Boxworks is an Australian company. Our contact details are:
Address: Factory 3, 5 Burgess Road
Phone: 03 8761 6075
Fax: 03 9761 6074
Monday to Friday - 9:30am - 3:30pm
Monday to Friday - 9:00am - 4:00pm
The whole of the Agreement between Circle Boxworks Pty Ltd ACN 154 441 148 and the Applicant referred to in the Credit Application (Customer’) are those set out in these Terms and Conditions as amended from time to time by Circle Boxworks Pty Ltd and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery of all or a portion of the Goods, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All Goods and packaging are charged at the price prevailing at the date of invoice which is at all times subject to fluctuations, availability and other influences outside Circle Boxworks Pty Ltd’s control. Any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services) Act 1999 (“GST”) of other government impost shall be payable by the Customer. Circle Boxworks Pty Ltd will take reasonable steps to pass to the Customer the benefit of any reduction in the amount payable by Circle Boxworks Pty Ltd resulting from the imposition of the GST.
Payment is due on or prior to thirty (30) days from the date of invoice unless otherwise stated by Circle Boxworks Pty Ltd in writing. Circle Boxworks Pty Ltd may charge liquidated damages at a rate equivalent to one and three quarter percent (1.75%) per month calculated daily if payment is not made by the due date.
The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) legal costs, services fees resulting from any credit transactions and including any further costs incurred by Circle Boxworks Pty Ltd for enforcement of obligations and recovery of monies due from the Customer to Circle Boxworks Pty Ltd.
Any times quoted for delivery are estimates only arid Circle Boxworks Pty Ltd shall not be liable for failure to deliver, or for any delay in delivery. The Customer shall not be relieved of any obligation to accept or pay for Goods due to reasonable delay in delivery or dispatch. Circle Boxworks Pty Ltd reserves the right to suspend credit and stop supply at any time if the Customer fails to comply with the Terms.
The Customer agrees to pay all freight; agent and boxing costs incurred by Circle Boxworks Pty Ltd in delivery or attempted delivery unless otherwise specifically agreed to by Circle Boxworks Pty Ltd. Where delivery is made other than by Circle Boxworks Pty Ltd, the Customer appoints Circle Boxworks Pty Ltd as its agent to arrange delivery and the risk in the Goods supplied shall pass to the Customer at the time the Goods leave the premises for the time being of Circle Boxworks Pty Ltd.
The Customer requests and irrevocably authorises Circle Boxworks Pty Ltd (or any delivery service arranged by Circle Boxworks Pty Ltd) to enter upon the Customer’s premises and the Customer accepts full responsibility from the moment of delivery. A signed statutory declaration on behalf of Circle Boxworks Pty Ltd or its servants and agents as to delivery having been affected to unattended premises shall be accepted by the Customer as conclusive proof of delivery. The Customer indemnifies and holds harmless Circle Boxworks Pty Ltd in relation to any claim whatsoever or howsoever arising or in any way associated with delivery to or onto the Customer’s premises when unattended including any claim arising from personal injury, loss or theft or otherwise arising and wherever suffered.
Claims by the Customer for short delivery or Goods damaged in transit must be made in writing within seven (7) days of delivery. Claims will not be accepted if Goods have been used or damaged by the Customer. If Circle Boxworks Pty Ltd concludes that the alleged defective Goods are in fact defective, then Circle Boxworks Pty Ltd shall provide credit for the original invoiced value of those defective Goods only.
All other claims must be made in writing within fourteen (14) days of delivery except (i) in the case of perishable goods, for which no claims will be accepted after the normal life of the Goods has expired, and (ii) in the case of seasonal goods and goods for special events as determined by Circle Boxworks Pty Ltd, in which case no claims will be accepted after the date of the expiration of relevant season or special event.
Until full payment has been made for all goods supplied by Circle Boxworks Pty Ltd under these Terms (“Goods”), and any other sums in any way outstanding from the Customer to Circle Boxworks Pty Ltd from time to time:
All sums outstanding become immediately due and payable by the Customer to Circle Boxworks Pty Ltd, if the Customer makes default in paying any other sums due to Circle Boxworks Pty Ltd, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.
The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for Circle Boxworks Pty Ltd (returning the same to Circle Boxworks Pty Ltd on request).
The Customer is only authorised to sell the Goods to third parties on behalf of Circle Boxworks Pty Ltd. All payments received from third parties by the Customer for the Goods shall be held on trust for Circle Boxworks Pty Ltd pursuant to the Bailee/Bailor relationship.
No cancellations or partial cancellations of an order by the Customer shall not be accepted by Circle Boxworks Pty Ltd unless it has first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by Circle Boxworks Pty Ltd, will indemnify Circle Boxworks Pty Ltd against all loss, without limitation. Cancellation will not be accepted on Goods that are not regular stock or which have been altered or adapted to meet the Customer’s specific requirements.
Returns will not be accepted unless Circle Boxworks Pty Ltd has been notified in writing within seven (7) days of the date of invoice and Circle Boxworks Pty Ltd has given its consent in writing and unless payment of a restocking charge of an amount up to 20% of the amount invoiced for the goods (as determined by Circle Boxworks Pty Ltd) has first been paid to Circle Boxworks Pty Ltd provided that no Goods will be accepted for return if they have been added to, modified, varied or changed in any way by anyone other than Circle Boxworks Pty Ltd.
To enable Circle Boxworks Pty Ltd to assess the Customer’s application for credit, the Customer authorises Circle Boxworks Pty Ltd:
To obtain from a credit reporting agency a credit report containing personal information about the Customer and its guarantors pursuant to Section 1 8K(1 )(b) of the Privacy Act;
To obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities.
AND in accordance with Section 1 8N(1 )(b) of the Privacy Act the Customer authorises Circle Boxworks Pty Ltd to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting agency information about the Customer’s credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act,
The Customer understands the information can be used for the purposes of assessing its application for credit (Section 1 8L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, notifying other credit providers of a default by it and assessing its credit worthiness.
The Customer must notify Circle Boxworks Pty Ltd in writing within seven (7) days of:
Any alteration of the name or ownership of the Customer.
The issue of any legal proceedings against the Customer.
The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.
Any change in the ownership of the business name of the Customer. The Customer agrees that it shall be liable to Circle Boxworks Pty Ltd for all Goods supplied to the new owner by Circle Boxworks Pty Ltd until notice of any such change is received.
No warranties except those implied and which cannot be excluded by law are given by Circle Boxworks Pty Ltd in respect of goods or services supplied. Where it is lawful to do so, the liability of Circle Boxworks Pty Ltd for a breach of a condition or warranty is limited to the replacement of the Goods, the supply of equivalent goods, the payment of the cost of replacing the Goods or acquiring equivalent goods as determined by Circle Boxworks Pty Ltd.
These Terms shall be governed and interpreted according to the laws of Victoria and Circle Boxworks Pty Ltd and the Customer consent and submit to the jurisdiction of the Courts of Victoria. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.