Terms and Conditions

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PRVACY PROTECTION INFORMATION

Acknowledgement Consent

To: PRIMO MORAITIS FRESH PTY LTD (A.B.N. 80 122 180 929)

Notice and Acknowledgment that credit information May be given to a Credit Reporting Agency

I/We understand that section 18E(c) of the Privacy Act allows you to give a credit reporting agency certain personal information about me/us which I/we authorize you to do.

The information about me/us which I/we authorize you to do. The information which may be given is covered by section 18E (1) of the Act.

Authority to Obtain Credit Information

I/We authorize you to obtain from a credit reporting agency:

a credit report containing personal credit information about me/us for the purpose of assessing an application by me/us or my/our company/firm for commercial credit;
other information relating to our commercial credit activities;
a credit report containing personal information about me/us for the purpose of the collection of overdue payments in respect of commercial credit which you have provided to me/us or my/our company/firm;
a credit report containing personal credit information about me/us for the purpose of assessing whether to accept me/us as a guarantor.

Authority to Exchange Information with Other Credit Providers

I/We authorize you to give to and obtain from:

credit providers named in my/our credit application;
any agent of yours that is deemed to be a credit provider pursuant to section 11B(5) of the Act; and
any credit provider that may be named in a personal or commercial credit report issued by a credit reporting agency or a commercial reporting agency respectively.
Information about my/our personal or commercial credit arrangements which can include information about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act, 1988 and the information may be given and used for purposes that include the following:
- to assess an application by me/us for personal or commercial credit;
- to assist me/us avoid defaulting on my/our credit obligations;
- to notify other credit providers of a default by me/us;
- to assess my/our credit worthiness; and
- to assess my/our position if I/we fall into arrears.

STANDARD TERMS AND CONDITIONS OF TRADE

Interpretation
1. unless otherwise inconsistent with the context the word “person” shall also mean corporation;
2. “goods” shall include services.
3. Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
4. The company/companies” shall mean PRIMO MORAITIS FRESH PTY LTD (A.B.N. 80 122 180 929).
5. Every covenant, agreement or warranty expressed or implied in this agreement by which more persons than one covenant, agree or warrant shall bind such persons and every two or more of them jointly and each of them severally, unless otherwise, specifically provided and every covenant, agreement or warranty expressed or implied in this Agreement by which a person covenants, agrees or warrants in favor of more persons than one shall be enforceable by such persons and every two or more of them jointly and each of them severally unless otherwise specially provided
Delivery
1. The company/companies reserve the right to deliver by instalments and if delivery is made by instalments the purchaser shall not be entitled to terminate or cancel the contract.
2. Any quotation containing a provision to supply goods “ex stock” is subject to fulfilment or prior orders at the date of receipt of the purchaser’s order
Payment
1. Unless otherwise agreed in writing payment terms are as listed below.
2. This term as to the payment shall be of the essence of the contract.
3. Any amount not paid by the due date may at the discretion of the Company without any need for notice to you be subject to a daily interest charge of 10% per annum on the outstanding amount will be charged until paid.
4. You will be liable to reimburse the Company for all legal and collection costs incurred in connection with recovery of overdue payment.
Title
1. Notwithstanding the delivery of the goods or part thereof the goods remain the sole and absolute property of the company/companies as full legal and equitable owner until the purchaser shall have paid the company/companies the full purchase price together with the full price of any other goods the subject of any other contract with the company/companies.
2. The purchaser acknowledges that he/she receives possession of and holds goods delivered by the company/companies solely as bailee for the company/companies until the full price thereof is paid to the company/companies together with the full price of any other goods then the subject of any other contract with the company/companies.
3. Until the purchaser becomes the owner of the goods, he will; (a) store them on the premises separately;
  1. ensure that the goods are kept in good and serviceable condition;
  2. secure the goods from risk, damage and theft; and
  3. Keep the goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the purchaser.
4. 1. Until the goods are paid for in full, the company/companies authorises the purchaser to sell the goods as its agent. However, the purchaser shall not represent to any third parties that it is acting in any way for the company/companies. The company/companies will not be bound by any contracts with third parties to which the purchaser is a party.
  2. Records shall be kept by the purchaser of any goods owned by the company/companies. (c) The proceeds of any sale of the goods shall be paid to a separate account and held in trust for the company/companies. The purchaser shall account to the company/companies from this fund for the full price of the goods.
  3. The purchaser is entitled to a period of credit, but if prior to the expiration of the period to the period of credit the goods are sold and the proceeds of sale received the purchaser shall account forthwith to the company/companies for the price of the goods forthwith.
  4. Should the purchaser die, stop payment or call a meeting of its creditors or become solvent or subject to the bankruptcy laws or being a company calls a meeting for the purpose of or to go into liquidation or has a winding-up petition presented against it or has a receiver or administrator appointed, the company/companies may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract suspend or cancel this contract or require payment in cash before or on delivery or tender of goods or documents notwithstanding terms of payment previously specified or may repossess and take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
5. In the event that the purchaser uses the goods/product in some manufacturing or construction process of its own or some third party, then the purchaser shall hold such part of the proceeds of such
6. manufacturing or construction process as relates to the goods/product in trust for the company/companies. Such part shall be deemed to equal in dollar terms the amount owing by the purchaser to the company/companies at the time of the receipt of such proceeds.
7. If the purchaser does not pay for any goods on the due date then the company/companies is hereby irrevocably authorised by the purchaser to enter the purchaser’s premises (or any premises under the control of the purchaser or as agent of the purchaser in which the goods are store at such premises) and use reasonable force to take possession of the goods without liability for the tort trespass, negligence or payment of any compensation to the purchaser whatsoever.
8. On retaking possession of the goods, the company/companies may elect to refund to the purchaser any part payment that may have been made and to credit the purchaser’s account with the value of the goods less any charge for recovery of the goods, or to resell the goods.
Claims and Returns
1. The company/companies shall not be liable for any loss or damage whatsoever and howsoever arising whether direct indirect or consequential or in respect of any claim whenever and however made for any loss or damage deterioration deficiency or other fault or harm in the goods manufactured work executed or services provided by or on behalf of or in any arrangement with the company/companies or occasioned to the purchaser or any third or other party or to his or their property or interest and whether or not due to the negligence of the company/companies its servants or agents.
2. The exemptions, limitations, terms and conditions in these terms and conditions shall apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract.
3. Returns, for Primo Moraitis Fresh and Primo Moraitis Fresh product, sales are made on the basis of sale or return. Returns can only be authorised by a Primo Moraitis Fresh representative.
4. Important Notes:
  1. When placing a claim please ensure that Primo Moraitis Complaint form is filled out with all fields, copy of the form can be obtained from customerservice@pmfresh.com.au
  2. There are strict cut off times in place to ensure the credit procedure is efficient:
  3. 24 hours to place all distribution claims (short delivery, incorrect delivery or missing delivery etc.)
  4. 48 hours to place all quality claims (browning, pinking, sealing/packaging issues or foreign objects etc.)
  5. All claims must be filled out correctly to obtain a credit, any fields that are missing will be returned to sender with an email requesting the missing information. No claim can be placed without the relevant information provided.
  6. All claims must be lodged through Customer Service Team and should not be sent to Sales Managers or Accounts Department.
  7. Photo required for the following type of complaints, these must be attached before a claim can be placed
    1. Quality
    2. Short Shelf Life
    3. Sealing Issues
    4. Damaged Stocks
  8. Call 1800 725 237 if you require assistance lodging the claim or further information