Wholesale Terms & Conditions
All orders given and all Goods supplied by the Supplier to the Customer are supplied on and subject to the following Terms.
1. Definitions
1.1 In these terms and conditions:
“Contract” means any agreement between the Supplier and the Customer for the supply of the Goods;
“Customer” means any person, successors and administrators who have requested the supply of the Goods from the Supplier;
“Goods” means the goods supplied by the Supplier to the Customer;
“Himalayan Dog Treats Australia” means Annavah Folly Pty Ltd ABN 89 660 069 572
“order” means any request for the supply of Goods received by the Supplier from the Customer;
“Price” means the amount payable by the Customer to the Supplier for the Goods;
“Supplier” means Himalayan Dog Treats Australia together with each of its wholly owned subsidiaries, related bodies corporate and assignors;
“Terms” means these terms and conditions as amended by the Supplier from time to time.
1.2 In these Terms unless the context otherwise requires:
(a) the singular includes the plural and vice versa and each gender includes each other gender;
(b) headings are included for convenience only and do not affect the interpretation of these Terms;
(c) reference to a person includes any other entity recognised by law and vice versa.
2. General
2.1 These Terms supersede any prior agreement, arrangement or understanding and may only be varied in writing by the Supplier.
2.2 Each order will be upon and subject to these Terms and to the exclusion of all other terms and conditions including any terms and conditions contained in any order or other document of the Customer unless expressly agreed by the Supplier in writing. By receiving delivery and/or supply of all or a portion of the Goods, the Customer will be deemed to have accepted these Terms.
2.3 All terms, conditions, representations and warranties expressed or implied by statute, the common law, equity, trade, custom or usage or otherwise are expressly excluded to the maximum extent permitted by law.
3. Orders / Contract
3.1 The placing of an order by the Customer shall be an offer to purchase (in accordance with these Terms) which may be accepted by the Supplier. The Customer’s order may be written or verbal and may consist of a standing order or may be made from time to time.
3.2 The Customer will not be entitled to cancel or refuse delivery of, or payment for, any order accepted by the Supplier.
4. Price
4.1 All Goods are sold to the Customer at the Supplier’s prevailing price on the day of despatch as identified in the relevant tax invoice.
4.2 The Supplier reserves the absolute right to vary or amend prices quoted in relation to future orders placed for the Goods.
4.3 The Supplier reserves the right in its absolute discretion to change the Price at any time and without any prior notice to the Customer. Prices quoted in any Supplier price list are suggested prices only and may be changed by the Supplier without notice.
4.4 All Prices displayed on this website are inclusive of any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (GST). GST or other government imposts shall be payable by the Customer and the Customer shall indemnify the Supplier in respect of any GST or other charges which may be payable as a result of any supply of Goods to the Customer. Any GST amount will be separately identified on all tax invoices.
5. Payment
5.1 Unless otherwise agreed in writing by the Supplier, the Customer must pay for the Goods at the time of placing the order.
6. Delivery and Supply
6.1 The Supplier reserves the right to stop supply at any time if the Customer fails to comply with these Terms.
6.2 Delivery will be made to the place notified by the Customer when placing the order. The Customer is responsible for ensuring the delivery address is correct. In the event that the delivery address is incorrect, the Customer shall be responsible for any costs incurred by the Supplier in having the Goods returned to them, and further, for additional costs in delivering to the correct address.
6.3 The Supplier will make reasonable efforts to deliver the Goods within a reasonable time from the date of the order and to the place designated by the Customer.
6.4 Any times quoted for delivery and/or supply are estimates only and the Supplier shall not be liable for failure to deliver/supply or for delay in delivery/supply of the Goods. The Customer shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery/supply.
7. Condition of Goods and Short Delivery
7.1 Any claim for any defect in the Goods or that the Goods are not in accordance with the order must be notified (in writing or by telephone) to the Supplier within 24 hours after the delivery of those Goods. Otherwise, the Goods will be deemed to be in accordance with the order and free of any defects whatsoever.
8. Return of Goods
8.1 The Supplier is not bound to accept return of any Goods from the Customer and subject to clause 10.3 the Supplier is not bound to refund any money to the Customer.
8.2 No Goods are to be returned to the Supplier without the Supplier’s written consent in which case the Goods must be returned to the Supplier in accordance with any procedures notified by the Supplier to the Customer.
9. Goods Sold
All Goods are as described on the order placed via this website and the description prevails over all other descriptions including any specifications or enquiry by the Customer.
10. Exclusion of Liability
10.1 The Supplier will not be liable for any claim, loss, damage, expense or injury of any kind or nature suffered or incurred by the Customer (directly or indirectly), or any other person, arising out of or in connection with, the supply of the Goods or these Terms (including, without limitation, liability due to negligence or wilful default of the Supplier and any delay in delivery).
10.2 The Customer agrees to keep the Supplier indemnified against any claim, liability, damage, expense or cost resulting from or connected to the Goods whether or not the Goods are defective.
10.3 To the extent that these Terms cannot by law operate to exclude the liability of the Supplier for any claim, loss or damage, defect, expense or injury, the liability of the Supplier arising from or in connection with the supply of the Goods and these Terms is limited, at the election of the Supplier, either to replacement of the Goods or refund of the Price paid by the Customer for the affected Goods.
11. Risk
11.1 Risk in the Goods and the risk of deterioration shall pass to the Customer immediately upon delivery. From delivery the Customer must properly handle and store the Goods so as to minimise deterioration.
12. Other
12.1 The Supplier’s right are cumulative and additional to any other rights of the Supplier whether express or implied by contract or by law. No delay or failure by the Supplier to enforce any of its right is a waiver of that right. Any waiver by the Supplier of any term or breach of these Terms is not to be taken as a continuing waiver, and is capable of being revoked at the discretion of the Supplier.
12.2 These Terms, and each Contract including them, are governed by the laws of the State of New South Wales. The parties submit to the jurisdiction of the courts in the State of New South Wales.
12.3 The Customer shall not be entitled to set-off any amount whatsoever against the Supplier notwithstanding any default or alleged default by the Supplier of these Terms including the supply of allegedly defective Goods.
12.4 The Supplier reserves the right to vary these Terms at any time without notification to the Customer and without the Customer’s consent.
12.5 The Supplier may assign or otherwise deal with any or all of its rights and obligations to the Customer without the Customer’s consent.
12.6 In the event of any inconsistency between these Terms and any other document, agreement or understanding as between the parties, these Terms will prevail.
12.7 If any part of these terms are held to be illegal or unenforceable that clause or part shall be severed with the remaining clauses or parts remaining in full force.