. Multiple orders to you will be merged unless specifically requested otherwise
2.1 Minimum Orders
Indent lines have particular minimum order quantities and customers should check each product for specific details. Indent orders require written confirmation and cannot be cancelled once ordered.
2.2 Minimum Order Value
Where the invoiced value of products ordered (excluding GST) is less than $150, the Customer shall in conjunction with the price pay a $20 surcharge. The surcharge amount may be reviewed / altered at a future date without notice.
2.3 Minimum Order Quantity
a. Non printed products the minimum cut length Mereton can supply is 0.5m. All orders will be supplied to the nearest 0.1m i.e. an order for 0.75m will be cut and invoiced as 0.8m.
b.Printed products the minimum order is 5m or the nearest pattern repeat/drop all other lengths will be printed to the nearest pattern repeat/drop.IE where youve ordered 6.5m and where the nearest pattern repeat is 6.8m Mereton will supply you 6.8m.
2.4 Colour Matching
Due to the nature of the product supplied, it is not always possible to obtain an exact colour match with sample presentations. Although every effort is made to ensure colours correspond to those illustrated in the sample presentations, these are an indication of colour only and variations occur between batches and/or deliveries. Should a close colour match be required it is recommended that a cutting from stock be requested for the Customer's approval. In the case of repeat orders, the Customer must submit with each new order a cutting from a previous order and quote the batch number which will assist in colour matching. Even then colour variations may still occur.
3. DELIVERY AND ACCEPTANCE OF GOODS
a. You will be asked to sign a Proof of Delivery docket when our goods are delivered to you.
b. Damages to goods must be noted on the Proof of Delivery docket or notified in writing to us within 7 days of
delivery and returned within 14 days
c. If you subsequently find you have received faulty goods you should contact us regarding our return requirements.
4. PRICES
a. The price we charge you will be our list price current at the date we despatch the goods to you.
b. We may change our prices without notice.
c. Our prices exclude Goods and Services Tax.
d. Orders below $150.00 net invoice value will incur a surcharge (currently $20.00).
5. CREDIT POLICY
We may provide a credit account to customers depending on initial orders, trading and turnover history, and other
criteria that we may consider appropriate from time to time.
5.1 Credit account (Applying for Commercial Credit Facilities Prior Application Requirements)
Mereton requests that a Customer trade on a cash sale basis for 3 cash sale trades totalling $5,000 within the current 6-month period to establish a trading history before an account application can be issued. Customers will be advised in writing the outcome of the account application as soon as possible.
a. You must complete the Mereton Textile form (Below) of which these Terms of Trade form part.
b. If we decide to provide you a credit account we will advise you in writing with the details of our acceptance.
c. We may vary those acceptance terms at any time in light of your payment performance and any other criteria.
d. If you breach any of these Terms of Trade we may suspend or otherwise vary supplies or credit to you without
notice
e. You agree to notify us immediately if details in your application change including particularly anything that affects your ability to pay us when due.
f. Any change of ownership must be notified to us within 7 days whereupon we may vary, suspend or terminate
credit facilities.
g. Credit balances arising as a result of returns are not repayable in cash, but can be applied against other credit
purchases. They must be applied against credit purchases in the same month and not against aged amounts
owing and or overdue.
5.2 Payment terms for credit account customers
a. You must pay in full for all goods invoiced within the terms advised in our letter of acceptance.
b. You can pay by direct deposit to our bank account, by cheque or credit card via Paypal. Credit card payments will incur a 2% service fee. Payments should be accompanied by an advice of the invoices being paid.
c. You cannot deduct from your payment the value of goods returned until a credit note has been issued by us.
d. You must notify us in writing within 7 days of receiving our invoice if you dispute any aspect of the invoice
otherwise you shall be deemed to have accepted it as correct and payable.
5.3 Overdue balances
a. If your account is not paid by the due date we may suspend or cancel the supply of goods to you without notice
b. If we incur costs in enforcing or recovering debts owing by you then these costs shall be payable by you.
c. We may charge interest on overdue balances owing by you.
5.4 Retention of title and risk
a. Risk in the goods shall pass to you upon delivery and you shall insure the goods against loss and damage until
you have paid us for them.
b. Title in goods supplied to you does not pass until you have paid us for these goods and all other goods sold by
us to you.
c. Whilst any goods remain unpaid we may enter your premises and retake possession of those goods.
d. The sales or insurance proceeds received by you from the sale of our goods shall be applied to pay us any
outstanding amounts due in respect of those goods.
6. RETURNS
Mereton Textiles Pty Ltd will only accept the return of any goods by prior arrangements and under the following conditions:
•Notification of faulty fabric has been advised to Mereton within 7 days from receipt of delivery.
•The fabric has not been supplied in accordance with your written order.
•The fabric has not been cut.
•No claim for any refund, credit or non-payment of any invoice will be considered if the fabric has been cut.
•Claims for faulty goods must be inspected by our appointed Agent before approval is given to return the goods for credit.
• Credits will only be issued after receipt of faulty goods at the Sydney Office.
•No fabric length less than five (5) metres will be accepted for return.
•All returns shall be made by the official carrier at the time (Phone office for details).
7. LIMITATIONS ON LIABILITY
In respect of any claims whatsoever, Mereton Textiles Pty Ltd shall not be liable for any claim greater than the invoiced value of the fabric supplied.
8. SALE OF BUSINESS
a. You undertake to give us written notice within 7 days of the sale of part or all of your business.
b. If you sell your business we will not accept returns or refund credit balances to you.
c. If you sell any goods that were purchased from us to a buyer of your business, those goods shall be bound by
these Terms of Trade. In addition all backlist titles shall be deemed to be firm sale and shall not be returnable for
credit to the buyer.
9. LAW
These Terms of Trade shall be interpreted under the laws of NSW, Australia.
10. DEFINITIONS
We and us, and Mereton refers to Mereton Textile Pty Ltd (ABN 36109735999)
You and Customer refers to Meretons customer
Goods means any product supplied by us
11. CONTACT US (Any changes to these details will be updated on our website)
Mereton Textile Mailing address Unit 6/20-21 Lambridge Place. NSW 2750. Australia
Customer Services: Australian customers Ph 02 4732 5400 fax 02 4732 6488
These Terms of Trade were issued on 1st June 2011, supersede all previously issued terms.