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Terms and Conditions of Trading Agreement

Shoof International Pty Ltd (Effective 01 January 2020)

DEFINITIONS

  • “Shoof” shall mean Shoof International Pty Ltd. and its successors and assignees.
  • “Customer” shall mean the person, entity or organisation that operates the account and any person with the authority of the Customer, or in the case of cash purchase the person, entity or organisation placing an order with Shoof.
  • “Goods” shall mean any Goods supplied by Shoof to the Customer, and includes any services performed by Shoof.

APPLICATION

  • These terms of trade apply to all Customers for the Sale of Goods entered into by Shoof.
  • Any order placed with Shoof constitutes your agreement to be bound by these terms.
  • Any additional or different terms you stipulate or state in any communication with us (including an order) are hereby objected to and will not bind Shoof unless agreed in writing by a member of Shoof Management.
  • No salesperson, representative or agent is authorised by Shoof to give any guarantee, warranty or representation in addition to, or contrary to these conditions.

PRICES

  • Unless stated to the contrary,
    • trade prices quoted are net and exclusive of GST, and
    • Retail prices are gross and inclusive of GST.
  • All prices are subject to change without notice and,
  • Will be billed at the prices ruling at the time of invoicing.

PAYMENT

  • All invoices are due for payment on or before the 20th of the month following the month of invoice.
  • Upon receiving the Proforma Invoice, Cash in Advance (CIA) payments can be made via Visa, Mastercard or bank deposit. Once payment has been received in full by Shoof International Ltd, goods will be dispatched.
  • Any dispute regarding prices must be raised within seven days of receipt of invoice; failure to do so may invalidate any such claim.
  • In the event of an overdue account, Shoof reserves the right to postpone or cancel further delivery of Goods without notice, until outstanding payment is
  • Any expenses, costs or disbursements incurred by us in recovering any outstanding monies, including, but not limited to, debt collection agency fees or solicitor’s costs, shall be the responsibility of the Customer.
  • Interest may be charged, at our discretion, at a rate of 2% per month on overdue amounts.

FRAUDULENT USE

  • The Customer shall not be liable for any indebtedness arising from the fraudulent use of their account provided that the Customer must, on discovering the fraudulent use of the account, immediately notify the Shoof Credit Manager of such fraudulent use.
  • The burden of proving such use was fraudulent shall be upon the Customer.
  • The Customer shall endeavour to return all goods acquired by fraudulent use.

RISK

  • Shoof retains title in the Goods nonetheless all risk in the Goods passes to the Customer upon receipt at the requested delivery address.
  • If any of the Goods are damaged or destroyed prior to title in them passing to the Customer, Shoof is entitled to receive all insurance proceeds as payment of the Goods, if unpaid.

DELIVERY

  • Shoof shall deliver the Goods to the address stated on the Order or alternatively as requested by the Customer and agreed to by Shoof.
  • Shoof shall deliver the Goods by such carrier and such form of transport considered to be appropriate.
  • Where the Customer specifies the carrier and the means of carriage, Shoof shall deliver the Goods in the way specified, with any additional cost of such carriage being an additional charge to the invoiced price of the Goods.
  • Shoof will not be responsible for any part delivery or delay in delivery of the Goods as a result of events occurring beyond our control.
  • Shoof shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
  • The time agreed for delivery shall not be an essential term of this contract and Shoof shall not be liable for any

RETURN OF GOODS POLICY

  • Request for the return of Goods, except those for Stock Exchange, must be raised by the Customer contacting Shoof Customer Service on 1800 121 801 or by emailing sales@shoof.com.au with the invoice number on which the returning Goods were purchased. Shoof reserves the right to reject any requests for the return of Goods or credit thereof.
  • For requests to return Goods for Stock Exchange, the Customer is to contact their Shoof Area manager. Refer to Shoof Stock Exchange Policy.
  • Shoof Area Managers are not authorised to collect Goods from the Customers for return to Shoof.
  • Request for the return of Goods must be raised by the Customer within twenty one days of receiving goods, –
    • including any request for the return of Goods which were, –
      • purchases on approval,
      • incorrectly ordered by the Customer,
      • incorrectly supplied by Shoof,
      • damaged or lost by the carrier,
      • deemed not suitable for use by the Customer,
      • being received faulty or damaged,
    • Exception for the return of Goods within the twenty one day period for –
      • Stock Exchange - as per Shoof Stock Exchange Policy,
      • Goods failing after a reasonable time and normal use.
  • Once the request for the return of Goods has been raised, the customer will receive a Returns Number. This reference number is given to aid in tracking the request for the return of Goods. Shoof may require further information and inspection of the Goods in the process of assessment for credit. The receiving of a Returns Number is not acceptance for the item to be credited.
  • All return of Goods to Shoof is to be accompanied by a completed Product Return Form. A copy of the form is supplied with each order. Additional forms can be supplied by Shoof on the Customers request. Any Goods sent to Shoof without a completed Product Return Form will be entirely at the risk of the Customer.
  • Shoof will not be held responsible for any delay as a result of a non-included or incomplete Product Returns Form.
  • Any return of Goods is at the Customer’s cost, except for Goods supplied incorrectly by Shoof.
  • No credit will be given for the return of Goods if Shoof has requested the Goods be returned to Shoof, and the Customer fails to return the Goods to Shoof.
  • Any Goods approved for credit by Shoof will be credited at the original value invoiced. Additional delivery or Admin charges will not be credited, excluding those Goods returned for being –
    • incorrectly supplied by Shoof,
    • damaged or lost by the carrier, or
    • Faulty or failed after a reasonable time and normal use.
  • Goods discontinued by Shoof, or indent lines ordered specifically by Shoof for a Customer will not be accepted for any return, except for Goods received faulty or failed after a reasonable time and normal use.
  • For any Goods returned to Shoof for credit, except for those failed or faulty, received in an unsaleable sate, not in the original packaging or with packaging not being in a resaleable state, Shoof reserves the right to charge a repackaging fee of $10, or 10% the invoiced value of the Goods, whichever is the greater.

PRODUCTS FOR SERVICE AND REPAIR

  • Any product returned for service or repair must be delivered to Shoof’s premises at the Customer’s cost.
  • Any repair or service item returned at Shoof cost will have the cost of both the inwards and outwards delivery charged along with the cost of the service or repair.

INTELLECTUAL PROPERTY RIGHTS

  • The customer will not use, reproduce, license, sell, release or modify (including via any Internet site) any images, graphics, photographs or other copyright works supplied or owned by Shoof, without the prior written consent of Shoof.
  • The customer will not copy or attempt to copy, or attempt to reverse engineer, any goods supplied by Shoof.

PRIVACY ACT

  • The Customer authorises Shoof to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes:
    • assessing the Customer’s creditworthiness
    • disclosing to a third party details of this application and any subsequent dealings that party may have with Shoof for the purpose of recovering amounts payable by the Customer, and for providing credit references
    • operation of normal business activities by Shoof, including promotion of products and services via email or fax or any other medium
  • The Customer, if an individual, has a right of access to information about the Customer held by Shoof. The Customer may request correction of that information.

CUSTOMER’S LIABILITY & DEFAULT

  • If the Customer shall:
    • fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
    • suffer execution under judgment; or
    • commit an act of bankruptcy; or
    • make any composition or arrangement with any creditor; or
    • being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it;
  • Shoof (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable.
  • Any such termination shall be without prejudice to any claim or right we may otherwise possess.

TITLE

  • Shoof retain title to the goods and a security interest in the goods until the Customer has paid all monies owing.

GENERAL

  • These terms of trade are governed by the laws of Australia. Shoof and the Customer shall submit to the non-exclusive jurisdiction of the courts of Australia in respect of any dispute or proceeding arising out of these terms of trade.
  • If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  • Shoof shall be under no liability whatever to the Customer for any indirect loss and or expense (including loss of profit) suffered by the Customer arising out of a breach by Shoof of these terms and conditions.

VARIATION

  • These stated terms of trade may be varied by notice in writing from an authorised officer of Shoof only.