Trading Terms & Conditions
The outlined trading terms and conditions shall apply to credit trade facilities with Great Aussie Products T/As Load Choker and is the only terms applicable, unless otherwise, agreed upon and documented with Load Choker. Credit terms are subject to acceptance of credit application.
Conditions of Sale Definitions:
- “Customer” means the person, or company ordering or purchasing the goods from Load Choker.
- “Load Choker” means Great Aussie Products Trading as Load Choker.
- “GST” means Goods and Services Tax as per the Australian legislation.
- “Trading Terms” means any trading terms and conditions between Load Choker and the customer, including authorised credit facilities between the two parties.
Privacy & Confidentiality
The applicant/ customer warrants that the information provided within this application is true and correct. The customer acknowledges that in providing the information, Load Choker will act in reliance on this information. The customer irrevocably authorises Load Choker, its employees and appointed representatives to collate information from third party, trade referees, credit reporting agencies or bankers in validating credit worthiness of the customer or individuals purchasing from Load Choker. The customer hereby authorises the information sources to disclose to Load Choker such information concerning the customer, which is within their possession and which that is requested by Load Choker. Personal details are collected for the purpose of assessing applications, making and managing supplies and payment collections. All information is treated with strict confidentiality.
Order Placement and Pricing
A. Orders may be placed through the online facility, fax, phone or mail. Orders can only be cancelled with the written approval of Load Choker.
B. Prices are subject to change. Load Choker reserves the right to revise prices, due to proposed taxes, charges, premiums for agreements where delivery has not taken place. All price changes will be submitted in writing with a 30 day waiver from date of submission.
C. To the extent that the supply of goods under this agreement is a taxable supply and the fee shall be increased by the amount equal to GST, which the customer is liable to pay in respect to the supply. GST is charged as per A New Tax System (Goods and Services Tax) ACT 1999.
All freight charges remains with the customer. Delivery can be coordinated through the customers preferred freight forwarder or a Load Choker designated forwarder. For same day dispatch, orders must be placed by 12:00pm at the latest during Monday to Friday. Load Choker has reserves the right to extend delivery times due to unforeseen circumstances and will automatically back order if stock is unavailable.
Payment Terms and Conditions
- A. Full payment must be received by Load Choker within thirty (30) days End of Month from the invoice date without deduction or set-off. Payment is accepted in the form of Electronic Funds Transfer (EFT), Credit Card, Cheque or Cash.
- B. The customer will be liable for all expenses incurred by Load Choker in collecting all outstanding invoiced amounts and other associated costs with and including, but not limited to all legal expenses on a full indemnity basis. All outstanding amounts will result in an interest charge as per the Penalty Interest Rates Act 1983.
C. Load Choker is not in any circumstances liable in respect of any breach of these terms or in respect of the delivery of the goods, for any loss of profit, loss of use, loss of contract, loss or goodwill or any indirect or consequential loss. All costs or expenses incurred by Load Choker in connection with the exercise of its rights under these terms are payable by the customer on demand.
Warranties and Return Policy
The customer must contact Load Choker if they are not satisfied with any purchases within 30 days from receipt of the goods. Load Choker will not accept any returns unless notification is made. Load Choker will arrange a full refund (excluding freight charges), providing the goods are returned in as new condition. The customer must advise Load Choker of faulty or damaged stock items within 30 days from receipt of goods. Failing which, the customer will be deemed to have accepted goods, in the state and condition delivered. Load Choker reserves the right to reject any goods returned. The customer acknowledges that Load Choker has not made any warranty, conditions, descriptions or representation to the fullest extent permitted by law or implied from anything said or written in the negotiations between the parties or their representatives. Load Choker's sole liability for breach of any condition, warranty or other obligation imposed by the Competition and Consumer ACT 2010, as amended, including any consequential loss sustained or incurred by the customer will be limited to (Load Chokers discretion) the replacement of goods; the supply of equivalent goods.
Retention and Passing of Title
The risk in the goods shall pass to the customer from the moment of dispatch, until Load Choker has received full payment for all goods dispatched and until as such time, the goods remain the property of Load Choker.
Right to Entry
The customer irrevocably authorises Load Choker, its employees or appointed representatives to enter any premises occupied, leased or owned by the customer using reasonable force to take possession of the goods owned by the Load Choker in the event of agreement dissolution, or if a provisional liquidator, liquidator, administrator or a trustee in bankruptcy is appointed without any liability for trespass or any resulting damage. The customer will not claim that goods are for retention or re-sale or become a part of or merge as a fixture in the freehold of occupied premises.
At its discretion, Load Choker may suspend or cancel credit accounts or the supply of goods in the event of payment being overdue or credit limit being exceeded. In which case, any trade continuation will be on a COD basis.