Hedge Terms & Conditions of Sale
1. Definitions
In these Terms:
Agreement means these Terms & Conditions of Sale.
Customer means any person, company, trust or entity purchasing Products from HedgeGo Pty Ltd.
Hedge means HedgeGo Pty Ltd and its successors and assigns.
Products means all goods, materials, equipment or accessories supplied by Hedge.
Order means any request or instruction by the Customer for the supply of Products.
PPSA means the Personal Property Securities Act 2009 (Cth).
2. Acceptance
2.1 By placing an Order, accepting a quotation, requesting supply, or accepting delivery of Products, the Customer agrees to be bound by this Agreement.
2.2 These Terms apply to the exclusion of any terms supplied by the Customer unless agreed in writing by Hedge.
2.3 Hedge may refuse or cancel any Order at its discretion, including where pricing errors or stock shortages occur.
3. Orders
3.1 Orders may be placed via website, email, purchase order, or verbally.
3.2 An Order is accepted only when Hedge issues an order confirmation, dispatches the Products, or supplies the Products.
3.3 Hedge may impose minimum order quantities or credit limits.
3.4 Changes or cancellations requested by the Customer are subject to Hedge’s approval and may incur costs.
4. Pricing & Payment
4.1 Prices are in Australian Dollars and exclude GST, freight and surcharges unless stated otherwise.
4.2 Payment is due on or before the invoice due date unless credit terms are approved in writing.
4.3 Hedge may withdraw credit facilities at any time.
4.4 The Customer must pay all bank fees, merchant fees, or transaction charges.
Overdue Accounts
4.5 Overdue amounts incur interest at 3.5% per annum, calculated daily from the due date until paid in full.
Application of Payments
4.6 Hedge may apply any payment to any invoice or account at its discretion regardless of payment references.
Suspension of Supply
4.7 Hedge may immediately suspend supply, cancel orders or withdraw credit if:
An invoice is overdue
A credit limit is exceeded
Hedge believes the Customer may not pay its debts
Hedge is not liable for any loss arising from suspension.
Acceleration
4.8 If the Customer defaults, all monies owing to Hedge become immediately due and payable.
Administrative Charges
4.9 Hedge may charge reasonable administration and account-keeping fees on overdue accounts.
Credit Information
4.10 The Customer consents to Hedge obtaining and exchanging credit information with credit reporting bodies and trade references for credit assessment and debt recovery.
Set-Off
4.11 Hedge may set off any monies owed by the Customer against amounts payable by Hedge.
5. Delivery & Risk
5.1 Delivery dates are estimates only.
5.2 Risk passes to the Customer upon delivery or collection.
5.3 Failed deliveries caused by the Customer may incur re-delivery and storage fees.
5.4 The Customer must inspect Products immediately and notify Hedge in writing within 7 days of any shortages, damage or defect.
Failure to notify constitutes acceptance.
6. Retention of Title & PPSA Security Interest
6.1 Title to the Products does not pass until all monies owing to Hedge are paid in full.
6.2 Until payment, the Customer holds the Products as bailee for Hedge.
6.3 Hedge may enter any premises where Products are located to inspect or repossess them without liability.
PPSA Security
6.4 The Customer grants Hedge a security interest in the Products and their proceeds under the PPSA.
6.5 Hedge may register a financing statement on the PPS Register.
6.6 The Customer must not sell the Products outside the ordinary course of business and must hold sale proceeds on trust for Hedge.
6.7 The Customer waives notice requirements under sections 95, 118, 121(4), 130 and 132 of the PPSA.
7. Debt Recovery
7.1 If payment is not made when due, Hedge may refer the account to a debt collection agency and/or legal representatives without notice.
7.2 The Customer agrees to indemnify Hedge for all costs incurred in recovering the debt, including:
collection agency commissions and fees
legal costs on a full indemnity basis
court costs
investigation and enforcement expenses
These costs form part of the debt owed.
8. Returns
8.1 Returns are accepted only with Hedge’s approval.
8.2 Returned goods may incur handling and restocking fees.
8.3 Freight on returns is the Customer’s responsibility unless required by law.
9. Warranty
9.1 Hedge warrants Products against manufacturing defects for 10 years from delivery.
9.2 Warranty excludes damage from misuse, incorrect installation, modification, or external impact.
9.3 Remedies are limited to repair, replacement or refund at Hedge’s option.
9.4 Nothing excludes rights under the Australian Consumer Law.
10. Limitation of Liability
10.1 Hedge is not liable for indirect or consequential loss, including loss of profit, delay costs, project costs or business interruption.
10.2 Hedge’s total liability is limited to the purchase price of the relevant Products.
10.3 This clause is subject to the Australian Consumer Law.
11. Intellectual Property
All intellectual property, designs, drawings, specifications and trademarks remain the property of Hedge and must not be copied or used without written permission.
12. Force Majeure
Hedge is not liable for failure or delay caused by events beyond its control, including transport failure, supply shortages, strikes, natural disasters or government restrictions.
13. Default
The Customer is in default if:
Payment is overdue
A cheque is dishonoured
The Customer becomes insolvent, bankrupt, or enters liquidation or administration.
Upon default, Hedge may:
cancel orders
suspend supply
repossess goods
register a credit default
commence legal proceedings
recover all costs on a full indemnity basis.
14. Governing Law & Jurisdiction
This Agreement is governed by the laws of Queensland, Australia.
The Customer submits to the jurisdiction of any court of competent jurisdiction in Australia.
15. Amendments
Hedge may amend these Terms at any time by publishing updated Terms on its website. Continued trading constitutes acceptance.
16. General
16.1 Failure to enforce any provision is not a waiver.
16.2 If any clause is invalid, the remainder continues.
16.3 The Customer may not assign this Agreement without Hedge’s consent.
17. Contact
HedgeGo Pty Ltd
Email: hello@hedge.net.au
Website: www.hedge.net.au