1.1 This Agreement sets forth the terms and conditions upon which applications are made through www.cubemarket.com.au “the Site” and becomes legally binding upon a Supplier paying the Stocking Fees via the Site.
1.2 Stocking Fees are set by the Owner of the Retail Store “the Store Owner” and are displayed on the Site.
2. Stocking Service
2.1 The Stocking of goods will commence from the Start Date and continue for the agreed number of months.
2.2 The Stocking period cannot be extended. Suppliers must make a new application through the site.
2.3 The Store Owner agrees that the Listing advertised matches any description made on the Site or in other communications with the Supplier.
2.4 The Goods will be transferred by arrangement between the Store Owner and the Supplier.
2.5 The Supplier must provide two (2) copies of a Stocking Form (available from the site).
2.6 Both parties must sign against each product to be stocked on both copies of the Stocking Form and retain a copy each. Stocking of the goods must not take place unless both Stocking Forms are signed.
2.7 The Stocking Form will contain the contractual Start Date and the duration of the Stocking period in months.
3.1 The Supplier agrees to pay the Stocking fee per month as displayed on the Site. Stocking fees are required in full upfront in advance.
4.1 The Store Owner has the right to cancel the arrangement is no payment is received within 2 days of the application approval.
4.2 The Store Owner has the right to cancel the arrangement if the goods being stocked do not match those described in the application and on the stocking form.
4.3 The Supplier has the right to cancel the arrangement should the physical store not be correctly described in the Store Owners Listing. The supplier must submit the cancellation request in written form to CUBEMARKET with evidence of the discrepancy. On approval of the cancellation, a full refund will be provided to the supplier.
4.4 A Supplier may cancel the arrangement within two days of making payment in which case a full refund of the fees will be made, less an amount equal to 5% of the total Stocking fees for administrative costs incurred.
4.5 In the event that the Store Owner wishes to cancel the agreement, the Store Owner must cancel the agreement within 2 days of the Supplier making payment in which case a full refund will be provided to the Supplier.
5. Maintenance of Goods
5.1 The Goods at all times remains the property of the Supplier.
5.2 The Store Owner must not transfer, hire, loan or give the Goods to any other person or part with or share possession of the Goods or do anything which may affect the interest of the Supplier in the Goods.
5.3 The Store Owner is responsible for the Goods from the time that the Supplier transfers possession to the Store Owner until the Goods are returned to the Supplier or sold.
5.4 The Store Owner agrees to store and transport the Goods strictly in accordance with any instruction provided by the Supplier and with due care and diligence.
6. Loss and Damage
6.1 The Store Owner will be responsible for any loss or damage to the Goods irrespective of how the loss or damage occurs (subject only to fair wear and tear) during the Stocking Period and will be liable to pay for replacing the Goods.
6.2 Unsold Goods must be returned in the same condition in which they were supplied.
6.3 The Store Owner will be liable to pay the cost of replacing the goods of any goods not sold and not returned to the Supplier.
6.4 In the event of any breakdown or failure of the Goods however so caused, the Store Owner shall notify the Supplier immediately so that the appropriate action may be taken.
7. Warranty and Indemnity
7.1 To the full extent permitted by law CUBEMARKET is not liable to the Store Owner or the Supplier or to any other person for any cost, loss, expense, demand, claim or liability arising directly or indirectly from the Stocking of goods via the Site.
7.2 Unless provided in this Agreement, CUBEMARKET is not liable to the Store Owner or the Supplier or to any other person for any cost, loss, expense demand, claim or liability arising directly or indirectly from the use or misuse of the Goods, the incorporation or use of any third party’s equipment or services, any breach of this Agreement by the Store Owner or the Supplier, or the negligent act or omission of any person in connection with this Agreement.
7.3 The Store Owner and Supplier agree to assume all risks and liabilities for, and in respect to the Stocking of Goods and for all injuries to or deaths of persons and any damage to property however arising from the possession, use, maintenance, repair, storage or transport of the Goods.
7.4 To the full extent permitted by law, the Store Owner and Supplier hereby release, discharge and forever agree to indemnify CUBEMARKET from all claims and demands of any nature made against CUBEMARKET arising out of or consequent on the use or misuse of the Goods during the Stocking Period.
7.5 Without limiting [7.4] the Supplier agrees that no warranties are given by CUBEMARKET in respect of the Goods.
8.1 This agreement is terminated automatically once the Goods are returned to the Supplier and/or the Stocking period comes to an end.
8.2 Where one party commits a breach of this agreement, the other party can terminate this agreement by notification to the other party and CUBEMARKET at which time the Goods must be returned to the Supplier as soon as possible after notification of termination is made.
8.3 If the Store Owner breaches the term contained at [2.3] of this agreement and the listing does not match the description described, the Supplier has the right to terminate this agreement and receive the Stocking fees refunded in full after the Goods have been returned to the Supplier.
8.4 This agreement will be terminated automatically if the Store Owner or the Supplier has action taken against it for a claim of insolvency or bankruptcy, and if a company, has an Administrator, Receiver or Liquidator appointed and if a person, has a Trustee in Bankruptcy appointed. Upon Termination, the Supplier is entitled to instant possession of the Goods.
9. Force Majeure
9.1 Neither party will be considered in breach of this agreement for a failure to perform or delay in performing their obligations under this Agreement due to an event occurring beyond their control including (without limitation) labour shortages, labour disputes, transport delays, data communication delays, inability to obtain products or supplies, fires, civil disobedience, mechanical breakdown, weather, acts of God, acts of Terrorism, government action or regulation, computer software error or any similar event.
This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.