Terms & Conditions
- Effective: August 2026
- These Terms & Conditions of Trade apply to all business-to-business sales and supplies made by Shamber Pty Ltd ABN 87 169 618 660 trading as MobiGo Distributors (“MobiGo”).
- By opening or using a trade account, placing an order, accepting a quotation, purchasing or accepting goods or services from MobiGo, the Customer agrees to these Terms & Conditions.
1. Definitions
- In these Terms:
- “MobiGo”, “Supplier”, “we”, “us” or “our” means Shamber Pty Ltd ABN 87 169 618 660 trading as MobiGo Distributors.
- “Customer”, “you” or “your” means the business, company, partnership, trust, sole trader or other entity purchasing or ordering Goods or Services from MobiGo.
- “Goods” means any products supplied or agreed to be supplied by MobiGo.
- “Services” means any services supplied by MobiGo in connection with the Goods, including delivery, handling and other agreed services.
- “Order” means an order or request by the Customer to purchase Goods or Services.
- “Price” means the amount payable for Goods or Services, including any applicable GST, freight, delivery, handling or other agreed charges.
- “Credit Account” means an account approved by MobiGo that permits a Customer to purchase Goods or Services on deferred payment terms.
2. Acceptance
- An Order accepted by MobiGo creates a binding agreement between MobiGo and the Customer subject to these Terms.
- The Customer accepts these Terms by placing an Order, accepting Goods or Services, opening or using a trade account or otherwise purchasing from MobiGo.
- Approval of a trade account does not automatically provide credit facilities. Credit is available only where MobiGo has approved a Credit Account.
- Unless credit has been approved, MobiGo may require payment in full before Goods are dispatched.
3. Precedence
- These Terms apply to all transactions between MobiGo and the Customer unless MobiGo expressly agrees otherwise in writing.
- Any terms contained in a customer’s purchase order, procurement system or other document will not override these Terms merely because MobiGo accepts or fulfils an Order.
4. Business Customers
- MobiGo primarily operates as a wholesaler and distributor supplying businesses and commercial customers.
- Any credit facility provided by MobiGo is intended wholly or predominantly for business or commercial purposes.
- Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under Australian law.
5. Trade Accounts
- MobiGo may require a customer to have an approved trade account to access wholesale pricing, customer-specific pricing, certain products or other trade benefits.
- The Customer must provide accurate and current business, billing, delivery and contact information.
- MobiGo may reasonably review, restrict, suspend or close a trade account because of overdue payments, credit concerns, suspected misuse or fraud, prolonged inactivity or a material breach of these Terms.
6. Orders
- Orders may be submitted through the MobiGo website, through a sales representative, by email, telephone or through another method accepted by MobiGo.
- An Order submitted by a Customer constitutes an offer to purchase the relevant Goods or Services.
MobiGo may reject or cancel an Order before supply where reasonably necessary, including where:
Goods are unavailable or discontinued;
minimum order requirements have not been met;
the Customer's account is overdue or suspended;
the Customer has exceeded its approved credit limit;
payment cannot be authorised;
there is an obvious pricing, product or system error;
fraud or unauthorised account activity is reasonably suspected; or
circumstances outside MobiGo's reasonable control prevent supply.
7. Pricing
an invoice becomes overdue;
the Customer exceeds its approved credit limit;
the Customer's financial circumstances materially deteriorate;
MobiGo reasonably considers the credit risk has increased; or
the Customer materially breaches these Terms.
place the account on hold;
suspend further deliveries;
reduce or withdraw the Customer's credit facility;
require future Orders to be prepaid or paid COD;
decline to process additional credit Orders;
cancel unfulfilled Orders where permitted; and
refer overdue amounts for debt recovery.
selecting Goods appropriate for its intended commercial use;
following applicable manufacturer instructions and warnings;
appropriately storing and handling Goods;
ensuring Goods are lawfully offered for resale;
maintaining accurate account and delivery information; and
ensuring persons placing Orders through its account are authorised.
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The Price payable may be based on MobiGo's current wholesale price list, the price displayed in the Customer's online account, an accepted quotation, customer-specific pricing or the applicable invoice.
Unless expressly stated otherwise, prices are exclusive of GST.
GST and other applicable taxes or charges will be added where required.
MobiGo may change general wholesale prices from time to time.
Customer-specific pricing, promotional pricing, discounts and rebates may be subject to separate conditions.
If an obvious pricing, typographical or technical error occurs, MobiGo may correct the error before completing the transaction, subject to applicable law.
8. Quotations
Unless otherwise stated, quotations issued by MobiGo are valid for 30 days from the date of issue.
A quotation does not guarantee stock availability.
Where circumstances outside MobiGo's reasonable control materially increase the cost of fulfilling an Order, including significant increases in supplier pricing, freight, duties, taxes, insurance or logistics costs, MobiGo may revise the quotation before the Order is completed.
Where appropriate, MobiGo will notify the Customer before proceeding.
9. Payment
Customers without an approved Credit Account must pay before dispatch or as otherwise specified by MobiGo.
Customers with an approved Credit Account must pay invoices by the due date stated on the invoice or under their approved credit terms.
Unless MobiGo has approved different terms in writing, approved 30-day Credit Accounts are payable within 30 days from the invoice date.
Payments must be made in cleared funds using a payment method accepted by MobiGo.
The Customer must pay all undisputed amounts when due and must not withhold an undisputed payment because of an unrelated claim or dispute except where permitted by law.
10. Credit Facilities
All credit facilities are subject to MobiGo's approval.
MobiGo may establish a credit limit and undertake reasonable credit assessments before approving or continuing a Credit Account.
MobiGo may reasonably reduce, suspend or withdraw a credit facility where:
Suspension or withdrawal of credit does not affect amounts already owing to MobiGo.
11. Overdue Accounts
Payment must be received by the applicable due date.
If an account becomes overdue, MobiGo may:
MobiGo may charge interest on overdue amounts where an interest rate has been agreed with or properly notified to the Customer and is permitted by law.
The Customer may also be responsible for reasonable debt recovery, collection and legal costs incurred by MobiGo in recovering overdue amounts, to the extent permitted by law.
12. Payment Surcharges
Where MobiGo accepts a payment method for which a surcharge applies, MobiGo may charge a surcharge that does not exceed the amount permitted under applicable Australian law.
Any applicable surcharge will be disclosed where required.
13. Delivery
MobiGo will make reasonable efforts to dispatch and deliver Goods within estimated delivery periods.
Unless expressly guaranteed by MobiGo in writing, delivery dates and times are estimates only.
MobiGo is not responsible for delivery delays caused by circumstances outside its reasonable control, except where liability cannot legally be excluded.
The Customer is responsible for ensuring that the nominated delivery address and delivery instructions are accurate and that the location is reasonably accessible.
14. Authority to Leave
Where the Customer authorises Goods to be left unattended, the Customer accepts the risk of theft, loss or damage occurring after the Goods have been properly delivered in accordance with that authority.
This clause does not exclude liability that cannot lawfully be excluded.
15. Freight and Delivery Charges
Unless otherwise agreed, freight, delivery, handling and applicable transport charges are payable by the Customer.
Free-freight offers may be subject to minimum Order values, delivery locations, product exclusions and other conditions specified by MobiGo.
Reasonable additional charges may apply for redelivery, incorrect delivery information, unsuccessful delivery attempts, special freight requirements, remote locations or storage resulting from the Customer being unable to accept delivery.
16. Customer-Arranged Freight and Collection
Where the Customer collects Goods or arranges its own carrier, risk in the Goods passes to the Customer when the Goods are collected from MobiGo.
Claims relating to loss or damage occurring after collection should be made with the Customer's nominated carrier, subject to applicable law.
17. Inspection of Goods
Customers should inspect Goods promptly following delivery.
Any shortage, incorrect product, visible transport damage or other apparent issue should be reported to MobiGo as soon as reasonably practicable and preferably within 48 hours of delivery.
When making a claim, the Customer should provide the relevant invoice or Order number, product details, affected quantities, photographs where relevant and a description of the issue.
Failure to report an issue promptly may affect MobiGo's ability to investigate the claim but does not remove rights that cannot lawfully be excluded.
18. Returns & Refunds
Goods must not be returned without prior approval from MobiGo.
Unless required by law, MobiGo is not required to accept returns because the Customer changes its mind, over-orders Goods or no longer requires the Goods.
Where MobiGo approves a commercial return, the Goods may be required to be unopened, unused, undamaged, in saleable condition, in their original packaging and accompanied by proof of purchase.
Approved commercial returns may be subject to reasonable freight, handling or restocking charges where disclosed and legally permitted.
Faulty, damaged or incorrectly supplied Goods will be dealt with in accordance with applicable law and MobiGo's Returns & Refunds Policy.
19. Special Orders
Goods specifically sourced, imported, manufactured or ordered for a Customer may be classified as Special Orders.
Once MobiGo has committed to purchasing, importing or sourcing a Special Order, the Customer may not cancel the Order without MobiGo's written approval.
Where MobiGo approves cancellation, the Customer may be responsible for reasonable costs already incurred by MobiGo, subject to applicable law.
20. Risk
Unless otherwise agreed, risk of loss or damage passes to the Customer when Goods are delivered to the Customer's nominated delivery location.
Where the Customer collects Goods or arranges its own carrier, risk passes upon collection.
Passing of risk does not necessarily mean ownership of unpaid Goods has passed to the Customer.
21. Retention of Title
Despite risk passing to the Customer, ownership of Goods supplied on credit remains with MobiGo until MobiGo receives cleared payment for those Goods and, to the extent legally enforceable, other amounts owing by the Customer.
Until ownership passes, the Customer must take reasonable care of unpaid Goods and must not intentionally deal with those Goods in a manner that defeats MobiGo's lawful security interest.
22. Personal Property Securities Act
Where applicable, these Terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).
The Customer acknowledges that MobiGo may have a security interest in Goods supplied on credit and their proceeds.
The Customer agrees to provide reasonable assistance requested by MobiGo for the purpose of registering, maintaining, perfecting or enforcing a security interest under the PPSA.
Where permitted by law, MobiGo may register its security interest on the Personal Property Securities Register (PPSR).
Nothing in this clause limits another right MobiGo may have under the PPSA or applicable law.
23. Resale of Goods
Unless otherwise agreed, Goods purchased through a wholesale account may be resold through the Customer's legitimate retail or commercial business.
The Customer is responsible for complying with applicable laws concerning the advertising, resale, storage and handling of Goods.
The Customer must not unlawfully alter, remove or misuse manufacturer trademarks, safety information, instructions, batch information, compliance markings or other regulatory information.
24. Product Information
MobiGo distributes Goods manufactured or supplied by various third parties.
Manufacturers and suppliers may change packaging, colours, specifications, dimensions or product presentation without prior notice.
MobiGo will make reasonable efforts to ensure product photographs, descriptions and specifications are accurate, but minor differences may occur.
25. Warranties and Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law where that guarantee, right or remedy cannot lawfully be excluded.
Where permitted by law, MobiGo's liability may be limited to a remedy permitted by applicable law, including repair, replacement, resupply or the reasonable cost of providing the relevant remedy.
26. Limitation of Liability
To the maximum extent permitted by law, MobiGo will not be liable for indirect or consequential loss arising from the supply, delay in supply or inability to supply Goods or Services, including loss of anticipated profit, business opportunity or business interruption where such liability may lawfully be excluded.
Nothing in these Terms excludes, restricts or limits liability that cannot legally be excluded, restricted or limited.
27. Customer Responsibilities
The Customer is responsible for:
The Customer should promptly notify MobiGo if it suspects unauthorised use of its account.
28. Cancellation by the Customer
Once an Order has been accepted and processing has commenced, the Customer may not cancel it without MobiGo's approval.
Where MobiGo approves cancellation, reasonable costs already incurred in processing, sourcing, handling or preparing the Order may be payable by the Customer where permitted by law.
Special Orders are subject to clause 19.
29. Cancellation or Suspension by MobiGo
MobiGo may cancel or suspend an Order before supply where reasonably necessary, including because Goods become unavailable, the Customer has overdue invoices, the Customer exceeds its credit limit, payment cannot be authorised, there is a material pricing or product error, fraud is reasonably suspected or circumstances outside MobiGo's reasonable control prevent supply.
Where MobiGo cancels an Order for Goods that have already been prepaid and cannot be supplied, MobiGo will provide an appropriate refund or credit, subject to applicable law.
30. Privacy and Credit Information
MobiGo may collect and use personal and business information for purposes including establishing and administering trade accounts, processing Orders and payments, arranging deliveries, providing customer service, assessing credit applications, managing overdue accounts, preventing fraud and meeting legal or regulatory requirements.
Personal information will be handled in accordance with MobiGo's Privacy Policy and applicable Australian privacy laws.
Where MobiGo undertakes credit reporting activities or obtains credit-related information, any notices, consents or policies required by law will be provided separately where necessary.
31. Personal Guarantee
Where a director, proprietor or other person has executed a separate Personal Guarantee & Indemnity in favour of MobiGo, that guarantee operates in accordance with its terms.
Closing, suspending or withdrawing the Customer's Credit Account does not, by itself, release a guarantor from liabilities that arose while the guarantee was effective.
32. Force Majeure
MobiGo will not be responsible for failure or delay in performing an obligation where the failure or delay results from circumstances beyond its reasonable control.
These circumstances may include natural disasters, severe weather, fire, flood, war, government restrictions, industrial disputes, transport disruption, telecommunications failures, supplier shortages, import delays or major logistics interruptions.
MobiGo will use reasonable efforts to resume normal supply as soon as reasonably practicable.
33. Confidential Pricing
Customer-specific wholesale pricing, negotiated discounts, rebates, promotional arrangements, credit limits and individually negotiated commercial terms are confidential between MobiGo and the Customer.
The Customer must not intentionally disclose confidential customer-specific commercial information to third parties except to employees, contractors or professional advisers who reasonably require the information, or where disclosure is required by law.
34. Changes to These Terms
MobiGo may update these Terms from time to time.
Where a change materially affects an existing Credit Account, MobiGo will provide reasonable notice where required or appropriate.
Updated Terms will apply to future transactions from their stated effective date, subject to applicable law and any separately agreed contractual arrangements.
35. No Waiver
If MobiGo does not immediately exercise or enforce a right under these Terms, this does not mean that MobiGo has waived that right.
A waiver on one occasion does not automatically constitute a waiver on another occasion.
36. Severability
If any provision of these Terms is invalid, unlawful or unenforceable, the provision will be read down to the extent necessary or, where it cannot reasonably be read down, severed.
The remaining provisions will continue to operate.
37. Entire Agreement
These Terms, together with any accepted quotation, Credit Account Application & Personal Guarantee, approved credit terms and other written terms expressly agreed between MobiGo and the Customer, form the agreement governing the relevant supply.
Any Customer-requested variation must be accepted by MobiGo in writing.
38. Governing Law
These Terms and transactions between MobiGo and the Customer are governed by the laws of Queensland, Australia.
The parties submit to the jurisdiction of the courts and tribunals of Queensland and applicable Commonwealth courts.
39. Contact
Questions regarding these Terms & Conditions should be directed to:
Shamber Pty Ltd
ABN 87 169 618 660
Trading as MobiGo Distributors
Caboolture, Queensland, Australia