Terms and Conditions

PRIVACY COLLECTION STATEMENT

Kangaroo Island Oats Pty Ltd ABN: 44 624 078 244 (we) collect personal information to operate our business, including marketing our products. If personal information is not provided on request, we may not be able to provide products ordered.

We may disclose personal information to our contractors who assist us in operating our business.

Our Privacy Policy contains information about how an individual may access or seek correction of information that we holds about that individual, how individuals can complain about a breach of privacy, and how we will deal with such complaints.

For a copy of our current Privacy Policy, please click here or contact us at hello@kangarooislandoats.com.au.

CREDIT REPORTING POLICY

This policy sets out how we collect, hold and disclose credit information and credit eligibility information as defined in the Privacy Act 1988 (Cth) (Privacy Act). We take privacy seriously and are committed to complying with the Privacy Act.

What is credit information and credit eligibility information?

Credit information is information related to credit related dealings with us by our customers or potential customers and includes information that can be collected by Credit Reporting Bodies (CRBs) that report on consumer credit worthiness such as:

• information that can be used to identify an individual (including name, sex, address, date of birth)
• information about customer credit accounts with us
• details about information requests we make to CRBs
• information about certain overdue payments and serious credit infringements and subsequent payments or other arrangements
• certain publicly available information (such as bankruptcy and credit related court judgements)

Credit eligibility information is credit information that we generally collect from CRBs or other credit providers relating to our customer’s or potential customer’s dealings with other credit providers. It also includes information that we derive from this information.

How do we collect credit information?

We collect credit information from information provided to us when an application is made for us to supply products on credit to a customer, or when a personal guarantee is provided in respect of an application for credit. We also collect credit information in the course of managing the credit accounts of our customers.

We may collect credit information as otherwise provided in our Privacy Policy or permitted under the Privacy Act.

Why do we collect credit information and credit eligibility information?

We collect credit information and credit eligibility information to:

• assess the creditworthiness of our customers and potential customers and their guarantors
• manage the credit accounts of our customers.

Use and disclosure

We use and disclose credit information and credit eligibility information for the purpose set out above and to participate in credit reporting schemes. This includes providing information to CRBs and other credit providers as permitted under the Privacy Act.

How do we keep credit information and credit eligibility information?

We take reasonable steps to protect credit information and credit eligibility information from misuse and loss and from unauthorised access, modification or disclosure. We store hard copies of this information in access controlled premises, and digital information on secure servers.

Accessing your credit information and credit eligibility information

You may request access to credit information and credit eligibility information we hold about you. We may require you to verify your identity and to specify what information you require.

We deal with all requests for access to this information as required by the Privacy Act. We may charge a fee where we provide access and may refuse to provide access if the Privacy Act allows us to do so.

Correction of credit information and credit eligibility information

You may request corrections to credit information and credit eligibility information we hold about you. We deal with all requests for correction to personal information as required by the Privacy Act. We may refuse to correct personal information if the Privacy Act allows us to do so.

Complaints

If you wish to make a complaint about our collection, use or disclosure of credit information and credit eligibility information, please contact us in the first instance. We will investigate your complaint and try to promptly resolve your complaint directly with you.

If you are not satisfied with the outcome, then you may make a complaint to the Office of the Australian Information Commissioner (OAIC).   For information about how to make such a complaint, please refer to the OAIC website http://www.oaic.gov.au/.

Contact us

To request access to or correction of credit information and credit eligibility information, or to make a complaint to us, please contact us at accounts@kangarooislandoats.com.au.

Changes to Credit Reporting Policy

We reserve the right to make changes to this Credit Reporting Policy from time to time and without notice by publication on our website.

We recommend that you regularly review our Credit Reporting Policy to ensure you are aware of any changes.

1. INTERPRETATION

In these Conditions:

• Application for Credit Account means an application for KI Oats to supply goods on credit terms in the form required by KI Oats
• Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.
• Buyer means the buyer specified in the attached Application for Credit Account or if there is no such application, or there is no buyer specified in the application, the purchaser of the Goods from KI Oats and includes any servants, agents, or contractors acting on behalf of the Buyer where the context permits.
• Conditions means these terms and conditions of sale.
• Consequential Loss includes any loss of data or profits, loss of anticipated savings, economic loss or interruption of business or any other indirect or consequential loss.
• Consumer means a “consumer” as that term is defined in Section 3 of the Australian Consumer Law.
• Consumer Guarantees means the consumer guarantees under the Australian Consumer Law.
• Contract means a contract for the supply of Goods in accordance with these Conditions, as evidenced by the acceptance of any Order from the Buyer to KI Oats.
• Effective Date means 13 May 2019.
• Goods means the goods supplied by KI Oats to the Buyer from time to time and which are the subject of an Order.
• Implied Terms means any guarantees, conditions, warranties or other terms implied by any Australian Commonwealth, State or Territory laws (excluding the Australian Consumer Law), or the laws of any other jurisdiction.
• KI Oats means Kangaroo Island Oats Pty Ltd and ABN: 44 624 078 244.
• Order means any order for the supply of Goods from KI Oats to the Buyer from time to time in a form acceptable to KI Oats.
• PPSA means the Personal Property Securities Act 2009.
• Quotation means a quotation supplied by KI Oats to the Buyer in respect of Goods.

2. GENERAL

• These Conditions apply to all Goods supplied by KI Oats as from the Effective Date and the Buyer is deemed to have read and agreed to these Conditions prior to the placing of any Order.
• These Conditions shall prevail over all inconsistencies in an Order and Quotation, unless KI Oats expressly agrees otherwise and that agreement is acknowledged in writing.
• KI Oats reserves the right to vary, add or substitute to these Conditions from time to time and any such variations to these Conditions will have effect from the date of publication of such changes to KI Oats’s customers.

3. SHORTAGE AND NON-CONFORMING supply

• KI Oats will endeavour to ensure that the Goods conform with the descriptions contained in relevant catalogues, drawings, literature and advertising materials;
• KI Oats reserves the right to supply Goods which do not conform with descriptions referred to in clause 1 or the Buyer’s order for the Goods provided that such non conformity is not material;
• The Buyer waives any claim for shortage of any Goods delivered or failure to supply Goods conforming with the Order if a claim for short delivery or failure to supply Goods conforming with the Order has not been lodged with KI Oats within 7 days from the date of delivery of Goods by the Buyer. Any claim must be submitted in writing in a form approved by KI Oats.

4. DELIVERY

• The delivery times made known to the Buyer are estimates only and KI Oats is not liable for late delivery or non-delivery.
• The Buyer may cancel an order for Goods purchased if KI Oats is unable to deliver the Goods within 14 days of any specified delivery date.
• Except where clause 2 applies:
  • KI Oats is not liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of Goods;
  • late delivery or non-delivery does not vary these Conditions or relieve the Buyer from its obligations to accept and pay for Goods.
• KI Oats may at its option deliver Goods by portion unless otherwise agreed in writing by KI Oats.
• Where KI Oats delivers by portion, KI Oats may issue invoices to the Buyer pro rata with such deliveries.
• Delivery of Goods will be taken to have occurred when either the Goods are:
  • collected by the Buyer or the Buyer’s agent; or
  • offloaded at the Buyer’s nominated point of delivery.
• Goods are at the risk of the Buyer after delivery.

5. AUSTRALIAN CONSUMER LAW

• Where the Buyer purchases Goods as a Consumer:
  • the Goods are supplied subject to the Consumer Guarantees;
  • if the Goods fail to meet any Consumer Guarantee, the Buyer will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law for such failure, to the extent that such rights and remedies cannot be lawfully excluded;
  • the Buyer may only exercise any right or remedy for breach of a Consumer Guarantee strictly in accordance with the rights and responsibilities of the Buyer under the Australian Consumer Law;
  • where Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then, unless KI Oats is the manufacturer of the Goods under the Australian Consumer Law, KI Oats’s liability for breach of a Consumer Guarantee subject to the Australian Consumer Law, is limited at KI Oats’s option to repairing or replacing the Goods, supplying equivalent goods or paying the costs of the repair or replacement of the Goods or of acquiring equivalent goods.
• Where the Buyer resupplies Goods to a Consumer and the Goods are not ordinarily acquired for personal, domestic or household use or consumption, KI Oats’s liability to the Buyer in connection with any breach of a Consumer Guarantee in respect of the Goods is subject to the Australian Consumer law, is limited to paying to the Buyer an amount equal to the cost of replacing the Goods, supplying equivalent goods or having the Goods repaired, whichever is the lower amount.

6. GENERAL LIMITATION ON LIABILITY

• This clause 6 does not limit the liability of KI Oats under the Australian Consumer Law.
• KI Oats shall not be liable for any guarantee, warranty or representation as to the quality, performance, and fitness for purpose or otherwise of any Goods unless expressed in writing and any such warranty or representation shall be limited to its express terms.

• None of the Implied Terms apply to any Contract except to the extent that they cannot be lawfully excluded.
• KI Oats’s liability for breach of any provision of any such Contract or for breach of any Implied Terms which by force of law cannot be excluded from applying to any such Contract is limited at the option of KI Oats to repairing or re-supplying Goods which have been found defective, or, paying the cost of repairing or re-supplying Goods which have been found defective.
• KI Oats is not liable in tort for any loss or damages suffered by the Buyer or by any third party.
• In no circumstance whatsoever shall KI Oats be liable to the Buyer or to any third party for any Consequential Loss arising out of the late delivery of Goods or any failure to perform or observe KI Oats’s obligations under any Contract or Implied Terms and the Buyer will keep KI Oats fully indemnified against any claim made against KI Oats by a third party for Consequential Loss.

7. PRICES AND GST

• Unless otherwise stated all prices quoted by KI Oats are net, exclusive of Goods and Services Tax (GST).
• GST applied to all supplies of Goods made by KI Oats and the amount payable by the Buyer will be increased by a percentage equal to the prevailing of GST rate at the time of delivery of the Goods.

8. CREDIT PAYMENT arrangements

• Where an Application for Credit Account is approved for the Buyer, the purchase price of the Goods is payable within 7 days from the date of invoice unless other terms of payment are expressly stated on the invoice. If payment is made on or before the due date, the agreed settlement discount (if any) may be deducted from that payment.
• KI Oats reserves the right to withdraw approval of an Application for Credit Account for the Buyer at any time by notice to the Buyer.
• KI Oats reserves the right to request such security or additional security for any credit arrangements with the Buyer as KI Oats shall in its discretion think fit and shall be entitled to withhold supply of any Goods or credit arrangements until such security or additional security is provided by the Buyer.
• The Buyer warrants:
  • that all information set out in an Application for Credit Account in respect of the Buyer is true and accurate; and
  • that the persons whose signature appears on such application are duly authorised to apply for credit with KI Oats on behalf of the Buyer.

9. CASH SALES

Where no Application for Credit Account has been approved for the Buyer, or approval of an Application for Credit Account for the Buyer is withdrawn, the purchase price of the Goods must be paid in full on placement of the Order, or where expressly agreed in writing by KI Oats, on delivery of the Goods.

10. PAYMENT

• All amounts payable to KI Oats by the Buyer must be paid in Australian dollars in any manner required by KI Oats in writing and in full without set-off on or before the due date for payment.
• Any costs or charges incurred by KI Oats in collecting or attempting to collect overdue amounts must be paid by the Buyer to KI Oats on demand.
• KI Oats reserves the right to charge interest at the rate of 12% per annum on all overdue amounts owing to it. Such interest will accrue daily and is payable on demand.
• Payment will not be taken to occur until all cheques tendered in discharge of amounts owing to KI Oats have been presented and cleared in full.

11. ADMINISTRATION FEE

KI Oats reserves the right to charge the Buyer a reasonable administration fee for issuing duplicate invoices, statements or other documents requested by the Buyer.

12. TITLE TO GOODS

• Subject to the law, title to and property in the Goods will not pass until the Buyer has paid all moneys owed to KI Oats on any account whatsoever.
• Until the Buyer has paid all moneys owed to KI Oats:
  • the Buyer must indemnify KI Oats against any loss, theft or damage to the Goods arising after delivery to the Buyer;
  • KI Oats retains a purchase money security interest in the Goods and the proceeds of sale of the Goods under the PPSA;
  • the relationship of the Buyer to KI Oats is as a fiduciary in respect of the Goods and accordingly:
    • the Buyer must store the Goods is such a way that can be recognised as the property of KI Oats;
    • upon any resale of the Goods by the Buyer KI Oats will have the right to trace the full proceeds of sale; and
    • the Buyer must account to KI Oats for such proceeds of sale and KI Oats may recover from such proceeds of sale any moneys then owing to KI Oats on any account whatsoever;
  • subject to the law, KI Oats reserves the right to enter upon any premises for the purpose of repossessing the Goods without prejudice to any other rights of recovery available and the Buyer grants KI Oats a licence to enter such premises for the purpose of exercising such right.
• The Buyer must do all things reasonably required by KI Oats in respect of the registration of KI Oats’s interest in the Goods under this clause or the enforcement of KI Oats’s rights under the PPSA in respect of the Goods.
• To the extent permitted under the PPSA, the Buyer waives any right the Buyer has to:
  • receive notices and statements from KI Oats under the PPSA;
  • claim damages against KI Oats under Section 271 of the PPSA;
  • redeem the Goods under Section 142 of the PPSA; and
  • reinstate KI Oats’s security interest in the Goods under Section 143 of the PPSA.
• To the extent permitted under the PPSA:
  • the enforcement of KI Oats’s security interest in the Goods shall be governed by the Contract; and
  • KI Oats and the Buyer contract out of the provisions of the PPSA in respect of the enforcement of such security interest.

13. QUOTATIONS

• Subject to clause 2, all Quotations are valid for 30 days from the date of Quotation.
• Quotations are based on the current costs of supplying the Goods and unless KI Oats has otherwise agreed, are subject to amendment by KI Oats before or after the Quotation is made to meet any rise and fall in such costs between the date of Quotation and the date of supplying the Goods.
• KI Oats reserves the right to charge the Buyer for any costs incurred as a result of the Buyer varying its Order or the Contract, correcting any errors or omissions referred to in clause 4, or requiring Goods urgently.
• KI Oats will supply the Goods on the basis of the Order (whether written or oral). KI Oats will not be responsible for any errors or omissions in relation to the Goods where those errors or omissions result wholly or partially from incomplete or unclear instructions in the Order.

14. RETURNED GOODS

• KI Oats is not under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.
• Nothing in clause 1 affects the Buyer’s rights under the Australian Consumer Law or in respect of any breach of Implied Terms.

15. CANCELLATION

• KI Oats may cancel any Contract any time before Goods are delivered by giving written notice to the Buyer. On giving such notice, KI Oats will repay to the Buyer any sums paid in respect of the Goods. KI Oats will not have any other liability in respect of such cancellation.
• Subject to clause 2, the Buyer may not cancel a Contract at any time except with KI Oats’s prior written consent.
• In the event that the Buyer cancels a Contract otherwise than under clause 2:
  • KI Oats may retain any deposit or other sums paid on account of the Goods; and
  • if payment is not already made in full, the Buyer will be responsible for any losses incurred by KI Oats in respect of such cancellation (including loss of profits, loss of anticipated savings, economic loss or interruption of business loss or other incidental, consequential or indirect damages).
• In the event the Buyer cancels a Contract under clause 2, KI Oats will repay to the Buyer any sums paid in respect of the Goods. KI Oats will not have any other liability in respect of such cancellation.

16. SUSPENSION OR TERMINATION BY KI Oats

• If the Buyer makes a default in any payment due to KI Oats for any Goods supplied by KI Oats, commits any act of bankruptcy or enters into liquidation whether voluntary or involuntary, KI Oats may in its absolute discretion, suspend supply of any Goods to the Buyer or cancel any Contract with the Buyer, without prejudice to its rights hereunder.
• Any default by the Buyer or cancellation, suspension or termination by KI Oats shall in no way prejudice any rights of KI Oats against the Buyer whatsoever, including any right to recover any amounts due for Goods, or Goods previously supplied by KI Oats to the Buyer.

17. PLACE OF CONTRACT

• This Contract is made in the State of South Australia.
• The Buyer and Company agree that unless otherwise stipulated by KI Oats all disputes arising between them shall be submitted to the courts of the State of South Australia and any court competent to hear appeals from those courts of first instance.

18. MISCELLANEOUS

• A Contract may be altered in writing signed by each party.
• Unless otherwise provided, a party may in its discretion give (conditionally or unconditionally) or withhold any approval or consent under a Contract.
• A party must not assign or otherwise deal with a Contract or any right under it without the written consent of the other party.
• A Contract constitutes the entire agreement between the parties about its subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about its subject matter.
• A waiver of a provision of or right under a Contract must be in writing signed by the party giving the waiver and is effective only to the extent set out in the written waiver.
• The failure, delay, relaxation or indulgence by a party in exercising a power or right under a Contract is not a waiver of that power or right.
• An exercise of a power or right under a Contract does not preclude a further exercise of it or the exercise of another right or power.
• Each indemnity, obligation of confidence and other term capable of taking effect after the expiration or termination of a Contract, remains in force after the expiration or termination of the Contract.

19. INTERPRETATION

In these Conditions, unless the context otherwise requires:

• headings do not affect interpretation;
• singular includes plural and plural includes singular;
• a reference to a party includes its executors, administrators, successors and permitted assigns;
• a reference to a person includes a partnership, corporation, association, government body and any other entity;
• an agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
• an agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;
• a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;
• a provision is not construed against a party only because that party drafted it;
• an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions;
• the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.