By signing this document you acknowledge that you have read and understood the Terms &
Conditions of Tiger Corporation and agree to be bound by them.
1. DEFINITIONS
a) ‘Buyer’ and ‘you’ means the entity purchasing the products/services
b) ‘Seller’ and ‘we’ means Tiger Corporation Pty Ltd ABN 19 134 548 146
c) ‘Products’ includes products and services
2. ORDERING, SUPPLY & PRICE
a) Neither the price list nor any quotation of the Seller is an offer to sell but is an invitation only and the Seller reserves the right to accept or reject any orders which may be received by it.
b) The prices in the price list or quotation are subject to change at any time without notice.
c) The prices quoted by the Seller to the Buyer apply only to orders placed within 30 days after the date of the relevant quotation and thereafter the prices are subject to change without notice.
d) The Seller shall use all reasonable endeavours to supply the products to the Buyer in accordance with the order
e) The Seller shall not be under any obligation to continue to manufacture or supply all or any type of products, and shall be entitled to change the nature of the products as we see fit.
f) The quantity, quality and description of the products/services shall be set out in the order.
The Buyer shall be responsible for ensuring the accuracy of the order and for giving us, in a timely manner, all necessary information to enable us to satisfy the order.
g) Once the order has been accepted by the Seller, it may not be cancelled or altered by the Buyer without prior written agreement by both parties. We may require (without limitation) a condition that you indemnify us against all losses, costs, damages, charges and expenses we incur as a result of the cancellation.
h) The Buyer is expected to authorise a proof of artwork and text. The Buyer shall pay for all costs, charges and expenses incurred by the Seller if authorisation of proof is not accurate or thorough.
3. DELIVERY
a) Unless otherwise specified in writing, delivery is to the Buyers premises as specified on the order and the costs of such delivery shall be paid by the Buyer.
b) If a delivery date is specified, that date is only an estimate and the Seller is not liable for any delays in delivery.
c) If the Seller is unable to supply the total order, these Terms & Conditions continue to
apply.
d) The products supplied by the Seller to the Buyer are at the Buyer’s risk immediately on delivery to the Buyers premises or into the Buyers custody (whichever is the sooner).
e) The Buyer must properly store and insure the products at its own cost, from the time of delivery of the products to the time that they are paid for in full, against such risks as it thinks appropriate.
f) The Buyer must inspect the products immediately upon delivery and must within 24 hours of delivery, give written notice to the Seller particulars of any claim that the products are not in accordance with the order. If no written notice is received by the Buyer, within 24 hours of delivery, the products are deemed to have been accepted and the Buyer must pay for the products in full without future claim.
4. PAYMENT
a) Payment for the products (including GST) sold by the Seller to the Buyer must be tendered no later than 14 days unless stated/agreed otherwise on quotation/account application.
b) Payment is deemed to be made:
i) if cash is received
ii) if a cheque (bank or otherwise) is received and cleared by the Sellers banker.
iii) if credit card payment is received and cleared by the Sellers banker.
iv) if electronic payment is received
c) If the Buyer fails to make full payment by the due date, then the Seller (without prejudice) may terminate this contract or suspend any/all further deliveries to the Buyer.
d) The Buyer will reimburse the Seller for all collection costs incurred.
5. RETURNS & RETENTION OF TITLE
a) The Buyer must not return any products without the written consent of the Seller.
b) Delivery charges relating to the return of products are the Buyers responsibility unless agreed otherwise by the Seller.
c) The Seller will refund the full cost of the products to the Buyer only if the products are returned in a saleable condition and within an agreed upon time frame.
d) The Seller is permitted to enter the Buyers premises for the purpose of reclaiming
possession of the products, even if payment has been made in full, in satisfaction of all debts
owing to the Seller if any of the following events occur
a. the Buyer defaults under these Terms & Conditions.
b. the Buyer commits an act of Bankruptcy.
c. a receiver is appointed to the Buyer.
d. the Buyer goes into liquidation, administration or some other form of insolvency administration whether formal or informal.
e. the Buyer ceases to carry on business, or
f. the Buyer enters into a scheme or compromises with its creditors, without prejudice to any other rights of the Seller.
e) The Buyer acknowledges that if the Seller enters the Buyers premises for the purpose of reclaiming possession of the products and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability.
6. INTELLECTUAL PROPERTY
a) The Buyer acknowledges that we are the owner of all existing and future intellectual
property rights in or associated with the products.
7. INDEMNITY
You indemnify us from and against all and any actions, claims, costs, losses and expenses of
any nature incurred by us as a result of:
a) any negligent act or omission or wilful misconduct of you, your employees or agents
b) any breach of these Terms & Conditions or any warranty by you
c) any misleading or deceptive conduct of you, your employees or agents
8. PRIVACY
Where products are supplied to the Buyer on credit, the Buyer irrevocably authorises the Seller, its employees and agents to make such enquiries as it deems necessary to investigate the credit worthiness of the Buyer, including (without limitation) making enquiries from persons nominated as trade referees, the bankers of the Buyer or any credit providers (information sources) and the Buyer authorises the information sources to disclose to the Seller all information concerning the Buyer which is within their possession and which is requested by the Seller.
9. MISCELLANEOUS
a) No party is liable for any failure to perform or delay in performing its obligations under these Terms & Conditions if failure is due to anything beyond that party’s reasonable control. A waiver by a party of any of its rights under these Terms & Conditions must be in writing and is only effective in respect of the specific instance to which it relates and for the specific purpose it is given.
b) This contract (including the order and these Terms & Conditions) constitutes the entire agreement between the parties, and may only be varied by the parties as agreed in writing.
c) If anything in these Terms & Conditions are unenforceable, illegal or void, then it is severed and the rest of these Terms & Conditions remain in force.
d) A notice or other communication connected with these Terms & Conditions has no legal effect unless it is in writing and:
i) hand delivered to the addressee set out in these Terms & Conditions or
ii) sent by facsimile before 3pm (EST) on a business day. A facsimile is not deemed given or received unless at the conclusion of the transmission the senders facsimile machine issues a transmission report, which indicates the relevant number of pages composed in the notice have been sent. For the purposes of this clause, ‘business day’ means a day that is not a Saturday, Sunday or any other day which is a public/bank holiday.
e) The law of the State or Territory in which the products are sold, governs these Terms & Conditions. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.