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CUSTOMER RETURN POLICY

Notification

All orders sent will be deemed as accepted and in accordance with a Customer’s order unless the Customer notifies Kadac of any goods received in error or in an unacceptable condition. Notification must be received within 2 working days of receipt of goods. Failure to notify Kadac Customer Service within the 2 day period, will result in the Return/Credit Request being rejected and the Customer will remain liable for the payment of those goods.

Please Note: Kadac is under no obligation to accept cancellations, amendments or return of goods for an order which have been supplied correctly to you as per your order. Kadac reserves the right to respond to specific circumstances at our discretion.

Return Goods Authority

Return goods will only be accepted with Kadac’s prior authorisation. Authorisation will be evidenced by a Kadac Credit Request Authorization Number (CRAN). This can be obtained by ringing the Kadac Customer Service Number on 1300 762 025.

It is imperative that the above instructions are followed to ensure a credit note can be issued. If the above requirements are not met, the goods (if returned without authorisation) may be destroyed and a credit will not be issued by Kadac.

A Kadac Credit Claim Form must accompany each item/box returned for credit.

Ordering & Delivery Errors

Goods that are delivered in error by Kadac will be returned to the warehouse at no cost to the Customer. A CRAN must be obtained if the Customer has made an error when ordering. If the goods are returned without obtaining a CRAN, Kadac reserves the right to charge any fees which are associated with that return.

Packaging & Labelling of Goods

Goods to be returned must be undamaged and in a saleable condition (unless received in a damaged state), un-marked and in unopened, original packaging. Goods produced or labelled for a specific customer or order will not be accepted for return.

Summary

In summary, the circumstances in which goods will not be accepted for return include, but are not limited to:

  • When a return does not have prior authorisation
  • Kadac Customer Service has not been notified within 2 business days
  • The returned delivery is not accompanied by a fully completed Kadac Credit Claim Form
  • Goods are returned in packaging that is damaged, soiled, contaminated, expired, written upon or otherwise marked, leaving the product in an un-saleable condition
  • Goods are returned in open packages/cartons
  • Goods have been made or labelled to a specific order or customer

We value our relationships with all our customers. The Kadac Credit & Returns Policy ensures we are able to fulfil our mission to work, develop and deliver products that are good for you, good for your family, good for our communities and better for our environment and we appreciate your commitment to this process.

Please contact Customer Service on 1300 762 025 or via email at customerservice@kadac.com.au if you have any questions.

 

Terms & Conditions

1. Definitions

1.1          “Company” shall mean Kadac Pty Ltd ABN 004 971 733, its subsidiaries, its successors and assigns

1.2          “Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer

1.3          “Guarantor” means that person or persons, or entity who agrees herein to be liable for the debts of the Customer on a principal debtor basis

1.4          “Goods” shall mean Goods supplied by the Company to the Customer and where the context so permits shall include any supply of Services as hereinafter defined

1.5          “Services” shall mean all services supplied by the Company to the Customer and includes any advice or recommendations and where the context so permits shall include any supply of Goods as defined supra

1.6          “PPS Law” means the Personal Property Securities Act 2009 (Cth)

1.7          “Price” shall mean the cost of the Goods as agreed between the Company and the Customer subject to clause 4 of this contract

1.8          “Terms and Conditions” means these terms and conditions and all documents relating to it, including but not limited to the Credit Application and Guarantee

2. Acceptance

2.1          Any instructions received by the Company from the Customer for the supply of Goods and Services and/or the Customer’s acceptance of Goods supplied by the Company shall constitute acceptance of the terms and conditions contained herein

2.2          Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price

2.3          Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Company

2.4          None of the Company’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Company in writing nor is the Company bound by any such unauthorised statements

2.5          The Customer undertakes to give the Company not less than fourteen (14) days prior written notice of any proposed change in the Customer’s ownership, name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, contact number, or business practice

3. Prices

3.1          Orders are accepted on the condition that the goods and/or services will be invoiced at the price ruling at the date the goods and/or services are dispatched. Unless specified to the contrary, prices quoted are exclusive of all GST, stamp duty and like levies or taxes. The Company may amend prices at any time without prior notice. The Company’s minimum order value must be adhered to. All items are to be ordered by the Company’s code number

4. Payment

  1. The Customer shall make payment to the Company according to the due date on the invoice
  2. The Customer acknowledges that any breach of any payment terms will enable the Company to exercise all of its rights contained herein including (but without in any way limiting its rights) the right to cancel further credit and to take legal action for the recovery of all sums outstanding

Orders will not be processed for Customers whose accounts are:

  1. In arrears. Cleared payment in full is required before the Customers orders will be processed and dispatched
  2. Credit card payments may at the discretion of the Company attract a processing fee of up to 2% for MasterCard and Visa and 2.2% for American Express. The Company does not accept Diners Club cards. There is no fee for EFTPOS payments
  3. The Customer shall not be entitled to withhold payment of any sums after they become due by reason of any right of set off or counter claim which the Customer may have or alleged to have or for any other reason whatsoever

5. Delivery

The Customer acknowledges that:

  1. Unless otherwise agreed, the Customer will pay for all transport costs incurred by the Company to deliver direct to the Customer as authorised on the Customer Delivery Information Form. The Customer may elect to pick up goods directly from the Company or arrange for their own carrier to pick up the goods within agreed Company warehouse working hours
  2. The Customer is liable for all freight and transport costs and insurance once the goods leave the possession of the Company
  3. In the event that the Customer specifies a delivery date, the Company shall use its best endeavours to comply with the Customer’s requests. In no circumstances will the Company be liable for any loss or damage of any kind whatsoever in the event that it is not able to comply with the Customer’s request for delivery at a certain time. The Customer acknowledges and agrees that it will not make any claim against the Company for any loss or damage incurred as a result of late delivery
  4. Delivery of the goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement
  5. The Customer shall not be entitled to repudiate the agreement as a result of the failure of the Company to deliver the goods and services

6. Risk

6.1.         The Company retains property and title in the Goods at all times until full payment of the Price is received by the Company, nonetheless, all risk for the Goods passes to the Customer on delivery

6.2.         The Customer acknowledges that they are liable for any loss or damage to the Goods from the time of delivery until full payment of the Price is received by the Company

6.3.         The Customer will insure, or self-insure, the Company’s interest in the Goods against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Goods until payment of the Price is received by the Company. Further, until payment of the Price is received by the Company, the Customer will not use the Goods nor permit it to be used in such a manner as would permit an insurer to decline any claim

7. Customer’s Disclaimer

7.1          The Customer hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to them by any servant or agent of the Company and the Customer acknowledges that they buy the Goods relying solely upon there own skill and judgment and that the Company shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Customer and shall not be transferable to any subsequent Customer

7.2          The Customer indemnifies the Company against the destruction or loss of the Goods by any means or for any reason whatsoever, including lawful confiscation, until payment of the Price is received by the Company

8. Cancellation

Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it, it shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing and acceptance of the Customer’s order, request for cancellation and any restocking fee charged by a supplier

9. Warranty

The Customer acknowledges that:

  1. All warranties whether expressed or implied with regard to any goods or services supplied by the Company are hereby excluded to the maximum extent permitted by law
  2. The Customer has relied on its own skill and judgement in deciding to enter into this agreement and has not relied on any representation, condition warranty, covenant, or promise made by the Company or for and on behalf of the Company
  3. No warranty provided by the Company shall cover any defect or damage which is caused by:
    1. failure on the part of the Customer to properly maintain any goods and services;
    2. failure on the part of the Customer to follow any instructions or guidelines provided by the Company;
    3. any use of any goods and/or services otherwise than for any application specified on any documentation supplied with the goods and services; or
    4. the continued use of any goods and/or services after any defect becomes apparent to a reasonably prudent operator or user;
    5. fair wear and tear, any accident or Act of God;
    6. any repair or alteration of any goods without the authorisation of the Company
  4. The repair, modification or replacement of any goods without the written consent of the Company shall render void any warranty associated with those goods

10. Jurisdiction

The proper law of all contracts arising between the Company and the Customer is the Law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State

11. Default & Consequences of Default

11.1        Interest on overdue invoices shall accrue from the date when payment becomes due, daily until the date of payment, at a rate of 2.5% compounding per calendar month and shall accrue at such a rate as an administration charge. The Customer agrees that this is a fair and reasonable charge and is directly relevant to the likely damage that the Company might suffer as a result of non-payment by the Customer. Interest will be calculated on all outstanding amounts from the date of issue of the invoice

11.2        If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all the Company’s costs and disbursements, including legal costs on an indemnity basis or on a solicitor and own client basis whichever is the higher and in addition all of the Company’s nominees costs of collection inclusive of debt collection and agency fees and commissions

11.3        Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions.  The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause

11.4        In the event that:

  1. Any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
  2. The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer; then without prejudice to the Company’s other remedies at law:
    1. the Company shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies; and
    2. all amounts owing to the Company shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause 12.1 hereof

Outstanding monies shall be recoverable forthwith from the Customer as a liquidated debt together with any interest accrued and costs.

12. Title

12.1        The Goods will at all times prior to the payment of the Price remain the absolute property of the Company and title does not pass to the Customer at any stage until the Price is received by the Company

13. Security and Charge

13.1        Despite anything to the contrary contained herein or any other rights which the Company may have howsoever:

  1. Where the Customer and/or the Guarantor (if any) is the proprietor of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met
  2. Should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a full indemnity basis or a solicitor and own client basis whichever is the higher
  3. To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof the Customer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Company and/or the Company’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Company and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Company and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Company’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause

14. PPSA

14.1        This clause applies to the extent that this Agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”)

14.2        References to PPS Law in this Agreement include references to amended, replacement and successor provisions

14.3        The Company may register its security interest as a purchase money security interest under the PPS Law (“PMSI”). The Customer must do anything (such as obtaining consents and signing documents) which the Company requires for the purposes of:

  1. Ensuring that the Company’s security interest is enforceable, perfected and otherwise effective under the PPS Law;
  2. Enabling the Company to gain first priority or any other priority agreed to be the Company in writing for its security interest; and
  3. Enabling the Company to exercise rights in connection with the security interest

14.4        The Company may recover from the Customer the cost of doing anything under this clause, including but not limited to registration fees

14.5        The rights of the Company under this document are in addition to and not in substitution for the Company’s rights under other law (including PPS Law) and the Company may choose whether to exercise rights under this document, and/or under other law, as it sees fit

14.6        To the extent that Chapter 4 of the PPS applies to the security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement in respect of all goods to which that section can be applied:

  1. section 95 (notice of removal of accession to the extent it requires the Company to give notice to the Renter);
  2. section 96 (retention of accession);
  3. section 121(4) (notice to grantor);
  4. section 125 (obligations to dispose of or retain collateral);
  5. section 130 (notice of disposal to the extent it requires the Company to give notice to the Renter);
  6. section 129(2) and 129(3);
  7. section 132(3)(d) (contents of statement of account after disposal);
  8. section 132(4) (statement of account if no disposal);
  9. section 135 (notice of retention);
  10. section 142 (redemption of collateral); and
  11. section 143 (reinstatement of security agreement)

14.7        The following provisions of the PPS Law confer rights on the Company:

  1. section 123 (seizing collateral);
  2. section 126 (apparent possession);
  3. section 128 (secured party may dispose of collateral);
  4. section 129 (disposal by purchase); and
  5. section 134(1) (retention of collateral)

14.8        The Customer agrees that in addition to those rights, the Company shall, if there is default by the Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of the Goods, (including entering upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are or may be located), not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that the Company may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence without being responsible for any damage thereby caused

14.9        The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law

14.10     The Company and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement in this sub-clause is made solely for the purposes of allowing the Company the benefit of section 275(6)(a) and the Company shall not be liable to pay damages or any other compensation or be subject to injunction if the Company breaches this sub-clause

15. Security interests and sub-hire

15.1        The Customer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Goods other than with the express written consent of the Company

15.2        The Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Goods to anyone else unless the Company (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Company and must be expressed to be subject to the rights of the Company under this Agreement. The Customer may not vary a sub-hire without the prior written consent of the Company (in its absolute discretion)

15.3        The Customer must ensure that the Company is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hiree, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Goods

15.4        The Customer must take all steps including registration under PPS Law as may be required to:

  1. Ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
  2. Enabling the Customer to gain (subject always to the rights of the Company) first priority (or any other priority agreed to by the Company in writing) for the security interest; and
  3. Enabling the Company and Customer to exercise their respective rights in connection with the security interest.

15.5        The Company may recover from the Customer the cost of doing anything under this clause, including registration fees

15.6        The effects of clauses 15 and 16 of this Agreement are only enforceable prior to payment of the Price to the Company. Once the Company has received the Price then clear title has passed to the Customer

16. Consent to Credit Check - Privacy Act

16.1        The Customer and/or the Guarantor/s agree for the Company to obtain from a credit-reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Company

16.2        The Customer and/or the Guarantor/s agree that the Company may exchange information about Customer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

  1. To assess an application by the Customer;
  2. To notify other credit providers of a default by the Customer;
  3. To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and
  4. To assess the credit worthiness of the Customer and/or Guarantor/s.

16.3        The Customer consents to the Company being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988)

16.4        The Customer agrees that personal data provided may be used and retained by the Company for the following purposes and for other purposes as shall be agreed in writing between the Customer and the Company or required by law from time to time:

  1. Provision of Services & Goods;
  2. Marketing of Services and/or Goods by the Company, its agents or distributors in relation to the Services and Goods;
  3. Analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Services/Goods;
  4. Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and
  5. Enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Services and Goods

16.5        The Company may give, information about the Customer to a credit reporting agency for the following purposes:

  1. To obtain a consumer credit report about the Customer; and or
  2. Allow the credit reporting agency to create or maintain a credit information file containing information about the Customer

17. Claims

17.1        It is the responsibility of the Customer to check goods to ensure that the goods are complete and in good condition. The Customer will be deemed to have accepted the goods as being in accordance with its order and received in good condition and to their satisfaction unless it notifies the Company in writing of any claim within forty-eight (48) hours of receipt of the goods. Alternatively the Customer can lodge a claim with Customer Service by phoning 1300 762 025 within 48 hours of receipt of the goods

17.2        The Company will not accept any return of goods unless it has given prior written authorisation for the return and unless the returned goods are in their original condition unmarked and not price tagged. The Customer is responsible for payment of any freight or delivery costs to return any goods to the Company unless the Company agrees

18. General

18.1        If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired

18.2        All Goods supplied by the Company are subject to the laws of Victoria and the Company takes no responsibility for changes in the law which affect the Goods supplied. The Customer irrevocably submits to the jurisdiction of Victoria and the Melbourne Registry of the appropriate Court or Tribunal in the event of any dispute

18.3        The Company shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions

18.4        In the event of any breach of this agreement by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Goods

18.5        The Customer shall not set off, deduct or reduce against the Price, any amounts due from the Company

18.6        The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent

18.7        The Company reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Company notifies the Customer of such change

18.8        Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party

19. Customer’s Responsibilities

19.1        The Customer shall satisfy itself at the commencement that the Goods are suitable for their purpose

19.2        The Customer shall not affix any of the Goods in such a manner as to make it legally a fixture forming part of any freehold until the Price is received by the Company