Terms & Conditions

Copyright

©Hawker Brownlow Publishing Pty Ltd 2023

18 October 2023

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Terms of Trade

Please carefully read these terms and conditions of use (the "TOU") for the Hawker Brownlow Publishing ("HBP"). All references to "You" or "you" in these TOU refer to your organisation.

PAYMENT
Payment of all monies due to HBP shall be paid by the Customer as provided without any set-off or deduction. Payment can be made either by EFT bank transfer, direct debit or credit card (Mastercard or Visa are accepted).

PAYMENT TERMS 
Goods are supplied on 14-day terms of payment from invoice date. Interest will be charged on overdue accounts as per the Penalty Interest Rate Act 1983 (Vic) plus 2%.

PROPERTY 
The Customer agrees that the title, property, ownership and interest in goods supplied by HBP shall not pass to the buyer unless and until payment is received in full of the purchase price of the goods including any amount charged for freight or interest charged.

FREIGHT 
Minimum freight costs of AUD$9.50 will apply to goods delivered within Australia. For New Zealand Customers, a minimum freight cost of NZD$15.00 will apply. Freight costs will be clearly stated on the invoice. All freight costs are the sole responsibility of the Customer.

RETURNS

  • An application to return SOR goods must be made by the Customer in writing and will only be accepted by the Company six (6) months from the date stated on the invoice to which the SOR goods relate.
  • Returns requests must be made on an official returns form or Customer letterhead and must include the reason for the return, relevant invoice number/s, book/s title and corresponding HBP code or ISBN of the goods requesting to be returned.
  • HBP reserves the right to limit the amount of SOR goods that it will approve for return.
  • The Customer accepts full responsibility for the cost of returning the SOR goods to HBP including all freight costs unless otherwise stated by the Company.
  • Returned goods that fail to reach HBP remain the sender’s responsibility and the Company is entitled to payment in full for the cost of said goods.
  • It is the Customer’s full responsibility to ensure that SOR goods are packaged and padded to minimise the risk of any damage to items whatsoever.
  • SOR books returned to HBP will only be eligible and accepted for return if approved by the Company for return and if the books are undamaged, in saleable condition, have no evidence of in-store pricing stickers and are returned within 14 days of the return’s approval being granted by HBP.
  • Goods returned to the Company not in accordance with the previous clause will be returned to the Customer at the expense of the Customer.

CLAIMS

  • At all times, HBP will endeavour to supply Customers with goods that are new and undamaged. In the unlikely event the Customer receives goods that are in any way damaged, the damaged goods must be returned to the Company within seven (7) working days of invoice date, otherwise the claim may not be accepted. 
  • Claims for short supply of invoiced goods must be reported to HBP within seven (7) working days of invoice date, otherwise the claim may not be accepted. 
  • Claims will only be accepted in writing on an official claim form or Customer letterhead and must include at least the reason for the claim, relevant invoice number/s, book title/s and corresponding HBP code or ISBN of the Goods being claimed. 

ORDERS 
The Customer agrees that at the time an order is placed this is an indication to HBP that it is solvent and is able to pay all its debts as and when they fall due.

FULFILMENT OF ORDERS

  • All orders for Goods accepted by HBP are subject to availability and where a request for specific goods cannot be fulfilled; they will be placed on Backorder and sent to the Customer when they become available. The cost of freight to supply Backordered items to the Customer will be the responsibility of HBP.
  • HBP accepts no responsibility for any loss or damage that may result from the failure to supply the amount of goods ordered by the Customer. 
  • HBP reserves the right to refuse a Customer’s order request in the event payment is outstanding for previous goods supplied by the Company. The order request will not be processed until payment is received, in full, of the purchase price of the goods – including any freight or interest charged to the Customer. 

DELIVERY DATES 
The Company will attempt to abide by the Customer’s requested delivery dates but accepts no responsibility and liability for delays or failure to meet such dates. 

PRICE 
HBP reserves the right to change the price of goods without prior notice. Invoices issued by the Company disclose a recommended retail price.

DISCOUNTS 
At the time a new Customer Account is set up, a distributor percentage discount may be offered. HBP reserves the right to review a Customer’s discount level from time to time.

RETENTION OF TITLE 

  • Customer agrees that the title, property, ownership and interest in goods received from HBP shall not pass to the Customer unless and until payment is received in full of the purchase price of the goods including any freight or interest charges. 
  • The Customer will hold the goods as fiduciary and bailee for the Company until ownership of the goods passes to the Customer. 
  • If any payment is not made by the Customer on the due date, the Customer must deliver the goods at the expense of the Customer to HBP on demand. If the Customer does not comply with such a demand, the Company, its employees or agents are entitled to do all things necessary in order to take possession of the goods. 
  • In the event of the sale of the Customer’s business or a change in its ownership, all goods held by the Customer remains the property of HBP and cannot be transferred to the new owner unless authorised by HBP in writing. 

COLLECTION COSTS 
The Customer agrees to pay in full any costs incurred by HBP to collect costs of disbursements incurred in recovering any outstanding amounts, including debt collection, agency or solicitor fees as appointed by the Company.

CREDIT LIMIT 
HBP reserves the right to institute, amend or withdraw at any time a credit limit for the Customer at the Company’s own discretion. The Customer agrees to pay on demand all monies owing in connection with this credit facility in the event the credit facility is withdrawn.

PRIVACY

  • The Customer agrees that HBP may make any inquiries necessary to investigate the Customer’s creditworthiness with the Trade References provided. The Customer authorises the Trade References to disclose any information in their possession to HBP concerning its creditworthiness. 
  • The Customer agrees that HBP may disclose any information in its possession concerning the Customer’s creditworthiness to another party when HBP is nominated as a Trade Reference for the Customer. 

ACCEPTANCES

  • HBP reserves the right to accept or decline this application at its absolute discretion. 
  • All orders are accepted and supplied by HBP on the basis that the Customer agrees to and abides by the Terms of Trade as outlined in this document.

REVIEW OF TERMS 
HBP reserves the right to review or change the Terms of Trade at its discretion.

DEFINITIONS 
“GOODS” means any books or resources ordered from the Company by the Customer pursuant to these Terms of Trade. 
“SALE OR RETURN CONDITIONS” means the conditions of sale, which allows the Customer to apply to the Company to return the Goods, if not sold, subject to restrictions stated earlier in the “RETURNS” section.