Terms & Conditions

FASTCARDS PTY LTD (TRADING AS MULTICARD) PTY LTD
ABN: 66 078 206 809
General Terms and Conditions of Sale

• INTERPRITATION
  "Buyer" means the person or company placing an order with Fastcards Pty Ltd (Trading as Multicard) for the purchase of Products.
  "Products" means all products and merchandise supplied by Fastcards Pty Ltd (Trading as Multicard) in accordance with these conditions, to the Buyer or as the Buyer may direct.


• ORDERS
  These conditions shall apply to all orders for Products placed by the buyer with Fastcards Pty Ltd (Trading as Multicard) to the exclusion of all other terms and conditions unless otherwise expressly agreed in writing. If the terms of the Buyer’s order are inconsistent with these conditions, the acceptance of the delivery of the Products by the Buyer carries with it acceptance of these Terms and Conditions of Sale.


• FASTCARDS PTY LTD (TRADING AS MULTICARD) MAY DECLINE ORDERS
  Fastcards Pty Ltd (Trading as Multicard) reserves the right to accept in whole or part any order or decline any order for Products.


• CANCELLATION OF ORDERS
  Once lodged with Fastcards Pty Ltd (Trading as Multicard), the Buyer may not cancel or delay delivery of an order without Fastcards Pty Ltd (Trading as Multicard) prior written agreement.


• DESPATCH
  Every endeavour will be made to despatch Products ordered for immediate delivery no later than forty-eight (48) hours following receipt of the order by Fastcards Pty Ltd (Trading as Multicard).


• BACK ORDERS
  Products which are temporarily out of stock will only be placed on back order at the Buyer’s request.


• DELIVERY
  7.1 Where delivery of the Products is affected by way of part delivery, Fastcards Pty Ltd (Trading as Multicard) shall invoice the Buyer only for those Products delivered.
  
  7.2 Fastcards Pty Ltd (Trading as Multicard) shall not be liable for any loss or damage (including consequential loss or damage) arising from delay in delivery or failure to deliver the Products due to circumstances beyond its reasonable control and the Buyer shall accept and pay for Products notwithstanding late delivery.
  
  7.3 Delivery of the Products shall be deemed to be effected as follows:
  
  FIS - when the Products are made available for unloading at the Buyers nominated delivery site from Fastcards Pty Ltd (Trading as Multicard) nominated carrier
  
  FOB - when the Products are loaded onto the Buyer’s nominated carrier’s vehicle at Fastcards Pty Ltd (Trading as Multicard) premises, or loaded onto the carrier’s vehicle usually used by Fastcards Pty Ltd (Trading as Multicard).
  
  FOR - when the Products are made available to the rail carrier.
  
  7.4 The Buyer shall be responsible for and shall indemnify Fastcards Pty Ltd (Trading as Multicard) for loss or damage to the Products from the time of delivery until paid for in full.
  
  7.5 Shortages in delivery must be reported to Fastcards Pty Ltd (Trading as Multicard) by the Buyer immediately upon receipt.
  
  7.6 Products damaged upon delivery shall be reported to Fastcards Pty Ltd (Trading as Multicard) with seven (7) days of receipt of the Products by the Buyer.


• RETURN OF PRODUCTS
  No Products shall be returned without the prior consent of Fastcards Pty Ltd (Trading as Multicard) and then only by the carrier nominated by Fastcards Pty Ltd (Trading as Multicard). Where Products are returned without such consent, the same shall be returned to the Buyer at the Buyer’s expense. Personalised products will not be accepted for return. Fastcards Pty Ltd (Trading as Multicard) may charge a 15% surcharge for return goods at our discretion.


• TERMS OF PAYMENT
  9.1 Payment for Products shall be on a 30 day account. Payment can be made by Electronic Funds Transfer (EFT) or credit card, cheques are accepted. Where payments are overdue, Fastcards Pty Ltd (Trading as Multicard) may, at its option, either cancel orders forthwith or suspend delivery of Products and reserve the right to charge interest at the rate of 1% over the ninety (90) days bank bill rate normally charged by NAB on the overdue amount, calculated daily.
  
  9.2 The buyer agrees that Fastcards Pty Ltd (Trading as Multicard) has the right to make any enquiries from any credit reporting agency to ascertain the credit and financial suitability of the Buyer.
  
  9.3 All prices are net and are not subject to settlement, discount or retention.
  
  9.4 The Buyer agrees that all costs incurred by Fastcards Pty Ltd (Trading as Multicard) in the recovery of unpaid accounts including commissions paid to Fastcards Pty Ltd (Trading as Multicard) agents shall be paid by the Buyer.
  
  9.5 All prices for Products are subject to alteration without notice and will be those prices which are on the date of despatch.


• INDEMNITY
  Without prejudice to any other rights Fastcards Pty Ltd (Trading as Multicard) may have, the Buyer shall indemnify Fastcards Pty Ltd (Trading as Multicard) for any loss, damage or expense incurred by Fastcards Pty Ltd (Trading as Multicard) should the Buyer cancel any order or part thereof or breach any term hereof.


• RETENTION OF TITLE
  11.1 Fastcards Pty Ltd (Trading as Multicard) shall retain title to the Products supplied by it to the Buyer until it has received all monies which are owing by the Buyer to Fastcards Pty Ltd (Trading as Multicard).
  
  11.2 The Products owned by Fastcards Pty Ltd (Trading as Multicard) and in the possession of the Buyer shall be stored by the Buyer in such a manner as to be identifiable as the property of Fastcards Pty Ltd (Trading as Multicard).
  
  11.3 In the event that:
  
  
  • Payment by the Buyer to Fastcards Pty Ltd (Trading as Multicard) is overdue; or
  
  
  • This Agreement is terminated for any reason whatsoever:
    
    
    • Fastcards Pty Ltd (Trading as Multicard) shall be entitled to repossess the Products owned by it and shall also be entitled whether by itself or through its agents, without notice, to enter at any time on the Buyer’s premises for this purpose; and
    
    
    • Until payment is made for all monies owing by the Buyer to Fastcards Pty Ltd (Trading as Multicard), the Buyer shall not be entitled to dispose of, sell, charge or otherwise encumber the Products without the prior written consent of Fastcards Pty Ltd (Trading as Multicard) provided that nothing in this clause shall prevent the Buyer from selling Products to its customers in the ordinary course of its business.
    
    
  11.4 If the Buyer sells the Products in a manner such that Fastcards Pty Ltd (Trading as Multicard) title is extinguished or postponed, then any funds received by the Buyer from such sale shall be set aside and held in trust for Fastcards Pty Ltd (Trading as Multicard) and Fastcards Pty Ltd (Trading as Multicard) will be entitled to trace and receive the proceeds of any such sale.
  
  11.5 If the Products are used in such a manner that they become a constituent part of another object then the Buyer will be deemed to have sold the Product and the Buyer agrees that the proceeds of such sale will be held upon trust for Fastcards Pty Ltd (Trading as Multicard).


• INSURANCE
  12.1 The Buyer will insure the Products for so long as they shall remain Fastcards Pty Ltd (Trading as Multicard) property.
  
  12.2.1 Fastcards Pty Ltd (Trading as Multicard) will be entitled to receive insurance proceeds or trace insurance proceeds received in respect of any Products.


• QUOTATIONS
  A quotation from Fastcards Pty Ltd (Trading as Multicard) is an offer to sell only upon these terms and conditions and remains current for 30 days only from the date submitted unless previously withdrawn in writing by Fastcards Pty Ltd (Trading as Multicard).


• FORCE MAJEURE
  Fastcards Pty Ltd (Trading as Multicard) shall in no circumstances be liable to the Buyer for any loss of use, loss of profit or any loss suffered by the Buyer as a result of any delay or suspension or cancellation of del ivery of the Products for any reason whatsoever.


• DEFECTS & LIABILITY
  15.1 The Buyer shall notify Fastcards Pty Ltd (Trading as Multicard) of any defects in the Products within two (2) days of delivery to the Buyer.
  
  15.2 Fastcards Pty Ltd (Trading as Multicard) liability is subject to its obligations pursuant to any law of the Commonwealth of Australia, its States and Territories and is limited to replacing of the Products and confirmation of the alleged defects by Fastcards Pty Ltd (Trading as Multicard).
  
  15.3 Fastcards Pty Ltd (Trading as Multicard) shall not have any liability if defects have been caused by abnormal or incorrect conditions for operation, use, storage pending use, accident, misuse or negligence by the Buyer, its employees, servants or agents nor if the Product is not used in accordance with Fastcards Pty Ltd (Trading as Multicard) guidelines or instructions issued from time to time.
  
  15.4 To the extent permitted by law:
  
  15.4.1 Fastcards Pty Ltd (Trading as Multicard) excludes all warranties, conditions, representations or obligations of whatsoever nature relating to the Products;
  
  15.4.2 Fastcards Pty Ltd (Trading as Multicard) sole and exclusive liability is the obligation to repair or replace Products pursuant to clause 15.2. Fastcards Pty Ltd (Trading as Multicard) will not be liable for any loss or damage whatsoever, including incidental, special, consequential or general damages (such as, but not limited to, loss of profits, loss of business or claims by third parties) arising from any cause whatsoever and Fastcards Pty Ltd (Trading as Multicard) total liability to the Buyer and generally in respect of Products shall be as set out in clause 15.2; and
  
  15.4.3 Rights may be conferred upon the Buyer or a customer or obligations imposed upon Fastcards Pty Ltd (Trading as Multicard) by state and federal legislation in Australia which cannot be excluded. If so, the above provisions should be read subject to those rights, provided that Fastcards Pty Ltd (Trading as Multicard) expressly limits its liability under any such legislation to the minimum extent permitted by law.
  
  15.5 Whilst Fastcards Pty Ltd (Trading as Multicard) may provide technical and marketing assistance, the Buyer is responsible for advising its customers about the application of the Products, the fitness for particular purposes and their use generally.
  
  15.6 The Buyer covenants that neither it nor its agents or employees shall make any representations, statements or warranties to customers who are different, more onerous, or inconsistent with any warranty contained in this clause 15 or with any details set out in any product literature or other publication issued by Fastcards Pty Ltd (Trading as Multicard). The Buyer agrees to indemnify Fastcards Pty Ltd (Trading as Multicard) against and hold Fastcards Pty Ltd (Trading as Multicard) harmless from all or any claims, liability, obligations, losses, expenses or damages arising out of any representations, statements or warranties made by the Buyer, its agents or employees contrary to the provisions of this clause 15.


• TAXES
  Any taxes, duties or Government charges (including penalties and interest) imposed upon Fastcards Pty Ltd (Trading as Multicard) relating to the Products shall be an additional charge to the Buyer and the Buyer will indemnify Fastcards Pty Ltd (Trading as Multicard) against any such liability however and whenever arising.

We reserve the right to change details at any time without notice.