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Terms and Conditions

The following Trading Terms & Conditions (Terms and Conditions) relate to the sale and delivery of goods from X-Press Graph-X (“X-Press Graph-X Pty Ltd”).

For the purposes of these Terms & Conditions, a reference to “goods” is a reference to the products, goods, or stock sold or delivered by X-Press Graph-X to the customer.

Supply on Credit

X-Press Graph-X Supplies will only consider offering credit terms once a completed official X-Press Graph-X 30 Day Credit Application has been completed and approved by X-Press Graph-X.

Prices

Prices listed are subject to variation without notice, however where possible one month’s notice will be provided. All prices listed are exclusive of GST and are in Australian Dollars.

Orders

Minimum order value is $300. Orders below $300 may be authorized subject to a $25 administration fee. To increase efficiency and assist in minimizing errors we recommend that all orders are placed using product codes as listed in this price list.

X-Press Graph-X will only supply products to authorized retailers who intend to sell the products within bricks and mortar stores or dedicated company specific websites (with independent domain addresses and an active shopping cart). This company policy, reflects our corporate philosophy and takes into consideration the merchandising, advertising and brand positioning of our products.

Payment Terms

Where accounts have been authorized, payment terms are strictly 30 days nett. Payments for COD customers will need to be cleared prior to goods being dispatched. Payments may be made through direct electronic transfer. Contact our accounts department for account details.

Payments may also be made by credit card (Mastercard or Visa) our web site www.xpressgraphx.com.au or calling +613-9585-4455. Credit card payment will incur ad fee of 1%. Payments made via our website will not incur a credit card fee.

X-Press Graph-X reserves the right to stop supply to any customer whose account is overdue until the amount is paid in full.

Freight

Freight is payable by the customer unless alternate arrangements have been authorized by X-Press Graph-X . Freight will not exceed 10% of the value of the order for delivery to Adelaide, Brisbane, Melbourne and Sydney metropolitan areas. For all other areas (excluding WA and NT) freight will not exceed 20% of the value of the goods. Oversized or hazardous items may attract a additional surcharge.

Delivery

All orders will be dispatched as soon as possible. For stock items, orders with be dispatched in 1-3 business days. Please contact us for estimated dispatch on manufactured items. In the event that an item is out of stock, this will be identified on the invoice with a request to re-order and an expected due date when the product will be back in stock. Back orders will not be kept unless specific arrangements have been made. All back orders will be dispatched automatically when goods are back in stock.

Claims

The customer must advise X-Press Graph-X of any claim for damaged or faulty goods within 10 days of the date of invoice. Any claims must be fully documented and the invoice number and Proof of Delivery reference must be provided. Where goods are identified as being damaged in transit the proof of delivery notice must reflect this. All claims will be subject to investigation by X-Press Graph-X before a decision is made.

Returns

Stock cannot be returned without prior approval (including defective goods). Returns approval requests will only be processed if sought within 10 days of the date on invoice and all returns must have an approved return authorization number from X-Press Graph-X prior to being returned (to report a return and obtain a return authorization number email support@xpressgraphx.com.au). Unauthorized returns will be refused and not accepted and will be returned to the customer at the customer’s expense. Where approval is granted, stock must be returned in salable condition, in original packaging and with no markings. All customer returns will incur a re-stocking fee of 20% of the cost of the stock returned. Freight surcharges may also be applicable.

Merchandise

All merchandise and display stands remain the property of X-Press Graph-X and are strictly for the display of X-Press Graph-X products.

Risk and Title

X-Press Graph-X retains ownership of, or title in, all goods supplied by it and reserves the right to dispose of the goods until such time as payment is made in full and all liability for amounts owing by the customer to X-Press Graph-X is discharged.

The risk in all goods sold or supplied passes to the customer on delivery to the customer.

Upon receipt or delivery of the goods, the customer must ensure that the goods are insured until X-Press Graph-X has been paid in full.

Security Interest

1. (a) For value received or to be received the customer grants to X-Press Graph-X a security interest in all goods supplied or any after-acquired goods (inventory) and their proceeds.  The security interest secures the due and punctual payment of all monies payable to X-Press Graph-X .  Any account arising by virtue of a sale of any goods supplied takes effect as a transfer.

 The security interest created by these terms is a continuing security and is a first-ranking purchase money security interest in respect of the goods as inventory.

(b) These terms are effective from the date the customer signed the application or the customer places an order as a security interest and is a security agreement within the meaning of the Act.

(c) The customer agrees that X-Press Graph-X may register a financing statement including any financing change statement on the register.

(d) The customer waives its rights to receive a copy of any verification statement in respect of the security interest provided for by these terms.

(e) The customer agrees to immediately reimburse X-Press Graph-X for all costs, expenses and other charges incurred, expended or payable by X-Press Graph-X in relation to the filing of a financing statement, or a financing change statement or releasing the security interest created by these terms.

(f) The customer acknowledges that it is not the owner of the goods and as such if chapter 4 of the Act applies to these terms, X-Press Graph-X and the customer contract out of the enforcement provisions in section 115(1) of the Act.

(g) The customer irrevocably authorises X-Press Graph-X and any of its lawful agents, at any reasonable time, to enter its premises or any premises occupied by the customer and re-take any goods sold supplied under these terms and then re-sell those goods and retain the proceeds of the sale without prejudice to its rights to claim the balance of all monies due under these terms.  The customer indemnifies and agrees to keep X-Press Graph-X indemnified in respect of any such entry.

(h)  The provisions of this clause survive the termination of these Trade Terms and shall carry on for the benefit of X-Press Graph-X.

(i) For the purposes of this clause:

(i)   Act meaning the Personal Property Securities Act 2009 (Cth).

(ii) Account, financing statement, financing change statement; inventory, proceeds, purchase money security interest, register, security interest and verification statement have the meanings given to them in the Act.

2. Despite clause 1 above, the customer may sell the goods to a third party in the ordinary course of its business of selling goods of the kind supplied by X-Press Graph-X and deliver them to that party provided that:

a) Where the customer is paid by the third party and X-Press Graph-X has not been paid by the customer for the goods pursuant to these Terms, the customer holds the whole of the proceeds of sale on trust for X-Press Graph-X and must pay such proceeds into a special bank account into which no other moneys other than proceeds of sale by the customer of X-Press Graph-X goods are deposited and which shall incorporate as part of the title of the account “Proceeds of sale of X-Press Graph-X goods”;

b) Where the customer is not paid by that third party, and X-Press Graph-X has not been paid by the customer for those goods the customer agrees, at the option of X-Press Graph-X, that X-Press Graph-X may collect that account on giving the customer notice in writing to that effect.  X-Press Graph-X Supplies shall be entitled to issue proceedings in the name of the customer against the third party for recovery of that account for the benefit of X-Press Graph-X; and

c) The customer shall keep full and complete records of goods it has purchased from X-Press Graph-X , including details of the date, price and identity of the goods.

Terms apply to all Orders

The customer agrees that these terms apply to all orders placed with X-Press Graph-X, notwithstanding any other agreement or arrangement, whether subject to these terms or not, between the parties.

If the customer acts in the capacity as Trustee of any Trust, the customer acknowledges and agrees that these terms apply to any order for the purchase of goods and services from X-Press Graph-X Sports in its own right and in its capacity as Trustee of any such trust and that the rights of indemnity available to the Trustee will not be abrogated.

Security

When you order through this website a secure server is used. The server encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide.

Privacy Policy

We undertake that we will comply with the X-Press Graph-X Privacy Policy as detailed on the Company’s website.

Electronic Communications

When you visit X-Press Graph-X or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of X-Press Graph-X or it's content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of X-Press Graph-X and protected by international copyright laws. All software used on this site is the property of X-Press Graph-X or its software suppliers and protected by international copyright laws.

License and Site Access

X-Press Graph-X grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of X-Press Graph-X. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of X-Press Graph-X. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of X-Press Graph-X and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing X-Press Graph-X's name or trademarks without the express written consent of X-Press Graph-X. Any unauthorised use terminates the permission or license granted by X-Press Graph-X. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of X-Press Graph-X so long as the link does not portray X-Press Graph-X, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any X-Press Graph-X logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Online Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. X-Press Graph-X does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use X-Press Graph-X only with the involvement of a parent or guardian. X-Press Graph-X and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Product Descriptions

X-Press Graph-X and its affiliates attempt to be as accurate as possible. However, X-Press Graph-X does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by X-Press Graph-X itself is not as described, your sole remedy is to return it in unused condition.

X-PRESS GRAPH-X PTY LTD (ABN 67 630 199 576)
40 Taunton Drive, Cheltenham VIC 3192

Updated August 2023.