21 day invoicing
SOR terms and
Competitive discount off RRP
to all out Retailer, school and library clients
TERMS AND CONDITIONS OF SALE
Imaginarium 2.0 Pty Ltd is the agent for the distribution of the books and other products of the publishers represented by Imaginarium 2.0 Pty Ltd. The terms and conditions set out below are the terms on which Imaginarium 2.0 Pty Ltd will supply these goods to the
Customer. The Customer may be notified of additional terms and conditions. Together these Terms and Conditions of Sale apply to the exclusion of any other terms or conditions that may be contained on the Customer’s order or elsewhere. Only the Director of
Imaginarium 2.0 Pty Ltd (I2.0) has the authority to vary these Terms andConditions of Sale.
Supply of Orders
Goods ordered will be supplied subject to availability. Imaginarium 2.0 Pty Ltd:
(a) will not be liable for any loss or damage resulting from a failure to supply; and
(b) reserves the right to reduce the size of an order where goods are out of stock, in short supply or
otherwise not available.
Goods which are out of stock but which are expected to be available at a future date will be recorded by Imaginarium 2.0 Pty Ltd for later supply unless the Customer otherwise instructs Imaginarium 2.0 Pty Ltd in writing.
Small Order Processing Surcharge
Imaginarium 2.0 Pty Ltd requests Customers to consolidate requirements and submit them as a single order. Where a single order received is below a minimum net invoice value Imaginarium 2.0 Pty Ltd reserves the right to charge the Customer's account with a Small
Order Processing Surcharge for processing the order. The minimum order value is currently $150 and the Small Order Processing Surcharge is $15.00 (including GST) in Australia and NZ$20.00 (including GST) in New Zealand. Imaginarium 2.0 Pty Ltd reserves the right to
vary this surcharge amount.
RRP and Cost Price
Imaginarium 2.0 Pty Ltd and the publishers they represent will determine the RRP and cost price of each title or product and may vary this price from time to time without notice.
Point of Sale Price
The Customer is not obliged to sell the goods at the RRP price.
Orders sent by Imaginarium 2.0 Pty Ltd normal carrier are supplied freight free into Australia and New Zealand.
The cost of any special freight requested or required by Customers will be charged to a Customer's account.
The size, weight and frequency of dispatches will not affect the application of the Small Order Processing Surcharge.
Short Supply, Damages and Misbounds
All claims for shortages, and damaged and misbound books, must be received by Imaginarium 2.0 Pty Ltd no later than fourteen days from tax invoice date and must specify the relevant invoice number and the details of the short supply or damage. Imaginarium 2.0 Pty
Ltd will, subject to availability, replace (freight free) damaged or defective goods that are returned to Imaginarium 2.0 Pty Ltd in accordance with its terms. Goods damaged in transit will be replaced or credited only if Imaginarium 2.0 Pty Ltd is notified of the damage
within fourteen days of the invoice date.
Imaginarium 2.0 Pty Ltd will issue an Adjustment Note for any goods that are to be replaced but which are not available.
Imaginarium 2.0 Pty Ltd is not liable for claims received later than fourteen days from the invoice date.
4. TAX INVOICES
All goods are invoiced at the RRP price less discount; the cost price is clearly listed on the order form and no further discounts apply. Imaginarium 2.0 Pty Ltd may vary the discounts applicable at any time. Trade books stocked by Imaginarium 2.0 Pty Ltd will be invoiced
at trade discount. Books not announced in a trade subscription list will be supplied at 40% off RRP, other than Textbooks which will be invoiced at a discount of 35% off list price.
Prices are expressed in Australian currency, unless otherwise stated.
All orders with Imaginarium 2.0 Pty Ltd will be supplied with a 21 day invoice.
Imaginarium 2.0 Pty Ltd may determine a credit limit for each Customer. Imaginarium 2.0 Pty Ltd may terminate a Customer’s credit at any time. Imaginarium 2.0 Pty Ltd is not liable for any loss or damage suffered by the Customer as a result of a change in, or
termination of, the Customer’s credit.
Change in Business Structure
The Customer must inform Imaginarium 2.0 Pty Ltd in writing within seven days of any change in its business or corporate structure including a change in ownership. Imaginarium 2.0 Pty Ltd reserves the right to amend the Customer’s credit limit or terminate credit
arrangements as a result of such a change.
Change of Ownership
A Customer who has transferred ownership of its business to a new owner remains liable for outstanding tax invoices.
The Customer must pay in full for goods supplied by Imaginarium 2.0 Pty Ltd on credit within thirty days of invoice date.
Imaginarium 2.0 Pty Ltd has the right to pursue all outstanding amounts vis a collection service and excerises that right when necessary.
If payment is not received by the due date, the Customer will be placed on stop supply without notice until payment is received in full.
On the second or subsequent occasion a Customer is placed on stop supply, Imaginarium 2.0 Pty Ltd may without further notice refuse to supply the Customer.
The Customer must advise Imaginarium 2.0 Pty Ltd of any disputed invoices within fourteen days of invoice date or any accounts within ten days of the Statement date. If there is an amount in dispute, the Customer must pay any undisputed amount when it is due.
The Customer must pay in full any costs incurred by Imaginarium 2.0 Pty Ltd to collect outstanding amounts, including without limitation the fees of any agents or solicitors appointed by Imaginarium 2.0 Pty Ltd for this purpose.
In the event of Imaginarium 2.0 Pty Ltd receiving a cheque that is subsequently dishonoured, Imaginarium 2.0 Pty Ltd will charge the dishonour fee imposed by the bank to the Customer.
Once a cheque has been dishonoured, the Customer’s account will be immediately put on stop supply, and all outstanding payments will become due immediately.
Notwithstanding any other Terms or Conditions of Supply all outstanding amounts will become due and payable immediately in any of the following events:
(a) if the Customer breaches any terms or conditions as set out in these Terms and Conditions of Sale;
(b) if the Customer breaches any terms or conditions as notified by Imaginarium 2.0 Pty Ltd;
(c) if the Customer breaches any undertaking given to Imaginarium 2.0 Pty Ltd;
(d) if the Customer breaches any term of any credit;
(e) if the Customer is a natural person and is declared bankrupt or commits an act of bankruptcy;
(f) if the Customer is a company, or partnership, or trust or an unincorporated association, and is unable to pay its debts when due, is wound up, has a Receiver or Receiver and Manager appointed, or voluntarily appoints an Administrator, or is placed under official
management, enters into any arrangement or compromise with its creditors or members, or if any resolution is proposed which would, if passed, result in its being wound up voluntarily or otherwise.
7. TITLE AND RISK
Title to the Goods
Title to the goods delivered to the Customer remains with Imaginarium 2.0 Pty Ltd until:
(a) Imaginarium 2.0 Pty Ltd has been paid in full for the goods; and all other amounts owing by the customer to Imaginarium 2.0 Pty Ltd; and
(b) if payment is made by cheque or other means, the proceeds of such payments have been settled to the account of Imaginarium 2.0 Pty Ltd.
In the event that Imaginarium 2.0 Pty Ltd does not receive payment for the goods when payment is due, the Customer acknowledges that Imaginarium 2.0 Pty Ltd is entitled at any time to enter the Customer’s premises and repossess the goods.
The Customer also acknowledges that until title to the goods passes to the Customer, the Customer
possesses the goods as bailee only and must keep the goods in good order and condition and free of any encumbrance.
Goods are at the Customer’s risk from the time of:
(a) the passing of property to the Customer; or
(b) the physical delivery of the goods to the Customer or such person or premises as the Customer directs, whichever occurs first.
Goods may be returned to Imaginarium 2.0 Pty Ltd for credit only as permitted under these Terms and Conditions of Sale.
Imaginarium 2.0 Pty Ltd is prepared to supply titles on a sale or return basis provided such goods are not designated "firm sale", indent titles, or subject to a firm sale agreement and:
(a) on the understanding that such returns can only be authorised no earlier than 6 (six) months after invoice date and no later than 12 (twelve) months after invoice date; and
(b) the returned goods are received at the Imaginarium 2.0 Pty Ltd warehouse in mint, saleable condition.
Any goods received as part of an authorised return that are perceived by Imaginarium 2.0 Pty Ltd to be in non-mint
or unsaleable condition or bearing any in-store pricing will be returned to the Customer at the Customer’s
expense including a handling fee.
(c) out of print titles may not be returned for credit.
(d) titles supplied firm sale, or as print-on-demand stock, may not be returned for credit.
Not Our Publication
Imaginarium 2.0 Pty Ltd will not accept returns of goods that were not or have subsequently ceased to be distributed by Imaginarium 2.0 Pty Ltd. Imaginarium 2.0 Pty Ltd may, at its own discretion, dispose of any such goods. If Imaginarium 2.0 Pty Ltd chooses to
return the goods to the Customer, the cost of return will be charged to the Customer.
Only returns authorised by Imaginarium 2.0 Pty Ltd will be accepted. The procedure for authorising returns is as follows:
(a) The Customer must lodge a Request for Returns, listing title, quantity, invoice number and invoice date in writing either by email or mail to Imaginarium 2.0 Pty Ltd PO Box 5244, Victoria Point, Queensland 4165, Em. firstname.lastname@example.org
(b) If the returns are authorised, Imaginarium 2.0 Pty Ltd will issue a Returns Authorisation Number to the Customer.
Packaging of Authorised Returns
The Customer must return the goods in cartons which:
(a) arrive in the Imaginarium 2.0 Pty Ltd warehouse no later than 1 month after the date of authorisation;
(b) have been securely packed against damage in transit;
(c) indicate clearly on each carton the number of cartons being returned (for example, Carton 1 of 3, Carton 2 of 3, etc.); and
(d) do not exceed 20kg weight per carton.
OR IF YOU HAVE SPECIFIC WRITTEN AUTHORISATION TO DESTROY STOCK FROM IMAGINARIUM 2.0 PTY LTD CUSTOMER SERVICE OR SALES STAFF - COVERS AND TITLE PAGES CAN BE RETURNED AS PROOF.
Credit will not be given for returns received in excess of the authorised quantity.
Returns in Australia and New Zealand should be addressed to Imaginarium 2.0 Pty Ltd, 99 Ziegenfusz Road, Thornlands, Queensland Australia 4164
Returns addressed to the Imaginarium 2.0 Pty Ltd PO Box address will not be accepted and will be returned to the Customer at the Customer’s expense.
Goods will be returned to the Customer at the Customer’s cost if they are:
(b) not accompanied by a Returns Authorisation Number;
(c) firm sale;
(d) not invoiced by Imaginarium 2.0 Pty Ltd;
(e) received in non-mint or unsaleable condition;
(f) sent to any address other than the warehouse address above.
Credit for Returns
All adjustments for returns will be by way of an Adjustment Note adjusting the Customer’s account with Imaginarium 2.0 Pty Ltd. Adjustment notes and credit balances cannot be redeemed in cash.
Where the Customer sells the business to an unrelated party, Imaginarium 2.0 Pty Ltd may on application by the new owner consent to the assignment of the credit balance to the new owner.
All prices are correct at the time of announcement and are subject to revision without notice.
The Customer acknowledges that the goods supplied under these Terms and Conditions of Sale are subject to copyright protection under the laws of Australia.
A failure by Imaginarium 2.0 Pty Ltd to exercise its rights under these Terms and Conditions of Sale shall not constitute a continuing or future waiver of any of its rights.
12. FORCE MAJEURE
If Imaginarium 2.0 Pty Ltd is prevented from or delayed in complying with any obligation under these Terms and Conditions of Sale by anything which is beyond the reasonable control of Imaginarium 2.0 Pty Ltd, that obligation will be suspended during the time that Imaginarium 2.0
Pty Ltd is affected.
The contract (of which these Terms and Conditions of Sale form part) shall be subject to the laws and courts of the State of Queensland.
(ABN 19 617 140 860)
Imaginarium 2.0 Pty Ltd
Tel +61 418 315 912