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Terms & Conditions


1. Prevailing Conditions

  1. All goods and services are supplied by Best Packaging (“the Company”) to its customer (“the Customer”) upon the terms and conditions contained herein to the exclusion of all other representations whether expressed or implied in any way whatever including without limitation the Customer’s own conditions of purchase, but subject to the mandatory provisions of The Trade Practices Act . Any purported supplements qualification or change thereto shall be void unless accepted in writing signed by a duly authorised officer of the Company.
  2. Any provision or part of the terms and conditions herein which is or becomes illegal, invalid, prohibitive or unenforceable will be ineffective only to the extent of such illegality, invalidity, prohibition or unenforceable and the remaining provisions of these terms and conditions shall not be impaired or effected in any way.


2. Quotations

  1. Unless previously withdrawn before acceptance, the Company’s offer to supply the goods (is valid for thirty days from the date of such quotation PROVIDED THAT in the case of a tender such period may be extended by agreement for a period not exceeding 6 months.
  2. The quotation is based upon information supplied by the Customer before the quotation is given. Where subsequent information is submitted which would involve material alteration to the specification or method of manufacture of the goods, the Company may either amend the quotation to cover any additional cost arising from such alteration or cancel the contract to supply.
  3. The quoted price may be varied by the Company in accordance with cost variations, including those consequent upon fluctuations in exchange rates and custom duty.


3. Price

  1. The price payable by the Customer shall be the quoted price varied in accordance with condition 2 (c), being that specified by the Company in its invoice, if no price has been quoted the Company’s current List Prices shall apply.
  2. If the Customer requests scheduled deliveries of an order the Company shall in complying with such requests, be entitled to charge the Customer current freight handling fee per each delivery.
  3. In this clause “GST” refers to goods and services tax under A New Tax System (Goods and Services Tax) ACT 1999 (Act”) and the terms used have the meanings as defined in the GST Act


If the sale is GST inclusive

  1. It is agreed that the consideration for the supply expressed in this agreement is inclusive of the Company’s liability for GST and the Customer has no obligation to reimburse the Company for GST liability in respect of this transaction.
  2. The Company shall deliver to the Customer a tax invoice for the supply in a form which complies with the GST Act and the regulations.

If the sale is GST exclusive

  1. It is agreed that the consideration for the supply expressed in this agreement is exclusive of the Company’s liability for GST.
  2. On completion
  3. The Customer will pay to the Company, in addition to the total purchase price, the amount payable by the Company as GST on the taxable supply made by   the Company under this agreement.
  4. The Company shall deliver to the Customer a tax invoice for the supply in a form which complies with the GST Act and the regulations.


4. Settlement and Title to Goods

  1. The placing with the Company of an order, by the Customer, for goods or services is acceptance by the Customer of an offer by the Company to sell the goods.
  2. Where credit terms are allowed by the Company payment for all goods and services shall be made to the Company within one calendar month from the end of the month in which the goods are invoiced (Nett 30 day terms) PROVIDED any amount outstanding beyond that term will attract a credit charge of 10 percent per annum calculated on a daily basis, on the amount outstanding from the date of the invoice until the amount is paid in full. The time for payment shall be the essence of the contract.
  3. Special carriage and/or packing requested by the Customer will be charged at cost unless other terms are agreed for any order.
  4. The customer shall not be entitled to set off any sums payable hereunder against any claims which it may have against the Company under this contract or otherwise.
  5. The legal title, ownership and beneficial interest in the goods delivered by the Company shall only pass to the Customer upon receipt of full payment of the goods and in the meantime the Customer only has possession of such goods as bailee, fiduciary or agent of the Company
  6. In the event of the unpaid goods (reprocessed or otherwise) are resold, the proceeds of such sale shall be held by the Customer in trust for the Company and upon request the said proceeds or part thereof, being the amount owing, shall be paid to the Company. In the event of the Customer (or a third party as his agent) using the goods in a manufacturing process or otherwise, and receives the proceeds of the resale or processing of the goods, the Customer shall hold such part of the proceeds as relates to the said goods in trust for the Company. Such part shall be deemed to be equal in dollar terms the amount owing by the Customer to the Company at the time of the receipt of such proceeds. The Company, in such event, shall not be bound by any contract between the Customer and any third party.
  7. Until the said goods are fully paid, the title of the Company to such goods are not effected by a reprocessing, intermixing of the goods or by the Customer adding value to such goods.
  8. Until the goods are fully paid, the Company shall be entitled to enter upon the Customer’s premises during normal trading hours and inspect its goods which shall be separately stored by the Customer in an identifiable format.
  9. If payment for the goods is not made by the Customer to the Company in accordance with the agreed terms of sale, the Customer shall deliver the goods to the Company upon demand. If the Customer does not comply with the demand within 48 hours of receipt, the Company, its servants or agents shall be entitled to enter upon the Customer’s premises at any time to do all things necessary in order to take possession of the goods and remove the same. The Customer shall indemnify and shall keep the Company fully indemnified from all claims, actions or suits whatsoever arising from the entry by the Company, its servants or agents, of any premises where the Company’s goods may be situated.
  10. The Customer acknowledges that if it should mix the goods with other products or items, such that the goods are no longer separately identifiable, then the Customer and the Company shall be owners in common of the new product. The Company’s interest extends to the amount unpaid by the Customer.
  11. The Customers right to hold and deal with the goods will immediately cease if a receiver or receiver and manager takes possession of any assets owned by or in possession of the Customer or any order is made or resolution passed for the winding up of the Customer or an administrator is appointed to the Customer’s business.


5. Cancellation and Return

The Company will not accept return of goods for Creditor Exchange unless previously agreed in writing signed on behalf of the Company by an authorised officer.


6. Delivery

  1. Unless otherwise specifically stated delivery shall be deemed to have been made to the Customer when the goods leave the Company’s premises.
  2. Delivery dates stated by the Company are estimates only and time for delivery by the Company shall not be of the essence of this contract, reasonable delay by the Company not constituting a breach of contract, nor giving rise to cancellation of any claim whatsoever by the Customer.
  3. Without prejudice to its other rights and remedies the Company shall have the right at its discretion to suspend deliveries or cancel the balance of any contract if the Company has reason to believe that the Customer is insolvent, or being a company is in liquidation or is overdue in making any payment, is otherwise in breach of contract or exceeds any credit limits specified by the Company.
  4. All goods shall be at the Customer’s risk upon delivery of the same to him.
  5. Where goods are to be delivered by installments each instalment shall be deemed the subject of a separate contract on the terms stated herein.
  6. The Company shall have the right to charge the Customer for any costs due to storage. detention, double cartage or similar causes incurred at the Customer’s request or occasioned by the Customer’s inability or failure to accept delivery of goods when delivered or ready for delivery by the Company.


7. Notice of Shortages Loss or Damage in Transit

  1. All consignments delivered to the Customer shall be deemed accepted as complete and undamaged in accordance with the Company’s delivery note unless:
  2. In the case of shortage in any consignment delivered, notice is given to the Company within 48 hours of receipt of the consignment The Customer proves beyond reasonable doubt that the full consignment was not delivered. The onus of proving damage or loss shall be borne by the Customer.


8. Claims and Warranty

  1. The Company shall not consider or accept any claim unless it is made in writing within 14 days after receipt of goods by the Customer. If so required by the Company the goods subject to the claim (whether or not they have been processed) shall be returned to the Company.
  2. The Company gives no warranty and negatives any implied condition other than as may be imposed by statute that the goods will be fit for a particular purpose for which the Customer may use them or conform to any sample unless the particular purpose and the terms of the warranty are agreed to and set out in a separate order acceptance form at time of placing of the order, or the sample and full specification thereof is supplied by the Customer.
  3. The Customer assumes all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other products.
  4. Where goods are accepted by the Company for converting or processing only. In the event of any claim for incorrect converting or processing to size packing or quantities the Company shall be liable for direct damages (if proven), for the value of the converting or processing only and at no times and circumstances would be liable for the value of the goods, or consequential damages.
  5. The Company shall not be liable in any event for errors in samples where they have been approved by the Customer and it may rely on all information supplied by the Customer.
  6. The Company warrants that from date of delivery the goods and services furnished hereunder will be in substantial conformity with the Company’s specifications (or those of Customer accepted by the Company in writing) and will be free from defects in material and workmanship for such period as is provided in the warranty enclosed with such goods. The Company expressly disclaims any and all other and additional warranties (except of title and as granted by, or specified in the Trade Practices Act or in any applicable Act or regulation or ordinance in the State or Territory of sale.) express or implied. relating to fitness for particular purpose, merchantable quality, or otherwise. The Company will in no case be responsible for special, indirect or consequential damages including but not by way of limitation costs or removal of goods from or reinstallation in equipment, the Company’s liability being limited to the repair or replacement of defective goods delivered to the Customer’s works.
  7. The Customer’s attention is drawn to the rights, conditions, warranties, and liabilities conferred or implied by Australian Commonwealth and State Legislation the subject thereto and to the extent allowed thereunder the above warranty is in lieu of all rights, conditions, warranties and liabilities any way limiting the generality of the foregoing and implied warranty of the merchantability or fitness for a particular purpose.


9. Customers Indemnity

  1. The Customer shall indemnify and hold the Company harmless against any loss, damage or expense resulting from infringement of patents trade marks, design rights or privilege arising from the Customer’s design specification or instructions of compliance therewith.
  2. The Customer shall also indemnify the Company at all times against any claim or legal action by end users or other customers on resale of the goods further processed or otherwise and shall keep the Company harmless in respect of all such costs, expenses and damages.


10. Insurance

  1. The risk shall pass to the Customer upon delivery of the goods. The Customer shall adequately insure all goods delivered and until full payment is made to the Company, Customer warrants to hold its insurance cover for the benefit of the Company who retains the beneficial and legal interest in the goods until the same is paid in full.