Terms & Conditions
All wholesale goods supplied by and any services provided by ZT Wholesale Solutions Pty Ltd trading as ZT Wholesale Solutions Pty Ltd are on the following General Terms and Conditions of Trade unless otherwise expressly agreed to in writing between ZT Wholesale Solutions Pty Ltd trading as ZT Wholesale Solutions and the Customer.
In these Terms and Conditions of Trade (“Agreement”) the following words have the following definitions:
- “ZT Wholesale Solutions Pty Ltd” means ZT Wholesale Solutions Pty Ltd of 6/50 Montague St Wollongong NSW 2500.
- “Business Day” means any day in which banks in the capital city of the state of New South Wales are open.
- “Collateral” has the same meaning as set out in the PPSA;
- “Contract” means the agreement formed when the Customer completes the Application for Credit Account and includes the Application for Credit Account, these Standard Terms and Conditions, and the Deed of Personal Guarantee and Indemnity;
- “Credit Information” means financial and other documents that ZT Wholesale Solutions Pty Ltd may request from the Customer pursuant to this Contract;
- “Customer” means a person, corporation, firm, trust or body who acquires Goods and Services from ZT Wholesale Solutions Pty Ltd under this Contract;
- “Customer Matter” means a request from the Customer;
- “Delivery” means the loading of the Goods upon a transport vehicle at ZT Wholesale Solutions Pty Ltd.’s nominated distribution centre.
- “Demand” means an account, bill, invoice or other notice in writing of amounts due and payable by the Customer to ZT Wholesale Solutions Pty Ltd;
- “Goods and Services” means any Goods for sale, and or services offered, by ZT Wholesale Solutions Pty Ltd to Customers which are listed in price books or price lists available from ZT Wholesale Solutions Pty Ltd (subject to availability);
- “Grantor” means the Customer and has the same meaning as set out in the PPSA;
- “GST” means the goods and services tax levied on any supply made to the Customer by ZT Wholesale Solutions Pty Ltd under the A New Tax System (a Goods and Services Tax) Act 1999 as amended from time to time, or any similar tax resulting in an increase in the tax payable on the supply of goods by ZT Wholesale Solutions Pty Ltd to the Customer (including supply of any Charge Through Items).
- “Guarantor” is the Person described in the Guarantee and Indemnity (as required);
- “Invoice” means an invoice issued by ZT Wholesale Solutions Pty Ltd and requiring payment for Goods and Services provided pursuant to the Contract.
- “ZT Wholesale Solutions Pty Ltd” means ZT Wholesale Solutions Pty Ltd ACN 609 406 313 of 6/50 Montague Street Wollongong NSW 2500.
- “Parties” means ZT Wholesale Solutions Pty Ltd, the Customer and the Guarantor(s).
- “Person” includes a natural person, company, firm, partnership, incorporated association, trust and any other legal entity;
- “PPSA” means Personal Property Securities Act 2009 (Cth);
- “PPSR” means Personal Property and Securities Register;
- “Secured Party” means ZT Wholesale Solutions Pty Ltd, and means the same as set out in the PPSA;
- “Secured Property” means the Goods and Services described in the Invoice, and has the same meaning as set out in the PPSA;
- “Security Agreement” means this agreement, as varied from time to time by signed written agreement between the parties;
- “Supplier Property” means Goods that the Customer has not paid for as required under this Contract whereby ZT Wholesale Solutions Pty Ltd retains title to the Goods;
- “Suppliers” means a vendor of goods to ZT Wholesale Solutions Pty Ltd.
- The Parties agree to be bound by this Contract from the date of first order of Goods or Services by the Customer, or on the date of approval by ZT Wholesale Solutions Pty Ltd of the Customer’s Application for Credit Account, whichever is the earlier, regardless of whether these Terms and Conditions have been signed by the Customer.
- The Guarantor hereby guarantees all the Customer’s obligations pursuant to this Contract, and any variation agreed to by the Parties.
- All obligations owed by the Parties pursuant to this Contract, or at law, including by the Guarantor, are owed jointly and severally.
- The Customer and the Guarantor acknowledge that this Contract contains important and legally binding obligations, and warrant that they have obtained independent legal advice, or have chosen not to do so, prior to entering into the Contract.
- These terms and conditions (which cannot be waived or varied except with the express agreement in writing of ZT Wholesale Solutions) form part of every supply of Goods and Services by ZT Wholesale Solutions to the Customer and shall prevail over all conditions of the Customer’s order form to the extent of any inconsistencies.
DELIVERY OF GOODS AND SERVICES
- ZT Wholesale Solutions Pty Ltd agrees to provide the Goods and Services to the Customer, subject to availability.
- The Customer agrees to pay for the Goods and Services in accordance with the payment terms outlined on the Invoice.
- The Customer understands that delivery dates and times are an estimate only and that ZT Wholesale Solutions Pty Ltd does not warrant delivery on that date.
- ZT Wholesale Solutions will make all reasonable efforts to deliver the Goods and Services on time or in a timely manner.
- ZT Wholesale Solutions is not liable for any delay in the delivery of the Goods and Services caused by any factor outside of ZT Wholesale Solutions’ control.
- The Customer acknowledges that when ordering Goods and Services, the Customer agrees to pay the price, from time to time set out in ZT Wholesale Solutions’ published price book / list for the Goods and Services so ordered. If a price is not stated to be inclusive of GST the Customer agrees to pay that price exclusive of GST.
- The Customer acknowledges and agrees that the applicable price list may be altered without notice by ZT Wholesale Solutions to the Customer and any resulting increase in the price of Goods and Services to the order shall be included in the purchase price.
- If the Customer directs ZT Wholesale Solutions to arrange for delivery of the Goods and Services from ZT Wholesale Solutions’ nominated distribution centre to an address nominated by the Customer, the Customer shall be liable for any freight and insurance levied on the delivery of the Goods and Services ordered.