Alternative Species Legal

Trade Account Application Form

This Trade Account Application Form will prevail and take precedence over any terms and conditions provided by the Customer, and such terms and conditions will have no legal effect and will not constitute part of these Terms and Conditions (even if Alternative Species accepts or fulfils the Customer’s Order).

DEFINITIONS AND INTERPRETATION

In this agreement:

  1. Customer means the party named as the applicant in this credit application

  2. Goods are items in an order and include packaging and services

  3. Order is an order placed by you to purchase goods from Alternative Species, whether in writing or orally

THE AGREEMENT

This agreement is a contract between you and ALTERNATIVE SPECIES PTY LTD (ABN: 18 661 012 880. ACN: 661 012 880) trading as SAKECELLARS. An agreement exists once Alternative Species accepts an Order from you which occurs when your order and payment are accepted.

The Customer agrees that the following terms and conditions of sale have been read and understood and redeemed to be incorporated in every contract for the supply of goods between Alternative Species and the Customer.

This Trade Account agreement shall apply to the exclusion of all others, including any terms and conditions of the customer, with the exception of any terms and conditions necessarily implied by statute.

CUSTOMER APPLICATION

Accurate information – Information provided by you in your application must be accurate and complete. You must inform Alternative Species if there is a change to your details.

ORDERS

Orders may be placed by completing a wholesale order form which will be provided at the execution and approval of this Trade Account agreement. All orders are to be emailed to sales@alternativespecies.com.au.

Your order is binding on you once it is placed with us.

Alternative Species will not process orders or hold stock for any existing Retailer who has an outstanding account.

DELIVERY

Alternative Species will deliver the Goods to you at the Delivery Address within the time agreed with you. The delivery address is the address where the goods are to be delivered as stated on the order.

As we cannot anticipate or control the conditions under which the goods we sell will be used, Alternative Species cannot be responsible for damages of any nature resulting from the use of and/or reliance on the delivery of our goods. No expressed or implied warranties are given other than those implied mandatorily by Commonwealth, State or Territory legislation. No goods will be supplied by Alternative Species on any terms or conditions other than those set out herein and by taking delivery of goods the Customer is deemed to be bound by these terms and conditions stated in this Trade Account agreement.

Any times quoted for the delivery of goods are estimates only and Alternative Species is not subject to any liability whatsoever for a failure to deliver or for the delay in delivery arising from any cause whatsoever. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or dispatch. Alternative Species reserves the right to deliver in instalments and each such instalment is deemed to be sold under a separate invoice. Failure to deliver any instalment does not entitle the Customer to repudiate, rescind or terminate the contract.

All Goods must be checked on delivery. The Customer is deemed to have accepted any Goods delivered as being in conformity with the Customer’s order and merchantable quality unless the Customer notifies Alternative Species in

writing within three (3) business days of delivery. For a credit note to be issued by Alternative Species against damaged goods, proof will be required. Returning the damaged product or providing photos of the damaged product to Alternative Species is deemed sufficient proof.

MINIMUM ORDER REQUIREMENTS

There is a minimum order value of $220 (incl. GST) for any wholesale customers.

SHIPPING

Your order will usually be shipped by either Australia Post or Alternative Species from Alternative Species’ Melbourne warehouse, however, other delivery services may be used as necessary.

Lead times - Please allow 1 – 5 working days for delivery depending on your location.

Most orders will be appropriated for shipping to be ready for the Goods to be dispatched within 1 business day of ordering.

Orders are subject to verification and approval before shipping and may take up to 48 hours to process. Please note that we do not ship on Saturdays, Sundays or public holidays. While we will do all we can to ensure your order is delivered on time, Alternative Species cannot be held responsible for conditions beyond our control such as severe weather, service interruptions, etc.

In cases of extreme weather, your order may be delayed to ensure it can be delivered in good condition.

PRICING

All prices and terms quoted by Alternative Species are based on the cost prevailing at the date of quotation; such prices are subject to change at any time. However, the price specified on the price list is the price that is, unless otherwise stated, inclusive of Wine Equalisation Tax (WET), where applicable, and is exclusive of Goods and Services Tax (GST). You must pay GST at the same time and in the same manner as the consideration for the goods. If an item becomes out of stock prior to delivery, we will contact you by email or phone to let you know and will recommend an alternative where available.

PAYMENT

Payment is to be made within the agreed payment terms as indicated on the invoice.

A statement stating the sum due and owing by the Customer to Alternative Species at the date specified in the statement is prima facie evidence that the sum is due and owing at that date. If the Customer makes default on any payment or otherwise fails to fulfil the terms of this or any other contract with Alternative Species, or, if the Customer stops payment or calls a meeting of creditors or becomes insolvent or subject to bankruptcy laws, or as a company calls a meeting for the purpose of going into liquidation, or has a winding up petition presented against it, or has a receiver appointed to any of its assets, Alternative Species reserves the right to suspend or cancel any existing contracts between Alternative Species and the Customer, or require payment in cash prior to the delivery of the goods, notwithstanding the specified payment terms, or may take over the goods and dispose of them without prejudice to any claim for damages from the Customer for any loss resulting from such resale or otherwise.

Credit card payments can be made through PayPal but will incur a 3% surcharge of the total invoiced amount. If this method is preferred, you will be sent a payment request through PayPal to complete the transaction for the amount owing.

If you are on prepaid terms, full payment will need to be made before the order can be dispatched.

INDEMNITY

The Customer shall indemnify and keep indemnified and hold Alternative Species harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Alternative Species, and from and against all actions, proceedings, claims or demands made against Alternative Species, arising from one or more of the following:

  1. As a result of the customer’s failure to comply with any laws, rules, standards or regulations applicable in relation to the goods or the use of the goods;

  2. As a result of any other negligence, breach of contract or other breaches of duty by the customer;

  3. As a result of Alternative Species adhering to instructions that the customer has given Alternative Species about the goods.

INTEREST - OVERDUE PAYMENT

Interest charges at the rate of 2% per month will be charged on all overdue amounts and such interest is recoverable as a liquidated debt. A Late payment Account keeping fee of $5 per month will be charged on any amount that is overdue on the Customer’s monthly statement.

The Customer is liable for any expenses, including all legal expenses, incurred in connection with the recovery of any overdue amounts and these expenses are recoverable as a liquidated debt.

DISHONOUR FEE

If the Customer makes payment to Alternative Species by way of cheque or other negotiable instruments, which is not honoured upon presentation for whatever reason, Alternative Species may charge the Customer an administration fee of

$50.00 together with any further fee that is incurred by Alternative Species.

CREDIT TERMS

The Customer acknowledges that Alternative Species may vary or terminate credit terms to the Customer at any time without notice. Alternative Species is not liable to the Customer for any loss or damage that the Customer suffers as a result of Alternative Species cancelling credit terms or by refusing to supply goods. Upon credit terms being cancelled, all amounts, including interest, owed by the Customer to Alternative Species become immediately due and payable.

All contracts are subject to the credit approval of the Customer by Alternative Species.

CHANGE OF DETAILS

The Customer must immediately inform Alternative Species in writing of any change of contact details in the ownership operation, legal entity or structure of the Customer’s business or of any change in the information provided in this application. Until such notification is received by Alternative Species, the liability for any unpaid amounts remains with the Customer as disclosed in the application.

RETURNS

Returned Goods will not be accepted by Alternative Species without Alternative Species' prior authorisation. Refunds and/or exchanges will only be provided if an order has been fulfilled incorrectly.

Due to the nature of the product, refunds can generally not be offered in any other circumstances.

While all care is taken in the packaging and delivery of your product, Alternative Species cannot always guarantee the condition in which it arrives. This may be reviewed on a case-by-case basis.

TERMINATION

Alternative Species may terminate or suspend this Agreement at any time by delivering notice advising you that your shopping privileges have been removed. Termination of this Agreement is effective the day the notice is received or such a later date as specified in the notice.