Product Terms and Conditions

  1. These conditions govern the supply of all goods and services by Cormack Packaging Pty. Limited ('Cormack') to any person (the 'Buyer'). These conditions may only be altered by written agreement between the Buyer and Cormack.

  2. The prices for goods or services are exclusive of GST, sales and other taxes and are based on costs to Cormack including but not limited to rates of exchange, freight, duty, insurance, labour and material costs ('Costs') as at the date of the Buyer's order. The Buyer is liable for any change in prices if Costs change after an order is placed.

  3. If any supply of goods and services by Cormack is subject to GST, the price for that supply will be increased by, and the Buyer shall pay to Cormack, an amount equal to the GST payable by Cormack on that supply ('GST Amount'). The Buyer shall pay Cormack the GST Amount without deduction or set off at the same time as it pays the GST exclusive consideration. Words or expressions used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.

  4. Any quotation made by Cormack is not an offer to sell or to provide services and no order given in respect of any quotation will bind Cormack until accepted by it in writing or by the commencement of supply or the provision of services. All orders are subject to acceptance by Cormack within 30 days of receipt by Cormack of the Buyer's order and these conditions will be deemed to be incorporated in any agreement between Cormack and the Buyer. Any terms and conditions contained in any order, offer, acceptance or other document of the Buyer and all representations, statements, terms, conditions and warranties (whether implied by statute or otherwise) not embodied in these conditions are expressly excluded to the fullest extent permitted by law.

  5. Cormack is authorised by the Buyer to correct any manifest errors appearing on the Buyer's order or any other document provided to Cormack by the Buyer.

  6. Subject to section 75A of the Trade Practices Act 1974 and without limiting the entitlement of a consumer to rescind a contract under that section, any order may only be cancelled, varied or suspended with the written consent of Cormack and if there is such a cancellation, variation or suspension, the Buyer undertakes to reimburse and indemnify Cormack for any Costs incurred by Cormack in preparation for and in the execution of an order.

  7. In addition to the obligation referred to in Clause 6, if the Buyer wishes to cancel a repeat order or an order based on forecasted requirements:

    (a) the Buyer must give Cormack six months notice in writing (or such other period as is agreed in writing between the parties) to do so; and

    (b) the Buyer indemnifies Cormack against all other loss sustained by Cormack arising, directly or indirectly from that cancellation.

  8. The Buyer must pay to Cormack, no later than the twenty-first day of the month following the month of delivery, the price and all other amounts payable for goods or services supplied by Cormack to the Buyer. Cormack may at any time in relation to goods not yet delivered withdraw the credit terms permitted in this clause by written notice to the Buyer and, if those credit terms are withdrawn, Cormack will not be obliged under any contract to deliver any goods unless the Buyer pays for them in cash at the time of delivery.

  9. If Cormack does not receive forwarding instruction from the Buyer sufficient to enable Cormack to despatch the goods within 14 days of notification that they are ready, the Buyer will be deemed to have taken delivery of the goods and the terms of payment will apply from the fifteenth day after that date of notification. In these circumstances, the Buyer will be liable for storage charges payable monthly on demand, storage being at the Buyer's risk.

  10. The Buyer must take delivery of goods either by itself or through its carrier or other agent at Cormack's premises. The risk in goods passes to the Buyer on delivery. If Cormack agrees to arrange transport and delivery of goods the risk in those goods passes to the Buyer on delivery. Cormack will endeavour to meet any stated delivery date but Cormack is not liable for, nor is the Buyer entitled to cancel its order for, non-delivery or late delivery.

  11. The Buyer must inspect goods promptly after delivery and notify Cormack within seven days of delivery of any discrepancy in relation to the quantity or quality of the goods delivered.

  12. Title in goods passes to the Buyer on payment in full for the goods. Until the Buyer has paid in full for goods:

    (a) the Buyer holds the goods as a bailee for Cormack;

    (b) the Buyer owes fiduciary obligations to Cormack in respect of the goods; and

    (c) the Buyer must pay to Cormack the proceeds of sale of those goods and the Buyer holds those proceeds on trust for Cormack until paid to Cormack.

  13. If the Buyer:

    (a) has not paid in full for any goods; or

    (b) dies, becomes insolvent or if any step is taken to appoint a trustee in bankruptcy, a receiver, a receiver and manager, a provisional liquidator, a liquidator, an administrator or other like person or if a mortgagee enters into possession of any part of the Buyer's assets or business, then on Cormack's request the Buyer must immediately return all goods owned by Cormack. The Buyer grants to Cormack an irrevocable licence to enter the Buyer's premises (forcibly if necessary), exercisable if the Buyer does not immediately return all goods owned by Cormack when requested to do so under this clause. This licence permits Cormack in its absolute discretion to repossess and remove any of the goods.

  14. At all times while a party bears the risk in goods (as determined by Clause 10) that party must insure those goods against any insurable loss including but not limited to loss due to fire, damage in transit and theft. If the Buyer is responsible for insurance, the Buyer must cause Cormack's interest in the goods to be noted on the Buyer's insurance policy if requested to do so by Cormack.

  15. Cormack excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ('Non-excludable Condition'). In particular, Cormack does not warrant that any goods or services supplied by Cormack will be fit for any purpose. It is the sole responsibility of the Buyer to confirm that the goods supplied by Cormack are fit for their intended purpose and of merchantable quality. Cormack will not be liable for any loss or damage arising, directly or indirectly, from any loss, damage, deterioration, deficiency or other fault or harm in the goods manufactured, work executed or the services provided by or on behalf of Cormack, whether or not due to the negligence of Cormack, its servants or agents.

  16. Cormack's liability to the Buyer for a breach of a Non-excludable Condition (other than an implied warranty of title) is limited, at Cormack's option, to the replacement or repair of any goods or the resupply of any service (except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, in respect of which the Cormack's liability is not limited under this paragraph).

  17. The Buyer acknowledges that any pallets used for delivery of goods are held by the Buyer as bailee. The Buyer agrees to indemnify Cormack for any loss arising from any pallet not being returned to Cormack in good order and condition within 28 days of delivery of the goods. If the Buyer requests, Cormack may, in its absolute discretion, arrange for the transfer or hire of pallets to the Buyer and further, may allow pallets to be exchanged on a one-for-one basis at a depot to be nominated by Cormack.

  18. Cormack will own any copyright, design, invention, drawing or data resulting from goods or services supplied to the Buyer and the Buyer must co-operate in taking any step necessary to ensure that Cormack has such ownership. The Buyer indemnifies Cormack against any claim for infringement of patent, design, copyright, trade mark or other rights where the claim results from information supplied by the Buyer or as a result of Cormack complying with requirements of the Buyer.

  19. If:

    (a) the Buyer defaults in any payment due under these conditions;

    (b) the Buyer has any security enforced against it;

    (c) the Buyer commits an act of bankruptcy or, being a company, passes a resolution for winding up (except for the purposes of reconstruction);

    (d) a court makes an order winding up the Buyer;

    (e) Cormack notifies the Buyer that it is of the view that the Buyer or any related body corporate of the Buyer is in financial difficulties;

    (f) the Buyer makes or proposes to make any arrangement with its creditors, then Cormack will be entitled to terminate any order with the Buyer or revoke any credit terms granted without prejudice to any right or obligation which may have accrued prior to termination, and without the Buyer having any claim against Cormack for such actions.

  20. Except as required by law, the Buyer must keep confidential any confidential information imparted to the Buyer as a result of the supply of goods or services by Cormack and must not use any such confidential information except for the purpose for which it was imparted.

  21. The Buyer may not assign the benefit of these conditions without first obtaining the written consent of Cormack.

  22. Cormack is not liable for any failure or delay to supply the goods due to any cause outside Cormack's reasonable control.

  23. If any provision of these conditions is illegal, invalid or unenforceable, then that provision must be severed and the validity and enforceability of the remaining provisions must not be affected.

  24. These conditions are governed by laws of the State of New South Wales, Australia.