Terms and Conditions for Lightfeet Credit Applications
The whole of the Agreement between Interpod Pty Ltd ABN 55 086 495 954 (“Interpod”) and the Applicant referred to in the Credit Application (“Customer”) is set out in these Terms and Conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law (“Terms”). By receiving delivery and/or supply of all or a portion of the goods the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All Goods are charged at the price ruling at the date of invoice and any GST within the meaning of the Goods and Services Tax Act 1999 or other government imposts shall be payable by the Customer in addition.
2.1 Payment is due on or prior to 30 days from the end of month of the date of invoice rendered in respect of the supply of the Goods unless otherwise stated in writing by INTERPOD. INTERPOD may charge liquidated damages at a rate equivalent to 1.0% per month calculated daily and compounding monthly if payment is not received by the due date.
2.2 The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a solicitor/own client basis) incurred by INTERPOD for enforcement of obligations and recovery of monies due from the Customer to INTERPOD.
Quotations and Pricing
Unless otherwise agreed in writing a quotation will remain valid for 30 days from the date of the quotation after which INTERPOD reserves the right to amend it or withdraw it.
Delivery and Supply
4.1. Any times quoted for delivery and/or supply are estimates only and INTERPOD shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery/supply or dispatch.
4.2 INTERPOD may refuse to supply any order by the Customer for Goods in its absolute discretion and may make acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
4.3 The Customer shall be liable for all cost, charge and expense incurred by INTERPOD on account of storage, detention, double cartage/delivery or similar causes.
Until full payment has been made for all Goods, and any other sums in any way outstanding from the Customer to INTERPOD from time to time:-
5.1 All sums outstanding become immediately due and payable by the Customer to INTERPOD if the Customer makes default in paying any other sums due to INTERPOD, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.
5.2 The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for INTERPOD (returning the same to INTERPOD on request). The Goods shall nevertheless be at the risk of the Customer from the time of delivery/supply and the Customer.
5.3 The Customer shall store the equipment in such a way that it can be readily identified as being the property of INTERPOD.
Returns, Cancellations and Claims
6.1 The Customer shall not return any Goods to INTERPOD without obtaining prior authorisation and/or advice from INTERPOD Customer Service or Sales Representative. Unauthorised returns will not be accepted. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product codes, quantity, date of return and the Customer’s name and address must also be enclosed. A credit note will be issued by INTERPOD only after Goods returned are either collected by INTERPOD’s authorised representative or agent or returned to it by the Customer as set out above. The Customer shall not deduct the amount of any anticipated credit from any payment due to INTERPOD but must await receipt of a credit note.
6.2 If INTERPOD accepts the return of any Goods that have been ordered, INTERPOD may charge the Customer a re-stocking fee as determined by INTERPOD in its absolute discretion.
6.3 All complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with the Customer’s purchase order must be submitted by the Customer to INTERPOD in writing within seven (7) business days of receipt of the Goods by the Customer. Otherwise, the Customer shall be deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order.
Privacy Act 1988 (Cth) (“Privacy Act”)
To enable INTERPOD to assess the Customer’s application for credit, the Customer authorises INTERPOD:-
7.1 To obtain from a credit reporting agency a credit report containing personal information about the Customer and its guarantors pursuant to Section 18K(1)(b) of the Privacy Act; and
7.2 To obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities
7.3 To give to a credit reporting agency information including identity particulars and application details
AND in accordance with Section 18N(1) of the Privacy Act the Customer authorises INTERPOD to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting agency information about the Customer’s credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.
The Customer understands that information can be used for the purposes of assessing its application for credit (Section 18L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, assessing its credit worthiness and notifying other credit providers and credit reporting agencies of a default by it under these Terms.
The Customer must notify INTERPOD in writing immediately on any attachment of Goods by any other party that may impinge on INTERPOD’s clear title to those Goods and also within seven (7) days of:-
8.1. Any alteration of the name or ownership of the Customer.
8.2. The issue of any legal proceedings against the Customer.
8.3. The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.
8.4. Any change in the ownership of the business name of the Customer. The Customer agrees that it shall be liable to INTERPOD for all Goods supplied to the new owner by INTERPOD until notice of any such change is received.
Either party may give the other notice under these Terms and Conditions by letter or facsimile addressed to the postal or facsimile address last known to the party, giving the notice and any such notices shall be considered given when the letter or facsimile would have been delivered in the ordinary course of post or transmission.
Warranties and Liability
9.1 INTERPOD limits its liability to the Customer as set out in this clause. The provisions of this clause 9 do not affect or limit the Customer’s statutory rights under the Trade Practices Act 1974 (Cth) as amended (“TPA”) and/or similar State legislation that cannot be excluded.
9.2 No warranties except those implied by law and that cannot be excluded are given by INTERPOD in respect of Goods or supplied. Where it is lawful to do so, the liability of INTERPOD for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent goods, the payment of the cost of repairing or replacing the Goods as determined by INTERPOD.
9.3 INTERPOD has a money back guarantee that exists currently for 30 days from receipt of goods. INTERPOD reserves the right to change this time period or the details of the warranty without notice.
9.4 Under no circumstances shall INTERPOD have any liability for any deliberately wrongful act, default or omission by any employee or Agent of INTERPOD acting in the course of their employment unless such act, default or omission could have been avoided by the exercise of due care and diligence on the part of INTERPOD as employer.
10.1 The Customer agrees that by signing these Terms and Conditions they may be permitted to sell the agreed Interpod Company brands; Lightfeet, Ergosole and Interpod, only within the confines of a ‘four-walled’ retail operation. No online sales are permitted unless written permission is obtained from the Interpod Directors.
10.1 These Terms shall be governed by and interpreted according to the laws of Victoria and INTERPOD and the Customer consents and submits to the jurisdiction of the courts of Victoria.
10.2 Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.