Terms & Conditions
The following applies to and forms part of any contract for the supply of goods or services by Meatpak Australia Pty Ltd trading as HOLCO (here in after referred to as “the Company”) to the party completing the application annexed to these conditions. These terms are effective from the date of acceptance by the Customer and may be amended or superseded from time to time by notice given by the Company by any means.
7 Day Account – means all purchases are due and payable no more than 7 days from the date on which a statement is issued.
- At the Company’s sole discretion, a deposit may be required prior to any supply.
- Credit Account Customers are required to pay all amounts for purchases, in full and with no deduction or set-off, no more than 7 days from the date upon which a statement is issued.
- In the event of a dispute, the complete undisputed portion of the account must be paid in accordance with the Payment Terms.
- Should it be considered necessary by the Company to incur legal and/or any other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer shall be liable for all such expenses. The Customer acknowledges that those expenses may be calculated on a commission basis at a percentage rate of up to 25% of the amount due and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the agency.
- Amounts received by the Company may be applied first against interest, charges and expenses.
- Interest on overdue amounts may be charged at a rate of 1.50% per calendar month or part thereof and the Customer shall be liable for, and expressly undertakes to pay, all such interest.
- Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event, the parties are to be restored to rights which each respectively would have had if the payment had not been made.
- The Customer shall be liable for, and expressly undertakes to pay, all fees (including an Administration Fee in an amount to be set from time to time by the Company) for all costs incurred as a result of any cheque or electronic banking transaction being dishonored for whatever reason.
1. Jurisdiction Agreement
- This agreement shall be construed in accordance with laws of the State of South Australia and, where applicable the Commonwealth of Australia and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia.
- The Company shall have exclusive right to nominate the Court in which any legal action is to be commenced and conducted.
3. Retention of Title and Right of Access
- Property in all the Goods supplied shall remain vested in the Company and shall not pass to the Customer until all monies owing to the Company by the Customer together with all collection, repossession and/or legal costs incurred, have been paid in full.
- The Goods, whether as separate chattels or as components, shall be stored in such a manner as to be clearly identifiable as the property of the Company until title has passed to the Customer.
- The Company may demand at any time until title has passed to the Customer that the Customer returns the Goods or any part of them.
- In the event that the Customer defaults in the payment of any monies owing to the Company, the Company and its employees or agents shall have the right to enter without notice upon the Customer’s premises or any other premises where the Goods are known to be stored to repossess the Goods and for this purpose the Customer shall grant reasonable access rights and the Company, its employees or agents shall be entitled to do all things required to secure repossession.
7. Company Warranty
- The Company warrants that Goods supplied shall be of merchantable quality.
- The Company does not warrant that the Goods are fit for a particular purpose and, except or unless otherwise stated herein, warranties relating to title, defects or conformity of the Goods are expressly excluded.
- Returns will be accepted only if prior arrangements have been made with the Company and charges, including but not limited to re-stocking fees, may apply.
- Any costs associated with the return of Goods for the purpose of a warranty claim shall be the responsibility of the Customer.
- Notwithstanding Retention of Title provisions as per clause 3 hereof, the risk in Goods purchased shall pass to the Customer upon delivery to the Customer or its agent or a carrier nominated by the Customer.
- If any of the Goods are damaged or destroyed prior to the title passing to the Customer, the Company is entitled, without affecting any other rights and remedies under any agreement, to any insurance proceeds payable for the Goods.