To the fullest extent legally possible, all dealings between Moondarra Cheese Pty Ltd ACN 087 762 927 (& each of its subsidiaries, divisions, affiliates, associated & related entities & its successors & assigns)(“Moondarra”) & any Customer (“Customer”) relating to any goods or services are subject to the following Terms & Conditions of Trade (“these Terms”) unless otherwise agreed in writing.

  • Payments:
    • Payments to be made within 30 days from end of month of invoice date without deduction or set-off of any kind
    • Moondarra may apply a payment received from the Customer to any amounts owed by the Customer (including interest, part payment of an invoice, administration, collection & other costs) in any order
    • Moondarra is entitled to set-off or deduct any amount payable by Moondarra to the Customer.
  • Interest:
    • Interest is payable on overdue accounts at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) plus an additional 3% & a monthly admin fee of $25 will apply.
  • Property:
    • Property in goods shall not pass until payment in full of all monies owed to Moondarra on any basis (“Full Payment”).
    • Moondarra reserves the right to take possession & dispose of goods as it sees fit at any time until Full Payment & the Customer grants permission to Moondarra to enter any property where any goods are, in order to do so & with such force as necessary.
    • Immediately upon delivery the Customer accepts liability for the goods.
    • A certificate signed by an officer of Moondarra identifying goods & certifying that monies are owing to Moondarra shall be conclusive evidence of Moondarra’s title thereto.
    • Upon sale or disposition of goods prior to Full Payment the Customer agrees to hold all proceeds Upon Trust for Moondarra in a separate bank account, agrees not to mix proceeds with any other monies & will immediately account to Moondarra therefore even if Moondarra may have granted any credit facility &/or time to pay.
    • Until Full Payment the Customer agrees
      • to keep all goods as fiduciary for Moondarra & store them in a manner which shows Moondarra as owner
      • only to sell goods in the usual course of business
      • sale on terms, at cost or less than cost shall not be “in the usual course”
    • Clause 3 is not intended to create a charge & shall be read down to the extent necessary to avoid being a charge.
    • if the Customer uses or incorporates any goods in any production, process or manufacture or combines them with anything to create a finished or combined new thing for disposition then upon such disposition prior to Full Payment, the Customer agrees to hold such part of the proceeds thereof (& until payment is received by the Customer, that part of any applicable book debt ) as equals the costs of the goods used &/or incorporated therein (at the prices invoiced by Moondarra to the Customer) Upon Trust for Moondarra until Full Payment.