TERMS AND CONDITIONS OF THE TRADING AGREEMENT:

1. DEFINITIONS

In these Conditions of Sale:
“the Company” means Buckle Pty Ltd;
“the Customer” means the person, or company ordering or buying the Goods from the Company;
“the Goods” means goods or services supplied by the Company to the Customer;

These conditions shall apply to and be incorporated into every agreement between the Company and Customer under which the Company supplies goods or services at the request of the Customer.

No contract in respect of the Goods will arise between the Company and the Customer until the Customer’s order has been accepted by the Company. These conditions shall take precedence over any conditions set out in any communication or document of the Customer regardless of the date or time of such communications or documents and shall not be varied without the express written consent of the Company.

Any quotation and contract between the Company and the Customer shall in all respects be governed by and construed in accordance with Australian law and the Courts of Australia shall have jurisdiction to hear all disputes arising in connection with the contract.

2. ACTING IN RELIANCE

The Customer warrants that the information provided by the Customer in this Application Form is true and correct. The Customer acknowledges that the Company in providing the Goods to the Customer will act in reliance on this information.

3. PRICES

Unless otherwise specifically stated, any prices quoted by the Company are in Australian or New Zealand currency and are inclusive of packaging but exclusive of freight charges and the Company shall charge extra in respect of such items.

Orders with a minimum of $250 will deem the order freight free only within Australia and New Zealand.

The Company reserves the right to change prices at any time.

4. PAYMENT TERMS

Please note that first orders must be paid prior to production.

Credit terms are subject to the acceptance of this Credit Application and validation of trade references. Standard trading terms are strictly 30 days net from end of month of invoice date. Payments which are received and processed by the Company prior to the due date are entitled to a settlement discount of 2.5%.

5. SANCTIONS FOR LATE PAYMENTS

In the event that the Customer defaults in making payment to the Company in accordance with the terms and conditions above the Company may in its absolute discretion take the following steps:-

1. The Company is entitled to charge interest calculated on the portion of the Customer’s overdue amount at the rate of 11% per annum from the due date.
2. If payment is not received after 45 days of due date the company will take legal action to recover the outstanding amounts. All costs including debt collection commissions, solicitor fees and any out of pocket expenses will be the liability of the customer. Credit will no longer be available.
3. Customers credit limits will be reviewed periodically and may be revoked at any time due to poor payment history whereupon all amounts owing to the Company shall be paid immediately and the account will revert to COD prior to production.

6. RETENTION AND PASSING OF TITLE

The risk in the Goods shall pass to the Customer on delivery but until the Company has received payment in full, the Goods shall remain the ownership and property of the Company. The Company has the right, without prejudice to the obligation of the Customer to pay the price to recover the Goods and for the purpose thereof the Company, or the Company’s nominated agent, may enter upon any premises of or occupied by the Customer or third party with the consent of the third party.

7. PRIVACY AUTHORITY

Where Goods are supplied to the Customer on credit the Customer irrevocably authorises the Company, its employees and agents to make such enquiries as it deems necessary to investigate the credit worthiness of the Customer from time to time including the making of enquiries of persons nominated as trade referees, the bankers of the Customer or any other credit providers (the information sources) and the Customer hereby authorises the information sources to disclose to the Company such information concerning the Customer which is within their possession and which is requested by the Company.

8. GST

To the extent that the supply of Goods under this Agreement is a taxable supply the Fee shall be increased by the amount equal to any GST which the Customer is liable to pay in respect to that supply. The expressions of ‘GST’, ‘supply’, ’taxable supply’, and ‘tax invoice’ have the same meanings as in A New Tax System, (Goods and Services Tax) Act 1999.

9. POINT OF SALE

To be eligible for any display stands a stand agreement form must be completed. We require ongoing commitment from you that any display stands supplied by the company will be stocked with a minimum of 70% Buckle products at all times. A Buckle representative will regularly service your store and maintain the stand.

The Company logo will be displayed on the top of the stand, which remains the property of the Company and we reserve the right to remove the stand at our discretion if the stand is not used in accordance with the Buckle Stand Agreement.

10. FAULTY OR INCORRECT STOCK

All faulty or incorrect stock deliveries must be notified immediately to the Company Head Office within 14 days of receiving. Customers are required to attain a Return Authorisation (RA) number by providing the invoice number of the shipment.

The Goods should be returned with a claim form listing a description of problem/s with the goods. The Company will replace, repair or credit at their discretion upon receiving the Goods.

11. DELIVERY TIMES

In normal conditions we are able to offer the following delivery schedule: Stock service styles will be despatched within 2 working days of processing the order.

Made to Order styles will be manufactured and despatched within 10 working days of processing the order. The Company reserves the right to extend delivery times during peak periods and will automatically backorder if stock is unavailable.