Terms of Service
The terms and conditions that govern the supply of wholesale trading and distribution services by Hank Traders Pty Ltd (ABN 76 703 379 882).
1. Agreement to these terms
These Terms of Service (“Terms”) apply to all wholesale trading and distribution services provided by Hank Traders Pty Ltd (ABN 76 703 379 882) (“we”, “us”, “our”) to you (“you”, “your”), including quotations, purchase orders, supply of goods, warehousing, freight coordination and related logistics services. By requesting a quotation, placing an order, or otherwise engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.
2. Who we are
Hank Traders Pty Ltd is an Australian proprietary limited company registered in Victoria, trading as a wholesale trading and distribution business based in Melbourne VIC. Our Australian Business Number is ABN 76 703 379 882 and our website is located at hanktraders.online.
3. Quotations and orders
- Quotations issued by us are valid for the period stated on the quotation, or 14 days where no period is stated, and may be withdrawn at any time before acceptance.
- A binding contract arises only when we confirm your order in writing, or when we commence fulfilment of your order, whichever occurs first.
- All prices are quoted in Australian dollars (AUD) and, unless expressly stated otherwise, exclude GST, freight, insurance, customs duties and any other charges incurred in delivering goods to you.
- We reserve the right to correct pricing or specification errors, and to adjust prices to reflect changes in supplier costs, currency movements or freight rates, before confirming an order.
4. Payment terms
- Unless otherwise agreed in writing, payment is required within 14 days of the date of our tax invoice.
- We may require a deposit or advance payment before commencing fulfilment, particularly for new customers, custom orders or large-volume shipments.
- Overdue amounts may attract interest and reasonable recovery costs. We may suspend supply of goods or services where invoices remain unpaid past their due date.
- You must pay all amounts without set-off or deduction unless you have a valid legal entitlement to do so.
5. Supply, delivery and risk
- Delivery times provided by us are estimates only and are not guaranteed. We are not liable for delays caused by suppliers, carriers, customs, weather, industrial action or other events beyond our reasonable control.
- Risk in goods passes to you on delivery to the address you nominate, or on collection by you or your nominated carrier from our premises or a supplier’s premises.
- You must inspect goods on delivery and notify us of any shortage, damage or defect within a reasonable period, and in any event within 7 days of delivery, so that we can assess and address the issue.
- Where you arrange your own freight, we are not responsible for loss or damage occurring after goods are handed to your nominated carrier.
6. Title and security
Legal and equitable title in goods supplied by us remains with us until we have received payment in full for those goods and all other amounts owing by you to us. Until title passes, you must store the goods separately, keep them insured, and not dispose of them except in the ordinary course of your business. We may register a security interest in goods we supply on the Personal Property Securities Register, and you agree to do anything reasonably required to assist us in doing so.
7. Returns and refunds
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Where goods fail to meet a consumer guarantee and you are entitled to a remedy, we will provide a replacement, repair or refund as required by law.
- Except where the Australian Consumer Law applies or where we agree in writing, goods supplied at wholesale for business purposes may only be returned with our prior written approval, and may be subject to a restocking fee.
- Custom-sourced, specially manufactured or clearance goods may not be returnable unless they are faulty or otherwise fail to meet a consumer guarantee.
8. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified. Where the Australian Consumer Law applies and we are in breach of a consumer guarantee, our liability is limited, to the extent permitted by law, to the remedies set out in sections 64 and 64A of the Australian Consumer Law.
9. Limitation of liability
To the fullest extent permitted by law, and except as set out in section 8, we are not liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of business, loss of data or loss of goodwill, arising from or in connection with our services. Our total aggregate liability arising out of or in connection with any order or these Terms is limited to the amount you actually paid us for the goods or services giving rise to the claim. This section does not limit liability for anything that cannot be limited by law.
10. Your obligations
- You warrant that any information you provide to us, including delivery instructions, business details and ABN information, is accurate and complete.
- You warrant that goods purchased from us will be acquired for business, trade or resale purposes and not for personal, household or domestic use, unless we agree otherwise in writing.
- You are responsible for ensuring you hold any licences, permits or approvals required to purchase, store, transport or on-sell the goods you order, including compliance with applicable import, quarantine and product-safety laws.
11. Intellectual property
All content on our website, including text, layout, logos and imagery, is owned by or licensed to Hank Traders Pty Ltd and is protected by Australian and international intellectual property laws. You may not reproduce, distribute or use any part of our website content for commercial purposes without our prior written consent. Product names and brand marks of third parties remain the property of their respective owners.
12. Privacy
We collect, use and store personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy forms part of these Terms and explains how you may access and correct the personal information we hold about you.
13. Force majeure
We are not liable for failure or delay in performing our obligations where that failure or delay is caused by events beyond our reasonable control, including natural disasters, pandemics, government restrictions, cyber incidents, supplier failure, transport disruption or industrial action. Where such an event continues for more than 30 days, either party may terminate the affected order by written notice without liability other than for amounts already owing.
14. Termination
We may suspend or terminate supply of services, and cancel unfulfilled orders, with immediate effect by written notice if you breach these Terms, fail to pay amounts when due, or become insolvent, subject to any rights you may have under the Australian Consumer Law or other applicable law. Upon termination, all outstanding amounts become immediately due and payable.
15. Governing law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
16. Changes to these Terms
We may update these Terms from time to time by publishing a revised version on this page. The version published on this page at the time you place an order or engage our services will apply to that engagement. Material changes will be flagged with an updated “last updated” date.
17. Contact us about these Terms
If you have any questions about these Terms of Service, or if you wish to exercise any rights under these Terms or the Australian Consumer Law, please contact us by email at ceo@hanktraders.online. We aim to respond to all enquiries within two business days.
Ready to place a wholesale order?
Review our services, then request a tailored quote for your business.
Request a Quote