Terms and Conditions of Credit Agreement and sale of Hairy Man Care products.
Wherever stated, ‘HMC means HAIRY MAN CARE, and ‘Customer’ means the person or persons or company making an application for a wholesale account with HMC and includes their legal representatives, administrators, successors and/or permitted assignees.
This agreement is governed by the laws of the state of Western Australia and the applicable laws of the Commonwealth of Australia. The customer submits to the non-exclusive jurisdiction of the courts of any state or territory of Australia as elected by HMC in its absolute discretion.
  1. In applying for a wholesale account with HMC, the customer expressly agrees that the terms and conditions set out here will be operative and take precedence over anything stated.
  1. If the Customer is a trustee of any trust.
    (a)    It is bound by these terms and conditions and charges its freehold property which it holds as trustee for the trust; and
    (b)    It warrants that it has authority and power to trade with HMC and to charge its land in accordance with these terms and conditions under the trust instrument and by operation of law.
  1. The Customer hereby agrees to charge its/his/her/their interest and estate in all land presently held or hereafter acquired by it/him/her/their so as to better secure the performance of the customer of these terms and conditions and the applicant hereby consents to the lodging of a caveat by HMC on all certificates of title to any of the land so held by the customer.
  1. The Customer agrees to notify HMC in writing within 14 days prior to any proposed change in the legal entity structure, management or control of the Customer’s business, if the customer fails to notify HMC of such a change the customer agrees that the customer remains solely responsible for the stock being produced from existing orders.
  1. Any request for the cancellation of any order must be in writing. Any such request shall be of no force or effect and shall not be binding on HMC unless and until cancellation is accepted by HMC in writing. Cancellation of any order shall be at the sole discretion of HMC.
  1. Should HMC be liable in damages to the customer or for a breach of a condition or warranty implied by the Trade Practices Act or equivalent State/Territory Legislation then the liability of HMC shall, at its option, be limited to any one or more of the following:
    1. Replacement of the goods or the supply of equivalent goods.
    2. The repair of the goods.
    3. Cost or replacement or repair of the goods.
  1. Limitations of Trade agreement and acknowledgement:
    1. The customer agrees that all goods delivered by HMC shall only be sold via authorized retail outlets unless by prior written consent from HMC.
    2. The customer has no authority or right to resell any HMC goods to other retailers, wholesalers, distributors, etc within Australia, it’s states and territories or internationally.
  1. Freight is included on invoices and is payable by the customer.
  1. The due date for payment of all invoices is payable prior to shipment of order. 
  2. Subject to the rights of the customer under the Trade Practices Act or equivalent State/Territory Legislation:
      1. All claims for short or damaged delivery or faulty goods must be made within 7 days of receipt of goods and returns will not be accepted without prior agreement.
      2. The signature of the customer or any of its staff on the consignment note or delivery docket indicates the customer’s receipt both of the number of goods and also of the number of products within the package.
    HMC shall not be liable whatsoever for any direct, indirect or consequential loss or damage suffered by the customer or any third party howsoever caused by non-delivery or delay in delivery of goods by the date or dates as may be specified by HMC or the Customer.
    Credit notes are not transferable for cash money without the prior written consent of the Company Director/s &/or Officer/s of the Company or as required by the respective legislative bodies of the state of Western Australia or the Commonwealth of Australia.
      The Customer hereby agrees to all terms stated in the Conditions of Sale on all HMC purchase &/or sales orders.