Terms And Conditions 

TERMS AND CONDITIONS – MUNICH INDUSTRIES PTY LTD 

These Terms and Conditions are the entire Terms and Conditions of MUNICH INDUSTRIES PTY LTD (A.B.N. 59 650 833 800) (“The Seller”) trading as, amongst  others, “Combined Packaging Solutions”, “Paris Packaging”, “Paris Paper Bag Supply” and “Why Not Package” and form part of any agreement entered into  pertaining to its sale and provision of packaging, consumable and associated goods to any person, firm or company placing an order with the Seller for the  purchase of any goods (“the Buyer”) except as otherwise expressly agreed upon in writing between the Seller and the Buyer, these Terms and Conditions shall  apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the Buyer. 

1. DEFINITIONS 

Unless the context requires otherwise: 'Goods' means the goods or services the Seller sells or provides to the Buyer; 

'Contract' means the contract for the sale of the Goods or Services, including these Terms and Conditions; 

‘Print Works Jobs’ means any order by the Buyer that involves printing to be applied to the Goods either generally or specific to the Buyer’s purposes 

2. QUOTATIONS, PAYMENT AND DEFAULT 

2.1 All quotations are valid for 30 days from the date of quotation supplied by the Seller to the Buyer, but no contractual relationship shall arise until the  Buyer’s order has been accepted by the Seller. The price specified in the Quotation pertains only to the type and quantity of Goods specified in the  Quotation. The Seller reserves the right to alter the price if the quantity of Goods specified in any sales order or request from the Buyer varies from  that which was outlined in the Quotation.  

2.2 All invoices issued by the Seller to the Buyer are payable within 14 days of the date of issue of the Invoice unless otherwise agreed in writing and the  Buyer further agrees and acknowledges that;  

(a) Time is of the essence in respect of payment of the Seller’s invoices;  

(b) It will make payment of any invoice issued by the Seller without set-off, counter-claim or any other deduction and, unless otherwise agreed to  in writing, no deductions shall be made for anything such as security, retentions or any other reason; 

2.3 In the event that the Buyer fails to pay an invoice amount to the Seller by the due date, the Seller may, in its sole and absolute discretion; 

(a) Cease to continue to supply any Goods to the Buyer and, in such circumstances, the Buyer agrees and acknowledges that the Seller shall not  be liable for any loss or damage occasioned to the Buyer arising from or caused or contributed to any such cease of supply of Goods, nor shall  the Seller be liable for any special, incidental, indirect or consequential loss or damage suffered by the Buyer in such circumstances and the  Buyer indemnifies the Seller in respect of any claim so made; 

(b) Immediately suspend and/or withdraw credit facilities provided to the Buyer and all amounts invoiced become immediately due and payable; 

(c) Charge to the Buyer interest on all outstanding amounts from the date of the invoice at the rate of 15% per annum, and the Buyer agrees and  acknowledges that such interest is not a penalty but a true measure of damages suffered by the Seller in respect of any failure to have its  invoice paid by the due date; 

(d) Pursue the payment of the outstanding fees using external agents, such as debt collectors and/or solicitors, and the Buyer agrees and  acknowledges that it will be liable for any and all costs associated with same on an indemnity basis for any action either taken or contemplated,  be it debt collection, taking of security or otherwise. In so agreeing, the Buyer acknowledges that the Seller’s decision to provide the Buyer  credit terms for payment of its invoices is based on the Buyer’s agreement to so indemnify it in such circumstances. 

3. DELIVERY OF GOODS AND RETURNS POLICY 

3.1 Where goods are delivered by the Seller to the Buyer, The Seller’s record of such delivery is prima facie evidence that such goods were so delivered. 

3.2 The Seller will accept return of unused stock for credit to be applied to the Buyer’s account, but only if the stock is undamaged, in its original  packaging and capable of being on-sold to other parties and collection will only be at the operational convenience of the Seller.  

3.3 The Buyer acknowledges that such determination as to acceptance of returned goods is at the sole discretion of the Seller. 

4. PROPERTY AND RISK 

4.1 Notwithstanding delivery of the goods, property in any goods shall remain with the Seller until the Buyer has paid and discharged any and all other  indebtedness to the Seller on any account whatsoever, including all applicable GST and other taxes, levies and duties. Any payment made by or on  behalf of a Buyer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Buyer's indebtedness and,  in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made. 

4.2 The risk in the goods shall pass to the Buyer upon delivery to the Buyer or his agent or to a transport company nominated by the Buyer. 

4.3 The Buyer acknowledges that it is in possession of the goods solely as a bailee for the Seller until payment has been made in full to the Seller and, until such payment, The Buyer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery. 

5. VARIATIONS  

5.1 All variations to this agreement must be in writing and clearly state the nature, scope and extent of any such variation.  5.2 In the event that the Buyer request a variation, it must be in writing to the Seller and clearly explain the terms of any such variation. The Buyer  agrees and acknowledges that any such variation will be at its own cost. 

6. PRINT WORKS JOBS 

6.1 In the event that the Buyer requests of and requires from the Seller any goods with printing work to be completed, the Seller acknowledges that; 

        (a) A deposit of 50% of the value for the whole of the job is required to be paid to the Seller prior to the works commencing; 

  (b) Whilst the Seller agrees to hold a portion of the Goods in its own storage to be delivered from time to time as required by the Buyer, the Buyer  

must take a minimum of two units of product per product per week. In the event that the Buyer fails to take such minimum number, the Seller is  entitled to charge storage fees as it sees fit and in its absolute discretion. 

(c) The print works job is to be produced by an external provider and the Seller has no direct control of the timing and as such the Buyer will not  hold the Seller liable for any delays for whatever reason and howsoever caused. 

(d) Any and all art work or graphic design is to be supplied by the Buyer to the Seller for the purposes of passing on to an external printer. 

(e) The Buyer will be provided with a proof of any and all final artwork as to be printed onto the packaging or other items and must authorise the  print works job in writing before the Seller will instruct the external printer to proceed with the production. 

(f) Upon completion of the print works job, The Buyer must check all works to satisfy itself as to the accuracy and quality of the works provided in  accordance with the Contract. If the Buyer believes there is any defect in the works or the Goods, the Buyer must notify the Seller in writing  within 7 days of the delivery of the goods. Upon receipt of such notice, the Seller will inspect the goods and respond in writing to the Buyer as  to the extent to which it agrees with the notice and the proposed actions to remedy same where applicable; 

(g) In the absence of any such notice from the Buyer, it is agreed and acknowledged by the Buyer that there were no such defects in terms of  accuracy and/or quality 

7. MISCELLANEOUS  

7.1 If any provision of these Terms and Conditions are invalid, void, illegal or unenforceable, the validity, existence, legality or enforceability of the  remaining provisions shall not be affected, prejudiced or impaired; 

7.2 These Terms and Conditions and any contract of which they form part will be construed in accordance with the laws of New South Wales and the  parties submit themselves to the exclusive jurisdiction of the Courts in either that state or any other state at the Seller’s sole and absolute discretion.  

7.3 Neither party shall be liable for any default or breach due to any act of God, war, terrorism, fire, flood, storm or other such event beyond the  reasonable control of either party.