Terms of Trade - Export

PAYMENT TERMS AND CREDIT
Off Track Wine Pty Ltd [OTW] requires payment prior to Bill of Lading for initial purchases. 

OTW offers payment terms of 45 days from Bill of Lading for second and subsequent orders following the provision of trade references.  Credit facilities greater than AUD$15,000 will also require director guarantees or a letter of credit.

Accounts may be withdrawn or varied at the discretion of OTW and wine will only be despatched when the account is within terms of credit.

OUTSTANDING MONIES
OTW reserves the right to charge monthly interest at Australian Commercial Equity Banking Interest rates on all monies owing outside agreed trading terms by the Purchaser and further, the Purchaser agrees to reimburse the OTW for any Legal expenses, collection expenses or Bank Charges incurred by OTW in the recovery or attempted recovery of overdue monies.

RETENTION OF TITLE
OTW has the right to collect all goods delivered until all debts owed to OTW have been discharged on any account whatsoever, including Interest, Bank Charges, Legal Fees and Collection Expenses are paid to OTW in full. In this regard the Purchaser grants the right to OTW, or its nominees, to enter the Purchasers premises, or any other premises where the goods are reasonably believed to be stored, without notice, to take possession of the goods. Notwithstanding the foregoing, it is agreed that the goods are at the entire risk of the purchaser from the time of delivery.

CLAIMS PROCEDURE
OTW trades in Freight on Board [FOB] or EXWorks Incoterms based on negotiated pricing and therefore it is the responsibility of the purchaser to insure in-transit damage.  Damaged stock found, not caused during transit, delivery must be photographed and advised within 14 days of receipt by customer. Supply invoice number and evidence of delivery date must be provided in order to action replacement or credit. No replacement or credit will be forthcoming on stock broken or damaged on the Purchaser’s premises.

CLAIMS LIABILITY
Subject only to the provisions of the Trade Practices Act Australia which necessarily apply to the contract and cannot be excluded, all other implied terms, conditions and warranties are hereby expressly excluded, and OTW’s liability is limited to the cost of replacing the goods.

ULLAGES
OTW will accept faulty stock (including label damage, dry breaks, leakers or short fills etc.) for replacement only if seals on cans are still intact and date not expired, subject to the Claims Procedure.

DATE & CHANGES
All data contained in this Price List is provided as correct at 1st JULY 2022. (E&OA) Changes may occur from time to time, which may not necessarily be reflected in this price list. OTW reserves the right to change data without notice. Accordingly, this price list should not be regarded as an infallible guide.

AGREEMENT
The purchaser accepts all of the conditions of this agreement by ordering and purchasing wine from OTW