Wholesale Terms & Conditions

1. General

These trading terms (“Terms”) form a binding contract between CDS Brands PTY LTD (“Seal It”) and you (“Customer”) for all wholesale and distributor sales.

These Terms, together with the orders to which they apply, constitute the entire agreement between Seal It and the Customer. They supersede all prior agreements, understandings and communications (oral or written) relating to the supply of Seal It products. These Terms apply to every sale, whether or not expressly referenced in an order, invoice, or other document.


2. Orders and Pricing

2.1 Application

New Customers must complete Seal It’s Wholesale Application Form before placing any orders.

2.2 Order Value and Freight

  • Orders over A$1000 (excl. GST) qualify for free delivery.

  • Orders under A$1000 (excl. GST) will incur a delivery fee, calculated and added to the final invoice before payment and dispatch (“Final Invoice”).

All orders must be paid in full, per the Final Invoice, prior to dispatch.
Orders can only be cancelled with Seal It’s prior written consent.

2.3 Right to Vary and Accept Orders

Seal It may:

  • Update wholesale or distributor pricing at any time on reasonable written notice (unless already invoiced).

  • Accept or reject any order at its discretion.

A binding contract arises once Seal It accepts an order in writing, issues an invoice, or dispatches the goods.

2.4 Retail Pricing

Seal It may publish recommended retail pricing for guidance only. Customers may set their own resale prices but must not sell below cost or misrepresent Seal It products.

Seal It is not required to honour discounts offered to ordinary consumers.


3. Payment and Delivery

3.1 Payment Terms

Payment must be made as stated on the Final Invoice and free of any set-off or deduction.
Payments by credit card may attract a reasonable surcharge, which Seal It may vary with notice to manage costs or risks.

Late payments attract interest at 8% per annum, compounded daily from the due date until payment in full.

Seal It may withhold processing or delivery while any amount remains unpaid. The Customer releases Seal It from any liability arising from such delay.

3.2 Delivery

Delivery times are estimates only; time is not of the essence.
Seal It will not be liable for delay, loss or damage arising from late delivery.

Any shortages, damages, defects or discrepancies must be reported within seven (7) days of receipt; otherwise, the goods are deemed accepted.

4. Risk and Title

Risk passes to the Customer upon dispatch to the Customer’s nominated delivery address.

All title in goods remains with Seal It until full payment is received in cleared funds.
Until then, Seal It retains ownership and may recover goods in the event of non-payment.


5. Returns

Goods cannot be returned (including for change of mind or unsold stock) unless Seal It agrees in writing.

Approved returns may incur a restocking or handling fee.

Products that are damaged, defective or incorrect may be returned for assessment.
Refunds or credits will be processed via the original payment method after evaluation.
Processing times may vary by payment provider.


6. No Reliance

Product descriptions, specifications or marketing materials are provided for identification only and do not constitute a warranty or representation of suitability or fitness for purpose.


7. Limitation of Liability

To the maximum extent permitted by law, all implied terms, conditions or warranties (whether statutory, contractual, equitable or otherwise) are excluded.

Where liability cannot be excluded, Seal It’s liability is limited (at Seal It’s option) to:

  1. Replacement of the goods or supply of equivalent goods;

  2. Repair of the goods;

  3. Payment of the cost of replacing or acquiring equivalent goods; or

  4. Payment of the cost of having the goods repaired.

Neither party is liable for any indirect or consequential loss, including loss of profits, business interruption, or goodwill.


8. Intellectual Property

All intellectual property rights in Seal It products, including trademarks, designs, imagery and branding (“Seal It IP”), remain the exclusive property of Seal It.

The Customer receives a limited, non-exclusive, royalty-free licence to use Seal It IP solely for marketing Seal It products, provided that the Customer:

  • Follows Seal It’s branding, advertising and representation guidelines; and

  • Immediately ceases use upon Seal It’s written request.

Seal It IP includes all product imagery and content from the Seal It website.


9. Distribution and Sales Channels

Without Seal It’s prior written approval, the Customer must not sell Seal It products on online marketplaces such as eBay, Amazon, Alibaba, Catch, or Kogan.

 


10. Misconduct

Seal It reserves the right to refuse or cancel any order where the Customer:

  • Breaches these Terms; or

  • Engages in misleading, deceptive, or brand-damaging conduct.

 

11. Miscellaneous

Seal It may vary these Terms with reasonable notice where necessary to protect its legitimate interests or where the variation is not detrimental to the Customer. Updated Terms will be made available on Seal It’s website and apply from the stated effective date.

Seal It may offset any amount owed by the Customer against any amount owed to the Customer.

The Customer may not assign its rights under these Terms without Seal It’s written consent.
Seal It may assign or novate its rights to any related entity or bona fide purchaser of its business with reasonable notice, provided it is not detrimental to the Customer.

These Terms are governed by the laws of Queensland, Australia, and each party submits to the exclusive jurisdiction of the courts of Queensland.