Terms & Conditions

Pryme Australia Pty Ltd (ABN: 41 098 682 725)

1. PAYMENT TERMS

1.1. Payment is due no later than 30 Days from End of Month. Payment can be made via direct bank deposit to:

AUD Payments

Bank: National Australia Bank
Account Name: Pryme Australia Pty Ltd
Bank BSB: 084 004
Account No: 53733 7586

NZD Payments

Account Name: Pryme Australia Pty Ltd
Account Number: PRYMANZD01
SWIFT Code: NATAAU3303M
Bank: National Australia Bank
Bank Address: Brisbane City Banking Centre
Level 19/259 Queen St, Brisbane QLD 4000

Also payments by cheque, Visa, Mastercard are accepted.

1.2. Credit card payments received for invoices outside of payment terms, will attract a 3% finance charge. The seller reserves the right to apply a monthly charge on overdue balances. This charge will be based on the Reserve Bank of Australia’s Small Business Variable Overdraft (Other) rate, published in July and January of Each year.

1.3. Payments received via direct deposit into our bank account within 14 days from the date of the invoice will attract a 2.5% prompt payment discount.

2. GST

2.1. The Buyer must pay the Seller a total price which includes the goods and services tax paid or payable by the Seller in respect of goods and services supplied by the Seller to the Buyer.

2.2. The amount payable by the Buyer will be stated on an invoice to the Buyer.

2.3. Any other relevant taxes on the goods supplied will, to the extend not included in the price list, be debited to the Buyer’s account.

3. CLAIMS

3.1. Claims for Defects, Damages, Incorrect Deliveries, and Shortages.

3.2. All claims must be made within 14 days of invoice date. No claims can be processed if received after 14 days.

4. RETURNS GOOD AUTHORITY & RESTOCKING FEE

4.1. No goods can be returned without prior approval from the Seller and a Return Goods Authority (RGA) number being issued by the Seller.

4.2. A restocking fee of 30% applies to any approved goods returned. All goods returned must be in the same state as it was purchased and must be in a condition suitable for resale.

5. MINIMUM ORDER QUANTITY & VALUE

5.1. Goods are supplied in full case lots or as per the Minimum Order Quantity (MOQ) shown in the distributor price list.

5.2. Minimum Order Value = $500,- + GST.

5.3. Small Order Fee of $25,- applies to orders under $500,-.

6. OWNERSHIP OF GOODS & RETENTION OF TITLE UNTIL PAID FOR

6.1. Ownership and property in the goods shall, notwithstanding delivery to the Buyer when payment in full (‘payment’) for the goods has been received by the Seller (whether or not the goods are delivered in instalments and some have been paid for by

the Buyer) and until such time the Buyer shall, by separate storage or some other means, ensure that the goods are readily identifiable as the property of the Seller and shall keep the goods as bailee for and on behalf of the Seller.

6.2. Payment shall become due immediately upon the commencement of any act or proceeding in relation to the Buyer’s insolvency or bankruptcy.

6.3. If payment is not made within three days of final demand in writing made by the Seller, without prejudice to any other remedies, the Seller may have to enter the premises where the goods are stored and re-take possession of the goods.

6.4. Notwithstanding the above, until the Seller has received full payment for the Goods, the Buyer shall be entitled to offer for sale and sell the goods in the ordinary course of businesses principal not agent, at the best obtainable price and will be legally and beneficially entitled to the proceeds of sale to the extent of any payment due to the Seller and the

Buyer must keep the proceeds of any such sale separate from its own money and account to the Seller for such proceeds according to the rules of common law.

6.5. Notwithstanding the above, all risk in the goods passes to the Buyer, who shall at his own expense insure the goods against any damage however caused and shall maintain such insurance until the ownership and property in the goods passes to the Buyer.

7. FREIGHT

7.1. Our Supply Terms are Free on Board (FOB) our warehouse in Brisbane, Melbourne & Perth. Please provide the name of your preferred freight company and your account number and we will arrange dispatch of goods.

8. FREE INTO STORE (FIS) POLICY

8.1. If you request a Free into Store delivery, we require a minimum order value purchase as per the table below. We deliver FIS to the following metropolitan areas:

Warehouse FIS Policy

State Postcode Range Min Order Value
QLD Metro 4000 – 4209 $2,000 ex GST
NSW Metro 2000 – 2249 $2,000 ex GST
VIC Metro 3000 – 3210 $2,000 ex GST
SA Metro 5000 – 5174 $2,000 ex GST
WA Metro 6000 – 6214 $2,000 ex GST

8.2. Our FIS policy does not extend to rural areas outside the above designated main city metropolitan delivery areas. If you are not sure whether your suburb belongs to a metropolitan area, please ring our Customer Service Department on: 07 3374 4544, or email: sales@pryme.net.au.

9. DELIVERY TIMES

9.1. Please allow 5 working days delivery time from order placement.

10. PPSA

10.1 In this clause, the terms “security agreement” and “security interest” have the same meaning as that given to them by the PPSA.

10.2 You agree that you will, if requested by Us, sign any documents, provide any information or do anything else We request, to ensure that any security interest created in Our favour by these Terms is, to the fullest extent possible under the PPSA, perfected in accordance with Part 2.2 of the PPSA.

10.3 You agree that, until any security interest created in Our favour by these Terms has been perfected, you will not register or permit to be registered or enter into any security agreement that allows any other party to register a security interest that may adversely affect the priority or enforceability of Our security interest.

10.4 In relation to security interests that are not used predominantly for personal, domestic or household purposes, section 115 of the PPSA allows the parties to contract out of certain provisions of the PPSA (“Removable Provisions”). To the extent that those Removable Provisions would have the effect of conferring rights on You or imposing obligations on us that You or We would not otherwise have had, they are hereby contracted out of and will not apply to any Agreement between You and Us or to any security interest created in Our favour. You also agree to waive Your right to receive a verification statement under section 157 of the PPSA or any notices under any of the provisions listed in section 144 of the PPSA.

10.5 Notwithstanding section 275 of the PPSA, You and We agree to keep confidential all information of the kind referred to in section 275, unless compelled by law to disclose such information.