Terms

The purchaser shall pay the price and all other monies in respect of the sale including any applicable delivery charges and taxes in full in cash on delivery, unless the purchaser is an approved credit customer.

Payments made using Amex or Diners will attract a 3% surcharge.

Approved credit customers agree to pay accounts in full without deduction within 30-days after EOM. In the event of default the customer agrees to pay all administration, legal and bank fees arising as a result of failing to pay their account in full by the due date together with interest calculated at the rate of 15% per annum from the due date on a daily basis for the amount outstanding.

Baxters Pty Ltd (hereafter “Baxters”) may withdraw credit facilities or vary the terms applicable for any customer at any time without notice.

Returns Policy

Goods will only be considered for credit when they are returned in a good and resalable condition together with the original packaging and a copy of the Baxters invoice on which the goods were supplied. The purchaser acknowledges and agrees that Baxters will not credit freight on returned goods that have been returned due to goods no longer being required and/or ordered incorrectly by the purchaser. A restocking fee of 10% applies to all goods returned for credit.

Goods will only be considered for credit when returned within 21 days of purchase.

Requests for credit will be rejected if the product(s) is/are found to be shop soiled, priced or tagged, broken, damaged or altered in any way by the customer, specifically made, treated or cut to length, specifically ordered in for the customer, incomplete, or if the product has been fitted or tamper proof seals are broken.

The purchaser agrees to pay all freight and other charges to return the goods to Baxter’s premises and Baxters will not accept any goods sent by, or pay for, freight forward deliveries.

All claims for shortages or incorrect supply must be made within 2 business days of receipt of goods by the purchaser quoting the relevant invoice number.

Title

Baxters retains title to and property in all goods supplied by Baxters until such time as the purchaser has paid in full all debts outstanding by the purchaser to Baxters. The purchaser agrees to provide Baxters with access to any premises where Baxter’s goods are located to enable Baxters to recover possession of those goods whilst outstanding amounts remain unpaid.

Freight

Unless the purchaser makes arrangements to collect goods ordered from Baxter’s premises, Baxters will deliver the goods to the purchaser and the purchaser shall pay a delivery charge at Baxters prevailing rate for the purchaser’s area at the date of sale.

Risk in the goods passes to the purchaser on collection from Baxters or on dispatch, whichever the case may be.

Recovery Costs

The customer shall pay all costs and expenses incurred by Baxters, its legal advisors, mercantile agents and others in respect of any action instituted or being considered against the customer, whether for debt, possession of any products or otherwise.

Customer’s restructure

The customer shall notify Baxters in writing of any change in its structure or management including any change in director, shareholder, management, partnership or trusteeship within 14 days of the date of any such change.

Credit Limit

The grant of any credit facility and/or the nomination of any credit limit is an indication only of Baxter’s intention at that time and Baxters may vary or withdraw any credit facility at any time and without liability to the customer or any other person or entity. The customer agrees to pay on demand all sums owing in connection with this credit facility in the event the credit facility is withdrawn.

Privacy Act

The customer agrees that Baxters may make any inquiries it deems necessary to investigate the customer’s credit worthiness including undertaking inquiries with financial institutions, credit reporting agencies, any personal credit and/or consumer credit information providers (‘The sources’). The customer authorises that the source may disclose any information concerning its creditworthiness in their possession to Baxters. The customer agrees that Baxters may disclose any information in its possession concerning the customer’s creditworthiness to the sources.

Warranty

All products supplied by Baxters are warranted to be free of defects in materials and workmanship under normal use and service. The length of the warranty period varies from product to product.

The warranty period commences on the date of sale of the product by Baxters and is not transferable.

Note – warranty is void if manufacturers and or Baxters labels are moved or tampered with

All claims under this warranty must be made within the relevant warranty period by returning the product to Baxters at the purchaser’s expense accompanied by a properly completed warranty claim form together with evidence of purchase. Failure to provide the necessary information will result in denial of claim.

Compliance with these requirements is a fundamental pre-condition to the application of this warranty.

This warranty does not apply to failure or damage to a product caused by incorrect or faulty fitment, accidental or intentional damage, and failure of other products, incorrect application or repair, contamination by foreign materials or modification carried out by anyone other than Baxters. Also excluded from this warranty are parts subject to normal wear (e.g.  brushes).

Baxter’s liability pursuant this warranty shall be limited to Baxters (at its discretion) either repairing or replacing the defective product or providing a credit or refund of its invoiced price and shall in no case include any consequential or other costs or losses or the costs of removal or refitting of any part. In no event shall the liability of Baxters exceed the price of goods supplied by Baxters.

The purchaser acknowledges that the purchaser has a specialised knowledge of the products supplied by Baxters and has ordered appropriate products and not relied on Baxters to advise or assist in selection of products or their fitment or application.

This warranty supersedes all previous Warranty Policies issued for Baxters Pty Ltd.

Exclusions and Limitations

All other warranties and implied terms as to fitness or quality of the products sold are expressly excluded except to the extent that they cannot be excluded by law.

No representative, agent or contractor of Baxters has any authority to alter any terms and conditions of this policy.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN BAXTERS PTY LTD AND THE PURCHASER WITH RESPECT TO THE SALE OF PRODUCTS TO THE PURCHASER. ALL PRICES, ITEMS AND CONDITIONS OF SALE ARE SUBJECT TO AMENDMENT WITHOUT NOTICE.