Download Trumps Privacy Policy (pdf)
This Privacy Policy sets out how TRUMPS PTY LTD (ACN 010 134 451) including, but not limited to any related body corporate, any subsidiary or associated entity and as trustee of any trust from time to time (individually and together called “TRUMPS”) (referred to as “we”, “our”, or “us” in this policy) handles your personal information (including personal information collected via our website) and how to contact us if you have any questions about our management of personal information. We are committed to protecting your privacy and ensuring that our Privacy Policy complies with Australian Privacy Principles set out in the Privacy Act.
We conduct regular reviews of our policies and procedures, and we may change our Privacy Policy from time to time. The most current version of our Privacy Policy will be available on our website. A copy of our Privacy Policy is also available free of charge by contacting our Privacy Officer using the contact details set out below. We will take reasonable steps to provide a copy of our Privacy Policy in the form requested.
Your use of our website is also subject to our [insert hyperlink – Terms and Conditions of Use]. You should note that other websites are made available on our website through hyperlinks. Those websites are not subject to our Privacy Policy and you should review the privacy policies of each of those other websites to assess whether they are suitable to you before using them.
By providing information to us after viewing this Privacy Policy you acknowledge and consent to our collection, use, and disclosure, of your personal information as set out in this Privacy Policy.
“Personal Information” is information or an opinion, in any form (whether true or not) about an individual or an individual who is reasonably identifiable.
The kinds of personal information we collect and hold will vary depending on your dealings with us and the circumstances of collection. For example, whether we collect personal information from you as a customer, guarantor, contractor, job applicant, supplier, or in some other capacity.
The kinds of personal information we collect and hold may include any of the following:
You do not have to give us your personal information. However if you choose not to give us your personal information we may be unable to provide you with our products or services, grant credit terms to you, process or assess your application, finalise payment of products or services you have ordered, deliver products you have ordered, or otherwise do business with you or an entity you are connected with.
“Sensitive Information” includes information about your health, race, ethnic origin, and religious beliefs.
We will not generally collect sensitive information. However you may wish to provide us with sensitive information about you from time-to-time. For example, if you are a contractor you may wish to provide us with information about your health in connection with an incident on one of our work sites. If we do collect sensitive information about you we will only do so with your consent or where the collection is required or authorised by law.
“Government related identifiers” are identifiers such as driver’s licence numbers or tax file numbers. We do not collect, use, or disclose government related identifiers unless they are reasonably necessary to verify your identity for our business purposes, or where the use or disclosure is required or authorised by law. We do not adopt those identifiers to identify you or the information we may have collected about you.
You have the option of dealing with us anonymously or through the use of a pseudonym where it is practical to do so. For example, when you make general enquiries with us about the type of products or services we supply, or when you provide us with feedback. If you choose to deal with us using a pseudonym we will not link that pseudonym to your personal information.
However we may be unable to deal with you or an entity you are connected with if we cannot identify you. For example, we may not be able to supply purchased goods or services to you without knowing your name and address. In some circumstances we may be required by law only to deal with an individual who has identified themselves.
We will collect your personal information from you directly whenever it is reasonable and practical to do so. There are a number of ways we may collect your personal information, including when you:
Where we outsource our functions to third party service providers, those providers may also collect personal information from you on our behalf.
In some cases we may collect your personal information from publicly available records, our related bodies corporate, or non-related third parties. The circumstances where we collect your personal information from third parties may include:
At all times we will ensure that your personal information is collected in a lawful and fair way, and that we comply with the Privacy Act and the Australian Privacy Principles.
We use technology known as “cookies” when you visit our website to collect information about the session between your computer and our website.
A “cookie” is a small data file that will be stored on your computer hard drive or browser, recording the way you use our website. For example, cookies may record which pages of our website you have looked at or the information you searched for. We may also create cookies to display information and enable a “remember me” option to automatically log you in the next time you use our website. You can refuse all cookies by turning them off in your browser, although this may mean you cannot access certain parts of the website.
Our system automatically collects the unique network address of your computer (generally known as an IP Address) so that our system can send information to your computer. While it is possible to determine the general location of a computer from its IP address, an IP address is otherwise anonymous. If you have an online account with us, we may collect and hold:
We do not otherwise use your IP address to personally identify you.
The internet is not a secure method of transmitting information. Other than where we use Secure Socket Layer (SSL) technology (such as for the transmission of credit card information), to the maximum extent permitted by law we cannot and do not accept responsibility for the security of information you send to or receive from us over the internet, or for the unauthorised access or use of that information.
If we receive any unsolicited personal information about you, which is not reasonably necessary for our business purposes, we will take steps to destroy or permanently de-identify that information as soon as it is reasonable and practical for us to do so. However we may be unable to destroy or de-identify unsolicited personal information if it would be unlawful for us to do so.
We will only collect, use, and disclose your personal information for the purposes disclosed to you at the time it is collected, or to which you have consented, or as otherwise set out in this Privacy Policy.
We collect, use, and disclose personal information reasonably necessary for our business purposes and as required by law. Those purposes may include:
We may also use or disclose your personal information for another purpose related to the primary purposes set out above. For example, we may use the information you have already given us to supply you with further products and services. However we will only use or disclose information for another purpose with your consent or if you would reasonably expect us to do so.
We may disclose your personal information to our related bodies corporate and third parties for the purposes set out above. The third parties to whom we may disclose your personal information include:
We will disclose your personal information when we outsource certain of our functions to third party service providers. The functions we may outsource include:
Where we disclose your personal information to our third party service providers we require those providers to comply with the Privacy Act and APPs. Our third party service providers will not collect, use, or disclose your personal information for any purpose than our own, as set out in this Privacy Policy.
Direct marketing involves communicating with you directly for the purpose of promoting our goods and services to you. From time-to-time we may use and disclose the personal information we hold about you to let you know about special offers, promotions, and products and services we think may be of interest to you. We will engage in marketing unless you tell us otherwise. However you can opt-out of receiving marketing communications from us by contacting our Privacy Officer using the details set out below. We will ensure that your name is removed from our marketing list in those circumstances. You also have the right to ask us to identify the source of the personal information we use or disclose for the purpose of direct marketing.
We do not provide your personal information to other organisations for the purposes of direct marketing without your express consent.
We are not likely to disclose your personal information to overseas recipients.
We store personal information in both paper-based records and in electronic form (such as on computer servers) on our systems or the systems of our service providers. We take all reasonable precautions to safeguard your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure, including:
When we no longer need your personal information we will take reasonable steps to destroy or permanently de-identify that information.
We take all reasonable steps to ensure that the personal information we collect, use, and disclose is accurate, up-to-date, complete, and relevant. If your personal details change at any time (such as your address or phone number) please contact our Privacy Officer.
Under the Privacy Act you have a right to access the personal information we hold about you, subject to some exceptions allowed by law. Factors affecting your right to access include:
If you would like access to your personal information, please contact our Privacy Officer using the contact details set out below.
We will usually respond to requests for access to personal information within 30 days of receiving the request. If we refuse your request, we will give you a written notice setting out the reasons for our refusal (except to the extent it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal.
We will not charge you for an access request, however we may charge you a reasonable fee for retrieving your information. We will inform you of any fee and obtain your agreement to that fee before the information is provided to you. We will usually respond to requests for access to your personal information within 30 days of receiving the request.
We take all reasonable steps to ensure that the personal information we collect is accurate, up-to-date, complete, relevant, and is not misleading. However if you believe that is not the case you have a right under the Privacy Act to request that we correct your personal information.
If you would like to do so, please contact our Privacy Officer using the contact details set out below.
We will usually respond to requests for correction of personal information within 30 days of receiving the request. If we refuse your request, we will give you a written notice setting out the reasons for our refusal (except to the extent it would be unreasonable for us to do so) and the mechanisms available to you to complain about the refusal. You may also request us to associate a statement with your information to the effect that you believe the information is inaccurate, out-of-date, incomplete, irrelevant, or misleading, so that it is apparent to other users of the information.
We will not charge you for correcting personal information or for associating a statement with your personal information.
If you have any questions regarding our Privacy Policy, or believe we have not complied with our obligations under the Privacy Act in relation to your personal information and wish to make a complaint, please contact:
Download Trumps Credit Reporting Policy (pdf)
This Credit Reporting Policy sets out how TRUMPS PTY LTD (ACN 010 134 451) including, but not limited to any related body corporate, any subsidiary or associated entity and as trustee of any trust from time to time (individually and together called “TRUMPS”) (referred to as “we”, “our”, or “us” in this policy) manages the personal information we obtain from credit reporting bodies (“CRBs”) and other types of credit-related personal information. We are committed to protecting your privacy and ensuring that we comply with the Privacy Act and Privacy (Credit Reporting) Code (“CR Code”).
This Credit Reporting Policy does not apply to the commercial credit we provide to companies. However it will apply to an individual who applies to us for commercial credit, and to other individuals we deal with in connection to the provision of commercial credit (such as directors and individual guarantors). If you are unsure whether this Credit Reporting Policy applies to you, please contact our Privacy Officer using the contact details set out below.
We conduct regular reviews of our policies and procedures, and we may change our Credit Reporting Policy from time to time. The most current version of our Credit Reporting Policy will be available on our website. A copy of our Credit Reporting Policy is also available free of charge by contacting our Privacy Officer using the contact details set out below. We will take reasonable steps to provide a copy of our Credit Reporting Policy in the form requested.
The types of information we collect and hold may include:
The Privacy Act has detailed definitions describing the types of information set out above. However in this Credit Reporting Policy we collectively refer to these types of information as “credit-related information”. We will only collect credit-related information about you by lawful and fair means, and in accordance with the Privacy Act and CR Code.
We may obtain credit-related information about you from:
Where we outsource our functions to third party services providers, those providers may also collect credit-related information from you on our behalf.
We may collect, hold, use, and disclose credit-related information about you that is reasonably necessary for our business purposes and as permitted by law. Those purposes may include:
Some credit-related information may only be used or disclosed under the Privacy Act for some of these purposes, or in some of those circumstances. We are not likely to disclose your credit-related information to recipients located outside of Australia.
We may refuse an application for commercial credit and/or reject a guarantee based wholly or partly on your credit-related information.
We may disclose your credit-related information to a CRB for the purposes set out above and where the Privacy Act permits us to do so. The types of information we may disclose to a CRB include:
CRBs may include that information in reports provided to credit providers like us to assist them in assessing your creditworthiness.
Under the Privacy Act, CRBs are permitted to use credit reporting information to assist credit providers who wish to direct market to you by ensuring you meet certain criteria. This is known as “pre-screening”. You have a right to contact a CRB and request (at no cost to you) that a CRB does not use your information for this purpose.
You also have a right to request that a CRB not use or disclose your credit-related information if you reasonably believe that you have been, or are likely to be, a victim of fraud (including identity fraud).
You can contact the CRBs we exchange information with using the details below:
PO Box 964
North Sydney NSW 2059
1300 762 207
customercomplaintsAU@equifax.com
You may obtain a copy of Equifax’s policy about their management of credit-related information by contacting them or visiting their website.
Attention: Public Access Centre
PO Box 7405
St Kilda VIC 3004
1300 734 806
pac.austral@dnb.com.au
You may obtain a copy of Illion/Dun & Bradstreet’s policy about their management of credit-related information by contacting them or visiting their website
GPO BOX 276 Sydney NSW 2001 privacy@creditorwatch.com.au
You may obtain a copy of CreditorWatch’s policy about their management of credit-related information by contacting them or visiting their website.
Level 6, 549 St Kilda Road
Melbourne VIC 3004
1300 783 684
creditreports@au.experian.com
You may obtain a copy of Experian’s policy about their management of credit-related information by contacting them or visiting their website.
29 Argyle Street
Hobart TAS 7000
(03) 6213 5555
enquiries@tascol.com.au
You may obtain a copy of Tasmanian Collection Service’s police about their management of credit-related information by contacting them or visiting their website.
In connection to an application for commercial credit, trade insurers may also obtain credit-related information about you from us or a CRB for the purpose of assessing whether to provide insurance to us in relation to the commercial credit we provide you (including assessment of the risk of insuring us, the risk of default by you and/or you in your capacity as a guarantor).
We will disclose your credit-related information when we outsource certain of our functions to third party service providers. The functions we may outsource include:
Where we disclose your credit-related information to our third party service providers, we required those providers to comply with the Privacy Act and CR Code. Our third party service providers will not collect, use, or disclose your personal information for any purpose other than our own, as set out in this Privacy Policy.
We store credit-related information in both paper-based records and in electronic form (such as on computer servers) on our systems or the systems of our service providers. We take all reasonable precautions to safeguard your information from misuse, interference and loss, and unauthorised access, modification or disclosure, including:
When we no longer need your credit-related information, and we are not required by law to retain the information, we will take reasonable steps to destroy that information or to ensure it is de-identified.
The internet is not a secure method of transmitting information. Other than where we use Secure Socket Layer (“SSL”) technology (such as for the transmission of credit card information), to the maximum extent permitted by law we cannot and do not accept responsibility for the security of information you send to or receive from us over the internet, or the unauthorised access or use of that information.
We take all reasonable steps to ensure that the credit-related information we collect, use, and disclose is accurate, up-to-date, complete, relevant, and is not misleading. If your personal details change at any time please contact our Privacy Officer.
Under the Privacy Act you have a right to access the credit-related information we hold about you, subject to some exceptions allowed by law. Factors affecting your right to access include:
If you would like access to your credit-related information, please contact our Privacy Officer using the contact details set out below. To ensure that you have access to the most up-to-date information you should additionally request access to credit-related information held by CRBs about you.
We will usually respond to requests for access to credit-related information within 30 days of receiving the request. If we refuse your request, we will give you a written notice setting out the reasons for our refusal (except to the extent it would be unreasonable to do so) and the mechanisms available to you to complain about that refusal.
There is no charge for an access request, although we may charge you a reasonable fee for retrieving your information. We will inform you of any fee and obtain your agreement to that fee before the information is provided to you.
We take all reasonable steps to ensure that the credit-related information we collect is accurate, up-to-date, complete, relevant, and is not misleading. However if you believe that is not the case you have a right under the Privacy Act to request that we correct your credit-related personal information.
If you would like to do so, please contact our Privacy Officer using the contact details set out below.
If we are satisfied that your credit-related information is incomplete, inaccurate, out-of-date, irrelevant, or misleading we will take reasonable steps to correct that information within 30 days of your request, or within such longer period as you agree to in writing. Where it is necessary to resolve a correction request, we must consult with a CRB or another credit provider who holds or held that information.
We will notify you of our decision about a correction request within 5 business days of reaching that decision.
If we refuse your request, we will give you a written notice stating:
There is no cost involved for you to make a correction request or for the correction of your information.
If you believe that we have not complied with our obligations under Part IIIA of the Privacy Act or the CR Code, you have a right to complain. You must specify the nature of your complaint.
You can make a complaint to us by contacting our Privacy Officer using the contact details set out below.
You will receive a written acknowledgment of your complaint from us within 7 days after we receive the complaint together with details of how we will deal with the complaint. We investigate all complaints made to us and aim to resolve them within 30 days. If we cannot resolve your complaint within that period we will write to you explaining why we have been unable to resolve your complaint, the expected timeframe to resolve the complaint, and seeking your written agreement to extend the 30 day period. You may refer the matter to the OAIC if you wish to complain about delay in the handling of your complaint (using the contact details set out below).
If we consider it necessary in order to deal with your complaint, we must consult with a CRB or another credit provider. If, while your complaint remains unresolved, we disclose information the subject of the complaint to a third party, we may advise the third party of the complaint.
We will give you a written notice of our decision. If we find your complaint is justified, we will resolve it and, if necessary, change our policies and procedures. If you are not happy with the way your privacy-related complaint is being handled, or we fail to deal with your complaint to your satisfaction, you may refer the complaint to the OAIC under Part V of the Privacy Act.
Details of how to lodge a complaint with the OAIC may be found at www.oaic.gov.au or by calling 1300 363 992.
We will not charge you for making a complaint to us or for dealing with a complaint.
Download Trumps Collection Notice (pdf)
Download Trumps Statement of Notifiable Matters (pdf)
Trumps is committed to understanding and minimising any adverse environmental impacts of our manufacturing and packing activities.
We do this while continuing to meet the expectations of our customers for quality and service, by providing a safe working environment for employees.
We believe that all Trumps Pty Ltd employees and everyone associated with the Company have an important role to play in achieving our environmental objectives and targets.
To achieve this Policy our objectives are to:
At all levels of the organisation we will encourage a culture of environmental awareness and expect directors, managers and employees to act in a responsible manner through the support and application of this policy.
This Policy will be reviewed annually to ensure the policy is consistent with community and stakeholder expectations, and reflects the nature of Trumps activities and services.
In keeping with the Federal Government Legislation to promote equal employment opportunity Trumps Pty Ltd is committed to the promotion of Equal Opportunity for all persons including women, people of Aboriginal and Torres Strait Island descent, people of all racial and ethnic groups and people with disabilities.
Equal Employment Opportunity means that merit and equity will form the basis of all employment decisions that affect employees at the workplace.
Trumps accepts that as an employer we have a responsibility to eliminate and ensure the continued absence from within its structure of any source of direct or indirect discrimination on the basis of any factors not related to work performance including race, colour, national or ethnic origin, nationality, sex, marital status, pregnancy, age, sexual preference, status as a parent or carer, political conviction, religious belief, social origin or impairment.
In practice, Trumps EEO Policy means:
Trumps is committed to the principles of the legislation and we seek your support in implementing the equal opportunity program.
The responsibility for implementing this program is with the personnel department. The equal opportunity officer is the Human Resources Manager.
It is the policy of Trumps Pty Ltd to supply the safest possible product with consistent quality to customers whilst complying with specifications, standards and regulatory requirements. Trumps is committed to provide adequate resources to deliver this.
The quality management system of Trumps Pty Ltd, as documented in the Trumps Pty Ltd Quality Manual and associated documents, complies with the requirements of AS/NZS ISO 9001 [2008], SQF 2000 and the Australian Organic Standard, HACCP principles of CODEX Alimentarius.
All staff are responsible for ensuring the implementation of the Trumps Pty Ltd Quality Manual, the identification of quality problems and the initiation of corrective and preventative actions to assure the safety of the company’s products and to promote continuous improvement.
Company staff are committed at all times to the fulfillment of the principles of the Trumps Pty Ltd Quality Manual.
Allergen cross-contamination is a major concern for Trumps, as it processes or packs products that collectively contain allergens from most of the major allergen groups. Trumps recognize that this poses a high risk to particular groups of consumers.
It is Trumps policy to clearly label allergens contained in products in accordance with the Australian and New Zealand Food Standards Code. Furthermore Trumps does not endorse generic cross contamination statements and will where possible remove these statements.
An order with value $250 or more is delivered FIS (free into store) to the customer’s nominated delivery address. Any special delivery instructions should be noted on orders or set permanently against your customer account by advising Trumps Customer Service on (07) 3274 7111.
An order with value of less than $250 will be delivered to the customer’s nominated delivery address for a charge of $16.50 (inclusive of GST). The carrier used is at Trump’s sole discretion**.
Minimum order value for FIS delivery for valued Foodservice customers is $2,000.
Brisbane CBD & Metro - orders received prior to 11am EST will be delivered next business day*.
An order with value $500 or more is delivered FIS (free into store) to the customer’s nominated delivery address. Any special delivery instructions should be noted on orders or set permanently against your customer account by advising Trumps Customer Service on (07) 3274 7111.
An order with value of less than $500 will be delivered to the customer’s nominated delivery address for a charge of $16.50 (inclusive of GST). The carrier used is at Trump’s sole discretion**.
Minimum order value for FIS delivery for valued Foodservice customers is $2,000.
Gold Coast - orders received prior to 11am EST will be delivered next business.*
Sunshine Coast – orders received prior to 2pm EST will be delivered next business day.*
An order of any value will be delivered to the customer’s nominated delivery address for a charge of $16.50 (inclusive of GST). Any special delivery instructions should be noted on orders or set permanently against your customer account by advising Trumps Customer Service on (07) 3274 7111. **
Minimum order value for FIS delivery for valued Foodservice customers is $2,000.
Orders received prior to 11am EST will be delivered next business day*.
An order with value $500 or more is delivered FIS (free into store) to the customer’s nominated delivery address. Any special delivery instructions should be noted on orders or set permanently against your customer account by advising Trumps Customer Service on (07) 3274 7111.
An order with value of less than $500 will be delivered to the customer’s nominated delivery address for a charge. Rates are based on cubic weight and include a standard consignment fee, and a minimum charge can apply. The carrier used is at Trump’s sole discretion**.
Minimum order value for FIS delivery for valued Foodservice customers is $2,000.
Sydney CBD & Metro – orders received prior to 4pm EST will be despatch next business day for delivery next business day*.
Melbourne CBD & Metro, Rockhampton, Gladstone – orders received prior to 4pm EST will be despatched next business day for delivery within 2 business days*.
An order with value $750 or more is delivered FIS (free into store) to the customer’s nominated delivery address. Any special delivery instructions should be noted on orders or set permanently against your customer account by advising Trumps Customer Service on (07) 3274 7111.
An order with value of less than $750 will be delivered to the customer’s nominated delivery address for a charge. Rates are based on cubic weight and include a standard consignment fee, and a minimum charge can apply. The carrier used is at Trump’s sole discretion**.
Minimum order value for FIS delivery for valued Foodservice customers is $2,000.
Adelaide CBD & Metro – orders received prior to 4pm EST will be despatch next day business day and delivered within 3 business days*.
Newcastle & Canberra – orders received prior to 4pm EST will be despatched next business day with delivery within 2 business days*.
Port Macquarie – orders received prior to 4pm EST will be despatched next business day with delivery within 3 business days*.
Coffs Harbour & Lismore – orders received prior to 4pm EST will be despatched next business day for delivery within 4 business days*.
Mackay – orders received prior to 4pm EST will be despatched next business day for delivery within 2 business days*.
Townsville - Port Macquarie – orders received prior to 4pm EST will be despatched next business day for delivery within 3 business days*.
An order with value $750 or more is delivered FIS (free into store) to the customer’s nominated delivery address. Any special delivery instructions should be noted on orders or set permanently against your customer account by advising Trumps Customer Service on (07) 3274 7111.
An order with value of less than $750 will be delivered to the customer’s nominated delivery address for a charge. Rates are based on cubic weight and include a standard consignment fee, and a minimum charge can apply. The carrier used is at Trump’s sole discretion**.
Minimum order value for FIS delivery for valued Foodservice customers is $2,000.
Orders received prior to 4pm EST will be despatched next business day with delivery within 3 business days*.
Deliveries are ex-Trumps Bibra Lakes warehouse and are delivered FIS.
*Transit times are those published by our selected carrier. Whilst every effort is made to meet these published transit times, Trumps and its carrier cannot be held responsible for non-performance due to circumstances outside their control. Please ensure special delivery instructions are clearly stated on an order or communicated to the Trumps Customer Service team on (07) 3274 7111.
An order with value greater than $250 or more can be delivered to a nominated transport depot in the close vicinity of Rocklea, or delivered to a nominated section in the Brisbane Markets, free of charge. An order with value less than $250 will incur a charge of $16.50 (inclusive of GST).
Order delivery addresses need to be amended to reflect selection of these options.
***For delivery addresses outside the published regions, please contact Trumps Customer Service on (07) 3274 7111 or your local Trumps Sales Representative (contact details available on www.trumps.com.au)
Trumps Pty Limited
Following are the Terms and Conditions of Trade (“Trading Terms”) for TRUMPS PTY LTD (ACN 010 134 451) including, but not limited to any related body corporate, any subsidiary or associated entity and as trustee of any trust from time to time (individually and together called “TRUMPS”).
01. Payment: The Customer must pay for all purchases on delivery, or (if Credit Terms have been extended or TRUMPS otherwise agrees in writing prior to delivery) within fourteen(14) days from the end of the month in which the invoice is generated, or within any alternative credit period granted in writing by TRUMPS. Amounts payable by the Customer under the Credit Terms must be paid in full without deduction, retention or set-off of any kind and for any reason.
02. Interest and Administration fee: TRUMPS is entitled to charge the Customer:
03. GST: Each amount payable by the Customer under the Trading Terms in respect of a Taxable Supply by TRUMPS is a GST exclusive amount and on receipt of a tax invoice the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Services) Act 1999 (Cth).
04. Withdrawal or Variation of Credit: TRUMPS may at any time, without the need to provide a reason, vary or withdraw any credit granted to the Customer. Where the Customer completes a further Application for a Commercial Trading Account, that Application will not be in derogation of but in addition to any previous general Trading Terms existing except as notified by TRUMPS (or any of its related entities, subsidiaries and assigns and as Trustee of any Trust) in writing.
05. Charge over Customer’s Property: As security for payment to TRUMPS of all moneys payable by the Customer and for the Customer’s obligations generally under these Trading Terms, the Customer charges in favour of TRUMPS the whole of the Customer’s undertaking, property and assets (including without limitation all of the Customer’s interests, both legal and beneficial, in freehold and leasehold land) both current and later acquired. The Customer irrevocably appoints each Officer as the Customer’s attorney to do all things necessary to create and register each such charge. Upon demand by TRUMPS, the Customer agrees to immediately execute a mortgage or other instrument in terms satisfactory to TRUMPS to further secure payment of the money payable by the Customer. If the Customer fails within a reasonable time of such demand to execute such mortgage or other instrument, then the Customer acknowledges that TRUMPS may execute such mortgage or other instrument as the Customer’s attorney pursuant to the appointment of TRUMPS as the Customer’s attorney set out in these Trading Terms.
06. Suspension or Ceasing of Supply:
07. Liability of TRUMPS: TRUMPS will not be liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by TRUMPS, its employees, contractors or agents.
08. Certification: A statement signed by an Officer certifying the amount of any moneys payable by the Customer, or identifying any products and services, as being “unpaid for” is, in the absence of manifest error, conclusive and binding on the Customer.
09. Notification of Change of Details: The Customer will provide written notice to TRUMPS of any change in the Customer’s structure or management, including any change of director, shareholder, partnership, trusteeship or address within 7 days of the change.
10. Continuing Guarantee: All guarantees under or related to these Trading Terms will be continuing guarantees and will terminate only with TRUMPS’ written agreement.
11. Set-Off: TRUMPS may at any time set-off amounts owed by TRUMPS to the Customer against amounts owed by the Customer to TRUMPS.
12. Property:
13. Personal Property Securities Act (Cth) 2009 (“PPSA”):
The Customer grants to TRUMPS a “Financing statement”, “financing change statement”, “security interest”, “purchase money security interest”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meaning given to them by the PPSA.
14. Effect of Other Terms:
These Trading Terms are supplemented by the Credit Terms on TRUMPS’ website at www.TRUMPS.com from time to time, and are in no way affected or amended by any other express or implied terms. No terms of the Customer apply to any agreement between the Customer and TRUMPS. These Trading Terms contain all the terms of the agreement between the parties and supersede all prior discussions and arrangements. In the event that there is any conflict between the provisions of these Trading Terms and the provisions of a Purchase Order or any record of any other agreement that TRUMPS may have with the Customer, then the provisions of these Trading Terms shall prevail.
15. Expenses:
The Customer must pay to TRUMPS any costs, charges and expenses (including all stamp duty and legal fees and costs and debt recovery expenses on a full indemnity basis as a liquidated debt) incurred by TRUMPS in connection with the entry into these Trading Terms, the exercise or attempted exercise of any power, right or remedy under these Trading Terms and/or the failure of the Customer to comply with these Trading Terms.
16. Service of Notices and Documents:
All notices or documents required to be given to TRUMPS for the purposes of the PPSA must be given in accordance with the PPSA. Any notices or documents required to be given by TRUMPS to the Customer for the purposes of the PPSA or for any other purposes will be effectively ‘given’, ‘served’ and ‘delivered’ if sent by TRUMPS to the Customer by pre-paid ordinary post to any one of the following addresses: -
17. Transactions:
The Customer will be liable for all transactions and expenses involving the Customer’s credit account including any fraudulent use of the account by the Customer or any person authorised by the Customer to use the account or the Customer’s employees, agents or contractors. The Customer will also be liable for any fraudulent use of the Customer’s credit account which is directly or indirectly caused or contributed to by the Customer’s negligence.
18. Application of Moneys Received:
If TRUMPS receives or recovers money in respect of a debt of the Customer, TRUMPS may use the money to pay off whichever debt or part of a debt TRUMPS chooses and is not compelled to apply the money as directed by the Customer or any other person.
19. Indemnity:
The Customer will indemnify TRUMPS in relation to any direct or indirect loss, liability or damage suffered by TRUMPS or any other person as a result of the Customer’s negligence or breach of these Trading Terms.
20. Trusts:
These Trading Terms bind the Customer both personally and as trustee of any trusts of which the Customer is trustee.
21. Joint and Several:
If the Customer consists of more than one person, the obligations of each person are joint and several.
22. Severance:
Each clause, subclause and part of these Trading Terms is separate and independent. If any clause or subclause or part is found to be invalid or ineffective, the other clauses or subclauses or parts will not be adversely affected.
23. Waiver:
Any waiver by TRUMPS must be in writing signed by TRUMPS. In the event that TRUMPS elects not to exercise any of TRUMPS’ rights arising in connection with these Trading Terms, TRUMPS’ election will not constitute a waiver of any rights relating to any other breach of these Trading Terms.
24. Amendments:
These Trading Terms may only be amended with TRUMPS’ express written agreement.
25. Assignment:
The Customer may not assign any agreement under these Trading Terms without TRUMPS’ prior written consent.
26. Application of Laws:
These Trading Terms are governed by the laws of the state as determined by TRUMPS in its sole discretion. The Customer submits to and consents to the laws of the state (as determined by TRUMPS in its sole discretion) having jurisdiction over these Trading Terms.
27. Price:
28. Orders:
29. Discounts and/or Adjustments:
terms agreed between the Customer and TRUMPS will be calculated on and applied to the purchase Price exclusive of GST. Where TRUMPS determines on reasonable grounds that an adjustment is required to the purchase Price, it will promptly issue any ‘Adjustment Notes’ that are prescribed by the A New Tax System (Goods and Services) Act 1999 (Cth).
30. Warranty:
31. Claims/Damage:
32. Return of Products:
33. Implied Terms:
34. Indemnity:
Subject to Clause 33, the Customer shall indemnify and keep indemnified and hold TRUMPS harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by TRUMPS, and from and against all actions, proceedings, claims or demands made against TRUMPS, arising from one or more of the following:
35. Rights in relation to the Products:
36. Withholding Supply:
TRUMPS reserves the right, irrespective of whether or not an order has been accepted and without notice to the Customer, to withhold supply to the Customer and TRUMPS will not be liable for loss or damage resulting directly or indirectly from such action where:
37. Modifications of labels:
The Customer may not, without TRUMPS’ written consent, alter, remove, or obliterate any labels which TRUMPS attaches to the Products.
38. Performance and Representations:
The Customer acknowledges that neither TRUMPS nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in writing whether as to the fitness of the Products for any particular purpose or any other matter.
39. Default in Payment:
TRUMPS will treat any default by the Customer in payment of any monies due to TRUMPS as a breach of these Trading Terms. TRUMPS reserves the right thereupon to cease work on the relevant order and all other orders placed by the Customer and hold all the Customer’s work until the due payment or payments on all moneys owed are made. Recurring payments default may, at TRUMPS’ discretion, lead to the Customer’s account with TRUMPS being closed and any further order placed by the Customer and accepted by TRUMPS will only be processed when prepaid at TRUMPS’ absolute discretion.
40. Customer’s Acknowledgment:
The Customer acknowledges that the Products are not of a kind ordinarily acquired for private use or consumption but are acquired for business purposes.
41. Intellectual Property Rights:
The Customer warrants that any design or instruction furnished to TRUMPS shall not be such as will cause TRUMPS to infringe any intellectual property rights (including patents, registered designs, trademarks, copyright, confidential information and the like) in the execution of the Customer’s order and the Customer agrees to indemnify TRUMPS against any infringement or unauthorized use of the intellectual property rights arising out of the manufacture or use of the Products and it is especially agreed that the sale and purchase of Products does not confer on the Customer any license or rights under any intellectual property rights which is the property of TRUMPS.
42. Notices:
Any notice to be given by the Customer to TRUMPS shall be sent to TRUMPS’ Principal Place of business as recorded by TRUMPS database maintained by ASIC from time-to-time. No notice shall be deemed to have been given until it is actually received at such address.
43. Clerical Errors:
TRUMPS reserves the right to correct clerical errors without notification.
44. Definitions and interpretation:
45. Interpretation:
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