Terms of Trade for Australia and New Zealand
The following trading terms are effective from 3rd October, 2011. The supply of books and other products or services (hereinafter called “goods”) by Cambridge University Press (hereinafter referred to as Cambridge) are subject to these trading terms and the terms contained in the credit application and apply to the exclusion of any other terms or conditions that may be contained in the customer’s order and correspondence. Only the Executive Director of Cambridge has the authority to vary these terms.
All prices shown in catalogues, on official Cambridge pricelists or quoted to customers are Australian recommended retail prices (RRP) inclusive of GST.
New Zealand Customers
All prices shown in catalogues, on official Cambridge pricelists or quoted to customers are New Zealand recommended retail prices (RRP) inclusive of GST.
Export Customers (Customers outside Australia & New Zealand)
All prices shown in catalogues, on official Cambridge pricelists or quoted to customers are Australian recommended retail prices (RRP) exclusive of GST. Cambridge reserves the right to alter prices without notice. All backorders will be supplied at the price current at time of despatch.
Cambridge will determine the discounts for individual customers. Discounts are subject to change without notice. Cambridge invoices state the RRP less any agreed discount.
Order of Items
Cambridge invoices list goods by internal product number. The Customer may instruct Cambridge to list the goods on the invoice in the following ways:
a) alphabetically by title
b) by ISBN
c) alphabetically by title within each separate customer reference (order) number.
Cambridge will open a credit account for trade customers who have a satisfactory credit rating and who expect to spend a minimum of $500 (AUD or NZD) per annum.
The Credit Application form is available on request from Cambridge.
The terms accompanying the Credit Application apply to all transactions for the purchase of goods from Cambridge.
Payment for all goods is due 30 days from statement date or as agreed. Statements are issued on a monthly basis.
Payment remittance must include details of all invoices paid and any applicable credit notes. Cambridge has the right to charge a monthly interest rate of 1% above the National Australia Bank Base Indicator Rate (Business) calculated on a daily basis on all amounts overdue from due date to date of payment.
Cambridge reserves the right to stop supply without notice if payment is not received on the due date or as agreed between the customer and Cambridge.
Unauthorised Deductions of Returns Claims
Cambridge does not accept deductions of returns claims where a credit note has not been issued.
Disputed invoices must be advised to Cambridge in writing within 7 days of receipt of goods.
The customer must pay in full any costs incurred by Cambridge for collection of outstanding amounts, including without limitation, the fees of any agents or solicitors appointed by Cambridge for this purpose.
Despite any other terms or conditions the customer must pay all outstanding amounts immediately if the customer breaches the trading terms as set out herewith or as notified by Cambridge, or any undertaking given to Cambridge, or any term of any credit arrangement.
Copy Invoices or Proof of Delivery
Requests for copy invoices or proof of delivery must be made within 14 days from date of statement. Cambridge reserves the right to charge for Proof of Delivery supplied to the customer.
Australian customer orders
- Cambridge may impose freight and handling charges to some orders.
- Freight on delivery of goods to trade customers (retail) is charged as follows:
- For orders whose value is $150.00 AUD net or more – no charge
- Unless otherwise specified in writing, Cambridge reserves the right to hold orders under the value of $150.00
AUD net for a period of 7 days. After this time, the order will be released and a small order surcharge of $15.00 AUD (GST inclusive) will be applied.
- If further orders are received by the customer within the 7 day hold period and the total value exceeds $150.00 AUD net, all orders will be released automatically. No charge will apply.
New Zealand or Export customer orders
- Cambridge may impose freight and handling charges to some orders.
- Unless otherwise specified in writing, Cambridge reserves the right to hold orders for a period of up to 5 days.
- After this time, the order will be released.
For all orders
- Cambridge may vary the figures specified above from time to time and will notify the Customer accordingly.
- Cambridge’s obligation to deliver shall be discharged on arrival of the invoiced goods at the customer’s designated delivery address or at the address appearing on the customer’s order.
- Where the customer has requested special delivery arrangements:-
(i) Risk in respect of the goods shall pass to the customer upon the goods leaving Cambridge’s premises.
(ii) Unless otherwise agreed in writing, Cambridge shall on behalf of the customer arrange for the carriage of the goods and their insurance against all usual risks, the cost of which will be charged to the customer’s account.
(iii) Cambridge will not under any circumstances accept liability for damage, shortage or loss during transit.
Damaged goods/misbound goods/incorrect supply
- Cambridge must be notified in writing WITHIN 7 DAYS OF RECEIPT of goods.
- For misbound goods with a GST inclusive price of less than $50.00 AUD or NZD, the customer must send the title page (quoting ISBN) to Cambridge together with a covering letter quoting the invoice number.
- For damaged goods, misbound goods with a GST inclusive price of more than $50.00 AUD or NZD, or for incorrectly supplied goods, Cambridge will authorise the return of these goods at Cambridge’s expense provided Cambridge’s authorised carrier is used.
- For damaged electronic product, regardless of price, the complete package must be returned. Cambridge will authorise the return of these goods at Cambridge’s expense provided Cambridge’s authorised carrier is used.
- Cambridge reserves the right to issue either a credit note or a replacement for such goods.
- For Australian customers, all claims for shortages must be received by Cambridge no later than 7 days after delivery of goods. The customer must specify the relevant invoice number and the details of the shortage in the claim.
- For NZ, all claims for shortages must be received by Cambridge no later than 14 days after delivery of goods. The customer must specify the relevant invoice number and the details of the shortage in the claim.
- Cambridge is not liable for claims received after 7 days from the delivery date for Australian customers and beyond 14 days for NZ customers.
- All returns must be authorised by Cambridge by way of a Returns Authorisation.
- All returns applications must quote the invoice number, ISBN and account number.
- All cartons of returns must bear a returns authorisation label supplied by Cambridge and the customer’s name and address must be clearly visible.
- No carton of returns may exceed 18 kilograms.
- Return freight is at the customer’s expense and proof of delivery is the customer’s responsibility.
- Cambridge does not undertake to accept goods for credit and then refund by cash settlement.
- Returns authorisation documents are valid for 2 months from the date of issue.
- Any unauthorised return of goods will not be accepted by Cambridge and will be returned to the customer at the customer’s expense.
- The following items are sold on a FIRM SALE/NO RETURN basis only.
- All electronic media products (including ebooks, CDs, software and cassettes).
- All Education & ESL titles, except ‘Inspection’ orders (see Inspection section).
- Academic print on demand titles. (Backorder cancellation of such titles is not allowed)
- Academic titles with an AUD RRP greater than $180.
- All other academic title returns will only be accepted between the period 4 months after the invoice date and before the anniversary (12 months) of the invoice date. Returns outside this period will not be accepted. The total maximum returns allowance for titles deemed returnable is 20% based on the moving annual total (MAT) of academic sales value. The MAT is calculated at the end of each calendar month based on the invoice date and sales value for each title.
- All returned goods must be in “merchantable” condition. Any goods received as part of an authorised return that are perceived by Cambridge to be in non merchantable condition or bearing any in-store pricing will not be credited or returned to the customer. Rejections will be acknowledged through postal documentation. (Cambridge will hold these items for 1 month only; thereafter these goods will be destroyed. Within this timeframe the customer can request return of these goods. A freight and handling charge will apply and is payable by the customer).
New Zealand and export customers
Refer to Points 8 and 9 for returns information.
7. Inspection orders
The inspection facility is only available to schools within Australia and New Zealand.
- Inspection copies must be ordered using an official school order number. Any requests for inspections taken at conferences must have full teacher/professor name (including middle name), department, and delivery address (not a Post Office Box address) and phone number.
- Cambridge pays freight on delivery of all inspection copies made to the customer.
- Customers may inspect the goods free for 30 days from the date of the invoice. At the end of the 30-day inspection period, customers may:
(a) BUY THE INSPECTION COPY – by keeping the inspection copy and sending a copy of the remittance advice (quoting reference number) and payment to Cambridge. Payment can be made either by cheque, MasterCard or Visa. If paying by credit card, card number, expiry date, cardholder’s name, signature and telephone number must be provided.
(b) ORDER FURTHER COPIES – by sending a new order together with a copy of the original invoice. If 20 or more copies are ordered or if the text is book listed, the customer may keep the inspection copy free of charge.
(c) RETURN THE INSPECTION COPY
Australian customers - by returning the original invoice and inspection copy to Cambridge’s Warehouse Returns Department within 120 days from the original invoice date. Return freight is at the customer’s expense. The returned copy must be in “merchantable” condition, or it will be returned to the customer at the customer’s expense.
New Zealand customers - by returning the original invoice and inspection copy to Cambridge’s freight forwarder in New Zealand within 120 days from the original invoice date (the return address details are listed on your original invoice and/or reminder notice). Return freight is at the customer’s expense. The returned copy must be in “merchantable” condition, or it will be returned to the customer at the customer’s expense.
- Monthly correspondence will be sent to the customer for any outstanding invoice.
- Where books are not returned within 120 days from original invoice date a new invoice will be raised on the customer’s account. Normal trading terms will then apply.
8. New Zealand orders
- All New Zealand orders are offered on a FIRM SALE/NO RETURN basis, except any special order supplied under a written arrangement between the customer and Cambridge.
- For supplies to New Zealand customers, the parties agree that section 8 (4) of the Goods and Services Tax Act 1985 does not apply to any supplies of goods or services made under this contract by Cambridge to the customer. As a consequence of this agreement, supplies of goods or services made by Cambridge to the customer are deemed to be supplies made in New Zealand and are therefore chargeable with Goods and Services Tax.
9. Export orders
- All export orders are offered on a FIRM SALE/NO RETURN basis, except any special order supplied under a written arrangement between the customer and Cambridge.
- Export prices exclude Australian GST.
- Cambridge is not liable for any taxes, extra charges etc. levied by the importing country.
10. Reservation of title
The customer expressly acknowledges that prior to any transaction for the purchase of goods from Cambridge the customer expressly represents and warrants the customer is not insolvent and has not committed any act of bankruptcy, or being a Company limited or unlimited, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, to petition for winding-up of the Company or exercise
any other rights over or against the Company’s assets.
Title to the goods delivered to the customer and subject to the contract remains the sole and absolute property of Cambridge as legal and equitable owner until such time as the customer has satisfied all indebtedness to Cambridge. Payments by cheque are only satisfied when duly honoured.
The customer also acknowledges that until the title to the goods passes to the customer the customer possesses the goods as bailee only and must keep the goods free of any encumbrance.
If goods are sold by the customer prior to payment to Cambridge then the proceeds of the sale shall become the property of Cambridge until such time as payment is made to Cambridge.
In the event that Cambridge does not receive payment for the goods when payment is due or in the event of bankruptcy of the customer, the appointment of a trustee in bankruptcy, administrator or receiver and manager on the customer or the customer initiating winding up proceedings or these proceedings initiated by another, Cambridge may enter the customer’s premises during business hours without notice and repossess the goods. In the event Cambridge repossesses the goods the customer agrees that Cambridge shall have the right to resell such goods.
These terms and conditions of sale are subject to the laws in force in the State of Victoria (Australia) and the Federal Court of Australia and Carnbridge and the Customer hereby unreservedly submits to the jurisdiction of the Courts.
12. Entire agreement
All representations or statements not embodied in the invoice, credit application or otherwise confirmed in writing by Cambridge are, to the extent permitted by law, expressly excluded from these terms and conditions of sale.
The customer acknowledges that these Terms and Conditions are the only Terms and Conditions applicable to a contract for sale of goods between the customer and Cambridge and no other Terms and Conditions or parts of other Term and Conditions form part of any contract between the parties for the sale of Goods (save for any non-excludable Terms and Conditions that may be implied by any relevant statute) unless otherwise agreed to by Cambridge in writing. These Terms and Conditions supersede all previous Terms and Conditions and may be varied by Cambridge in its discretion without notice. No employee, servant, representative or agent of Cambridge has any authority to vary these Terms and Conditions or any of them unless otherwise indicated in writing by one of the authorised managers of Cambridge University Press.