Terms and Conditions of Trade
General: These Terms and Conditions shall apply to the exclusion of all others, including any terms and conditions of the Applicant (whether on the Applicant’s order form or otherwise). No goods or services will be supplied by Maxwell & Higgs Pty Ltd ABN 70 849 548 389 (Maxwell & Higgs) on any terms or conditions other than those set out herein. By taking delivery of the goods, the Applicant shall be deemed to agree to these Terms and Conditions. For the purposes of these Terms and Conditions, Maxwell & Higgs shall mean and include the party named above and/or in whose name an Account is maintained by Maxwell & Higgs.
Payment: Payment shall be made by either of the following methods:
The Applicant agrees to comply with the trading terms of Maxwell & Higgs and shall pay for goods or services purchased within thirty (30) days from the end of the month in which the invoice is rendered. The Applicant shall pay Maxwell & Higgs all other monies, including interest due and owing, costs, and expenses, within thirty days of the end of the month in which such are incurred. If payment is not made when due, Maxwell & Higgs may charge interest on monies outstanding at a rate of two and a half percent (2.5%) per month on all monies due and owing and any commercial agents’ expenses incurred, or to be incurred, by us up to 17.5% of any amount entrusted to an agent to collect.
Prices: All prices are ex-factory and subject to change without notice. A minimum line value on invoices is $5.00 excluding GST and a minimum invoice value is $20.00 excluding GST.
Stop Credit: In the event that the account becomes 60 days past due from the end of the month of invoice, Maxwell & Higgs reserves the right to stop, suspend, or cancel any credit facility that has been approved to the Applicant. Maxwell & Higgs may send written advice to the Applicant by way of letter through the post, email, or fax that all or some credit facilities have been stopped. Once notified, Maxwell & Higgs will not be required to supply any goods that have been ordered or deliver any goods which are in transit until the outstanding amount has been paid or a suitable arrangement reached.
Claims: The Applicant will be deemed to have accepted the goods/services as being in accordance with its order unless it notifies Maxwell & Higgs in writing of its claim within 2 business days of delivery. No return of goods will be accepted unless prior written authorisation has been given.
Refunds & Return Policy: Refer to the Refunds & Return Policy as listed on the website.
Force Majeure: If for any reason beyond the control of Maxwell & Higgs (including without limitation as a result of any strike, trade dispute, fire, tempest, theft, or breakdown), orders cannot be filled or completed at the time stipulated by the Applicant, Maxwell & Higgs shall be entitled to determine the contract and the Applicant shall not have any claims for damages arising out of such cancellation, without prejudice to the rights of Maxwell & Higgs to recover all sums owing in respect of deliveries made or services provided prior to the date of such determination.
Warranty or Representation: All warranties whether expressed or implied and whether statutory or otherwise with regard to the goods/services supplied by Maxwell & Higgs as to quality, fitness for purpose or any other matter are hereby excluded except insofar as any such warranties are incapable of exclusion at law. The liability of Maxwell & Higgs for damages arising out of the contract shall be limited to the cost of replacement of any damaged goods and Maxwell & Higgs accepts no responsibility or liability whatsoever including liability for negligence or goods that do not correspond with the description on Maxwell & Higgs invoice and/or the packaging of the goods sold or any liability for consequential loss however arising. Any representation given by Maxwell & Higgs to the Applicant as to quality or performance of the products or their suitability for a particular purpose or otherwise in relation to the products is given in good faith and the liability of Maxwell & Higgs for any breach of warranty (whether express or implied) or misrepresentation is limited to the obligation to repair or replace defective products at its own cost during normal working hours and by its own employees or authorised representatives. The Supplier will not be liable to pay for any services or repairs carried out by others nor does it accept responsibility for any loss of production, profit or otherwise of the Applicant nor will it be liable for any indirect consequential loss or damage to persons or property of any nature due to any cause whatsoever arising from or in relation to the supply of products to the Applicant. The Applicant acknowledges that it will not rely upon nor be induced by any warranty or representation by Maxwell & Higgs not expressly set out herein, in its price list or otherwise in writing.
These conditions do not include, restrict or modify the application of any provisions of any Commonwealth, State, or Territorial law which law cannot be excluded, restricted, or modified.
Except where an Applicant shall be taken to have acquired the products as a consumer within the meaning of the Competition and Consumer Act 2010 and/or the Trade Practices Act 1974 or equivalent Commonwealth, State or Territorial legislation:
Where an Applicant is taken to have acquired the products as a consumer within the meaning of the Competition and Consumer Act 2010 and/or Trade Practices Act 1974 or equivalent Commonwealth, State or Territorial legislation, the liability of the Supplier for a breach of any term, condition or warranty referred to in Clauses 6 or 8(b) herein shall be limited, at the absolute discretion of the Supplier, to the replacement of the products or the supply of equivalent products or the repair of the products.
Freight Costs: Maxwell & Higgs shall not be liable for freight costs on goods returned unless otherwise agreed.
Additional Fees: The Applicant agrees that in the event of a breach of any terms of trade including failure to make payment of any monies due to Maxwell & Higgs, the Applicant shall pay all collection costs, commissions, fees, charges, and expenses including legal costs on a full indemnity basis incurred by Maxwell & Higgs of and incidental to this agreement or any matter arising out of or incidental to this agreement or the Applicant’s performance of or failure to perform any of the terms of trade. Interest may be charged at the rate of two and a half percent (2.5%) per month on all additional fees.
Change of Ownership: The Applicant agrees to notify Maxwell & Higgs in writing of any change of ownership within 7 days from the date of such change and indemnifies Maxwell & Higgs against any loss or damage incurred by it as a result of the Applicant’s failure to notify Maxwell & Higgs of any change.
Notices: Any notice to be given shall be deemed to be given upon its being posted or sent by facsimile or email to the Applicant’s address, facsimile number, or email address set out in the Contract or posted to the Applicant’s registered office or last known address. By signing this contract, the Applicant agrees to receive the monthly email newsletter and email notifications from Maxwell & Higgs. This mechanism is used to inform customers of important information about products and pricing.
Deliveries and Cancellation: Deliveries may be totally or partially suspended by Maxwell & Higgs during any period in which Maxwell & Higgs may be prevented or hindered from affecting delivery by its normal means of supply or delivery by normal route by reason of any circumstances outside its reasonable control (including but not limited to strikes, lockouts, shortages of material, accidents, or breakdowns of plant or machinery). In the event that because of short supply of any material or finished stock Maxwell & Higgs shall be unable to supply, it may in its sole and unfettered discretion supply a portion of available supply to the Applicant without being thereby in breach of contract. Orders placed with Maxwell & Higgs cannot be cancelled without written approval. In the event that Maxwell & Higgs accepts the cancellation of any order placed, it shall be entitled to charge a reasonable fee for any costs incurred to the date of the cancellation including a fee for the processing and acceptance of the Applicant’s order and request for cancellation.
Lien: The Applicant hereby acknowledges that Maxwell & Higgs has a lien over all goods in its possession belonging to the Applicant to secure payment of any or all amounts outstanding from time to time.
Title to Goods/Monies: Risk in any product supplied by Maxwell & Higgs to the Applicant shall pass when such property is delivered to the Applicant or into custody on the Applicant’s behalf, but ownership and property in the goods delivered shall not pass to the Applicant until such time as Maxwell & Higgs has received payment in full of all monies owing to Maxwell & Higgs including but not limited to monies owing in respect of the goods specified on any particular invoice to which these terms and conditions are annexed, together with any other monies outstanding. If the goods are delivered prior to payments being made, the Applicant shall have possession of the goods by bailee only and such bailment shall be terminable by Maxwell & Higgs at any time. Maxwell & Higgs may terminate such bailment either by oral or written notice being given to the Applicant. Until the date of payment of all monies owing to Maxwell & Higgs, the Applicant, if Maxwell & Higgs desires, is required to store the goods in such a way to show