Legal notice

Legal Notice For Portugal Cork Co Pty Ltd ABN: 73 003 152 127
Call us on 1800 291 009 if you have any questions. Email us at sales@portugalcork.com.au and we will contact you promptly.
T/AS Portugal Cork Co Pty Ltd (“Portugal Cork”)

Price Matching

If you are purchasing a product we sell and you find another competitor selling the exact same product in the same quantity, colour and size at an advertised price which is lower than our advertised price for exactly the same product we will price match this product. Proof of price must be shown before purchase.

1. INTERPRETATION

In these terms unless otherwise indicated by the context:
(a) the singular includes the plural and vice versa;
(b) headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate;
(c) references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute;
(d) the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not;
(e) these terms will bind each party’s legal personal representatives, successors and assigns; and
(f) where a party comprises two or more persons the rights and obligations of such persons pursuant to these terms will ensure for the benefit of and bind all of them jointly and each of them severally

SOLE TERMS

2. These terms of sale apply to all transactions between any person proposing or enquiring to purchase any goods from Portugal Cork Co or purchasing or ordering any goods from Portugal Cork Co
(“the Buyer”) and Portugal Cork Co, including all quotations, offers, orders or sales.
3. These terms will only be waived or varied in writing signed by Portugal Cork Co.
4. These terms contain all the warranties and conditions given by Portugal Cork Co in connection with goods supplied by Portugal Cork Co and to the extent that Portugal Cork Co may exclude any warranties or conditions which might otherwise be implied by any competent legislation then Portugal Cork Co excludes from application all such implied warranties and conditions.

DELIVERY

5. While Portugal Cork Co endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Buyer to claim for any consequential loss or damage or to cancel, rescind or terminate any agreement to purchase goods from Portugal Cork Co (“the contract”).
6. Should circumstances beyond the control of Portugal Cork Co prevent or hinder delivery, Portugal Cork Co will be free from any obligation to deliver goods while such circumstances continue. For as long as such circumstances exist, Portugal Cork Co may, at its option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased. Such circumstances beyond the control of Portugal Cork Co include, but are not limited to: strikes, lockouts, rebellions; fire; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology systems.
7. Portugal Cork Co reserves the right to over-supply or under-supply any order within reasonable limits. The Buyer will pay for any such over-supply at the unit price for the delivered goods.

RISK

8. Risk in each order will pass to the Buyer upon:
(a) delivery of that order to the Buyer or the Buyer’s agent; or
(b) upon collection of that order by the Buyer or the Buyer’s agent or courier,as the case may be.(“delivery to the Buyer”)
9. Where, in accordance with these terms, Portugal Cork Co accepts return of any goods, risk in those goods will revert to Portugal Cork Co only upon delivery of the goods to Portugal Cork Co or upon collection of the goods by Portugal Cork Co ’s agent or courier as the case may be.

RETENTION OF TITLE

10. Notwithstanding delivery of the goods to the Buyer, until the Buyer has effected full payment for the goods and any other goods previously supplied by Portugal Cork Co:
(a) legal title to the goods will remain with Portugal Cork Co;
(b) the risk in the goods will pass to the Buyer on delivery to the Buyer;
(c) the relationship between Portugal Cork Co and the Buyer will be fiduciary;
(d) the Buyer will:
(i) hold the goods as bailee for Portugal Cork Co;
(ii) keep these goods separate from other goods; and
(iii) label the goods so that they are identifiable as the goods of Portugal Cork Co;
(e) with Portugal Cork Co’s consent (which is given), the Buyer is at liberty to sell the goods, in the ordinary course of the Buyer’s business, provided that the money resulting from the sale will:
(i) be held in a separate account in trust for Portugal Cork Co;
(ii) not be mingled with other money; and
(iii) not be placed into an overdrawn account; and
(f) in the event that the Buyer uses the goods in some manufacturing or construction process of its own or of some third party then the Buyer will hold such part of the proceeds of such manufacturing or construction process as relates to the goods in trust for Portugal Cork Co. Such part will be deemed to equal in dollar terms the amount owing by the Buyer to Portugal Cork Co at the time of receipt of such proceeds.
11. The Buyer is not an agent of Portugal Cork Co in any sale or supply of the goods by the Buyer.
12. After the happening of an event of default, being any one of the events as specified in sub-clauses 15(a) to 15(c) inclusive below, Portugal Cork Co may without demand retake possession of the goods and may with out notice sell the goods on such terms and in such manner as it determines and will be entitled to deduct all expenses incurred. For the purposes of recovering possession and without limiting the generality of the foregoing, the Buyer irrevocably authorises and licenses Portugal Cork Co and its servants and agents to enter any premises where any goods may be stored and to take possession of the goods.

PAYMENT

13. The Buyer will pay the full price of each order to Portugal Cork Co:
(a) upon delivery to the Buyer; or
(b) In the event that Portugal Cork Co
in writing authorises or allows the Buyer to pay other than upon delivery to the Buyer, within 30 days of the issuing of an account for the supply of goods to the Buyer by Portugal Cork Co; provided always that if payment is not made within that 30 day period Portugal Cork Co may without demand retake possession of the goods and may without notice sell the goods on such terms and in such manner as it may determine and will be entitled to deduct all expenses incurred. For the purpose of recovering possession, and without limiting the generality of the foregoing the Buyer hereby irrevocably authorises and licences Portugal Cork Co
and its servants and agents to enter upon any premises where any goods may be stored and to take possession of the goods.
14. All applicable taxes, duties or levies (including GST) on the sale of the goods will be to the Buyer’s account.
15. Portugal Cork Co may, at its option and without prejudice to any of its rights, either suspend further deliveries, require payment in advance or terminate any contract by written notice to the Buyer where the Buyer:
(a) defaults on any payment due;
(b) being a natural person, commits an act of bankruptcy;
(c) being a corporation, is subject to:
(i) a petition being presented, an order being made or a meeting being called to consider a resolution for the Buyer to be wound up, deregistered or dissolved;
(ii) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Buyer’s property and undertaking;
(iii) the entering of a scheme of arrangement (other than for the purpose of restructuring); or
(iv) any assignment for the benefit of creditors.

ACCEPTANCE OF GOODS

16. The Buyer will inspect the goods immediately upon delivery to the Buyer.
17. All claims against Portugal Cork Co regarding the quality, nature, fitness, suitability, conformance with description or defects of the goods must be made in writing to Portugal Cork Co within 30 days of delivery to the Buyer. Portugal Cork Co does not accept liability for any such claim not made in accordance with these terms.
18. In the event of justified objection notified by the Buyer to Portugal Cork Co in accordance with these terms, Portugal Cork Co
may, at its option:
(a) reduce the purchase price by agreement with the Buyer;
(b) accept the return of the goods and, subject to the goods being returned in the same condition as they were at the time of delivery to the Buyer, refund to the Buyer the purchase price; or
(c) replace the goods and no additional claims of any nature whatsoever may be made against Portugal Cork Co.

ADVICE AND INFORMATION

19. (a) Portugal Cork Co does not give any advice, recommendation or information in relation to goods sold by Portugal Cork Co or in relation to the use or application of those goods (“Product Information”). All Product Information is supplied or made available by the manufacturers as they see fit either with their products or on their websites or via other means. That Product Information includes any of material data safety sheets and any instructions or “how to use” sheets of the manufacturers and the Buyer by purchasing or ordering goods from Portugal Cork Co thereby agrees to:
(i) make themselves aware of the Product Information;
(ii) comply with the Product Information,
And, in regard to any flammable goods shall ensure that all Product Information is complied with in relation to the transportation and storage of any flammable goods.
(b) Any sample provided to Portugal Cork Co by any Buyer is always done so on the basis that the sample provided to Portugal Cork Co is to be forwarded to the manufacturer or the agent of the manufacturer of goods sold by Portugal Cork Co for examination or testing of the sample and Portugal Cork Co role in any such forwarding of any sample, and any subsequent receipt, is as the agent of the Buyer.
(c) Portugal Cork Co does not accept any liability or responsibility for any loss suffered from the Buyer’s reliance on the Product Information or any information of whatever kind obtained from the manufacturer or the agent of the manufacturer.

TRADE PRACTICES ACT

20. The terms in these conditions of sale that exclude or limit the owner’s liability will apply only to the extent permitted by law. Provisions of the Trade Practices Act 1974 (Cth) (as amended) and other statutes
from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. These conditions of sale must be read and construed subject to any such statutory
provisions. If any such statutory provisions apply, then to the extent to which the owner is entitled to do so, its liability under those statutory provisions will be limited at its option to:
(a) the replacement of the goods or the supply of equivalent goods; or
(b) the repair of the goods; or
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.

21. SEVERABILITY

If any part of these terms is invalid or unenforceable, these terms do not include it. The remainder of these terms continue in full force.

22. PROPER LAW

These terms will be governed by and construed pursuant to the laws of New South Wales and the parties agree to submit to the jurisdiction of the Courts of New South Wales in connection with any dispute relating to these terms.

23. RIGHTS NOT AFFECTED BY FAILURE TO ENFORCE

The failure of either party at any time to enforce any of the provisions of these terms or any rights in respect hereto or to exercise any election herein provided will not be a waiver of such provisions, rights or elections or affect the validity of these terms.

24. RIGHTS TO SURVIVE TERMINATION

Termination of the contract will not release either party from any liability or right of action which at the time of expiry or termination has already accrued to either party or which may thereafter accrue in respect of any act or omission prior to such expiry or termination. Such rights may include but not be limited to the recovery of any money due.

25. ALL PRICES ARE IN AUSTRALIAN DOLLARS (AUD)