Click and Collect from Port Melbourne is available at checkout

Terms and conditions

  1. General
    The whole of the Agreement between PR Packaging Pty Ltd and the Applicant referred to in the Credit Application (“Customer”) and those set out in these Terms and Conditions as amended from time to time 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 counteroffer. By receiving delivery and/or supply of all or a portion of the materials and/or parts and/or labour and/or services and to have agreed that they shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All Goods are charged at the price ruling at the date of invoice and any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services) Act 1999 (“GST”) or other government imposts shall be payable by the Customer.

 

  1. Credit Terms
    2.1 Payment is due on or prior to thirty (30) days from the date of invoice rendered in respect of the supply of the Goods unless otherwise stated in writing by PR Packaging Pty Ltd and PR Packaging Pty Ltd may charge liquidated damages at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic) if payment is not received by the due date.
    2.2 The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a Solicitor/client basis) incurred by PR Packaging Pty Ltd for enforcement of obligations and recovery of monies due from the Customer to PR Packaging Pty Ltd.

 

  1. Delivery & Supply

    Any times quoted for delivery and/or supply are estimates only and PR Packaging Pty Ltd shall not be liable for failure to delivery/supply, or for the delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for goods, by reason of any delay in delivery/supply or dispatch. PR Packaging Pty Ltd reserves the right to stop supply at any time if the Customer fails to comply with the Terms. PR Packaging Pty Ltd estimates that delivery/supply will occur in Australia between 5-7 business days from the date of clearance of payment.
    PR Packaging Pty Ltd reserve the right to supply customer email and/or mobile phone number to courier companies for the purpose of receiving SMS/email delivery.

 

  1. Property
    Until full payment has been made for all goods supplied by PR Packaging Pty Ltd under these Terms (“Goods”), and any other sums in any way outstanding from the Customer to PR Packaging Pty Ltd from time to time.

      4.1 All sums outstanding become immediately due and payable by the Customer to PR Packaging Pty Ltd if the Customer makes default in paying any other sums due to PR Packaging 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.
      4.2 The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for PR Packaging Pty Ltd (returning the same to PR Packaging Pty Ltd on request). the Goods shall nevertheless be at the risk of the Customer from the time to time delivery/supply and the Customer must insure the Goods from the time of delivery/supply.
      4.3 The Customer is only authorised to sell the Goods (or any portion of them) to third parties as the fiduciary agent of PR Packaging Pty Ltd provided that there shall be no right to bind PR Packaging Pty Ltd to any liability to such third party by contract or otherwise. All payments (direct or indirect) received from such third parties by the Customer for the Goods (or any portion of them) shall be held on trust for PR Packaging Pty Ltd pursuant to the fiduciary relationship.
      4.4 In the event that the Customer incorporated or transforms the Goods (or any portion of them) into any other goods or products produced by the Customer (or a third party), then the Customer must hold a proportion of any payment (“relevant proportion”) received by the Customer for such goods or products on trust for PR Packaging Pty Ltd. The Customer expressly acknowledges that the relevant proportion shall be equal to the dollar value the portion of the Goods incorporated or transformed and the Customer further acknowledges that any part payment (not exceeding the relevant proportion) received by the Customer for such goods or products is received as payment first of the relevant proportion.
      4.5 PR Packaging Pty Ltd is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.

 

  1. Cancellation and Claims
    5.1 No cancellation or partial cancellation of any order by the Customer shall be accepted by PR Packaging 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 PR Packaging Pty Ltd will indemnify PR Packaging Pty Ltd against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.
    5.2 All complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with the Customer’s purchase order or instructions must be submitted by the Customer to PR Packaging Pty Ltd in writing within seven (7) business days of the date of the invoice rendered for the supply of the Goods. Otherwise, the Customer shall be deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order or instructions.

 

  1. Privacy Act 1988 (“Privacy Act”)
    To enable PR Packaging Pty Ltd to access the Customer’s Application for credit, the Customer authorises PR Packaging Pty Ltd.
      6.1 to obtain from a credit reporting agency a credit report containing personal information about the Customer and its Guarantors pursuant to Section 18K(1)(b) of the Privacy Act; and
      6.2 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 18N(1)(b) of the Privacy Act the Customer authorises PR Packaging Pty Ltd to give to and obtain from any credit provider 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 18L(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.

 

  1. Notification
    The Customer must notify PR Packaging Pty Ltd in writing within seven (7) days of:

      7.1 any alteration of the name or ownership of the Customer;
      7.2 the issue of any legal proceedings against the Customer;
      7.3 the appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer;
      7.4 any change in the ownership of the business name of the Customer. The Customer agrees that it shall be liable to PR Packaging Pty Ltd for all Goods supplied to the new owner by PR Packaging Pty Ltd until notice of any such change is received.

 

  1. Charge over Land
    The Customer and its directors hereby charges all of their right, title and interest (if any) in the property or properties referred to in the application and also any property or properties that they own currently or may acquire in the future (solely or jointly) or have or will have a beneficial interest in, in favour of PR Packaging Pty Ltd, with due and punctual observance and performance of all of the obligations of the Customer. The Customer or such person(s) acknowledges that PR Packaging Pty Ltd, may at its discretion register and lodge a caveat(s) on such property or properties in respect of the interests conferred on it under this clause. Such registration of a caveat by PR Packaging Pty Ltd over the Customer’s property or properties shall not be challenged by the Customer in any way whatsoever, and the Customer agrees not to attempt to have the caveat removed, until such time as the Customer has paid all monies owing by it to PR Packaging Pty Ltd as claimed from time to time.

 

  1. Warranties
    No warranties except those implied and which cannot be excluded by law are given by PR Packaging Pty Ltd in respect of goods or services supplied. Where goods have been sold at significantly under normal pricing as job lots or as specials the Customer hereby confirms that they have purchased such goods with full knowledge that there are no warranties and that the goods may not be fit for the purpose or of merchantable quality.
    The Customer has undertaken its own tests of said goods and accepts said Goods in their current state and will make no claim against PR Packaging Pty Ltd in respect of the supply of said goods. Where it is lawful to do so, the liability of PR Packaging Pty Ltd for a breach of a condition of warranty is limited to the repair or replacement of the goods, the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring equivalent goods, the supplying of the services again or the payment of the cost of having the services supplied again, as determined by PR Packaging Pty Ltd.

 

  1. Legal Construction
    10.1 These Terms shall be governed by and interpreted according to the laws of Victoria and PR Packaging Pty Ltd and the Customer consent and submit to the jurisdiction of the Courts of Victoria.
    10.2 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.

 

  1. Personal Property Securities Act 2009
    11.1 The Customer acknowledges that it grants PR Packaging Pty Ltd a security interest in all present and after acquired Goods supplied by PR Packaging Pty Ltd and their proceeds to secure all moneys owing to PR Packaging Pty Ltd now and in the future in respect of the supply of Goods.
    11.2 The Customer undertakes to provide any information that PR Packaging Pty Ltd may reasonably require to enable PR Packaging Pty Ltd to perfect and maintain the perfection of PR Packaging Pty Ltd’s security interest (including by registration of a financing statement).
    11.3 The Customer undertakes to immediately notify PR Packaging Pty Ltd in writing of any changes in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Customer’s address, facsimile number, trading name or business practice).
    11.4 The Customer waives its right to receive a verification statement in respect of any financing statement and agree to the extent permitted by law that:
      (a) Where PR Packaging Pty Ltd have rights in addition to, or existing separately from those in Chapter 4 of the PPSA, those rights will continue to apply and in particular, will not be limited by Part 4.3 in Chapter 4; and
      (b) The rights of the Customer as debtor under Sections 130, 132, 135 and 137 shall not apply to these terms and conditions.
    11.5 The Customer will pay all costs, expenses and other changes incurred, expended or payable by PR Packaging Pty Ltd in relation to the filing of a financing statement or financing change statement in connection with these terms and conditions.
    11.6 The Customer agree you will not allow security interests to be created or registered over the goods in priority to the security interest(s) held by PR Packaging Pty Ltd
    11.7 Goods means all goods we supply to the Customer from time to time, provided that:
      (a) (but solely for the purpose of the application of the PPSA) where the goods supplied are the Customer’s inventory, then all references to Goods in these terms and conditions shall in respect of those goods, be read as references to inventory for so long as they are held as inventory; and
      (b) where the goods supplied are not, or are no longer held as, the Customer’s inventory, then all references to Goods in these terms and conditions shall, in respect of those goods mean the goods described in any one or more of the relevant order form, packing slip or invoice (or its equivalent, whatever called) prepared by PR Packaging Pty Ltd and relating to those goods, on the basis that each such order form, packing slip or invoice (or its equivalent) is deemed to be assented to by the Customer, incorporated in, and form part of these terms and conditions; and
      (c) unless the context requires otherwise, includes all proceeds of such Goods and any product or mass which the Goods subsequently become part of.
    11.8 PPSA means the Personal Property Securities Act 2009.

 

  1. Competition And Consumer Act 2010
    12.1 Where the terms and conditions would otherwise be subject to the Competition and Consumer Act 2010 (“Act”), the Customer agrees that the Customer is acquiring the Goods for business purposes and that the Act does not apply to the supply of the Goods to the Customer.
    12.2 If the Customer is a consumer as defined in section 4B of the Competition and Consumer Act 2010, and the Customer has not contracted out of the Act under subclause 12.1 of these Terms and Conditions, nothing in these Terms and Conditions will limit any rights the Customer may have under this Act.

 

  1. Limited Liability
    13.1 Without restricting the limitation of liability contained elsewhere in these terms and conditions, PR Packaging Pty Ltd’s liability in relation to the supply of the Goods and the Goods themselves is limited to the purchase price of the Goods in respect of which such liability arises. PR Packaging Pty Ltd has no further liability or responsibility for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising.