Terms and Conditions
TRADING TERMS & CONDITIONS
MONDO GLOBAL PTY LTD
ABN 23 168 919 364
1 (a) Warnings: You (the customer) must ensure access to or use of Mondo Global Pty Ltd’s website is not illegal or prohibited by laws which apply to the Customer. Mondo Global takes no responsibility for any damage which may arise in connection with the use of Mondo Global’s website or for the content or privacy practises associated with those websites. The Customer must take its own precautions to ensure that the process in which the Customer employs for accessing Mondo Global website does not expose the Customer to risk of viruses, malicious computer code or other forms of interference which may damage the Customer’s computer system. Mondo Global’s have a privacy statement which outlines the use and disclosure of the Customer’s personal information.
1 (b) Terms: The terms apply to each contract for a supply of products by Mondo Global to the Customer and prevail over any purchase terms the Customer may issue. These terms are subject to any special offer by Mondo Global, or as Mondo Global may agree in writing. The Customer’s failure to acknowledge these terms is not evidence that these terms do not apply. Placing an order on the account number allocated by Mondo Global is acceptance of these terms. Mondo Global may change these terms without notice to the Customer before Mondo Global accepts their order.
1 (c) Products: Mondo Global does not need to give prior notice when changing its range of products.
1 (d) Orders: Mondo Global may have a minimum order requirement as stated in a current price list. A Customer’s order is subject to Mondo Global’s acceptance, and Mondo Global may decline an order in full or only in part. After Mondo Global accepts an order, the Customer may not cancel the order, or delay delivery, unless Mondo Global agrees in writing.
1 (e) Prices: Unless stated otherwise, prices stated in a current price list: (a) include usual packaging; (b) do not include GST; (c) exclude delivery to the Customer’s premises. Unless Mondo Global quoted a fixed price, it will invoice an order at current prices on the day of delivery, which prices may change without notice.
1 (f) GST: Mondo Global may recover from the Customer any GST for which Mondo Global becomes liable by its supply of product to the Customer.
1 (g) Tax invoice: On or as soon as practicable after a supply, Mondo Global will issue the Customer a tax invoice for that transaction. If the Customer disputes anything on the invoice, within 14 days of delivery the Customer must notify Mondo Global outlining reasonable details, failing which the Customer waives all rights to dispute that invoice.
1 (h) Date of payment: The Customer must pay Mondo Global its invoice on or by the due date shown on the invoice unless Mondo Global is then extending credit to the Customer the limit of which is not exceeded by that or any other outstanding invoice to the Customer.
1 (i) Overdue payment: If an invoice is not paid within time, Mondo Global may: (a) recover from the Customer interest at 15% per annum on the unpaid amount calculated on a daily basis from the due date until the date payment in full is made to Mondo Global; (b) reduce, suspend or terminate any credit account of the Customer; and / or (c) cancel or suspend delivery of other products yet to be delivered.
1 (j) Payments in gross: Unless Mondo Global agrees in writing, the Customer may not deduct from an invoice amount any set off, counterclaim, rebates asserted by the Customer or other sum (including taxes, charges).
1 (k) Credit account: Any credit Mondo Global extends to the Customer is on the basis of written information last provided to Mondo Global by or on behalf of the Customer. If that information changes materially, the Customer must within 2 working days advise Mondo Global in writing of the change (giving reasonable details). A credit account is personal to the Customer who applied for it, and not transferable to a third party. If Mondo Global is extending credit to the Customer, Mondo Global may reduce, suspend or terminate the credit facility at any time by notice to the Customer. A credit account terminates automatically if the Customer is reasonably believed by Mondo Global to be insolvent or to have ceased to trade, or if the Customer does not place an order with Mondo Global for 6 months. Within 7 days after being notified of a reduction / suspension / termination of the credit account, the Customer must pay to Mondo Global any amount owing to Mondo Global in excess of the current credit limit.
1 (l) Warranty: A description of products accords with Australian trade usage. A description of weight means weight when loaded for delivery. Packing or packaging is to usual Australian standards. Mondo Global warrants that product is of merchantable quality when delivered. Subject to applicable laws, Mondo Global does not give any other warranty or condition of supply.
1 (m) Supply: Mondo Global may supply less than a quantity ordered if unable to supply the full quantity. In that case, the unit sale price of the product remains the same. Mondo Global may supply an order by instalment, but if it fails to supply a particular instalment by a date specified, the Customer is not entitled to rescind the contract.
1 (n) Delivery: Mondo Global delivers products to the Customer but does not guarantee a particular delivery date or time. As Mondo Global may make delivery out of normal business hours, Mondo Global need not provide proof of delivery, unless the Customer made prior written request of proof of delivery.
1 (o) Containers: Trays and other containers used to deliver product to the Customer must be returned at the time of the next delivery and in any case within 30 days of delivery. Mondo Global may recover from the Customer the replacement cost of any containers so used that are lost, damaged or not returned.
1 (p) Risk of loss: Risk of loss / damage / deterioration in product passes from Mondo Global to the Customer when the product is delivered.
1 (q) Ownership: Ownership of product passes from Mondo Global to the Customer when the product is paid in full.
1 (r) On-sales: The Customer must not supply or sell product from Mondo Global not then in merchantable condition.
1 (s) Product recall: If Mondo Global recall any products, Mondo Global is liable for the costs of transport and replacement for the products recalled
1 (t) Short delivery: A claim that a delivery was short is not valid unless advised to Mondo Global (with reasonable details) by 10 am on the next working day after the delivery.
1 (u) Defective product: Subject to applicable laws: (a) a claim that product is defective for reasons that are Mondo Global’s responsibility is not valid unless advised to Mondo Global (with reasonable details) within 2 working days after the defect was first found; and (b) Mondo Global may decline a claim for defective product if the Customer does not take reasonable steps to preserve the product (or the balance of the delivery) pending an inspection by Mondo Global’s agent, if Mondo Global requires inspection.
1 (v) Liability: Subject to applicable laws, if products Mondo Global supplies are short or defective for reasons that are Mondo Global’s responsibility, Mondo Global’s total liability is limited to (at Mondo Global’s election) the prompt replacement of the product, or the supply of equivalent product. In no case is Mondo Global liable for any loss of revenue / profits / goodwill or any incidental, consequential or punitive damages as a result of any claim in connection with its supply of product. If Mondo Global is to replace product that is defective for reasons that are Mondo Global’s responsibility, Mondo Global resumes ownership of the original product and may collect it from the Customer.
1 (w) Seller’s rights: In addition to Mondo Global’s other rights, Mondo Global may suspend or cancel a contract and retake possession of products not paid for if the Customer is reasonably believed by Mondo Global to be insolvent or to have ceased to trade, or if the Customer is in default under any contract with Mondo Global. Mondo Global may set off any claim it has against the Customer against any claim the Customer may have against Mondo Global on the same or another contract. The Customer is liable to pay all costs or expenses Mondo Global takes no responsibility for any damage which may arise in connection with the use of Mondo Global’s website or for the content or privacy practises associated with those websites - incurs in recovering or attempting recovery of moneys owing by the Customer or in otherwise enforcing Mondo Global’s rights under a contract. Such costs may include legal costs on a solicitor / client basis.
1 (x) Indemnity: As a continuing obligation, the Customer indemnifies and holds harmless Mondo Global against a claim for any loss, damage, personal injury or death to the extent caused by the Customer’s or consumer’s improper storage, handling or use of product or any other reasons that are not Mondo Global’s responsibility.
1 (y) Force majeure: A party is not liable for a failure to perform a contract if their performance is prevented by a circumstance not within that party’s reasonable control.
1 (z) Jurisdiction: The laws in South Australia govern a contract.