Terms and Conditions

TERMS AND CONDITIONS

We/us, the company and ATS refers to AUSTRALIAN TOY SALES PTY LTD ( ABN 97 151 629 382 ).

You/ your or customer refers to Australian Toy Sales customer.

Goods means any product supplied by Australian Toy Sales.

The opening/initial order placed by the customer with ATS are “PROFORMA” (prepaid) and goods will not be sent until payment has been made in full.

All opening /initial orders have a minimum value of $500 for the EverEarth range of products.

Customers must submit a New Account application form with all Proforma orders.

Title of goods does not pass till goods are paid for in full.

Goods must only be sold within the parameters of the customers account application.

Goods must not be sold at markets, ebay or other outlets without authorisation by ATS.

Customers are required to order products in whole multiples of the minimum pack quantities as listed on the ATS Order form.

All orders accepted by ATS will be executed at the customers sole risk.

DELIVERY AND ACCEPTANCE OF GOODS

Any date for a delivery is an estimate only and the ATS may amend the delivery schedule as as necessary.

Freight costs will be charged to the customer as per the company’s freight schedule.

All goods delivered by the ATS appointed freight company shall be signed for,
all responsibility for these goods are the liability of the customer.

Notification of any short deliveries must be made to ATS within seven days.

We are purely a wholesaler and do not offer a “Drop Ship Arrangement” under our pricing schedule.

PAYMENT AND ACCOUNTS

All accounts owed to ATS by the customer are strictly 30 days from the date of invoice.

ATS reserves the right to charge interest on all overdue accounts.

Accounts which are paid by credit card will attract a surcharge of 2%.

ATS may at its sole discretion refuse to supply a customer on account and/or prepaid basis without providing a reason to the customer.

Prices are subject to change without notice and are exclusive of taxes , freight and handling which will be added to the invoice.

When a product is temporarily out of stock, ATS will automatically place the out of stock products on backorder unless expressly requested by customer in writing not to.

Customers may cancel backorders prior to them being picked and packed.

All backorders will incur freight charges.

DELIVERY AND ACCEPTANCE OF GOODS

Any date for a delivery is an estimate only and the ATS may amend the delivery schedule as as necessary.

Freight costs will be charged to the customer as per the company’s freight schedule.

All goods delivered by the ATS appointed freight company shall be signed for,
all responsibility for these goods are the liability of the customer.

Notification of any short deliveries must be made to ATS within seven days.

We are purely a wholesaler and do not offer a “Drop Ship Arrangement” under our pricing schedule.

RETURNS & DAMAGED GOODS

No goods may be returned without the permission of ATS.

Any return requires a Return Authorisation # from ATS.

ATS must be notified of and goods damaged in transit within seven days.

Any goods refused on delivery without written notification to ATS will incur all freight costs as well as restocking costs liable by the customer.

LIMITATION OF LIABILITY

Any description of the goods is given by way of identification and shall not constitute the contract of sale by description. The customer shall take the goods at the customers own risk.

Nothing in these Terms and Conditions shall be read as to exclude any liability attaching to ATS as a result of the Trade Practices Act 1974 or similar legislation in any state or territory which which may have application to a contract for the sale of goods pursuant to these terms and conditions.

The liability of ATS to the customer , unless such liability is specifically prohibited under any act of parliament, shall be limited to claims in relation to faulty goods.

ATS shall not be liable in any way whatsoever to any indirect or consequential loss or loss in profit.

PAYMENT AND ACCOUNTS

All accounts owed to ATS by the customer are strictly 30 days from the date of invoice.

ATS reserves the right to charge interest on all overdue accounts .

Accounts which are paid by credit card will attract a surcharge of 2%.

ATS may at its sole discretion refuse to supply a customer on account and/or prepaid basis without providing a reason to the customer.

The customer undertakes to give us written notice within 7 days of the sale of part or all of your business.

If you sell any goods that were purchased from us to a buyer of your business , those goods shall be bound by these Terms & Conditions.

GUARANTEE

(Directors and /or Trustees must sign application form at relevant place)
The Guarantor agrees with the company that :
If the customer fails to pay any monies payable by it to the company the Guarantor will pay those monies to the company on demand.

The Guarantor indemnifies the company, and will keep indemnified, the company from and against all losses, claim or damage suffered by the company as a result either directly or indirectly) of any breach by the customer of any of its obligations to the company.

GENERAL

The company reserves the right to vary the Terms and Conditions and fix , give or vary any price, pricing schedule, amount, rate of interest referred to or set out in these Terms & Conditions which variations, change or update is to take place thirty (30) days from date of the Company notifies the customer to such charges.

In the event of a breach by the customer of any of these terms and conditions or a contract, the customer will be liable to and hereby indemnifies the company against all costs, charges and expenses incurred by the company of that breach including but not limited to all legal costs, charges expenses incurred calculated on a solicitor and own client basis.

We are purely a wholesaler and do not offer a “Drop Ship Arrangement” under our pricing schedule.

The customer acknowledges that it has read and understood the Terms and Conditions and agrees that unless amended in writing they shall form any contract of goods by ATS to the customer.

These Terms and Conditions shall be interpreted under law of NSW, Australia.

CUSTOMER NAME and POSITION:
POSITION:
BUSINESS NAME:
AUTHORISED SIGNATURE :
NAME and POSITION:
ADDRESS:
SUBURB, STATE POSTCODE:
DATE:

View Terms & Conditions

Australian Toy Sales /Pty Ltd

ABN#: 97 151 629 382

9/20 Narabang Way,
Belrose NSW 2085

T:02 9986 1754
F:02 9986 1638
E: info@australiantoysales.com.au