Terms & Conditions
ZOO PETS PTY LTD
TERMS AND CONDITIONS OF TRADE
“Zoo Pets” means Zoo Pets PTY LTD (ACN 612 180 908).
“Customer” means the party to whom Products are sold by Zoo Pets and includes Wholesalers/Distributors.
“Order” means an offer by a Customer to purchase Products from Zoo Pets.
“Products” includes Animal Health Care Goods and Accessories supplied by Zoo Pets.
- Sale Terms
These conditions of sale apply to all transactions between Zoo Pets and the Customer including all quotations, offers, orders or sales and will prevail over all conditions of the transaction to the extent of any inconsistency. To the extent that these terms and conditions may be varied over time by Zoo Pets then the conditions current at the time of acceptance of any specific order or part of an order shall apply. Zoo Pets shall not be required nor responsible to notify the Customer of the existence or content of any such variation.
- Placement of Orders
Orders may be placed by the Customer either by Telephone, Facsimile, Mail or Email to [email protected]
In placing an order, the Customer acknowledges its acceptance of these Terms and Conditions. No order requiring a future-dated invoice will be accepted without prior written approval from Zoo Pets head office.
- Acceptance of Order
Zoo Pets may accept any order in whole or in part. Delivery by Zoo Pets of Products pursuant to an order made by the Customer (whether by single or multiple delivery) shall be taken as acceptance to the extent delivered. Accepted orders may not be varied or cancelled by the Customer without the consent of Zoo Pets and (subject to the conditions set out herein) there is no right of return.
- Back Orders
Zoo Pets will not accept or hold backorders. Any item not supplied should be reordered with the next order.
The price to be paid for the Products shall be as expressly agreed between the parties or otherwise such price as indicated on invoices provided by Zoo Pets to the Customer.
All prices supplied will be in Australian Dollars (AUD) and exclude GST, freight, insurance and any other government charges/fees. Prices are subject to change. All sales of Products by Zoo Pets to the Customer shall be made pursuant to these Terms and Conditions at such prices and on such terms, as Zoo Pets shall establish from time to time with at least thirty (30) days written notice.
Distributor Prices listed are price per unit (unless otherwise stated), but minimum order quantity / shipper quantity buys apply on certain lines as specified. Distributor prices exclude GST.
List prices shown are suggested wholesaler prices and are GST exclusive.
Suggested Retail Prices (SRP) shown, are suggested retail prices only and are GST inclusive.
Prior to acceptance of an order, Zoo Pets may change its published prices at any time without notice. The customer is not entitled to any credit for stock on hand in the event of a price reduction after the order has been invoiced.
Zoo Pets reserves the right to recover from the Customer any Goods and Services Tax (GST) payable in respect of supply of Products where applicable.
- Credit Granting
Zoo Pets may accept an order and allow credit for part or all of its value or may accept an order and require pre‑payment as a condition of delivery. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been approved for the Customer, all invoices issued by Zoo Pets are due and payable no later than 30 days after the date of Zoo Pets’ invoice (or such other date for payment as the Customer and Zoo Pets may agree in writing).
Delivery of Products may not be refused by the Customer after an order has been accepted by Zoo Pets. Delivery is to the delivery point accepted by Zoo Pets. The Customer shall make all arrangements necessary to accept delivery of the Products whenever they are tendered for delivery. In the event that the Customer is unable to accept delivery of the Products as arranged, then Zoo Pets shall be entitled to charge a fee for redelivery at the current rate charged by the freight carrier. Delivery of the Products to a third party nominated by the Customer is deemed to be delivered to the Customer for the purposes of this agreement. A re-direction fee will be charged for this service.
- Delivery Address
Orders will not be sent directly to the client of the distributor without prior written approval from Zoo Pets head office. If, upon approval, goods are to be delivered in Australia directly to a client of the distributor, the distributor will be invoiced for the following charges:
- Freight (even if the client of the distributor is in the nominated “freight free” zone a (see para 10).
- Handling charge if the order is under $550.00 (including GST), and
- Re-Direction fee of $15.00 (plus GST).
If the Customer requires regular delivery of Product to more than one delivery address, Zoo Pets reserves the right to open separate accounts for each delivery address.
- Freight and Handling charges
Deliveries in Australia
Orders over $550.00 (including GST) will be delivered “Freight Free” to the following states and territories: NSW, Victoria, Queensland, South Australia, Australian Capital Territory and WA Perth (Metro) when delivered to the distributor’s nominated warehouse.
Orders under $550.00 (including GST) within the above “Freight Free” states and territories will attract a $25.00 (plus GST) handling charge.
Orders for distributors in Tasmania, Western Australia, Northern Territory or outside of the “Freight Free” zones will be charged freight. If own carrier is preferred, all freight costs will be the responsibility of the distributor.
Zoo Pets may charge for freight and handling for a range of products delivered to particular destinations at rates dependent on distance and volume of Products supplied. Additional freight charges may be charged where the Customer requests urgent delivery of the Products. The rates are subject to change at any time without notice.
Unless otherwise requested, all orders will be as per Incoterms 2000 EXW (Ex works)
The Distributor is responsible for all export transportation costs (including export freight and any local transportation upon arrival in The Distributor’s home port) and any duties/charges in The Distributor’s country.
Where Products are delivered on a Chep pallet, the Customer must either exchange the equivalent amount of Chep pallets with the transport company delivering the goods, or transfer the pallets through a valid Chep account. Any Chep pallets not replaced or transferred shall be invoiced at current replacement cost to the Customer. All pallets delivered to the Customer become the responsibility of the Customer.
- Hand Unload and Tailgate Deliveries
If the Customer is unable to supply or does not have a forklift, additional charges will apply for a hand unload or tailgate delivery.
- Passing of Risk
The Risk (but not title) in respect of Products sold passes to the Customer immediately upon delivery of the Products to the Customer or upon collection of the Products by the Customer, the Customer’s agent or any courier as the case may be.
- Retention of Title to the Products Pending Payment
Title to and property in all Products supplied by Zoo Pets is retained by Zoo Pets until such time as the Customer has paid in full all debts outstanding by the Customer to Zoo Pets or until the Customer has resold and delivered the relevant Product to a genuine arms length customer. Until ownership of the Products has passed to the Customer, the Customer shall keep the Products in question as fiduciary agent and bailee for and on behalf of Zoo Pets, and shall keep the Products properly stored, protected and insured. The Customer shall, if directed by Zoo Pets, store the Products supplied in such a way that it is clear that they are the property of Zoo Pets and that title remains with Zoo Pets.
- Claims and Returns
Except for Zoo Pets’ products that are deemed and proven to be defective at the time of sale to the Customer, Zoo Pets shall not be obligated to accept any of the Products that are returned. Any returns will be at the discretion of Zoo Pets and if approved to be returned, must be accompanied by a return authorisation number. In the event such returns are accepted, Zoo Pets may impose a restocking charge.
Any claims on goods delivered must be made to Zoo Pets within 48 hours of receipt. Please contact Zoo Pets Customer Service by Telephone or Email for your claim and for a Return Authorisation (RA) number. When an RA has been issued, the product(s) to which it relates must be returned within seven (7) days of issue of the RA, by the shipping method nominated by Zoo Pets.
In the event that the goods being returned are due to being ordered in error, an administration charge will apply. Any goods returned without the appropriate authorisation will incur an administration charge.
Due to WorkCover requirements, our Territory Managers are not permitted to pick up returns.
- Disputed Charges
If the Customer objects to any invoiced item, the Customer may withhold payment of the disputed amount, but only if on or before payment or the due date for payment (whichever first occurs), the undisputed amount is paid in full and notice in writing of the dispute is given to Zoo Pets, setting out the details of the amount disputed, the reasons for the dispute, and the basis for calculating the disputed amount. Zoo Pets will investigate all disputes. If the amount is found to be payable (in whole or in part) then the Customer must pay the due amount within seven (7) days of receiving notice and the basis of the decision. Invoiced amounts that are not objected to in writing within thirty (30) days of the invoice date will be deemed to be correctly charged.
- Credit Policy and Default
If Zoo Pets is not paid for any Products within the credit terms specified herein, without prejudice to any other right or remedy, Zoo Pets may charge interest on all amounts not paid by the Customer within the agreed term for payment at a rate of 2% per calendar month, calculated from the due date and accruing monthly there from until the date of payment and Zoo Pets may recover the price of the Products together with all interest forthwith from the Customer as a liquidated debt irrespective of any claim that the Customer may have against Zoo Pets for anything or matter related to the Products delivered under these terms. The Customer shall indemnify Zoo Pets from and against all expenses costs and disbursements incurred by Zoo Pets in pursuing the debt including all reasonably charged legal costs on a “solicitor and own client” basis and the fees charged to Zoo Pets by any mercantile agency. In addition, Zoo Pets may at its sole discretion:
- cancel any provision of credit to the Customer;
- reverse any discounts allowed;
- require cash pre‑payment for any further Products ordered;
- provide to a credit reporting agency details of the payment default;
- commence legal proceedings against the Customer (and any guarantors) for all outstanding amounts, interest and costs;
- decline to supply Products to the Customer and terminate any other agreement with the Customer; and
- exercise any other rights at law.
A certificate of debt signed by a representative of Zoo Pets shall be prima facie evidence and proof of money owing by the Customer to Zoo Pets at that time.
- Returned Cheques
An administration fee plus all associated bank charges may be applied to any cheque payment returned unpaid by the bank for whatever reason.
- No Set-off
The Customer shall not be entitled to set off against or deduct from the price of Products sold any sums owed or claimed to be owed to the Customer by Zoo Pets or any third party, unless prior written agreement has been made with Zoo Pets.
- Acts of Default
Zoo Pets 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 Customer where the Customer:
- defaults on any payment due under the agreement;
- being a natural person, commits an act of bankruptcy;
- being a corporation, is subject to:
- a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;
- 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 Customer’s property and undertaking;
- the entering of a scheme of arrangement (other than for the purpose of restructuring); or
- any assignment for the benefit of creditors.
- Reservation of Rights
Notwithstanding any other provision to the contrary, if any amount is not paid by the Customer within the time for payment as provided for herein, Zoo Pets reserves the following rights in relation to the Products until all amounts owed by the Customer to Zoo Pets in respect of the Products and all other Products and services supplied to the Customer by Zoo Pets at any time are fully paid:
- legal and equitable ownership of the Products;
- to retake possession of the Products; and
- to keep or resell any of the Products repossessed.
The Customer hereby grants full leave and irrevocable license without any liability to Zoo Pets and any person authorised by Zoo Pets to enter any premises where the Products may for the time being be placed or stored for the purpose of retaking possession of the Products.
- Disclaimer and Limitation of Liability
The Trade Practices Act and various State Acts imply certain warranties into transactions which in certain circumstances cannot be excluded. Notwithstanding this (but subject to such laws as necessarily apply) the Customer acknowledges that it has not relied on any advice given or made by or on behalf of Zoo Pets in connection with the Products. Zoo Pets excludes all implied conditions and warranties from this agreement, except any conditional warranty (such as conditions or warranties implied by the Trade Practices Act and State Acts) to the extent that they cannot be excluded (“Non Excludable Conditions”). Zoo Pets limits its liability:
- for breach of any Non Excludable Conditions to the extent that liability for such breach can by law be limited to the invoice cost of the Products supplied; and
- for any error or omission in delivery of the Products caused by Zoo Pets to (at Zoo Pets’ sole discretion) resupply of the Products affected by the breach, or the payment of the cost of resupply.
Subject to this Clause, Zoo Pets excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with this agreement whether that liability lies in contract, tort (including Zoo Pets’ negligence) or under statute. Without limitation, Zoo Pets will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity. The Customer indemnifies Zoo Pets and its officers, employees, contractors and agents against any costs, expenses, losses, damages and liability suffered or incurred arising from the Customer’s breach of this agreement and any negligent or unlawful act or omission of the Customer in connection with the Products.
- Force Majeure
While Zoo Pets endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Customer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. Should circumstances beyond the control of Zoo Pets prevent or hinder delivery, Zoo Pets will be free from any obligation to deliver goods while such circumstances continue. For as long as such circumstances exist, Zoo Pets 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 Zoo Pets 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.
- Privacy Information
Zoo Pets may give information about the Customer, its guarantors, directors or proprietors to a credit reporting agency or other third party for the following purposes:
- to obtain a consumer credit report about the Customer, its guarantors, directors or proprietors;
- allow the credit reporting agency to create or maintain a credit information file containing information about the Customer, its guarantors, directors or proprietors; and
- to obtain commercial credit information about the Customer, its guarantors, directors or proprietors from a credit reporting agency.
- for market analysis.
- No Assignment
The Customer may not assign or subcontract any contract for the purchase of Products or its obligations under this agreement.
In the event that the Customer sells its business, the Customer shall be responsible to notify Zoo Pets in writing of such sale to enable the account to be closed. If the Customer fails to so notify then the Customer shall be jointly and severally liable to Zoo Pets for the payment of Products subsequently sold to a third party on the Customer’s account as if the Customer had ordered the Products itself.
- Waiver of terms of agreement
The failure by Zoo Pets to exercise, or delay in exercising, any right, power or privilege available to it under this agreement will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any right or power.
- Entire Agreement
This document represents the entire agreement between the parties. The Terms and Conditions contained herein can only be waived or varied in writing signed by Zoo Pets.
- Proper Law
The agreement is governed by and will be construed in accordance with the laws of the State of NSW and the parties agree to submit to the exclusive jurisdiction of the Courts of the State of NSW.
Words in italics have the meanings set out in the Corporations Act 2001 Cth. In these Terms unless the contrary is expressly provided:
- the singular includes the plural and vice versa;
- a gender includes each other gender;
- days mean consecutive calendar days;
- headings are for convenience only and do not affect interpretation;
- reference to legislation or a provision of any legislation includes modifications or re-enactments of the legislation, or any legislative provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation;
- if there is more than one Customer, then each of them will be jointly and severally liable to Zoo Pets.
Zoo Pets may serve any notice on the Customer by forwarding it by ordinary pre-paid post to the address of the Customer last known to Zoo Pets.
If any term of this agreement shall be invalid, void, illegal or unenforceable, the remaining provisions shall not be affected, prejudiced or impaired.
Zoo Pets may assign or licence or subcontract all or any parts of its rights and obligations hereunder without the Customer’s agreement or consent.
Zoo Pets may terminate this agreement at any time, by giving notice in writing to the Customer.
Redeem your free SeaFlex for Dog or SeaFlex for Cat Offer
TERMS OF OFFER
1. The Offer is available to Australian residents aged 18 years and over who provide an Australian postal address and comply with the requirements of these Terms of Offer. Employees of The Promoter (Zoo Pets Pty Ltd), Zoo Pets associated companies, Zoo Pet’s service provider companies and their immediate families are ineligible to claim this Offer.
2. SeaFlex products participating in this Offer are for the following product ranges: SeaFlex for Dogs 450g, Seaflex for Cats 100g (“Participating Product”).
3. Veterinarian Clinics participating in this Offer are clinics who sell Participating Products and operate from shop fronts in Australia (including both the shop front and any online store operated by such clinics) (“Participating Clinic”). A Participating Clinic does not include a retailer which only operates online stores with no shop fronts.
4. To claim the Offer:
a. Purchase a Participating Product from a Participating Clinic between Monday 25 May 2015 and close of business on Monday 31 August 2015;
b. Complete the feedback form available from Participating Clinics; return it to your veterinarian to complete the bottom section of the form. Attach the proof of purchase and either you or your veterinarian post it to: “SeaFlex Feedback Form Promotion, Reply Paid 335, HORSLEY PARK NSW 2175”. Or you can ask your veterinarian to fax back the form along with your proof of purchase to (02) 8868 8647.
When applying by post, we strongly advise that you photocopy the completed feedback form before posting your application to “SeaFlex Feedback Form Promotion” and hold on to a copy of your proof of purchase until your free product has been received. Zoo Pets does not accept responsibility for any late applications or applications lost in the post.
c. Claims must be received by Zoo Pets no later than Friday 4 September 2015 at 5.00pm AEST or last mail delivered on that date (“Claims Close Date”).
5. The Offer is not available in conjunction with any other SeaFlex promotion, offer or discount.
6. One claim per pet is permitted, and up to a maximum of five claims per customer and/or per household.
7. Zoo Pets reserves the right to verify the validity of all claims and reserves the right to disqualify any individual claimant or group of claimants for tampering with the claim process. Proof of purchase documentation must clearly show the Participating Clinic, the Participating Product, the price paid and the date of the purchase. Claim details that are illegible or incomplete will be considered void.
8. This Offer is not redeemable in-store (unless otherwise communicated by Zoo Pets).
9. The Offer is for either a full size pack of SeaFlex for Dogs 450g or a full size pack of SeaFlex for Cats 100g, which will be delivered by post to the postal address supplied on the feedback form. The value of the free product will be as follows:
a. A purchase of the SeaFlex for Dogs 450g will entitle the claimant to a free Seaflex for Dogs valued at $50.75 RRP and
b. A purchase of the SeaFlex for Cats 100g will entitle the claimant to a free Seaflex for Cats 100g valued at $27.50 RRP.
10. The free product is delivered in the form of a post parcel and successful claimants should allow 10 days from when their claim has been processed and approved to receive the free product at their address specified on the feedback form.
11. Zoo Pets reserves the right to refuse any claim if the Participating Product is returned to the place of sale for refund.
13. Promoter is Zoo Pets Pty Ltd (ABN 34 612 180 908) trading as Zoo Pets of 4/3 Terrace Road, North Richmond NSW 2754.