This conditions of sale apply to all ‘Buyer” in relation to all wholesale goods supplied by Mosaique wines.
1. MINIMUM ORDERS AND SPLIT CASE:
Minimum order quantity is 12 bottles nationally. Order must be multiple of 12 (24, 36, 48, 60 and so on). Split case are free of charge, you can mix as you wish.
2. DELIVERY AND LOGISTICS FEES:
Mosaique’s wines are stored temperature controlled in our warehouse in Melbourne and are delivered nationally by Fastway couriers. If a delivery date is specified on an order Mosaique wines will use its best endeavors to deliver the order on that date, but its failure to achieve delivery on that date shall not confer any rights, nor any cause of the express right to effect part deliveries and change the conditions of supply. Freight per cases of 12: Free of charge for VIC Melbourne, NSW Sydney, ACT Canberra, QLD Brisbane, WA Perth, SA Adelaide, TAS Hobart. $12 freight fee apply for NT Darwin and other regional areas when applicable. Delivery time average in business days: Melbourne 1-2 days, Sydney 2-3 days, ACT, QLD, TAS, SA 3-5 days, WA, NT 7-10 days. During hot days to preserve the quality of the wine we will only release your order when there is a weather window.
All invoices are to be paid 30 days from the date of the invoice unless otherwise specified by Mosaique wines. Payment must be paid to Mosaique wines’s account as specified in the invoice. No account shall be deemed to be paid unless paid to Mosaique wines in cash or cleared funds. Non-payment of a credit account within the 30 days credit terms may automatically result in the account terms reverting to C.O.D. (Cash on delivery) without notice. The terms of the account will not be changed after this point. Once account exceeds the credit terms, delivery of further goods will be suspended until any amount remains unpaid outside the credit terms. If payment is overdue Mosaique wines will contact its debt collector agency to organise payment collection and engage legal procedure if needed.
4. CREDIT ACCOUNTS:
‘Buyer’ may apply to open a credit account with Mosaique wines. Wines will be supplied up to a credit limit on approved accounts. Mosaique wines reserves the right to stop supplying the 'Buyer' while the account is overdue. Mosaique wines reserve the right as well to vary the ‘Buyer’ credit limit at any time without reason being assigned thereto. Mosaique wines may at any time revoke or vary the terms upon which credit is extended to the customer.
Price as mentioned in the Wholesale price list are LUC including WET (excluding GST). All prices are subject to be updated without notice.
6. CONSIGNMENT NOTE
The ‘Buyer’ or his agent will be required to sign a consignment note on delivery and this signature will be sufficient proof of acceptance of the delivery.
7. CLAIMS – NON DELIVERY
Claims for non-receipt of a total consignment of goods must be made in writing 7 days after receipt of Mosaique wines accounts rendered to ‘Buyer’ monthly.
8. CLAIMS/ WRONG SUPPLIED, DAMAGED OR FAULTY GOODS
All claims for incorrect shipment, damaged goods must be made to Mosaique wines within 7 days of receipt of the goods. Faulty wines will be accessed case by case at the time they occur.
All returns must be approved by Mosaique wines in writing before being sent back to Mosaique wines. Unauthorised returns will not be accepted by Mosaique wines and the carrier will therefore be instructed to return such wines to the ‘Buyer’s expense.
To the full extent permitted by law, all guarantees, warranties, representations, promises, conditions or statements regarding the wine supplied, whether express or implied, and whether statutory or otherwise (including without limiting generality, guarantees, warranties, representations, promises, conditions and statements as to merchantality, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to be obtained from or in the course of using such service) are excluded except as otherwise expressly provided for in these Terms and Conditions.
Wines will be at the risk of the ‘Buyer’ from the time they have been delivered by the courier and the proof of delivery signed.
Property in and title to goods supplied under these Terms and Conditions shall remain with Mosaique wines and does not pass to the ‘Buyer’ until all monies payable in respect of those goods (including any interest, freight or insurance charges) have been paid to Mosaique wines. Mosaique wines has the right to call for or recover goods owned by Mosaique wines at its option (for which purpose Mosaique wines’s employees or agents may enter the ‘Buyer’’s premises) and the ‘Buyer’ is obliged to deliver up the goods if so directed by Mosaique wines.
Complaints in respect of alleged faulty goods shall not entitle the Buyer to withhold payment of any sum which had become payable to Mosaique wines and shall not give rise to any right or set-off unless, and until, any amount to be allowed by Mosaique wines had been admitted and ascertained. Case by case Mosaique will issue a credit note when applicable.
14. GOVERNING LAW
The agreement formed as a result of Mosaique wines’ acceptance of orders is governed by the law of the state of Victoria where Mosaique is registered.
15. DISPUTE RESOLUTION
If dispute arises between the parties, they must attempt to resolve the dispute by mediation prior to commencing legal proceedings.
16. OBLIGATION TO NOTIFY OF ANY CHANGE
The applicant agrees to notify Mosaique wines within 14 days of any change of ownership, legal entity or business address or any insolvency proceedings under bankruptcy and/ or companies legislation which have been commenced or proposed.