By ordering from “MobiGo”, “MobiGo Distributors” you agree to acknowledge and be bound by the Terms and Conditions outlined in this agreement.>
This Agreement outlines the trading Terms and Conditions bound to all MobiGo, MobiGo Distributors transactions online, phone and email ordering. Furthermore, this agreement outlines specific terms of use applicable to all aspects of our website. The words “Supplier”, “Supplier’s”, “MobiGo”, “MobiGo Distributors” “Shamber Pty Ltd” is Refer to P.O Box 1301 North Lakes 4509 QLD. The words “client” and “clients” refers to registered users, suppliers or general public visitors to our website. We may amend this agreement at any time at our discretion by posting the amended terms on our website. Unless otherwise stated below, all amended terms shall automatically be effective immediately after they are updated on the website. This agreement may not be otherwise amended except through a written request from you (signed) and agreed by us (signed). This agreement is effective on 1July 2019.
DEFINITIONS AND INTERPRETATIONS
- The Applicant is referred to as Purchaser.
- Shamber Pty Ltd T/As MobiGo, MobiGo Distributors –ABN 87169618660 is noted as the Supplier.
- ‘Agreement’ means the agreement between the Purchaser & MobiGo, MobiGo Distributors & its employees.
- Goods refer “all goods supplied by the Supplier”.
ORDERING PROCESS
- Applicants will contact their sales representative for any purchasing requirements.
- Applicant can order online.
- A Purchase Order form detailing product, quantities, price and other miscellaneous requirements must be submitted to the office to process the order.
- The supplier may not dispatch orders where the Purchaser has exceeded current credit terms.
- Delivery of goods will only apply to Applicants who have an approved credit account and are trading within the terms of their agreement.
- The Purchaser acknowledges that upon signing the purchase order that they have entered into a binding agreement. What is indicated on the Purchase order is fixed and cannot be changed unless a substitute item is supplied for an out of stock item or additional items have been added.
- What the Purchaser purchases are his/her own responsibility.
OUT OF STOCK ITEMS
- If a Purchaser has ordered an item which at the time of the order is out of stock, this item will not be charged for on the invoice.
DELIVERY
- After online successful order by sales rep, Delivery will occur in 1-4 Working days.
- Where a delay to supply goods occurs, in no event shall the Supplier incur any liability for failure to supply goods by the agreed time.
- Unless otherwise agreed, where the Purchaser has nominated an address for delivery, the Supplier shall deliver the goods to that nominated address.
- Where goods are delivered to a nominated address, the Supplier shall be deemed to have delivered the goods in accordance with the Agreement if it obtains a sign for Delivery for the goods from any person at that address.
- The Supplier reserves the right to refuse to supply the goods under an Agreement if the Purchaser is in default of any of its payment obligations under one or more agreements.
- The Supplier is not liable to the Purchaser for any loss or damage or deterioration of the goods after delivery.
GST
10% G.S.T (Goods and Services Tax) on all G.S.T applicable to Eligible products.
FREIGHT
- 1.1 Minimum Order value should be $200 EX GST for free delivery (Brisbane and surrounding Suburbs)
- 1.2 Minimum Order value should be $250 EX GST for free delivery (Sunshine coast & Gold coast)
If Above criteria in Section 1.1 &1.2 hasn’t match a Flat $8 Delivery fee will be charged.
RETURNS & CREDITS
Credits and/or invoice adjustments will only occur, where the following has occurred:
- Been invoiced incorrectly with reference to the original price.
- Customer received a product Damaged, Broken, unsealed.
- Has received incorrect stock with reference to the original purchase order.
- Credits will be calculated as per the invoice.
- The Purchaser must notify MobiGo, MobiGo Distributors within 48 Hrs of delivery if the goods delivered to the client do not match the order.
- The Purchaser may not be granted Credit if the Purchaser has lost, destroyed or disposed of the good or the good has been damaged after delivery.
- Credit will only be authorised/ issued if the stock being returned is in the original saleable condition it was received in.
- No Credits or Returns will be given upon the Expiry of the product.
CREDIT NOTES
Credit notes will be processed under the following conditions:
- In the event of stock damaged in transit, the Purchaser is required to notify the Supplier within (2) business days of receiving the stock.
- In the event that stock is not received according to listed invoice items, the client is required to notify the Supplier within 48 hours of the goods being received.
CREDIT ACCOUNT
Accounts are payable on Agreed Terms of invoice.
- For account, Australian Business Number is required & application to be approved by Credit Department.
- The Purchaser accepts a 1-2 days processing time for credit applications.
- Legal title of the goods remains with supplier until the payment of all the amounts owing on the account of any goods supplied has been paid in full.
- The Supplier reserves the right to recover unpaid for items of MobiGo, MobiGo Distributors from the Purchaser premises should the Purchaser not pay within current Suppliers terms or becomes insolvent (including under Administration or Liquidation or bankrupt.
OVERDUE ACCOUNTS
- Applicants who have been granted a credit account and fail to pay within the agreed terms may losing their credit account and future orders may be on a payment before dispatch. In addition, all invoices on the account will become due payable immediately if any invoices exceed the Terms of Credit.
- Applicants who fail to pay an account that is overdue may be passed over to a collection agency. All costs incurred from taking action to recover due monies will be recoverable by the Supplier against the client.
- Payment agreements may be entered into under certain circumstances but only on the approval of the Supplier.
- Should the Purchaser sell or close their business, then all monies on the account will be due payable immediately.
- The Supplier may terminate the Agreement without further notice if the Purchaser is in breach of any terms of the Agreement, has refused or failed to take delivery of goods, is declared bankrupt, goes into administration or liquidation or has a petition for bankruptcy or winding up notice against them or enters into a Scheme of arrangement.
ACKNOWLEDGEMENT – LIABILITY
- The Purchaser agrees that the Supplier shall not be liable for any claims or losses of any kind whatsoever including but not limited to damage to property, injuries to persons which may result directly or indirectly in connection to use of Supplier products other than expressly set out in these Terms & Conditions or set out or imposed by statute in terms of which it is not possible to limit or exclude liability.
- The liability of the Supplier for any loss for which it is liable to shall be limited to the price or other sum paid by the Purchaser to the Supplier for the goods from which such loss or damage directly arose.
- The Supplier shall not be liable for any indirect, consequential or incidental damages including loss of revenue by any party arising out of or in any way connected with the goods the subject of the agreement between the Purchaser and the Supplier.
CONFIDENTIALITY
- The Purchaser and the Supplier shall treat all information received, implied or otherwise accessed from the other party, which is not accessible by the public as confidential.
- These terms and conditions and the Agreement shall remain confidential and will only be disclosed to those with a need to know or as may be required by law.
PAYMENT OPTIONS
- Cheque
- Direct Deposit at any Commonwealth Bank in Australia.
- Please note that in the event of a dishonoured cheque, a $20.00 returned fee will apply to the account.
- Any payments made must have Remittance Advise provided or to the office on Request.
- Payments may be allocated to accounts at the discretion of the Supplier.
