Terms & Conditions - Commercial Use

Author: Ian  

Terms & Conditions - Commercial Use

Last updated 22nd October 2015. 

 

Account Terms

My Carrot Pty Ltd (ABN 57 607 806 655) may see fit to add or amend any or all of these enclosed terms and conditions without notice.

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site. 

    1    The Applicant warrants that the information provided in the Application is accurate, correct and complete and is supplied for the purposes of obtaining credit.

    2    The person/s signing the Application warrants that he/she is duly authorised by the Applicant to apply for credit and execute this Application on their behalf.

    3    All goods or services delivered to the Customer by My Carrot Pty Ltd must be paid for in full by the Customer seven days from statement date or by other negotiated terms as stipulated in the Applicant’s credit approval letter or other correspondence relevant to payment terms posted to the Customer from time to time. (“the Due Date”).

    4    The Customer and/or the Customer’s guarantors shall pay to My Carrot Pty Ltd any and all of My Carrot Pty Ltd expenses including but not limited to any legal costs (on an indemnity basis), stamp duties and other expenses payable under these terms and conditions together with any collection costs or dishonoured cheque fees incurred in connection with the enforcement of, or the preservation of any rights under these terms and conditions. Such costs, duties and other expenses as well as interest payable at the rate mentioned in clause 1.3 may be recovered as a liquidated debt.

    5    Should the Applicant default in making any payment in accordance with the agreed trading terms, then all monies owing to My Carrot Pty Ltd shall immediately become due and payable. My Carrot Pty Ltd shall be entitled to charge interest at the rate of 1.5% per calendar month on all overdue amounts from the date due for payment until the date of actual payment.

    6    My Carrot Pty Ltd may in its absolute discretion refuse the Customer credit facilities or suspend or discontinue the supply of goods and services to the Customer at any time without any obligation to provide to the Customer or the Customer’s guarantors, a reason for such action.

Trusts

    1    Where the Applicant is a trustee, the Applicant warrants that it is the only trustee of the trust and will remain trustee of the trust, it is not aware of any action having been taken to remove it as trustee of the trust, it has the power under the trust deed to enter into and observe its obligations under these Terms and the assets of the trust shall be available to meet payment of any monies due and owing to My Carrot Pty Ltd.

Change of Ownership / Particulars

    1    The Applicant will notify My Carrot Pty Ltd no later than 14 days after any change of ownership, change in particulars, any alteration or addition to shareholders or directors, and any change, alteration or addition in the Applicant’s internal structure and senior management.

    2    If there is any default by the Customer in making due payment to My Carrot Pty Ltd of any monies owing by the Customer, or if an administrator, liquidator or provisional liquidator or receiver and manager or controller is appointed in respect of the Customer or the Customer goes into bankruptcy or commits any act of bankruptcy, or if there is a breach by the Customer of any of these terms and conditions then:

Default

10. All monies payable by the Customer to My Carrot Pty Ltd shall at My Carrot Pty Ltd’s election become immediately due and payable notwithstanding that the due date for payment of any of the monies shall not have expired.

11. My Carrot Pty Ltd shall suspend credit facilities.

12. My Carrot Pty Ltd may terminate this Agreement forthwith.

Law

13. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Queensland. The parties submit to the exclusive jurisdiction of the Courts in Brisbane and agree that proceedings may be commenced in any court in Brisbane and consent to that court having jurisdiction by virtue of this Clause notwithstanding that the court would not have such jurisdiction without this consent.

 

Force Majeure

14. My Carrot Pty Ltd shall not be liable for any delay or for the consequences of any delay in performing or failure to perform any of its obligations under this Agreement if such delay is due in full or in part to any cause whatsoever beyond its reasonable control. Such delay or failure shall not constitute a breach of this Agreement and My Carrot Pty Ltd shall be entitled at its option to either extend the time for delivery or performance for a reasonable period or to determine the contract without any recourse by the Customer to any claim for damages.

 

Delivery

15. Delivery dates are estimates only. The goods will be dispatched to an address or addresses nominated by the Customer or the Customer’s employee/agent. If the Customer, employee or agent are not present at the specified address for delivery then the My Carrot Pty Ltd may unload the goods at that address and the goods shall be deemed to be received by the Customer and My Carrot Pty Ltd shall not be liable for any claims, costs or losses suffered by the Customer. Alternatively, My Carrot Pty Ltd at its discretion and having due care and consideration for the type of goods being delivered, may instruct its employee or contractor to return the goods to the warehouse to ensure the goods maintain their suitability for their intended use.

 

16. My Carrot Pty Ltd may at its discretion levy an “uneconomic delivery charge” for deliveries below a certain value. This charge will be itemised on the invoice.

 

Acceptance

17. The Customer authorises his/her/its servants and agents to take delivery on his/her/its behalf products sold to him/her/it by My Carrot Pty Ltd, and such authority shall continue until written notice of its revocation is expressly served upon My Carrot Pty Ltd.

18. The Customer must, within 24 hours of delivery, inspect the goods and give My Carrot Pty Ltd written notice of damages, shortages or anything else not in accordance with this agreement.

 

Returns & Refund

19. My Carrot Pty Ltd shall not allow credit or returns unless the return of goods is specifically authorized by My Carrot Pty Ltd and the product is returned in a condition (original packaging and deemed to be re-saleable) which is satisfactory to My Carrot Pty Ltd.

 

Change of Mind

20. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.

 

Refunds

21. Refunds will be processed by My Carrot Pty Ltd and will normally be processed within 3 days.

 

Liability of My Carrot Pty Ltd

22. If under any law, any terms which apply to the supply of goods or services under this Agreement cannot legally be excluded, restricted or modified then those terms apply to the extent required by that law.

23. All terms which would otherwise be implied are excluded except as stated in this Agreement.

24. To the extent permitted by law My Carrot Pty Ltd sole liability for any breach of any term is limited:

25.1. In the case of goods supplied by My Carrot Pty Ltd, to any one of the following as determined by the My Carrot Pty Ltd:

25.2. The replacement of the goods or supply of equivalent goods

25.3. The payment of the cost of replacing the goods or acquiring equivalent goods

26. The Customer does not rely on any representation, warranty or terms made by or on behalf of My Carrot Pty Ltd which is not set out in this agreement.

27. My Carrot Pty Ltd is not liable for any damages, economic loss or profits whether direct, indirect, general, special or consequential:

28. Arising out of a breach of an implied or expresses term; of

29. Suffered as a result of a negligence of My Carrot Pty Ltd or its employees or agents, apart from liability as set out in this clause.

 

Privacy Statement

30. The Applicant consents to My Carrot Pty Ltd collecting, disclosing and exchanging personal information about them for the purpose of assessing the Applicant’s or Guarantor’s credit application, credit worthiness and credit information (including for the purpose of seeking information from a credit reporting agency and referees provided in this Application). The information which may be given includes particulars of the Applicant’s identity, the fact that the Applicant has applied for credit and the amount of such credit and information about any defaults by the Applicant. The Applicant further consents to My Carrot Pty Ltd disclosing information about the Applicant to its subsidiaries, parent company agents and advisers. Customer information may also be used by My Carrot Pty Ltd for account servicing and direct marketing purposes.

 

Acknowledgement

31. My Carrot Pty Ltd Terms and Conditions of Credit and Terms and Conditions of Sale form the agreement between the parties and are binding on the parties. These Terms and Conditions of Credit and Terms and Conditions of Sale will prevail over any subsequent document issued by the Customer. If the Application is received in electronic format, it is constituted as an original document.

Payment of Goods

Credit Card: We accept MasterCard and Visa credit cards. We also accept Visa Debit and MasterCard Debit cards. For authorisation purposes, you will need to provide the card number, name of cardholder and expiry date. A card processing receipt will be issued with your invoice.

 

Direct Deposit: Payments can also be deposited directly into our account. Upon ordering you will be emailed an invoice for the total amount including freight. You will also be supplied with our bank details and reference (or see below). If you choose to direct deposit you MUST advise us after doing so to enable us to dispatch your order. Please email through confirmation that payment has indeed been made. Our bank account details:

 

Bank: Commonwealth Bank

BSB: 064-212

Account Number: 1004 5886

Account Name: My Carrot Pty Ltd

 

Cash: Cash is accepted ONLY for transactions ordered and collected from our warehouse. Do not mail cash to our office. We do not accept responsibility for cash that has been posted.

All purchases are in Australian dollars (AUD) and include 10% GST, unless otherwise stated.

In the event that legal action is required to recover goods or monies owed to My Carrot Pty Ltd, the buyer shall be liable for all legal costs incurred in such recovery.

Title of goods shall not pass unless payment is made in full.

Trademarks & Images

The buyer and visitors to the My Carrot Pty Ltd website must not use any of the trademarks displayed on the site:

            In or as the whole or part of the users’ own trademarks or trademarks visible on the site;

            In connection with activities, products or services which are not ours;

            In a manner which may be confusing, misleading or deceptive;

            In a manner that disparages the trademark owner, My Carrot Pty Ltd or our information, products or services (including this site). 

 

Contact Details

My Carrot Pty Ltd can be contacted by telephone: 1300 681 511

By email: info@mycarrot.com.au

Through our online contact page at: 

http://mycarrot.com.au/contact-us

Or, by post: PO Box 1271, Coolum Beach QLD 4573, Australia