Terms
& Conditions of Trade
DEFINITIONS
Manzoni Accessories (Mahogany Leather
International) shall be denoted as ‘Manzoni’. Persons, firms or businesses
including resellers and corporate customer, shall
be denoted as
‘the Reseller’.
GENERAL
1.1 Unless otherwise agreed in writing
by Manzoni, these terms and conditions shall be incorporated into all
agreements present and future for the supply of
goods to Reseller.
1.2 Manzoni DOES NOT trade directly with
the public. Manzoni is a wholesaler and deals with resellers ONLY.
1.3 To maintain an efficient order
process, all Resellers must provide all relevant business details prior to
placing orders. This includes, trading name, ABN and
address and payment details.
1.4 Changes to existing details must be
notified in writing by reseller immediately to prevent delays.
1.5 By placing an order with Manzoni,
Resellers automatically agree to adhere to our trading terms and conditions
1.6 Manzoni management reserve the right to refuse service.
PRIVACY
All business details and information
from Resellers are held in the strict confidence.
DISTRIBUTION
3.1 The Reseller acknowledges, that where and how the products are distributed and
displayed will impact on the value of the Manzoni brand. Accordingly, it is in
the Resellers best interest that all products
are sold on the basis that those products - Will only be sold to ultimate
retail customers in the retail premise
approved in your Trading Application, will be
adequately an appropriately displayed and promoted in those premises, will not
be sold on the internet or by mail
order without prior agreement and approval from
Manzoni, will not be sold thru eBay or any other bid-purchasing style of
website.
INTELLECTUAL
PROPERTY
4.1 Manzoni is the owner of the trade
marks, designs and all copyright and other intellectual property (“IP”)
associated with or incorporated in the products and
other materials provided. The Reseller will
respect the IP and do nothing to devalue the IP or challenge Manzoni's rights
to the IP. The IP will only be used in
signage, promotions or advertising by the
Reseller with written approval from Manzoni. Additionally, the Reseller will
immediately cease use of the IP on
receipt or written demand from Manzoni.
PRODUCT
VARIANCE FROM SAMPLES & CATALOGUES
5.1 The Reseller acknowledges that
Manzoni products may include one off limited run materials that may, from time
to time, vary the final products finish slightly in
texture, colour or dimension.
5.2 It is confirmed that samples of the
products may not exactly represent the final products delivered and that the
final products may vary, in particular in the
feature materials from samples viewed by the
Reseller, but will be substantially the same.
5.3 Similarly, products represented in
Manzoni catalogues are provided as a guide to assist orders and may not exactly
represent the final products delivered and
that the final products may vary, in particular
in the feature materials from samples viewed by the Reseller, but will be
substantially the same.
5.4 Variances in products bring
uniqueness to each item. Variances in product do not justify faults in items
and will not be accepted as legitimate grounds for
returns or credits.
EXCLUSIVITY
6.1 Manzoni DOES NOT and will not offer
exclusivity to any Reseller based on the Reseller’s position respective to a
competitor.
ORDERS
7.1 Manzoni cannot accept any order for
goods under $300 ex GST, unless otherwise agreed by management.
7.2 All Verbal product orders will be
processed at the risk of the Reseller. We encourage all resellers to provide
written confirmation of product orders.
7.3 Product orders cannot be amended
after packing and/or dispatch.
7.4 Manzoni reserve
the right to change prices without notice.
BACKORDERS
8.1 Item/s out of stock at the time the
Reseller’s order is entered, and/or picked, will be automatically placed on
backorder, unless the item/s are discontinued.
8.2 If a Reseller does not wish out of
stock item/s placed on backorder for their account, they MUST contact Manzoni
Customer Service, and their account will be
set up so no backorders may be placed.
8.3 If the Reseller does not wish item/s
placed on backorder for a particular order only, they must make this clear at
the time the order is placed or within seven (7)
working days.
8.4 Backorders will be shipped as soon
as the stock becomes available and the Reseller agrees to accept all products
as ordered when delivered. Backorders do
not incur any shipping or freight charges if
delivery is within Australia.
8.5 Backorders to be shipped
internationally will incur shipping or freight charges to be born by the
Reseller.
CANCELLATIONS
9.1 Any order
cancellations must be notified, in writing, by the Reseller prior to the orders
despatch.
9.2 Failure by Resellers to notify of
cancellations or amendments to orders prior to despatch incurs a restocking fee
to the value of 10% of the cancelled invoice.
PAYMENTS
10.1 Full payment is required prior to
despatch of goods, unless otherwise agreed in Manzoni.
10.2 Overdue accounts will result in
orders being withheld until payment is received and processed.
FREIGHT/DELIVERY
11.1 Manzoni will ensure every effort is
made to despatch available products on time to ensure efficient delivery.
11.2 Manzoni provides documentation for
all outgoing orders.
11.3 All costs relating to delivery or freight
are to be born by the Reseller.
11.4 Damaged sustained during freight or
delivery is not the accountability of Manzoni. We encourage all resellers to
inspect goods on delivery or within seven (7)
days of receipt.
11.5 Manzoni endeavours to meet all
orders as placed, but for various reasons this may not be possible and
accordingly Manzoni accepts no responsibility for late
or undelivered orders.
11.6 Orders that are
requested to be split and/or delivered independently will incur a
shipping or freight charge for each order to be born by the Reseller.
WARRANTY
12.1 Manzoni offers a limited warranty on
all new goods purchased by our Resellers.
12.2 Manzoni encourages all Resellers to
inspect goods on delivery or within seven (7) days of receipt.
12.3 Please choose carefully as Manzoni
DOES NOT exchange or refund.
12.4 The Reseller must supply a receipt
of purchase to accompany faulty goods returned by a third party or retail
customer.
12.5 Faulty goods will be repaired,
replaced, or credited at Manzoni’s discretion. If an item is determined to have
been used it will be repaired.
12.6 Notification of claims must be
received within fourteen (14) days from date of invoice.
12.7 Claims/Returns will not be accepted
without a Defective Goods Form completed by the Reseller. Forms are available
on request from Manzoni.
12.8 Credits are not redeemable for cash,
only for use with the purchase of goods.
12.9 The Reseller has no right to deduct
the Reseller's returns claims that have not been subject to Manzoni inspection
and issued credit note.Such a deduction
will be in breach of these General Conditions
and Manzoni may refuse further supply until such time that the Reseller pays in
full all outstanding monies.
Manzoni Accessories places great value
on the business given to us by all of our clients and prides itself in being
able to offer quality products.
These terms and conditions have been
developed with both our existing and new clients needs in mind, for the
continued success of all our businesses.