Account Credit Terms and Conditions
If you would like an account with Daring Adult Wholesale, please fill in and return the following Application Form
Terms and Conditions
General: Subject to any Prescribed Terms, this document together with relevant Sales Confirmation embodies the sole terms and conditions of the Contract between Daring Adult Wholesale Pty Ltd and the Purchaser and supersedes all other conditions and agreements between the parties, unless expressly amended in writing by Daring Adult Wholesale Pty Ltd.
These terms and conditions shall without further notice apply to all future transactions between Daring Adult Wholesale Pty Ltd and the Purchaser in relation to the sale and purchase of goods, whether or not this document is delivered or executed in the course of the transaction. For the avoidance of doubt, none of the terms and conditions contained in any document or other instrument supplied by or on behalf of the Purchaser (including without limiting the foregoing those included in any purchase order or like document from the Purchaser) shall apply to or form part of the Contract, except and to the extent otherwise agreed in writing by Daring Adult Wholesale Pty Ltd.
No variation or abrogation of these terms and conditions shall be effective unless it is evidenced in writing signed on behalf of Daring Adult Wholesale Pty Ltd.
Payment Terms: Unless otherwise agreed by the parties in writing payment shall be made within 30 days from invoice. Time for payment of the price of the goods shall be of the essence of the Contract and if the Purchaser fails to pay the price when due, Daring Adult Wholesale Pty Ltd may treat the Contract as repudiated by the Purchaser or may, unless payment in full is made, suspend delivery of the goods the subject of the Contract and any goods the subject of any other Contract with the Purchaser without incurring any liability whatsoever to the Purchaser in respect thereof. In addition, without prejudice to such rights of Daring Adult Wholesale Pty Ltd, the Purchaser shall (if so required by Daring Adult Wholesale Pty Ltd) pay interest to Daring Adult Wholesale Pty Ltd on the outstanding amount of the price at the rate of 10% per annum until the price is paid in full. Notwithstanding any rights of lien to which Daring Adult Wholesale Pty Ltd may otherwise be entitled, Daring Adult Wholesale Pty Ltd shall have a specific lien (including right of sale) over the goods the subject of the Contract and any goods the subject of any other contract with the Purchaser until the price of the goods has been paid in full. The Purchaser shall not be entitled to make any deduction from the price of the goods in respect if any off-set or counter claims.
Delivery: Any time or date named and accepted by Daring Adult Wholesale Pty Ltd for completion, delivery, dispatch, shipment or arrival of the goods or for tender of any documents is an estimate only and does not constitute a condition of the Contract or part of the description of the goods and is not of the essence of the Contract. Unless otherwise state in writing Daring Adult Wholesale Pty Ltd may make partial deliveries or deliveries by instalments in any amount it may determine and each such partial delivery or delivery by instalments shall be deemed to be a separate Contract and these conditions shall apply to each partial delivery or delivery instalments. The purchaser shall notify Daring Adult Wholesale Pty Ltd within 7 days of delivery of any shortfall in or loss or damage to goods delivered. Failure to so notify shall, subject to the requirements of any Prescribed Terms, disentitle the Purchaser to any remedy in respect to the shortage, loss or damage.
Risk and Title: Except as otherwise provided herein, the goods supplied by Daring Adult Wholesale Pty Ltd to the Purchaser shall be at the Purchaser's sole risk immediately on the delivery to the Purchaser. In no case will ownership in any goods supplied pursuant to this agreement pass to the Purchaser until payment has been made to the supplier in full for the goods supplied including costs of transit, delivery and any other costs. Any transfer of the goods (by way of sale or any other means) by the company to a third party prior to the passing of ownership of the goods to the company will be deemed to have been made by the company as agent for the supplier and sale proceeds of a sufficient amount to cover the selling price of the goods and costs of transit, delivery, and any other costs shall be held in trust for the supplier. For the purpose of this agreement where payment is made by cheque, payment shall be deemed to have been made only when the cheque is paid by the drawer's bank.
In the event of the Purchaser having a bankruptcy notice issued against it or in the case of a company receiver being appointed or a provisional liquidator or liquidators and the goods having been supplied by the supplier to the Purchaser and full payment for such goods not having been received by the supplier, then the supplier shall have the right to enter onto the premises or yard or property or building site of the Purchaser to collect the goods in respect of which payment has not been made to the supplier and take possession of the goods. Ownership of such goods at all times is vested in the supplier.
Health and Safety: It is the Purchaser's responsibility to ensure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and the use of the goods and, where information is supplied to the Purchaser on potential hazards relating to the goods, to bring such information to the attention of its employees, agents, sub-contractors, visitors and customers. Without prejudice to the foregoing, it is also the Purchaser's responsibility to provide safe facilities for the reception of goods into storage.
Goods and Services Tax (GST) will be charged on those products that attract GST at the applicable rate.
Force Majeure: Daring Adult Wholesale Pty Ltd shall not be under any liability whatsoever for the consequence of any failure on its part to perform or delay in performing any obligation under the Contract when due, whilst and to the extent that such failure or delay is due directly or indirectly to any event of force majeure. Without, limiting the generality of the foregoing, this includes any liability whatsoever for any delay in completion, delivery, dispatch, shipment or arrival of the goods or in the tender of any documents or the like. "event of force majeure" includes any acts of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of Daring Adult Wholesale Pty Ltd.’s power. If there is an event of force majeure, Daring Adult Wholesale Pty Ltd power will notify the Purchaser of the event and likely impact on its performance under the Contract. If the event affects the capacity of Daring Adult Wholesale Pty Ltd power to complete its material obligations under the Contract in a timely manner, Daring Adult Wholesale Pty Ltd power may by notice to the Purchaser terminate the Contract without any liability whatsoever on its part arising from such termination.
Notices: Any notice to be given to the Purchaser shall be deemed to be given upon its being posted, or sent by email to the address of the Purchaser set out in the Contract or to the Purchaser's registered office or to the Purchaser's last known address.
Assignment: The Purchaser may not assign or transfer or purport to assign or transfer any of its rights or obligations under or in connection with the Contract to any other person or corporation whatsoever.
Cost recovery: Any expenses, costs or disbursements incurred by Daring Adult Wholesale Pty Ltd in recovering any outstanding monies owing by the Purchasers including debt collection fees, commission charges and solicitors costs shall be paid by the Purchaser, providing that those fees do not exceed the scale charges as charged by the debt collection agency or solicitor plus any out of pocket expenses.
Return of Goods: Goods supplied to the purchaser are not returnable unless Daring Adult Wholesale Pty Ltd have been notified and agreed to return. A restocking fee of 10% will apply to goods returned unless otherwise agreed by Daring Adult Wholesale Pty Ltd. Special order goods cannot be returned. Acceptance of the goods is an acceptance of these conditions.