Our Trading Terms
Payment terms are strictly COD (Cash on delivery) unless otherwise agreed in writing between the Applicant and Viya Imports Pty Ltd. If terms have been otherwise agreed and Viya Imports Pty Ltd. does not receive payment within those terms then the Applicant shall pay Viya Imports Pty Ltd.
1. An administrative fee of $100 plus interest at a rate of 12% per annum on the outstanding amount, computed from the due date until payment.
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All cost incurred by Viya Imports Pty Ltd. in recovering any outstanding monies including debt collection agency fees, Solicitor cost or any other payment of any amount due in relation thereto, the Applicant shall be liable for such expenses.
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Viya Imports Pty Ltd. may at its absolute discretion withhold delivery of goods which are outside the credit terms.
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Title of goods shall remain with Viya Imports Pty Ltd. until payment in full for monies owing by the applicant to Viya Imports Pty Ltd. on any account, the Applicant shall hold all goods supplied by Viya Imports Pty Ltd. as Bailee for Viya Imports Pty Ltd. if goods are sold or disposed of by the Applicant prior to such payment in full, any amount received by the Applicant shall be set aside and held in trust by the Applicant for Viya Imports Pty Ltd. pending payment in full.
Privacy:-
The Applicant agrees and consents to the Privacy Act 1988
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Viya Imports Pty Ltd. may make inquires as to credit and financial position of the Applicant and using such information, including exchanging information disclosed in the Application, as it sees fit from time to time including to assess this Application.
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Viya Imports Pty Ltd. and or giving commercial references from time to time including notification of a default by the Applicant.
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Viya Imports Pty Ltd. receiving from a credit reporting agency a credit report containing personal information about the Applicant, its directors, principals in relation to collecting overdue amounts.
Jurisdiction:-
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Applicant acknowledged and agrees that this agreement shall be governed by the laws of NSW, and the laws of the Commonwealth of Australia, which are in force in NSW.
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The parties to this agreement agree to be bound by the Jurisdiction of the court of NSW and any proceedings and matters relating hereto shall take place in Sydney.
Orders and Quotes:-
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Quotations / Sales order / Pro forma invoice are on the conditions and may be withdrawn or varied without prior notice.
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You may not cancel order due to any delays and order once placed cannot be cancelled.
Damages, Shortage and Returns:-
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Viya Imports Pty Ltd. will not recognise any claims which are not received within 24 hours of the time of delivery of goods
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As every care is used in the packaging of goods, no responsibility is taken for any loss or damage which occurs in transit
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Viya Imports Pty Ltd. will accept no claim for shortages unless endorsed on the Delivery docket or Tax invoice at the time of delivery and counter signed by our courier or delivery driver. The items must be checked at the time of delivery.
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All returns are to be approved in writing, Delivery driver will accept no return of goods unless otherwise informed, 10% or $35 restocking fee whichever is higher is applicable.
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Viya Imports Pty Ltd. have right to refuse to take back product once sold.
Security/Charges:-
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The Applicant (whether by its Director, Partner or Sole Proprietor) charges in favour of Viya Imports Pty Ltd. all of its estate and interest in any real property, land and other assets that the Applicant owns at present and in the future with the amount of its indebtedness hereunder until discharged in full. The Applicant agrees to deliver up to Viya Imports Pty Ltd. on demand any title deed in which it has an interest, although the failure to do so shall not vitiate any such charge
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The Applicant charges in favour of Viya Imports Pty Ltd. all of its estate and interest in any personal property that the Applicant owns at present and in the future with the amount of its indebtedness hereunder until discharged in full.
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The applicant appoints as its duly constituted attorney Viya Imports Pty Ltd. from time to time to execute in the Applicant’s name and as the Applicant’s act and deedany real property mortgage, or consent to any caveat Viya Imports Pty Ltd. may choose to lodge against real property that the Applicant may own in any registry of titles in any state or territory of Australia, even though the Applicant may not have defaulted in carrying out its obligations here under.
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The Applicant indemnifies Viya Imports Pty Ltd. from and against all the cost and disbursement including legal costs on a solicitor and own client basis incurred in exercising the S Viya Imports Pty Ltd. right under this clause
Insolvency:-
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The Applicants directors, officers or partners are personally liable in their personal capacity under this agreement for payment of all liabilities incurred by the Applicant.
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It the Applicant becomes insolvent, the Applicant’s directors, officers or partners are and remain personally liable for payment of all liabilities incurred by the Applicant. The applicant remains liable under this agreement even if Viya Imports Pty Ltd. receives a dividend or payment as a result of applicant being insolvent
Personal Property Securities Act 2009 (PPSA):-
The Applicant agrees that these terms and conditions constitutes a security agreement for the purpose of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied I the future by the Viya impost Pty Ltd to the Applicant.
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The Applicant acknowledges that the Viya Imports Pty Ltd. may perfect its Security Interests by lodging a financing statement on the Personal Property Securities Register established under the PPS Act.
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The Applicant agrees to do all such things and sign all such documents as are necessary and reasonably required to unable Viya imports Pty ltd. to acquire a perfected security interest in all goods supplied.
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The Applicant hereby indemnifies Viya Imports Pty Ltd. against any liability for any cost or registration, maintenance, enforcement or discharge or security interest and such other costs and expense as Viya imports Pty ltd. may incur.
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The Applicant hereby agrees to waive or exclude such section of the PPSA as Viya Imports Pty Ltd. may require, subject to those sections being capable of exclusions.
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Viya Imports Pty Ltd. hereby reserves the right at any time in its sole discretion to make such amendments, alteration and additions to this clause as it may in its sole discretion determine.
Indemnity:-
The applicant agrees to indemnify Viya Imports Pty Ltd. and keep Viya Imports Pty Ltd. indemnified against any claim relating in any way to anything arising from or contemplated by these terms and conditions or the supply, or non-supply of the goods. The indemnity include, without limitations. Any legal fees and expenses Viya Imports Pty Ltd. incurs in order to enforce or protect its right, on an indemnity basis
PMSI:-
The Applicant acknowledges that under this condition Viya Imports Pty Ltd. has
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Security Interest (for the purposes of the PPS Act) in the Goods and any Proceeds until the Applicant has paid for the Goods in full. The Applicant Acknowledges that the Security Interest over the Goods (or the proceeds) is a "purchase money security interest" (" PMSI ") under the PPS Act to the extent that it secures payment of the amounts owing in relation to the Goods. The Applicant will do anything reasonably required by the Viya Imports Pty Ltd. to enable the ViyaImports Pty Ltd to register the Security Interest, with the priority the Viya Imports Pty Ltd. requires, and to maintain the registration. The Security Interest arising under this condition 8 attaches to the Goods when the Applicant obtains possession of the Goods and the parties confirm that they have not agreed that any Security Interest arising under this condition 8 attaches at any later time.
No Liability:-
In no event will the Viya Imports Pty Ltd., its officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of goodwill or loss of business reputation arising out of or in connection with the supply of Goods, even if due to the negligence of the Viya Imports Pty Ltd., its officers, employees or agents.
These Sales Conditions are not intended to exclude, restrict or modify any right which either party has under any Laws which may not be excluded, restricted or modified by agreement.