REMA TIP TOP takes pride in the quality of its products and its services to customers. Customers are requested to inform REMA TIP TOP if an order is incorrectly delivered or if there is dissatisfaction with the goods.

 

"Customer" means the person to or for whom the Goods are supplied by REMA TIP TOP.

 

"Goods" means the goods sold to the Customer by REMA TIP TOP.

 

"Rema" means REMA TIP TOP Australia Pty Ltd.

 

"Purchase Price" means the list price of the Goods as charged by REMA TIP TOP at the date of delivery or such other price as may be agreed by REMA TIP TOP and the Customer prior to delivery of the Goods.

 

 

2.1 An order given to REMA TIP TOP is binding on REMA TIP TOP and the Customer if:

3.1 In addition to the Purchase Price, the Customer must pay any freight or delivery charges unless otherwise agreed in writing.

 

3.2 Stamp duty government charges of any kind and GST are all for the Customer’s account in addition to the Purchase Price.

 

3.3 Prices are subject to change without notice.

 

 

4.1 Goods are supplied only on the condition that they remain the property of REMA TIP TOP until payment is made in full of the Purchase Price and any interest owed thereon.

In addition to any other rights that REMA TIP TOP may have, and in the event that:

 

(a) payment for goods in not made upon due date, or

 

(b) prior to payment in full , the Customer is bankrupt, becomes insolvent or a receiver or trustee is appointed over the Customer's property or the Customer makes a general assignment for the benefit of its creditors or a voluntary or involuntary petition under any bankruptcy laws is filed with respect to the Customer, then REMA TIP TOP or its authorized representative may enter upon the premises of the Customer with or without notice and retake possession of any Goods in respect of which title has not at that date passed to the Customer

 

(c) If the Goods cannot be distinguished from similar Goods which the Customer claims to have paid for in full, REMA TIP TOP may in its absolute discretion seize all goods matching the description of the Goods and hold same for reasonable period so that the respective claims of REMA TIP TOP and the Customer can be ascertained. REMA TIP TOP must promptly return to the Customer any goods the property of the Customer and REMA TIP TOP is in no way liable or responsible for any loss or damage to Goods or for an loss or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

 

(d) In the event that the Customer sells the Goods prior to payment in full, then the Customer must hold the proceeds of such sale in trust for REMA TIP TOP. The Customer will pay REMA TIP TOP such funds held in trust upon demand of REMA TIP TOP.

 

 

5.1 Delivery will be as specified on the Form overleaf The terms used mean:

 

"ex'works" Customer for his carrier takes delivery of Goods and risk passes to the Customerat REMA TIP TOP warehouse;

 

"FOB"/"FOR"/ "FOT" Delivery by REMA TIP TOP to the specified mode of transport. Risk passes to the Customer when the Goods are loaded on to the transport and transport is at the Customers expense;

 

"CIF" Goods are delivered to the Customer's nominated delivery place at REMA TIP TOP expense and risk passes to the Customer at the time of unloading at the delivery address;

 

"F & F" Goods are freighted to Customer at REMA TIP TOP expense but are at Customer’s risk from the time of loading on to the relevant transport.

 

"FIS" Goods are delivered into the Customer’s store at REMA TIP TOP expense and risk passes to the Customer at the entry point to the Customer’s store.

 

5.2 Where none of the terms referred to in Clause 3.1 is specified on the Form overleaf, risk shall be deemed to pass on delivery to the Customer.

 

5.3 REMA TIP TOP shall not be under any liability to the Customer in the event that delivery of any Goods is delayed for any reason whatsoever.

 

5.4 Except as proved in Clause 8, claims for non-delivery, shortages in delivery or damage to Goods may only be made in writing within fourteen days from the invoice date.

 

5.5 If the purchaser cancels its order at any time prior to delivery but before the Goods are ready for dispatch, REMA TIP TOP reserves the right to invoice the Customer for all expenses involved in the preparation of the order.

 

5.6 When the contract is performed by REMA TIP TOP by way of more than one delivery, the failure of REMA TIP TOP to make any one or more such deliveries shall not operate as a repudiation of the contract by REMA TIP TOP with regard to all or any of the other deliveries.

 

 

6.1 Providing that credit terms have been approved in writing by REMA TIP TOP , payment is required prior to the end of the calendar month following that in which the invoice is raised.

 

6.2 REMA TIP TOP reserves the right to withhold delivery of further orders until outstanding amounts are paid.

 

6.3 If credit terms have not been approved payment is required by cash on delivery.

 

6.4 Interest shall be charged upon amounts outstanding after the due date for payment, at the rate of 18% per annum calculated on a daily basis to the date of actual payment.

 

 

7.1 Except as provided in Clause 8 Goods for credit must be returned to the point of dispatch at the Customer's expense within twenty-one days of invoice date. Invoice number and date must be quoted and the Goods must be in their original condition, no allowance being made for wear and tear;

 

7.2 no credit shall be issued for Goods returned in excess of twenty-one days from the date of original invoice or for Goods supplied specially to Customer's requirements

 

 

8.1 These terms and conditions, including the Form overleaf, constitute a complete and exclusive statement of the agreements and understanding between REMA TIP TOP and the Customer with respect to the subject matter hereof, notwithstanding any conditions to a contrary effect which may be expressed in any of the Customer’s order forms or other documents and supersedes all prior arrangements, written or oral. All additions and modifications to these terms shall be in writing and shall be signed by both parties and attached hereto as "the Schedule".

 

 

9.1 Certain laws imply terms, conditions and warranties ("Prescribed Terms") into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of REMA TIP TOP in respect of a breach of a Prescribed Term or any warranty made under these terms and conditions is limited to the extent permissible by law and at the option of REMA TIP TOP, to the:

 

(a) replacement of Goods;

 

(b) payment of the cost of replacing the Goods; or

 

(c) refund of the Purchase Price paid by the Customer.

 

9.2 Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permissible by law are excluded.

 

9.3 The Customer shall indemnify REMA TIP TOP against any claims made against REMA TIP TOP by any third party in respect of any loss, damage, death or injury ; and the Customer further agrees to indemnify REMA TIP TOP against all losses and expenses which REMA TIP TOP may suffer or incur due to the failure of the Customer fully to observe its obligations under these terms and conditions.

 

 

10.1 These terms and conditions shall be governed by and construed in accordance with the law in effect in New South Wales and the parties hereto accept the jurisdiction of the Courts of New South Wales in relation to any dispute between them.

 

 

11.1 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these terms and conditions.

 

11.2 No waiver of any of these terms and conditions or failure to exercise a right or remedy by REMA TIP TOP will be considered to imply or constitute a further waiver by REMA TIP TOP or the same or any other term, conditions, right or remedy.