Trading Terms & Conditions
Terms and Conditions
WINTERBOTTOM PRODUCTS PTY LTD
ABN 32 771 619 096 TRADING TERMS & CONDITIONS
Winterbottom Products is the trading name of DEPP Trust
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1. Application of Terms
1.1 These Trading Terms govern all quotations, orders, and supply of covering materials, papers, binders board, adhesives, metal ring mechanisms, fittings, and related components (“Goods”) by Winterbottom Products Pty Ltd (“Supplier”) to any purchaser (“Customer”).
1.2 These Terms prevail over any Customer terms unless expressly accepted in writing by the Supplier.
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2. Orders and Minimum Quantities
2.1 All orders constitute an offer by the Customer and are subject to acceptance by the Supplier.
2.2 A minimum order quantity (MOQ) of 5 metres applies to all covering materials and fabric products unless otherwise agreed in writing.
2.3 Special‑order, custom‑cut, or non‑stock items are non‑cancellable and non‑returnable.
3. Prices and Payment
3.1 Prices are exclusive of GST and FREIGHT.
3.2 Prices may be varied without notice prior to acceptance of an order.
3.3 Approved account customers receive 30‑day EOM terms.
3.4 All other orders must be paid in full prior to dispatch.
3.5 The Supplier may charge interest on overdue amounts and may suspend or cancel supply where the Customer is in breach.
4. Delivery and Risk
4.1 Delivery dates are estimates only and not binding.
4.2 Risk in the Goods passes to the Customer upon delivery to the Customer, its agent, or carrier.
4.3 The Customer must inspect Goods upon delivery and notify the Supplier of shortages, defects, or damage within 7 days. Goods are deemed accepted if no notice is given.
5. Returns
5.1 Goods may not be returned without prior written consent.
5.2 Approved returns must be unused, in original condition, and received within 14 days.
5.3 Custom‑cut, special‑order, or adhesive products cannot be returned unless defective.
5.4 Return freight is the Customer’s responsibility unless the Supplier is at fault.​
6. Quality and Specifications
6.1 Goods are supplied in accordance with industry standards.
6.2 Natural variations in colour, texture, grain, or finish—particularly in covering materials—do not constitute defects.
6.3 Roll width may vary depending on base material and manufacturing tolerances.
6.4 Trimming tolerances apply in accordance with relevant ISO standards governing permissible variation in sheet and roll dimensions.
6.5 The Customer is solely responsible for determining suitability for their intended purpose.​
6.6 The Customer must inspect all Goods upon delivery and confirm that the materials supplied match the order before cutting, trimming, gluing, processing, or using the Goods in any way. The Supplier will not be liable for any error, defect, or discrepancy once the Goods have been used or altered.
7. Retention of Title
7.1 Title to the Goods remains with the Supplier until full payment is received.
7.2 Until title passes, the Customer must store Goods separately, keep them identifiable, and hold them as bailee.
7.3 The Supplier may enter the Customer’s premises to recover unpaid Goods without liability.
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8. PPSA Security Interest
8.1 These Terms create a security interest in the Goods and their proceeds under the PPSA.
8.2 The Supplier may register its interest on the PPSR without notice.
8.3 The Customer waives its right to receive verification statements.
8.4 The Customer must provide all information required for registration.
9. Warranties and Liability
9.1 All implied conditions and warranties are excluded to the extent permitted by law.
9.2 Liability is limited to replacement of Goods or refund of the purchase price.
9.3 The Supplier is not liable for indirect or consequential loss, including loss of production, profit, or opportunity.
9.4 The Customer indemnifies the Supplier against loss arising from misuse, improper storage, or handling.
10. Default, Suspension, and Termination
10.1 The Supplier may suspend or terminate supply immediately if the Customer fails to pay when due, breaches these Terms, or becomes insolvent. Termination does not affect the Supplier’s right to recover outstanding amounts.
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11. Governing Law
11.1 These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non‑exclusive jurisdiction of its courts.