Wholesale Trading Terms and Conditions
1. GENERAL TRADING CONDITIONS
These conditions of sale apply to all Buyers in relation to all goods supplied by Magusto Wines Pty Ltd.
2. ORDERS
Orders will only be accepted by Magusto Wines Pty Ltd if they are not at variance with these Terms and Conditions. Orders specifying different conditions will require prior written approval of Magusto Wines Pty Ltd. All orders must be signed by the Buyer's authorised representative.
3. DELIVERY
If a delivery date is specified on an order Magusto Wines Pty Ltd will use its best endeavours to deliver the order on that date, but its failure to achieve delivery on that date shall not confer any rights, nor any cause of the express right to effect part deliveries and change the conditions of supply. Those changes will apply to wines ordered but not yet delivered.
4. MINIMUM ORDER VALUE
Magusto Wines Pty Ltd reserves the right to set minimum order values.
5. PRICING
All prices quoted in Magusto Wines Pty Ltd price list and catalogues are subject to change without notice and Magusto Wines Pty Ltd reserves the right to invoice the wines sold at the revised prices not the prices at the time or the Buyer ordering.
6. CREDIT ACCOUNTS
Buyers may apply to open a credit account with Magusto Wines Pty Ltd after first fulfilling a three (3) paid-in-advance period. Wines will be supplied up to a credit limit on approved accounts. Magusto Wines Pty Ltd reserves the right to vary the Buyers credit limit at any time without reason being assigned thereto.
7. SUPPLY CONDITIONS
Wines are supplied at the price on the condition that payment shall be made according to the terms displayed on the Magusto Wines Pty Ltd invoice, or alternatively on any other credit terms as specified in writing by Magusto Wines Pty Ltd. If at any time monies are overdue by the Buyer, the whole account of the Buyer will become due and immediately payable, and Magusto Wines Pty Ltd will determine whether to continue supply.
8. PAYMENTS
Payments of invoices may be made directly to the Magusto Wines Pty Ltd bank account as specified on the invoices. No account shall be deemed to be paid unless paid to Magusto Wines Pty Ltd in cash or cleared funds. Cheques or other negotiable instruments will not be deemed to be paid until cleared by the Magusto Wines Pty Ltd banker. All invoices are due to be paid as listed on each individual supplied invoice.
9. OVERDUE PAYMENTS
Interest on overdue accounts shall accrue at the rate of 2% per month starting from one day after the date issued on the overdue invoice.
10. DELIVERY
Wines will be delivered to the address as nominated on the Buyers official order, per the listed Magusto Wines Pty Ltd deliver terms and conditions HERE
11. CONSIGNMENT NOTE
The Buyer or his/her agent will be required to sign a consignment note on delivery and this signature will be sufficient proof of delivery. Any discrepancies must be advised to Magusto Wines Pty Ltd within 2 working days of delivery, otherwise all deliveries will be deemed as - delivered and final.
12. RETURNS
Wines will not be accepted for return by Magusto Wines Pty Ltd if delivery has been accepted by the Buyer. All returns must be approved by Magusto Wines Pty Ltd in writing before being consigned to Magusto Wines Pty Ltd at Magusto Wines Pty Ltd nominated address. Unauthorized returns will not be accepted by Magusto Wines Pty Ltd, and the carrier will therefore be instructed to return such wines to the Buyer at the Buyer’s expense.
13. CLAIMS/WRONGLY SUPPLIED, DAMAGED OR FAULTY GOODS
All claims for incorrect shipment, damaged or faulty goods must be made to Magusto Wines Pty Ltd within 2 days of receipt of the goods subject to the claim.
14. CLAIMS - NON-DELIVERY
Claims for non-receipt of a total consignment of goods must be made in writing 5 days after receipt of the Magusto Wines Pty Ltd statement of accounts rendered to Buyer monthly.
15. WARRANTY
To the full extent permitted by law, all guarantees, warranties, representations, promises, conditions or statements regarding the wines supplied, whether express or implied, and whether statutory or otherwise (including without limiting generality, guarantees, warranties, representations, promises, conditions and statements as to merchantability, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to be obtained from or in the course of using such services) are excluded except as otherwise expressly provided for in these Terms and Conditions.
16. RISK
Wines will be at the risk of the Buyer from the time they leave Magusto Wines Pty Ltd designated pick-up address.
17. TITLE
Property in and title to goods supplied under these Terms and Conditions shall remain with Magusto Wines Pty Ltd and does not pass to the Buyer until all monies payable in respect of those goods (including any interest, freight or insurance charges) have been paid to Magusto Wines Pty Ltd.
Magusto Wines Pty Ltd has the right to call for or recover goods owned by Magusto Wines Pty Ltd at its option (for which purpose a Magusto Wines Pty Ltd employee or agent may enter the Buyer's premises) and the Buyer is obliged to deliver up the goods if so directed by Magusto Wines Pty Ltd. The Buyer agrees to keep the goods in a fiduciary capacity for Magusto Wines Pty Ltd until such time as ownership is transferred to the Buyer. Notwithstanding the foregoing, the Buyer may sell the- goods to a third party in the ordinary course of business.
18. SET-OFF
Complaints in respect of alleged faulty goods shall not entitle the Buyer to withhold payment of any sum which has become payable to Magusto Wines Pty Ltd and shall not give rise to any right or set off unless, and until, any amount to be allowed by Magusto Wines Pty Ltd has been admitted and ascertained.
19. GOVERNING LAW
The agreement formed as a result of Magusto Wines acceptance of orders is governed by the law of Victoria, Australia.
20. DISPUTE RESOLUTION
If a dispute arises between the parties, they must attempt to resolve the dispute by mediation prior to commencing legal proceedings.