- Terms of Trade (ToT)
- ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
- Customer means any person or entity acquiring Goods from the Supplier, including wholesalers, distributors and resellers.
- Contract means any contract formed for the supply of Goods incorporating these Terms, any Quote, Order or Sales Invoice.
- Distributor means a Customer authorised by the Supplier to resell Goods.
- Goods means all goods supplied by the Supplier, including components, accessories and replacement parts.
- Order means a purchase order placed by the Customer and accepted by the Supplier.
- PPS Law means the Personal Property Securities Act 2009 (Cth).
- Quote means a written quotation issued by the Supplier.
- Supplier means Bulgin Group, its agents and permitted assigns.
- suspend supply;
- withdraw credit facilities;
- replacement of Goods; or
- supply of equivalent Goods.
- trademarks;
- brand names;
- logos;
- product designs;
- drawings;
- specifications;
- manuals;
- photographs;
- marketing
materials;
remain the sole property of the Supplier or its licensors.
- comply with Supplier branding, marketing and usage guidelines;
- not alter, obscure or remove trademarks or identifiers;
- not represent themselves as the manufacturer of the Goods.
- copy or reproduce Supplier materials without written consent;
- reverse engineer or modify Goods;
- register or attempt to register any intellectual property confusingly similar to the Supplier’s.
- act in good faith;
- comply with all applicable laws and standards;
- not make misleading or unauthorised representations about the Goods.
These Terms of Trade (ToT) govern the supply of Goods by Bulgin Group (“Supplier”) to customers and authorised distributors (“Customer”).
They are published on the Supplier’s website and apply to all transactions unless expressly agreed otherwise in writing.
1. Definitions and Interpretation
1.1 Definitions
1.2 Interpretation
Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.
2. Application and Priority of Terms
2.1 These Terms apply to all supplies of Goods by the Supplier.
2.2 Any terms proposed by the Customer are expressly excluded unless agreed in writing.
2.3 Acceptance of Goods constitutes acceptance of these Terms.
2.4 These Terms constitute the entire agreement between the parties in relation to the supply of Goods.
3. Quotes and Orders
3.1 Quotes are valid for 30 days unless otherwise stated.
3.2 A Quote is not an offer capable of acceptance until confirmed in writing by the Supplier.
3.3 The Supplier may refuse, amend or cancel any Order prior to acceptance.
4. Pricing and Charges
4.1 Prices are in AUD, exclusive of GST, freight, insurance and duties unless stated otherwise.
4.2 The Customer must pay all taxes, duties, levies and government charges relating to the Goods.
4.3 Prices may be adjusted due to increases in manufacturing, freight, currency or regulatory costs at suppliers discretion.
5. Payment Terms
5.1 Payment terms are stated on the invoice. If none are stated, payment is due by the last Business Day of the month following supply.
5.2 Time for payment is of the essence.
5.3 The Supplier may:
5.4 The Customer must pay all reasonable recovery and enforcement costs.
6. Delivery, Risk and Title
6.1 Delivery times are estimates only.
6.2 Risk passes to the Customer upon delivery to the Customer or its agent.
6.3 The Supplier is not liable for delays beyond its reasonable control.
6.4 The Supplier may deliver Goods in instalments.
7. Inspection and Acceptance
7.1 The Customer must inspect Goods immediately upon delivery.
7.2 Claims for shortage, damage or incorrect supply must be made in writing within 72 hours.
7.3 This clause does not limit rights under the ACL.
8. Retention of Title
8.1 Title remains with the Supplier until all monies owing are paid in full.
8.2 Until title passes, the Customer holds Goods as bailee and must keep them identifiable.
8.3 The Supplier may enter premises to recover Goods if payment is overdue.
9. Personal Property Securities (PPSA)
9.1 These Terms create a security interest under the PPS Law.
9.2 The Supplier may register and perfect its security interest.
9.3 The Customer must not grant competing security interests without written consent.
9.4 To the extent permitted, the Customer waives rights to receive verification statements.
10. Returns and Restocking
10.1 Returns require prior written approval and a return authorisation number.
10.2 Non-defective Goods may attract restocking fees (10% of the value of goods) or refusal.
10.3 Custom, modified or non-standard Goods are not returnable.
11. Warranties and Consumer Guarantees
11.1 Nothing in these Terms excludes non-excludable rights under the ACL.
11.2 Where Goods are not acquired for personal, domestic or household use, the Supplier’s liability is limited (at its option) to:
12. Limitation of Liability
12.1 To the maximum extent permitted by law, the Supplier excludes liability for indirect or consequential loss, including loss of profit, revenue or opportunity.
12.2 The Supplier is not liable for misuse, incorrect installation, modification or use outside specification.
12.3 This clause is subject to mandatory ACL protections.
13. Intellectual Property
13.1 All intellectual property rights in the Goods, including but not limited to:
13.2 No licence or ownership is granted to the Customer except a limited, non-exclusive, revocable licence to use Supplier intellectual property solely for the purpose of reselling authorised Goods.
13.3 Distributors must:
13.4 The Customer must not:
13.5 The Customer indemnifies the Supplier against all losses arising from unauthorised use of Supplier intellectual property.
14. Distributor Obligations
14.1 Distributors must:
14.2 The Supplier may revoke distributor status at its discretion with reasonable notice.
15. Force Majeure
The Supplier is not liable for failure or delay due to events beyond reasonable control, including supply chain disruption, natural disasters, strikes or government action.
16. Default and Termination
16.1 The Customer is in default if it fails to pay, breaches these Terms, or becomes insolvent.
16.2 The Supplier may suspend supply, terminate Contracts and recover Goods.
16.3 Termination does not affect accrued rights.
17. Governing Law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the jurisdiction of NSW courts.
18. Severability
If any provision is unenforceable, it is severed without affecting the remainder.
19. Contact Us
If you have any questions about these Terms, please contact:
Bulgin Group
Email: contact@bulgingroup.com.au
Address: PO Box 7431, NORWEST, NSW, Australia