Signing of this account application you are consenting to pay on time, and accept the terms and conditions and understand that this account form is a legally binding contract, and overrides any terms and conditions the account holder may have or use.

PRODUX pty ltd will not except any cost damages for late deliveries or delays in manufacture or supply of goods which are supplied by PRODUX pty ltd’s vendor’s, the account holder will always be responsible for liquidated damages or any back charges.

Documentation: A copy must be sent immediately to the PRODUX PTY LTD sales department. Complaints regarding missing pack, rolls or pallets which are not recorded on the transport documentation will not be accepted. Complaints will only be accepted within 5 days of the receipt of the goods specified on the transport documentation and must include full details of the reason for the complaint.

Outstanding Payments must be completed on or by the 30^th or 31^st of every month, if weekends or holidays conflict with the end of month terms all payments are due before close of business of the weekend or holiday. If you are closing your business for a holiday or small break period the same terms apply, (interest penalty for late payment can apply PRODUX PTY LTD reserves the right to apply interest or damage costs).

PRODUX PTY LTD reserves rights on overdue / outstanding debts including interest charged, the outstanding amounts will be recovered from the company and  Director / owner of the account application.

If PRODUX PTY LTD allows a credit account, credit application form must be completed in full and additional information disclosed that PRODUX PTY LTD may need time to time. PRODUX PTY LTD reserved the right, if credit is granted, to withdraw, limit or cancel credit, or requires payment earlier than time allocated, or cash on delivery. All sales are subject to an irrevocable letter of credit, which may be waived at the discretion of PRODUX PTY LTD. In the event payment is not being made within the established terms, PRODUX PTY LTD reserves the right to suspend or cancel any delivers still outstanding without prior warning, and any other orders which have already been accepted.  Any dispute of any nature does not give the purchaser the right to withhold Outstanding payments.

Orders already carried out and invoiced, even partially, will be subject to the conditions agreed; meaning payment for goods forwarded will not be dependable on completion of the order. Payments which are delayed beyond the deadlines indicated on the invoice, without being prejudicial to any other action, will have overdue interest charged at a rate of 5% on top of current bank rates, accruing daily from the date the amount became due to the date of payment and shall be payable on demand. PRODUX PTY LTD will also be entitled to claim the cost and expenses incurred in seeking the collection of payment and for any loss experienced from failure of payment/s.

b) The Customer grants permission to PRODUX pty ltd to enter any property where any product is in order to do so & with such force as is necessary.

c) Immediately upon delivery the Customer accepts liability for the safe custody of the products & agrees to indemnify PRODUX pty ltd for any losses relating thereto.

d) Upon sale or disposition of any products prior to full payment, the Customer agrees to deposit all proceeds in a separate bank account, agrees not to mix proceeds with any other monies & will forthwith account to PRODUX pty ltd therefore notwithstanding that PRODUX pty ltd may have granted any credit facility &/or time to pay.

e) Until payment in full the Customer agrees:- (i) to keep all products as fiduciary for PRODUX pty ltd & store them in a manner which shows PRODUX pty ltd as owner (ii) only to sell products in the usual course of its business on condition that the Customer holds all proceeds in trust for PRODUX pty ltd.  (iii) sale on terms, at cost or for less than cost shall not be “in the usual course”.

f) This clause 3 is not intended to create a charge over any products & shall be read down to the extent necessary to avoid creating a charge.

g) The Customer agrees that a certificate purporting to be signed by an officer of PRODUX pty ltd identifying products shall be conclusive evidence of PRODUX pty ltd title thereto.

h) If the Customer uses product in any manufacture, construction or process (“process”) the Customer agrees to hold such part of proceeds of disposition which relates to the cost of products used in the process, upon trust for PRODUX pty ltd until payment in full of all monies owed to PRODUX pty ltd.

i) PRODUX pty ltd shall remain the sole and absolute owner of the goods until the price for the goods and all other goods in the consignment has been received in full.

Conditions necessary for the acceptance of returned goods;
a) The material must be returned in excellent condition and perfectly packaged.
b) The transport documentation must state “returned goods” and not “sales”.
c) The transport documentation must include all references to the original purchase.
d) A credit notice must be issued by PRODUX PTY LTD.
e) All returns are responsible to the consumer / account holder this includes freight charges for the return of any goods.
f) If goods are incorrectly purchased and are returned a 25% restocking fee will be charged, this fee dose not included freight please refer section 11 line (E) of this account form.

Any returns that do not comply with the above mentioned conditions will be automatically rejected. In the event of the material being returned in bad condition, or claims of technical non-compliance being unfounded, PRODUX PTY LTD reserves the right to charge to the customer costs incurred and will dock them directly form the credit note at a flat rate percentage on the value of the goods.