All stockist accounts are subject to approval by Funky Monkey Cookies.
Approval of an account does not require Funky Monkey Cookies to accept every order placed by the customer.
Orders are subject to product availability and confirmation by Funky Monkey Cookies.
Funky Monkey Cookies may reasonably refuse or limit an order where products are unavailable, production capacity is limited, an account is overdue, or there are reasonable concerns regarding the customer's account.
Any requested delivery date is subject to confirmation by Funky Monkey Cookies.
2. Payment Terms
Approved wholesale accounts are strictly 7-day payment terms from the invoice date, unless otherwise agreed in writing.
All invoices must be paid in Australian Dollars (AUD).
Payment may be made by VISA, MasterCard or Electronic Funds Transfer (EFT), or by another payment method approved by Funky Monkey Cookies.
The customer is responsible for ensuring payment is received by the due date.
Funky Monkey Cookies may require full or partial payment before production or dispatch for particular orders or customers where reasonably required.
3. Pricing and GST
Wholesale prices are those advised by Funky Monkey Cookies at the time an order is accepted.
Funky Monkey Cookies may change wholesale pricing from time to time due to changes in ingredient, packaging, freight, production or other business costs.
Any price change will apply to orders placed after the new pricing takes effect. Pricing for an order already accepted will not be changed unless agreed with the customer.
Prices are inclusive of GST unless otherwise stated.
Any applicable delivery, handling or other charges will be advised before the order is confirmed.
4. Minimum Orders
Wholesale orders are subject to the minimum order requirements advised by Funky Monkey Cookies from time to time.
Any applicable minimum order quantity, minimum order value or handling charge will be disclosed before an order is confirmed.
Funky Monkey Cookies may change minimum order requirements for future orders.
5. Overdue Accounts
If an invoice is not paid by its due date, Funky Monkey Cookies may suspend the customer's account and withhold or cancel future orders until all overdue amounts are paid.
Overdue amounts may accrue interest at the rate of 1.5% per month, calculated daily from the due date until payment is received.
Funky Monkey Cookies may also recover reasonable costs actually incurred in recovering overdue amounts, including debt collection and legal costs, to the extent permitted by law.
Acceptance of a late or partial payment does not waive Funky Monkey Cookies' right to recover the remaining balance or exercise its rights under these Terms.
6. Credit Facilities
Any credit facility provided by Funky Monkey Cookies is at its discretion.
Funky Monkey Cookies may reasonably review, reduce, suspend or withdraw a customer's credit facility where an account becomes overdue, payment history is unsatisfactory, or there is a material increase in credit risk.
Where credit facilities are suspended or withdrawn, Funky Monkey Cookies may require payment in full before accepting, producing or dispatching further orders.
Suspension or withdrawal of credit does not affect amounts already owing.
7. Delivery
Funky Monkey Cookies may arrange delivery using Australia Post, courier services or other suitable delivery providers.
Delivery dates and transit times are estimates unless expressly agreed otherwise in writing.
Funky Monkey Cookies will take reasonable steps to dispatch orders within any agreed timeframe but is not responsible for delays caused by carriers or circumstances outside its reasonable control.
The customer must provide complete and accurate delivery information.
The customer is responsible for any additional reasonable delivery costs resulting from incorrect delivery information supplied by the customer, failed delivery attempts or redirection requested by the customer.
Customers should inspect goods promptly following delivery.
8. Incorrect, Missing or Damaged Goods
Claims relating to visible damage, shortages or incorrect products must be reported to Funky Monkey Cookies within 48 hours of delivery, together with reasonable supporting information and photographic evidence where applicable.
This 48-hour period does not limit any rights that cannot lawfully be excluded, including rights relating to defects that could not reasonably have been identified within that period.
Where Funky Monkey Cookies confirms that goods were supplied incorrectly, damaged prior to delivery or are otherwise defective, Funky Monkey Cookies will provide an appropriate remedy in accordance with applicable law.
Funky Monkey Cookies is not responsible for damage caused after delivery by improper storage, handling, display or transportation by the customer.
9. Best Before Dates and Unsold Stock
Products are supplied with Best Before information appropriate to the product at the time of dispatch.
The customer is responsible for managing its inventory and ensuring products are sold or otherwise appropriately dealt with before their Best Before date.
Funky Monkey Cookies does not provide refunds, credits or exchanges merely because products remain unsold or reach their Best Before date while in the customer's possession.
Funky Monkey Cookies is not responsible for loss arising from over-ordering, poor inventory management or failure to sell stock before its Best Before date, except to the extent liability cannot lawfully be excluded.
10. Storage and Handling
Products must be stored in a cool, dry place away from direct sunlight, excessive heat, moisture and humidity and in accordance with any storage instructions provided with the products.
Customers are responsible for maintaining appropriate storage and handling conditions after delivery.
Funky Monkey Cookies is not responsible for deterioration or damage caused by improper storage, handling, contamination or exposure to unsuitable conditions after delivery.
11. Product Information, Allergens and Labelling
The customer must not remove, obscure, alter or misrepresent any ingredient, allergen, Best Before, storage or other product information supplied by Funky Monkey Cookies where that information is required to remain with the product.
Customers must not make representations about Funky Monkey Cookies products that are inconsistent with information supplied by Funky Monkey Cookies.
Products must not be represented as allergen-free, gluten-free, dairy-free, nut-free or suitable for a particular dietary requirement unless Funky Monkey Cookies has expressly supplied the product on that basis.
Customers must not repackage or relabel Funky Monkey Cookies products without prior written approval where doing so could affect product information, traceability, food safety or legal labelling requirements.
12. Food Safety and Product Recalls
Customers must notify Funky Monkey Cookies as soon as reasonably practicable if they become aware of a suspected food safety issue, contamination, product defect or other safety concern involving Funky Monkey Cookies products.
In the event of a product recall, withdrawal or food safety investigation, customers must reasonably cooperate with Funky Monkey Cookies and comply with reasonable instructions concerning affected products.
This may include immediately removing affected products from sale, isolating stock and providing information reasonably required to identify affected products and quantities.
Customers must not knowingly sell any product that has been recalled, withdrawn or identified as unsafe.
13. Cancellations and Changes to Orders
Customers should contact Funky Monkey Cookies as soon as possible if they wish to cancel or change an order.
Orders may not be cancelled or reduced once production has commenced, products have been specially prepared or ordered for the customer, or the order has been dispatched.
Funky Monkey Cookies may agree to a cancellation or change at its discretion where reasonable and may recover costs already reasonably incurred in fulfilling the order.
No refund or credit will be provided for change of mind, excess stock or unsold stock.
14. Product Availability
Products, flavours and ranges are subject to availability and may change from time to time.
Funky Monkey Cookies may discontinue products or flavours without affecting orders already accepted.
If an ordered product becomes unavailable, Funky Monkey Cookies will contact the customer where reasonably practicable to arrange a suitable substitution, credit, refund or other appropriate solution.
Funky Monkey Cookies will not substitute a materially different product without the customer's agreement.
15. Promotional Materials and Display Equipment
Any promotional materials or display equipment supplied on loan by Funky Monkey Cookies, including A-frames, signage, banners and display crates, remain the property of Funky Monkey Cookies unless otherwise agreed in writing.
Customers must take reasonable care of these items and return them upon reasonable request.
The customer may be responsible for reasonable repair or replacement costs where equipment is lost or damaged as a result of the customer's negligence, misuse or failure to take reasonable care.
Normal wear and tear is excluded.
16. Intellectual Property and Brand Use
Funky Monkey Cookies' name, logos, product images, designs, branding and other intellectual property remain the property of Funky Monkey Cookies or their respective owners.
Approved stockists may use promotional materials supplied or approved by Funky Monkey Cookies for the purpose of promoting and selling Funky Monkey Cookies products.
Customers must not materially alter Funky Monkey Cookies branding or use it in a way that is misleading, deceptive, unlawful or reasonably likely to damage the brand's reputation.
Permission to use Funky Monkey Cookies branding ends when the customer's stockist relationship ends, except to the extent reasonably necessary to sell any remaining genuine stock.
17. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded or limited under the Australian Consumer Law or other applicable legislation.
Where liability can lawfully be limited, Funky Monkey Cookies' liability will be limited to the maximum extent permitted by law.
18. Limitation of Liability
To the maximum extent permitted by law, Funky Monkey Cookies is not liable for indirect or consequential loss arising from the resale, storage, handling or use of products where that loss was not directly caused by a breach by Funky Monkey Cookies.
Nothing in this clause limits liability to the extent that it cannot lawfully be excluded or limited.
Nothing in these Terms limits the customer's rights under the Australian Consumer Law or other applicable legislation.
19. Force Majeure
Funky Monkey Cookies will not be liable for a delay or failure to perform an obligation where the delay or failure results from circumstances beyond its reasonable control.
Such circumstances may include severe weather, fire, flood, natural disaster, power failure, supply chain disruption, ingredient or packaging shortages, industrial action, transport disruption, government restrictions or other events beyond Funky Monkey Cookies' reasonable control.
Funky Monkey Cookies will take reasonable steps to minimise the effect of such circumstances and resume performance when reasonably possible.
If an affected order cannot reasonably be fulfilled, Funky Monkey Cookies will contact the customer to arrange an appropriate alternative, cancellation, credit or refund for any amount paid for goods that cannot be supplied.
20. Default and Account Termination
Funky Monkey Cookies may suspend or terminate a wholesale account where the customer repeatedly fails to meet payment obligations, materially breaches these Terms, engages in fraudulent or unlawful conduct relating to the account, or otherwise presents a material commercial or credit risk.
Where reasonably practicable, Funky Monkey Cookies may provide the customer with an opportunity to remedy a breach before terminating the account.
Termination or suspension of an account does not extinguish any amount already owing to Funky Monkey Cookies.
21. Changes to These Terms
Funky Monkey Cookies may update these Terms of Trade from time to time.
The current version will be published on the Funky Monkey Cookies website.
Updated Terms will apply to orders placed after the updated Terms take effect.
Changes will not retrospectively alter the terms applying to an order already accepted unless agreed by the parties or required by law.
Where a change materially affects an ongoing credit facility or other ongoing obligation, Funky Monkey Cookies may provide reasonable notice of the change.
A link to the current Terms of Trade may be included on invoices, account statements and other communications.
22. Notices and Contact Information
Customers are responsible for keeping their business, contact, billing and delivery information up to date.
Notices and account communications may be sent to the email address or other contact details provided by the customer.
Customers should notify Funky Monkey Cookies promptly of changes to their legal entity, ownership, ABN, trading name, contact details, billing details or delivery address.
23. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.
24. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, if it cannot be read down, severed.
The remaining provisions will continue to apply.
25. Waiver
A failure or delay by Funky Monkey Cookies to exercise a right under these Terms does not constitute a waiver of that right.
A waiver of a right on one occasion does not constitute a waiver of that right on any subsequent occasion.
26. Entire Agreement
These Terms, together with the customer's Stockist Account Application and any specific terms agreed in writing for an order or account, constitute the agreement between Funky Monkey Cookies and the customer in relation to the supply of wholesale goods.
Where specific terms have been agreed in writing for a particular order and conflict with these Terms, the specifically agreed terms will apply to that order to the extent of the inconsistency.
