Keyword Search:

trading terms

Terms and Conditions

 

CONDITIONS OF SALE

ENCORE BEAUTY PTY LTD

 

Interpretation

1.         In these conditions:-

(1)           Buyer means the purchaser of the Products specified in the Schedule.

(2)           Products means the products and, if any, services specified in the Schedule.

(3)           Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect

               of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law

               (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

 

Terms of sale

2.         (1)           All the products sold by the Encore Beauty are sold on these terms and conditions

 

Pricing Policy

3.         (1)           All prices listed are inclusive of Goods and Services Tax (GST).

            (2)           All prices listed in the Product order form are subject to change without notice.

            (3)           All Products ordered will be invoiced at prices which are  current at the date the Product is dispatched

                            by Encore Beauty to the Buyer.

            (4)           This policy applies unless otherwise indicated in writing by Encore Beauty.

 

Quotations

4.         (1)           Unless previously withdrawn and subject to 5(2), Encore Beautys quotations are valid and capable of

                           acceptance by returning an order within the period of time set out in the quotation and if no period is

                           specified thirty (30) days from the date of the quotation.

 

Orders

5.         (1)           Encore Beauty reserves the right to specify a minimum order that it will accept from the Buyer.

            (2)           Encore Beauty reserves the right to refuse any order based on a quotation within seven (7) days of

                           Encore Beauty receiving the order.

            (3)           For non-credit account and/or payment plan account holders, no order shall be accepted and/or filled

                           by Encore Beauty until Encore Beauty has received payment.

            (4)           Orders may not be cancelled less than thirty (30) days before the anticipated delivery date.

 

Payment

6.         (1)           For non-account holders and orders that are accepted for less than Two hundred dollars ($200.00),

                           payment is required before delivery.

            (2)           Payment may be by:-

                                a)  Credit card:  Master card, Visa or Amex (a 3% fee applies

                                     to all Amex transactions and is charged at the time of

                                     payment);

                                b)  Cheque: payable to Encore Beauty Pty Limited.   A fee of

                                     $35.00 will be charged for all dishonoured cheques.

                                c)  Direct credit to Encore Beauty's account (details provided

                                     on request).

 

Accounts

7.         (1)           Credit accounts and payment plan accounts are available to approved commercial customers (terms

                           and conditions apply).

            (2)           Credit accounts are available to approved commercial customers. Application for approval is by

                           completing Encore Beauty's Credit Application Form.

            (3)           Payment plan accounts are available to approved commercial customers. Application is by completing

                           Encore Beauty's Credit Application Form.

 

Delivery

8.         (1)           Delivery will be in the manner elected by the Buyer.

            (2)           Where the Buyer is not collecting the Products from Encore Beauty's showroom, then unless otherwise

                           stated in writing by Encore Beauty, freight costs will apply and be payable by the Buyer.

            (3)           Notwithstanding clause 9, all Products to the Buyer are dispatched at the Buyers risk.

            (4)           Encore Beauty is not responsible to the Buyer or any person claiming through the Buyer for any loss

                           or damage to Products in transit caused by any event of any kind by any person (whether or not Encore

                           Beauty is legally responsible for the person who caused or contributed to that loss or damage).

            (5)           The delivery times made known to the Buyer are estimates only and Encore Beauty is not liable for

                           late delivery or non-delivery.

            (6)           Encore Beauty is not liable for any loss, damage or delay occasioned to the Buyer or its customers

                           arising from late or non-delivery of the Products.

            (7)           Delivery occurs on collection of the Products by the Buyer or the dispatch of the Products in the

                           manner directed by the Buyer.

 

Rights in relation to Products

9.         (1)           Encore Beauty reserves the following rights in relation to the Products until all accounts owed by the

                           Buyer to Encore Beauty are fully paid:-

                a) ownership of the products;

                b) to enter the Buyer's premises (or the premises of any

                    associated company or agent where the Products are

                    located) without liability for trespass or any resulting

                    damage and retake possession of the Products; and

                c) to keep or resell any Products repossessed pursuant to b)

                    above.

            (2)           If the products are resold by the Buyer, the Buyer shall hold such part of the proceeds of any such

                           sale as represents the invoice price of the Products sold in a separate identifiable account as the

                           beneficial property of Encore Beauty and shall pay such amount to Encore Beauty upon request.

            (3)           Notwithstanding the provisions above Encore Beauty shall be entitled to maintain an action against the

                           Buyer for the purchase price and the risk of the Products shall pass to the Buyer upon delivery.

 

Returned Products

10.        (1)