Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.
All goods and services (“Products”) supplied by Franklin Direct are supplied on these terms and conditions.
No order shall be binding on Franklin Direct until accepted by Franklin Direct. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Franklin Direct of an order from the Customer. Franklin Direct reserves the right to accept any order in whole or in part. Where Franklin Direct makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Franklin Direct.
All credit orders are accepted by Franklin Direct subject to satisfactory credit approval of the Customer, and are governed by Franklin Direct's credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. Franklin Direct will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer. Franklin Direct reserves the right to charge Card Surcharges in the event payments are made using a credit, debit or charge card including Visa, MasterCard, American Express or Diners Club.
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Franklin Direct. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Franklin Direct, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Franklin Direct, to hold the proceeds of sale on trust for Franklin Direct, in an account in the name of Franklin Direct, until payment in full for the Products is made to Franklin Direct.
Franklin Direct reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Franklin Direct.
Franklin Direct will use its best endeavours to deliver in-stock Products within the following timeframes, provided the relevant order is received by 2:00pm or your state’s standard cut off time.
For Office Products, Janitorial Products, Safety Supplies, Canteen Products, IT Products, Liquor Products*:
ADD Destination and Timeline for destination.
Franklin Direct will accept returns in accordance with the terms and conditions of its then current returns policy.
Where Franklin Direct has agreed to procure, warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Franklin Direct may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Franklin Direct against all claims, demands, loss, costs and expenses incurred by or made against Franklin Direct, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Franklin Direct may use, print or reproduce at the Customer’s request.
To the fullest extent permitted by law, Franklin Direct excludes all warranties and representations in respect of the supply to the Customer of the Products. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (“the CCA”) apply to any Products supplied by Franklin Direct to the Customer, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Franklin Direct under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of Franklin Direct, to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) If the breach or liability relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, Franklin Direct shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Franklin Direct or the failure of Franklin Direct to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Franklin Direct will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Franklin Direct reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when an order is placed via NetXpress.
Franklin Direct reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
These terms and conditions are governed by and will be construed in accordance with the laws of Tasmania and the parties agree to submit to the jurisdiction of the courts of that state.
The failure by Franklin Direct to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power.
13.1 The Customer acknowledges and agrees that by assenting to these terms the Customer grants a security interest under the Personal Properties Securities Act 2009 (‘PPSA’) in favour of Franklin Direct in all Products supplied by it to the Customer to secure the payment from time to time and at a time, including future advances. The Customer agrees to grant a ‘Purchase Money Security Interest’ (as defined by the PPSA) to Franklin Direct.
13.2 The Customer undertakes to:
13.2.1 sign any documents and/or provide any information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which Franklin Direct may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (‘PPSR’);
13.2.2 not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Products without the prior written consent of Franklin Direct;
13.2.3 give Franklin Direct not less than 14 days written notice of any proposed change in the Customer’s name and/or any other changes in the Customer’s contact details; and
13.2.4 pay all costs incurred by Franklin Direct in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by these terms including executing subordination agreements and obtaining an order pursuant to section 182 of the PPSA.
13.3 To the extent permitted by the PPSA the Customer waives its rights to receive a notice under any of subsections 95(1), 121(4), 129(2) and 130(1) and sections 135 and 157 of the PPSA or a statement referred to in subsection 132(3)(d) and 132(4).
13.4 Pursuant to section 157 of the PPSA, unless otherwise agreed to in writing by Franklin Direct, the Customer waives the right to receive the verification statement relating to the security interest.