The customer applies for a credit account to be operated by Ring Side Sports Pty Ltd in the Customer’s name as set out in the application for credit and agrees to the following terms and conditions (“Credit Terms”):
1. Purpose for which credit is available
Subject to paragraph 2, credit (if approved) will be made available to the Customer for the purpose of the purchase of Goods by the Customer from Ring Side Sports Pty Ltd subject to the Sales Conditions.
2. Terms and Conditions governing a supply of Goods
2.1 The Customer may order Goods from Ring Side Sports Pty Ltd either in writing, by telephone or by electronic means.
2.2 An order for Goods constitutes an offer to purchase the Goods by the Customer subject to the Sales Conditions. Each order must nominate a business address as a delivery point for the Goods.
2.3 Ring Side Sports Pty Ltd may at its discretion decline or delay any order at any time and will not be held liable for consequential damages.
2.4 Ring Side Sports Pty Ltd may from time to time at its discretion vary the Sales Conditions. (Updates will appear on www.punchequipment.com)
2.5 The price of Goods compromised in an order is to be calculated by reference to Ring Side Sports Pty Ltd current price list and such other terms as may be agreed by the Customer and AAA Wholesalers from time to time.
2.6 Acceptance of an order by Ring Side Sports Pty Ltd takes effect on delivery (and not before) by Ring Side Sports Pty Ltd of the subject Goods to the delivery point nominated in the order. Upon delivery, the Sales Conditions take effect.
2.7 Ring Side Sports Pty Ltd does not undertake to deliver the Goods contained in an order on any particular date or at any particular time notwithstanding a request by the Customer accordingly.
3. Credit Terms
Credit Terms are as approved by Ring Side Sports Pty Ltd at its absolute discretion and notified to the Customer pursuant to the Customer’s application. Ring Side Sports Pty Ltd may vary the Credit Terms (including the withdrawal of credit) at any time and will notify the Customer accordingly.
4. Credit Reports
Each of the Customer and each person signing as guarantor of the Customer’s obligations under this credit application (each a “Guarantor”) acknowledges and agrees that Ring Side Sports Pty Ltd and any related bodies corporate:
(a) may give certain information about them to a credit reporting agency or other credit providers to the Customer in order to obtain a credit report about them. (The information which may be given is covered by s18E(1) of the Privacy Act 1988 (Act) and may include, as relevant, identity particulars and the fact that the Customer has applied for credit or the Guarantor has offered to act as a guarantor); and
(b) may, in assessing whether to grant the Customer’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain information about them from a credit reporting agency or another credit provider and may give information about them to another credit provider. (The information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Act to obtain or receive); and
(c) without limited clauses 4(a) and (b) may, if Ring Side Sports Pty Ltd considers it relevant to assessing whether to grant the Customer’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain personal credit information, or a credit report containing personal credit information about them from a credit reporting agency or another credit provider and may give personal credit information about them to another credit provider.
5. Retention of Title
5.1 The risk in the Goods passes to the Customer on delivery to the Customer or into custody on the Customer’s behalf provided that if the Customer fails to accept delivery or requests a delay in delivery, risks to the Goods will be borne by the Customer from the time of such failure or request (as the case may be) and the Customer indemnifies Ring Side Sports Pty Ltd from any claim, loss or expense whatsoever arising from the Customer’s failure or request.
5.2 Property in and title to the Goods supplied by Ring Side Sports Pty Ltd to the Customer remains with Ring Side Sports Pty Ltd until the Customer has paid Ring Side Sports Pty Ltd both the purchase price for the Goods and any other money that the Customer may owe to Ring Side Sports Pty Ltd (or its related entities) at any time on any account.
5.3 The Customer may seel or otherwise dispose of the Goods supplied by AAA Wholesalers in the ordinary course of the Customer’s business.
5.4 Where the Customer disposes of the Goods before payment to Ring Side Sports Pty Ltd, the sale proceeds of such disposal are the property of Ring Side Sports Pty Ltd and the Customer holds the proceeds on trust for Ring Side Sports Pty Ltd. Further, the Customer, in disposing of the Goods before payment to Ring Side Sports Pty Ltd, does so as Ring Side Sports Pty Ltd’s fiduciary agent.
5.5 Ring Side Sports Pty Ltd may enter the Customer’s premises or elsewhere within business hours and seize any Goods which have not been paid for by the due date without Ring Side Sports Pty Ltd having to give notice to the Customer and the Customer waives the right to receive any statutory or PPSA notice.
6. Charging clause:
6.1 The Customer:
(a) Grants to Ring Side Sports Pty Ltd a security interest in all of the Customer’s present and after acquired property and all of the Customer’s present and future rights in relation to any personal property (“Personal Property”); and
(b) Charges all of the Customer’s present and future interests in, and all of the Customer’s present and future rights in relation to , any land and any other property, other than any Personal Property to which the Personal Property Securities Act 2009 applies (PPSA), in favour of Ring Side Sports Pty Ltd as security for:
(i) The payment or delivery of all amounts of any nature which the Customer (whether alone, or jointly, or jointly and severally with any other person) is, or may at any time become, liable (whether actually or contingently) to pay or deliver to Ring Side Sports Pty Ltd.
(c) The security interest granted in Personal Property has the same priority in relation to all Secured Money, including future advances.
If any amount due and payable by the Customer:
(a) Under the Sales Conditions or Credit Terms; or
(b) To any related body corporate of Ring Side Sports Pty Ltd,
Is not paid on time, all amounts actually or contingently owing under the Sales Conditions and Credit Terms, whether or not due and payable, become immediately due and payable.
If the Customer:
(a) Breaches the Credit Terms or Sales Conditions; or
(b) Makes any false representation (whether by act or omission) in respect of the Customer’s application for credit, including any false representation (whether by act or omission) in relation to the Customer’s financial position; then, without limiting any other rights of Ring Side Sports Pty Ltd, Ring Side Sports Pty Ltd may:
(i) Terminate the Credit Terms; and/or
(ii) Refuse to supply any Goods to the Customer.
9. Other documentation
The Customer expressly agrees and acknowledges that it is a condition of Ring Side Sports Pty Ltd approving the Customer’s application for credit that any supply of Goods by Ring Side Sports Pty Ltd is subject only to the Sales Conditions. In no circumstances may the Customer introduce or attempt to introduce contractual terms governing such supply which are inconsistent with the Sales Conditions.
The Customer has read and agrees to the Credit Terms and warrants that all information provided by the Customer to Ring Side Sports Pty Ltd is true, complete and correct. The Customer requests Ring Side Sports Pty Ltd to accept this credit application and upon acceptance by Ring Side Sports Pty Ltd the Customer agrees to be bound by these Credit Terms and Sales Conditions. AAA Wholesalers ABN: 89 100 459 130 Urban Holdings Pty Ltd ABN: 69 125 043 410
Ring Side Sports Pty Ltd will supply Goods to the Customer on the following Sales Conditions unless otherwise notified or agreed by Ring Side Sports Pty Ltd in writing.
In these Sales Conditions:
“Containers” means any containers, pallets or crates used for the delivery of Goods, but excludes any cardboard packaging.
“Customer” means the purchaser of the Goods set out in the invoice or credit application.
“Goods” means the Goods delivered by Ring Side Sports Pty Ltd to the Customer
“GST” means a tax, levy, duty, charge, or deduction together with any related additional tax, interest, penalty, fine or other charge imposed by or under the GST Act.
“GST Act” is a reference to A New Tax System (Goods and Services Tax) Act 1999 as amended.
“Invoice” means the document which may be provided to the Customer on or after delivery of the Goods describing those Goods, their price and which may contain these Sales Conditions.
“Laws” means the common law and the laws of the Australian Commonwealth, State or Territory legislation.
“Purchase Price” means the price to be paid for the Goods as shown on the Invoice calculated by reference to Ring Side Sports Pty Ltd’s current price list for the Customer and such other terms as may be agreed by the Customer and Ring Side Sports Pty Ltd from time to time subject to conditions 2.2. The Purchase Price is inclusive of GST.
“Taxable Supply” has the meaning given in the GST Act.
2. PRICE OF GOODS
2.1 Price Inclusive
Unless otherwise agreed or required by law, the Purchase Price includes: any sales tax, GST, duty or other impost (other than income tax) on the sale of the Goods; delivery and standard packing for delivery.
2.2 Variation of Price
Ring Side Sports Pty Ltd may vary the price of the Goods at any time in its discretion but will use its reasonable endeavours to provide the Customer with prior written notice of any price increase.
3.1 Method and Loss or Damage
Unless otherwise agreed, Ring Side Sports Pty Ltd may select the method of delivery and the carrier and is not liable for any loss or damage of any kind whatsoever arising from late delivery.
The Customer acknowledges and agrees that time is not of the essence in relation to delivery and that it must accept and pay for Goods even if the Goods are delivered after the requested date.
Ring Side Sports Pty Ltd may deliver the Goods in instalments and the Customer must pay an amount for that instalment as notified by Ring Side Sports Pty Ltd in the invoice. If Ring Side Sports Pty Ltd fails to deliver any instalment the Customer must still accept and pay for the balance of the Goods delivered. If the Customer fails to pay for any instalment Ring Side Sports Pty Ltd may at its absolute discretion; refuse to deliver any further instalments until all amounts payable, whether due or not, are paid; or terminate the agreement for the supply of the Goods and recover damages.
(a) Containers owned by Ring Side Sports Pty Ltd at all times remain the property of Ring Side Sports Pty Ltd. Ring Side Sports Pty Ltd retains the right of possession of any containers not owned by it. Property to the Containers does not pass to the Customer in any circumstances.
(b) All Containers are delivered to the Customer at its risk and the Customer must ensure that the Containers are: kept clean; not damaged; and are returned (at the request of Ring Side Sports Pty Ltd) to AAA Wholesalers, or such other person as Ring Side Sports Pty Ltd may request, in good condition.
(c) Ring Side Sports Pty Ltd will keep a record of the number and type of Containers delivered to the Customer (which the Customer agrees will be conclusive evidence of the number and type) and may charge the Customer for the replacement cost or such lesser amount determined by Ring Side Sports Pty Ltd for each Container not returned or damaged by the Customer.
(d) The Customer indemnifies Ring Side Sports Pty Ltd against and must pay Ring Side Sports Pty Ltd on demand the amount of all losses, liabilities and expenses arising out of or in connection with the possession or use of all Containers (delivered by AAA Wholesalers Pty Ltd and/or Urban Holdings Pty Ltd) by the Customer. For the purpose of this indemnity, the Customer is deemed to be in possession of a Container from the time of delivery by Ring Side Sports Pty Ltd until Ring Side Sports Pty Ltd or the owner of the Container physically resumes possession.
4. PAYMENT AND CREDIT
4.1 Credit Terms
If the Customer has the continuing credit approval of Ring Side Sports Pty Ltd, the Customer must pay the Purchase Price in conformity with the Customer’s credit terms into a bank account nominated by Ring Side Sports Pty Ltd, unless otherwise agreed by Ring Side Sports Pty Ltd.
If there is any dispute in relation to the Purchase Price, the Customer must notify Ring Side Sports Pty Ltd the reasons for the dispute within 48 hours of the date of the Invoice and must pay the undisputed amount of the Purchase Price.
4.3 Non-Payment Consequences
(a) If payment is not made when due, Ring Side Sports Pty Ltd may: withdraw any credit; not supply further Goods; and charge interest on all amounts owing by the Customer to Ring Side Sports Pty Ltd on a daily basis at current unsecured commercial lending rate plus 1% OR an overdue account keeping fee of $25 per month plus GST, whichever is greater until payment is made. Interest or admin charge is payable once the account exceeds settlement terms by 5 business days. The Purchaser will also pay to Ring Side Sports Pty Ltd upon demand an amount equal to the amount of any additional GST that may become payable by the Supplier as a result of the Customer’s non payment.
(b) Should the Customer default in the payment of any monies due to Ring Side Sports Pty Ltd, then the total of all monies due to Ring Side Sports Pty Ltd by the Customer will immediately become due and payable. The Customer will pay or reimburse any expenses, costs or disbursements incurred or paid by Ring Side Sports Pty Ltd in recovering outstanding monies including bank charges, administration costs, debt collection agency fees and commissions and solicitors costs.
5. PAYMENT OF GST
5.1 Customer Liable for all GST
In addition to any GST included in the Purchase Price of the Goods, the Customer must pay to Ring Side Sports Pty Ltd on demand any GST payable in relation to any other Taxable Supplies which is subject to these conditions.
5.2 Apportionment of Payment
If any part of the Purchase Price is referrable to both a Taxable Supply and anything that is not a Taxable Supply, the GST exclusive portion of the Purchase Price will be determined by Ring Side Sports Pty Ltd.
6. RIGHT OF ENTRY
The Customer must, without requiring prior statutory or PPSA notice, permit representatives of Ring Side Sports Pty Ltd to enter any premises under the control of the Customer where the Goods are held, for the purpose of inspecting the premises and the Goods to check that the Customer is complying with these Sales Conditions.
7.1 Retaking Possession
If: (a) the Customer fails to pay any of the Amount Due; or
(b) the Customer becomes or, in the reasonable opinion of Ring Side Sports Pty Ltd, is in danger of becoming, insolvent or bankrupt, Ring Side Sports Pty Ltd may retake possession of the Goods.
8. Warranties, limitation & Exclusions and Indemnity
8.1 Exclusion of Warranties
Subject to condition 8.2 and to the extent permitted by law, Ring Side Sports Pty Ltd excludes all warranties, conditions, liabilities or representations in relation to the Goods or the correctness of information, advice or other services concerning the Goods or otherwise.
8.2 Limitation of Liability
Where legislation implies in these Sales Conditions any condition or warranty which cannot be excluded or modified, the condition or warranty is deemed to be included in these Sales Conditions. However, to the extent permitted by AAA Wholesalers ABN: 89 100 459 130 Urban Holdings Pty Ltd ABN: 69 125 043 410
law, the liability of Ring Side Sports Pty Ltd and its officers, employees or agents for a breach of any such condition or warranty is limited, at Ring Side Sports Pty Ltd’s option, to any one or more of the following:
(a) The replacement (from any source) of those Goods or the supply of equivalent Goods;
(b) The payment of the costs of replacing those Goods or of acquiring equivalent Goods, by credit to the Customer’s account, in cash or by cheque at Ring Side Sports Pty Ltd’s absolute discretion.
8.3 No Liability
Subject to condition 8.2, Ring Side Sports Pty Ltd, its officers, employees or agents are not liable for any loss or damage of any kind whatsoever, including, without limitation, consequential or economic loss or loss of profits, even if due to the negligence of Ring Side Sports Pty Ltd, its officers, employees or agents arising out of or in connection with the supply of Goods. This exclusion extends to any promotional activities, advertising, statement about the Goods or their performance or characteristics of or by the Customer.
8.4 Warranties by the Customer
The Customer warrants that it:
(a) will not make any unauthorised use of or any claim to, intellectual or industrial property which pertains to the Goods or is the property of Ring Side Sports Pty Ltd;
(b) will handle and store Containers safely, with due care and in accordance with occupational or public health and safety requirements.
(c) Will secure the goods appropriately at all times and keep them fully insured for fire, theft and general loss.
9.0 FORCE MAJEURE
9.1 Force Majeure Events
Ring Side Sports Pty Ltd may suspend delivery or reduce the amount to be delivered if Ring Side Sports Pty Ltd is unable to deliver the Goods by reason of circumstances beyond its reasonable control, including (without limitation) strikes, lockouts, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any government, government authority or instrumentality.
9.2 Right of Termination
If the effects of the force majeure event continue for more than one calendar month, Ring Side Sports Pty Ltd at its absolute discretion may terminate the agreement for supply of Goods to which these terms and conditions apply.
9.3 No Claim for losses on consequential damages
The Customer will have no claim against Ring Side Sports Pty Ltd for any damages, loss or costs.
10 ALTERATION TO RANGE
Ring Side Sports Pty Ltd reserves the right, at its absolute discretion, to add to or remove from the range of products, including the Goods, supplied by Ring Side Sports Pty Ltd, and may do so at any time without notice to the Customer.
Any provision in these Sales Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise the provision may be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Sales Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
11.2 Sales Conditions Prevail
As between Ring Side Sports Pty Ltd and the Customer, if there is any inconsistency (whether expressly referred to or to be implied from these Sales Conditions or otherwise) between the provisions of these Sales Conditions and those of any document of the Customer, the provisions of these Sales Conditions prevail to the extent of the inconsistency.
11.3 Variation to Sales Conditions
Ring Side Sports Pty Ltd may from time to time at its absolute discretion vary the Sales Conditions.
11.4 Governing Law
Ring Side Sports Pty Ltd and the Customer accept the law of Queensland as the proper law of the agreement and agree to submit to the non-exclusive jurisdiction of the Courts in Queensland and any court hearing appeals from those Courts. AAA Wholesalers ABN: 89 100 459 130 Urban Holdings Pty Ltd ABN: 69 125 043 410
11.5 Retrospective Pricing
Ring Side Sports Pty Ltd will not accept or enter into any claims for retrospective pricing or compensation for its price changes. Prices may change without notice – check your invoice for current pricing.
Where the debt remains outside account terms and/or due date the Company may charge interest at current unsecured commercial lending rate plus 1% OR an overdue account keeping fee of $25 per month plus GST, whichever is greater. Interest or admin charge is payable once the account exceeds settlement terms by 5 business days.
13 Intellectual Property
No Intellectual Property rights are implied upon receipt of signed terms and conditions. (Separate application and payment required)
14 Internet Policy
Ring Side Sports Pty Ltd reserve the right to only supply retailers that have a full time retail address not online presence only.
15 Restocking Fee
Goods cannot be returned without prior arrangement and a return number being issued. 20% will be deducted off the invoice value as a restocking fee. For simple change of mind returns a balance will only be credited to your account. There will be no cash refunds. Freight is fully the responsibility and cost of the customer for any return. Only undamaged “as new” in original packaging product can be returned with no foreign pricing or stickers. Goods returned after 24 days – No credit allowed
16 Consequential Damages
Ring Side Sports Pty Ltd, its Employees and Agents are expressly not and will not be held responsible for any indirect or consequential damages.
17 Errors and Omissions
The account holder agrees to account adjustment on all errors & omissions on invoicing or packing by way of a credit/debit adjustment being issued to rectify the error or omission or over supply of goods.