Terms and Conditions of Trade

Fresh Produce Purveyor Pty Ltd (ABN 50 621 059 827). These terms form part of every new account form and every supply of goods.

1. Fresh Produce Purveyor Pty Ltd may, in assessing an application for credit — or if the application is accepted and any payment subsequently becomes overdue — obtain personal information and seek information from a credit reporting agency or other credit provider about the applicant's credit arrangements, including credit worthiness, credit history or credit capacity, as permitted under the Privacy Act and Privacy Amendment Act.
2. The applicant must inform Fresh Produce Purveyor Pty Ltd in writing within seven (7) days of any change of business or corporate structure.
3. Fresh Produce Purveyor Pty Ltd reserves the right to refuse, suspend or withdraw credit facilities where the applicant is in breach of these terms and conditions, overdue, over the credit limit, insolvent, or FPP reasonably considers the account to be at risk.
4. All contracts between Fresh Produce Purveyor Pty Ltd and the applicant are deemed to have been entered into in the State of Victoria and are construed according to the laws of the State of Victoria.
5. If the account is overdue, Fresh Produce Purveyor Pty Ltd may at its discretion refer the account to its asset recovery agencies for collection, and the applicant agrees to meet all reasonable costs and commissions incurred in employing those agencies to collect the overdue account.
6. Where the applicant is a company, Fresh Produce Purveyor Pty Ltd may require all directors and/or approved guarantors to sign a Personal Guarantee and Indemnity before any credit is approved or continued.
7. The terms of payment are strictly the AGREED PAYMENT TERMS. If the account becomes overdue, Fresh Produce Purveyor Pty Ltd reserves the right to charge interest in accordance with the Penalty Interest Rates Act 1983.
8. If the applicant is a company, the Personal Guarantee must be signed by its directors.
9. Approved credit terms are limited to COD, 7 Days or 14 Days unless Fresh Produce Purveyor Pty Ltd agrees otherwise in writing. Credit terms are not automatically granted and may be changed, suspended or withdrawn in accordance with these terms.
10. The applicant must pay all undisputed amounts by the due date. A dispute about part of an invoice does not entitle the applicant to withhold payment of the whole account.
11. Because the goods supplied are perishable, any claim for missing goods, incorrect goods, damaged goods or quality issues must be notified to Fresh Produce Purveyor Pty Ltd in writing with supporting photos within twenty-four (24) hours of delivery. If no such notice is received within that time, the goods are deemed to have been accepted.
12. Delivery dockets, delivery photographs, SMS/email confirmations, driver records, unattended delivery photographs or other delivery records of Fresh Produce Purveyor Pty Ltd may be relied upon as evidence that goods were delivered.
13. Title to all goods supplied remains with Fresh Produce Purveyor Pty Ltd until all amounts owing are paid in full. The applicant grants Fresh Produce Purveyor Pty Ltd a security interest in all goods supplied and in the proceeds of those goods, and consents to registration of that security interest on the Personal Property Securities Register where applicable.
14. Card payments are processed through Stripe using a payment link or other secure Stripe payment method provided by Fresh Produce Purveyor Pty Ltd. A card surcharge may apply, estimated at approximately 1.7% for Visa/Mastercard payments, or such other amount that does not exceed FPP's cost of acceptance as permitted by law. Fresh Produce Purveyor Pty Ltd never requires card details or CVV/CVC details to be written on an application.
15. If the applicant trades as trustee of a trust, the applicant enters into the application both in its own capacity and as trustee of the trust, and must provide full trustee and trust details if requested by Fresh Produce Purveyor Pty Ltd.

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