Terms & Conditions

Leading sustainability since 1995

Our long-standing commitment to the environment drives every aspect of our business.

This agreement set out the terms under which Vicfam Plastics Pty Limited ABN 92 068 331 395 (the Company) provides goods or services to you (being the individual, company or legal person purchasing such goods or services) (the Customer)

If the Customer orders, accepts or pays for any goods or services after receiving or becoming aware of these terms, or otherwise indicates assent, then the Customer is taken to have accepted these terms

1 PURCHASE ORDERS

(a) These terms will apply to all the Customer’s dealings with the Company, including being incorporated in all agreements, quotations or orders under which the Company is to manufacturer and provide ready-made plastic pallets (the Goods) or services to the Customer (each a Purchase Order) together with any additional terms included in such Purchase Order (provided such additional terms are recorded in writing).

(b) The Company reserves the right to accept or reject any Purchase Order, or any part of a Purchase Order, placed by the Customer at its sole discretion.

(c) The Customer may place a Purchase Order for Goods with the Company via email or the Company’s website for collection from the Company’s warehouse (Collection Location) by the Customer or a carrier arranged and paid for by the Customer (Customer’s Carrier) in accordance with clause 4.

(d) While the Company endeavours to provide and/or display accurate lead times, these stock levels and lead times are estimates only and may be subject to change.

(e) It is the Customer’s responsibility to ensure that the Customer’s information included in the Purchase Order (including the Customer’s name, contact number and email address) is correct and to notify the Company of any changes to such information.

(f) Unless otherwise agreed, once a Purchase Order is received by the Company, that Purchase Order is irrevocable and binding on the parties and cannot be cancelled or amended.

2 GOODS

(a) The Customer acknowledges and agrees that:

plastic materials are used in the production of Goods available for purchase by the Customer and that as a result, the Goods may
- vary in colour, shade, texture, finish from item to item and over time;
- expand, contract or distort due to exposure to cold, heat and weather; and
- be damaged or disfigured by staining, scratches or impact.
The Company will endeavour to ensure that the Goods provided will be substantially the same as the Goods displayed on our website, or as otherwise agreed with you in writing prior to you placing your Purchase Order. Please note that due to screen display, colour and brightness, and image quality, Goods may not exactly match the image on the website.
The Customer is responsible for the use and care of the Goods once delivered or collected. The Company will provide instructions to the Customer at the time of placing a Purchase Order.

3 PAYMENT

3.1 PAYMENT OBLIGATIONS

Unless otherwise agreed:

(a) If the Company issues an invoice to the Customer, payment must be made by the time specified on such invoice.

(b) In all other circumstances, the Customer must pay for all Goods and services on or prior to collection.

(c) The Customer must not set off any money alleged to be owing by the Company against money due by the Customer to the Company.

3.2 GST

Unless otherwise indicated, amounts stated in Purchase Orders or in stores do not include GST. In relation to any GST payable for a taxable supply by the Company, the Customer must pay the GST subject to the Company providing a tax invoice

3.3 CARD SURCHARGES

The Company reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

3.4 ONLINE PAYMENT PROVIDER

The Company may use third-party payment providers (Payment Provider) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

4 COLLECTION

4.1 READY DATE

(a) The Company will contact the Customer when the Goods are ready for collection (Ready Date).

(b) The Customer acknowledges and agrees that the Ready Date may be earlier than, or later than, any estimated collection date provided to the Customer at the time of placing a Purchase Order, and the Customer will be bound by its obligations under this Agreement despite any such difference between the estimated collection date and the Ready Date.

(c) If for any reason the Company is unable to fulfil a Customer’s Purchase Order or provide the Goods to the Customer by the estimated collection date or the Ready Date or at all, the Customer will be notified and may (at its discretion) cancel the Purchase Order and receive a refund of the price of the Goods or a store credit for the value of the Goods

4.2 COLLECTION BY THE CUSTOMER

(a) Unless otherwise agreed, the Customer must collect the Goods on the Ready Date.

(b) By placing an order for collection, the Customer acknowledges and agrees that

Goods can only be collected by providing a proof of purchase such as a receipt for the relevant item/s;
it is the Customer’s responsibility to load the Goods into its vehicle, secure the Goods at the Collection Location and to provide all necessary labour and materials required for such purpose;
aside from placing the Goods in the loading dock or near the Customer’s vehicle, the Company is under no obligation to assist the Customer to load or secure the Goods;
the Customer must sign a proof of collection document at the Collection Location to confirm that the Goods have been received in good order and must permit the Company to take photos of the Goods at handover; and
the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with the Company at that time.

4.3 COLLECTION BY THE CARRIER

Where the Customer has arranged for the Customer’s Carrier to collect the Goods, the Customer:

(a) must arrange for the Customer’s Carrier to collect the Goods within two business days from the Ready Date;

(b) acknowledges and agrees that:

it is the Customer’s responsibility to pay all associated charges and insurances direct to the Customer’s Carrier;
the Customer must coordinate the collection of Goods with Company and provide the Company with reasonable notice;
Goods can only be collected by providing a proof of purchase such as a receipt for the relevant item/s;
it is the Customer’s Carrier’s responsibility to load the Goods into its vehicle, secure the Goods at the Collection Location and to provide all labour and materials required for such purpose;
aside from placing the Goods in the loading dock or near the Customer’s Carrier’s vehicle, Company is under no obligation to assist the Customer’s Carrier to load or secure the Goods;
the Customer’s Carrier must provide written evidence of its authority to collect the Goods on behalf of the Customer to the Company on pickup;
the Customer’s Carrier will be required to sign a proof of pick up document at the Collection Location to confirm that the Goods have been received in good order and must permit Company to take photos of the Goods at handover; and
the Customer’s Carrier, on behalf of the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with the Company at that time.

4.4 FAILURE TO COLLECT THE GOODS

(a) If the Customer does not collect the Goods within fourteen (14) days of the Ready Date, and provided that the Company has since attempted to contact the Customer using the Customer’s nominated contact details to arrange collection, a storage fee of $[insert] per week per item of Goods will be payable by the Customer until collection is arranged.

(b) Storage fees will be incurred on a weekly basis until collection is complete and the Purchase Order will not be made available for collection until all storage fees are paid.

5 TITLE AND RISK

(a) Until the price of the Goods is paid in full, title in those Goods is retained by the Company.

(b) Risk in the Goods will pass to the Customer when the Goods are collected by the Customer or the Customer’s Carrier. Collection may not be refused by the Customer.

(c) If the Customer does not pay for the Goods on the due date for payment, the Customer authorises the Company, its employees and agents to enter any premises occupied by the Customer or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or damage.

(d) The Company may at its option keep or resell the Goods retaken from the Customer.

(e) If the Customer sells the Goods or sells items into which the Goods are incorporated before payment in full to the Company, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of the Company, to hold the proceeds of sale on trust for the Company, in an account in the name of the Company, and must pay that amount to the Company on demand.

6 RETURNS

6.1 RETURN OF GOODS

The Company will only accept returns of Goods if:

the Goods are defective and the Customer complies with the provisions of this clause 6; or
the Company agrees in writing to accept return of the Goods.

If the Customer fails to comply with the provisions of this clause 6 in respect of defective goods, the Customer may, in its discretion, issue only a partial refund or no refund in respect of such defective goods, provided that nothing in this clause 6 is intended to limit the operation of any manufacturers’ warranties which the Customer may be entitled to or any rights of the Customer which cannot be excluded under applicable law.

6.2 CHANGE OF MIND RETURNS AND EXCHANGES

The Company does not accept returns or exchanges due to change of mind for any Purchase Order’s.

6.3 DEFECTIVE GOODS

Where the Customer considers that any Goods provided by the Company are defective, the Customer must within 5 business days of receiving the Goods, inform the Company of that fact in writing by providing the following information:

(a) a detailed description of the defect/s; and

(b) if applicable, photographs of the defects

6.4 CUSTOMER’S OBLIGATIONS

Where Goods are the subject of a notice under clause 6.3 and the Company agrees that the Goods may be defective, the Customer must within 10 business days of such agreement (unless otherwise directed by the Company):

(a) leave the Goods in the state and condition in which they were delivered until such time as the Company or its duly authorised agent has inspected the Goods;

(b) such inspection will be carried out within 30 days’ after notification by the Customer; and

(c) if paragraph 6.4(a) is not complied with, the Customer will be taken to have accepted the Goods and the Company will be entitled to the price for the Goods set out in any Purchase Order.

6.5 REPAIRS OR REPLACEMENTS OF DEFECTIVE GOODS

If, upon inspection of the Goods, or after receiving notice under clause 6.3, in the reasonable opinion of the Company:

(A) the Goods are defective; and

(B) the Goods were not damaged by the Customer and/or the Customer did not fail to take reasonable steps to prevent the Goods from becoming damaged; or

replace the Goods or supply the equivalent of the Goods;
repair the Goods;
pay the Customer a refund of the cost of the Goods; or
pay the Customer the cost of having the Goods repaired.

6.6 MINOR ISSUES

If, upon inspection, or after receiving notice under clause 6.3, in the reasonable opinion of the Company, the problem with the Goods is minor and the Customer asks the Company to remedy the problem, the Company, at its discretion, will:

(a) repair the Goods

(b) replace the Goods and/or the faulty part/s of the Goods; or

6.7 NOT DEFECTIVE

If, upon inspection, or after receiving notice under clause 6.3, in the reasonable opinion of the Company:

(a) the Goods are not defective; or

(b) the Goods are defective due to an act or omission of the Customer, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care by the Customer; and

the Company will refuse the Customer’s return, the Customer will be taken to have accepted the Goods and the Company will be entitled to the price for the Goods set out in any Purchase Order.

6.8 ACCEPTANCE

Except where notice has been given in accordance with clause 6.1, acceptance of the Goods is deemed for all purposes to have taken place:

(a) when the Customer intimates to the Company that it has accepted the Goods;

(b) when the Customer, after collection of the Goods, does any act in relation to them which is inconsistent with the Company’s ownership of the Goods; or

whichever first occurs.

6.9 PICK-UPS

If the Customer had received the defective goods by courier, the Company may arrange a pick-up and advise the Customer of the date of pick-up. The Customer must ensure someone is in attendance at the pick-up point on the allocated date.

7 INTELLECTUAL PROPERTY

(a) The Company retains all Intellectual Property Rights in the Goods, including the design, labelling and packaging, or those rights are owned by a third party. The Customer must not attempt to copy, reproduce, manufacture or otherwise commercialise the Goods.

(b) In this clause 7, “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents, trade secrets, business, company and domain names or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the date of this agreement, whether registered or unregistered.

8 LIABILITY

8.1 LIABILITY

(a) To the maximum extent permitted by law and subject to clause 8.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Customer to the Company under the most recent Purchase Order

(b) Clause 8.1(a) does not apply to the Customer’s liability in respect of loss or damage sustained by the Company arising from the Customer’s breach of:

clause 3 (payment)
clause 5 (title and risk); and
clause 7 (intellectual property).

8.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Goods or services provided by the Company, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

9 IF THE PARTIES HAVE A DISPUTE

(a) If an issue between the parties arises under this agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation, at equal shared expense of the parties.

(b) The parties will conduct mediation through the Australian Disputes Centre (ADC) and in accordance with the ADC’s Guidelines for Commercial Mediation (as current at the time of the dispute).

(c) The parties will follow the mediator’s recommendations on the extent of mediation required, and when to stop mediation if the issue cannot be resolved

(d) If mediation does not resolve the issue, the parties must:

if they haven’t already done so, engage independent legal representation at their own expense to understand the strength of their arguments; and
based on that advice, if settlement is not achieved, participate in arbitration (or other dispute resolution mechanism agreed in mediation) through the ADC at equal shared expense

(e) The parties will follow the binding outcome of arbitration (or other agreed mechanism)

(f) Either party may at any time during this process make an offer for settlement. The parties acknowledge and agree it is in their best interests to properly consider all genuine settlement offers. The parties will use best endeavours to avoid litigation and reach a prompt settlement.

(g) The process in this clause does not apply where a party requires an urgent injunction.

10 NOTICES

(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses and the email’s subject heading must refer to the name and date of this agreement

(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.

(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

11 FORCE MAJEURE

(a) Both parties will not be liable for any delay or failure to perform their obligations under this agreement if such delay or failure arises out of a Force Majeure Event.

(b) If a Force Majeure Event occurs, either party must use reasonable endeavours to notify the other party of:

reasonable details of the Force Majeure Event; and
so far as is known, the probable extent to which the party will be unable to perform or be delayed in performing its obligations under this agreement.

(c) Subject to compliance with clause 11(b), the relevant obligation of the party will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:

act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
strikes or other industrial action outside of the control of the Supplier; or
war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Supplier, to the extent it affects the Supplier’s ability to perform its obligations.

12 GENERAL

12.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

12.2 AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

12.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

12.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

12.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

12.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

12.7 COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

12.8 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

12.9 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

12.10 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

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