Agreement for the supply of point of sale accessories

© 2010 Effective 1st January 2010

POS packages and terms (73 KB)

1. Definitions: In these Terms and Conditions, the expression “the Customer” shall mean any party contracting for the supply of point of sale goods by the Company. The expression “POS” shall mean the Company’s point-of-sale accessories supplied to the Customer in this agreement.
2. Establishment Cost: The Customer agrees that all POS supplied to the total value defined Total Cost, remain the property of wheeliedesigns.com. The Customer agrees to pay up to a maximum of the Total Cost in the event that any goods are damaged or lost whilst in the possession of the Customer. The amount charged will be calculated as per the unit price for each item supplied & an invoice will be raised and payable within 14 days. The Customer will never claim ownership of these goods unless agreed to in writing by wheeliedesigns.com. A $15 inc gst flat fee applies for the shipping of POS to your store.
3. Exclusivity: The POS supplied are for the exclusive use of wheeliedesigns.com products. Any adhesives attached to the POS must not be removed. Product that does not form part of wheeliedesigns.com’s product range, or material that is not associated with their marketing and promotion of its product range, cannot be displayed on the POS supplied. The Customer will ensure at all times that only wheeliedesigns.com related product and/or material is carried on the point of sale display.
4. Damage due to Neglect or Misuse: The Customer agrees to take all responsibility in the care of the POS supplied. In the case where the POS are damaged due to neglect or misuse in any way, the Customer agrees to pay for the replacement of those POS. Any POS received by wheeliedesigns.com that are re-useable will not incur a replacement fee. Any defects recorded must be communicated in writing within 7 days of receipt to wheeliedesigns.com
5. Payment for replacement of POS: If the Customer defaults in the payment of any monies due to wheeliedesigns.com, or if an application for the winding up of the Customer is filed, or if the Customer is placed into liquidation or official management or a receiver and manager or an agent in possession is appointed, then prior to the full payment for the goods, the Company is irrevocably authorised to enter the Customer’s premises and remove all POS which are owned by wheeliedesigns.com and the Customer shall be liable for all costs incurred by wheeliedesigns.com in exercising the right of retrieval, including all legal costs.
6. Merchandising & Re-ordering: POS are intended to contain a minimum quantity of wheeliedesigns.com products. For the most effective display of all products, POS are to be kept at least to a minimum level as recommended by wheeliedesigns.com. It is the responsibility of the Customer to become familiar with the agreed amount of product to be contained on the point of sale display. A representative of the Company will be appointed to maintain agreed stock levels as of the time of set-up.
7. Return of goods: The Customer will ensure that: (a) all POS returned to wheeliedesigns.com are in a condition suitable for re-use. (b) all POS returned must be adequately packaged into cartons with sufficient packaging to prevent breakage during transit. Wheeliedesigns.com will appoint a suitable carrier for collection of all the goods (c) POS must be ready for pick up within a 7day notice period
8. Termination of Contract: wheeliedesigns.com reserves the right to terminate this contract at any time, and withdraw all POS supplied to the Customer after a 7day notice period. In this event, the Customer will consent to the collection of all POS supplied, and wheeliedesigns.com will ensure that all POS will be collected and returned.
9. Additional / Return or Exchange of POS: In the event the customer requires additional POS, or wishes to return unwanted POS, all requests must be made in writing and approved by wheeliedesigns.com
10. General Terms & Conditions of Sale: unless agreed to in writing by wheeliedesigns.com, all standard terms and conditions associated with the supply of wheeliedesigns.com products will remain applicable to the Customer during the entire term of this agreement.