Amway General Terms and Conditions of Trade
- I/We will fully and promptly at all times observe and comply with the Rules of Conduct for IBOs, which are available at Rules of Conduct / Rules effective 1 January 2017
- Amway has a right to vary these General Terms and Conditions of Trade from time to time as it sees fit. Your continuing to trade with Amway after your renewal date will signify your agreement to be bound by the revised General Terms and Conditions of Trade. The most recent version can be viewed at the Amway website or obtained by contacting Amway on 1800 45 46 47.
- All payments under deferred payment arrangements (including direct debit and instalment plans) must be paid on or before the due date – any default on a payment will represent a breach of the Rules of Conduct and the deferred payment agreement. In case of default all deferred payment will become immediately due and payable and a debtor’s capacity to trade with Amway may be suspended.
- Credit Reference Enquiry: You agree that Amway may obtain a credit report about you from a credit reporting agency to assess your application for commercial credit under this instalment plan. Amway reserves the right to reduce or deny an IBO’s application for credit.
- Any representation or nondisclosure in an application for terms payment arrangements will render the application void and the full amount payable.
- Any cancellation or return of product other than for exchange or quality purposes will be subject to deduction of 5% freight and 5% handling charges, recovery of bonuses or other commission payments and rework of PV/BV through the line of sponsorship.
- Delivery will be charged for the first instalment, unless order is a pick-up.
- Return of IBO Introductory Product Pack: If the Introductory Product Pack is returned within 90 days of registering as an Amway IBO, and you wish to remain an IBO, you will incur a registration fee.
- Credit Card Expiry: If you have undertaken to pay terms instalments by credit card, Amway will endeavour to contact you prior to expiry of the card. However, it is your responsibility to ensure that your credit card remains current and available during the period of instalment deductions.
- Debt Recovery Cost: In any case of default, Amway reserves the right to record any reasonable costs incurred in recovering the debt from you.
- Notification of Default: Given that any non-payment or return of product will have an effect within the line of sponsorship, Amway reserves the right to notify your upline that a default has occurred, the value of the default, and that PV/BV will be deducted from the line of sponsorship as a consequences of the default.
- Future purchases: An indebted IBO who is in default may not be permitted to place orders unless the full amount outstanding is paid; any payments to Amway by an indebted IBO may be applied at Amway’s direction against any outstanding debt owed by the IBO.
- Bonus payments: Amway reserves the right to apply any bonus/rebate payments or returned merchandise credits directly against any outstanding indebtedness.
- Future Recovery Action: Should indebtedness not be cleared, Amway may refer the matter to a Collection Agency for recovery action. The indebted IBO will be liable for any costs associated with recovery.
- If a default does occur and you fail to pay any outstanding debt to Amway, you agree that Amway may report any outstanding debt owed to Amway to a credit reporting company and this listing will remain.
- Consequences of Default: At its direction, Amway reserves the right to withhold qualification for incentives payment, events and seminars and IBO qualification may be revoked.
- This Clause applies to Recipient Created Tax Invoices, where:
- “Supplier” is the IBO
- “Supplies” is the provision of services for which bonuses are paid
- “Recipient” is Amway of Australia
- “RCTI” is Recipient Created Tax Invoice
- “Tax Invoice” includes an adjustment notice.
17.2 The Recipient and Supplier agree that:
17.2(a) The Recipient can issue RCTI in respect of the Supplies;
17.2(b) The Supplier will not issue tax invoices in respect of the Supplies;
17.2(c) The Supplier acknowledges that it is registered when it enters into the agreement and that it will notify the Recipient if it ceases to be registered;
17.2(d) The Recipient acknowledges that it is registered when it enters into the agreement and that it will notify the Supplier if it ceases to be registered or if it ceases to satisfy any of the requirements of any Australian Taxation Office (ATO) ruling required for the issuance of an RCTI.
17.2(e) The Supplier indemnifies the Recipient for any liability to tax, over claimed credits and penalties as a result of an error by the Recipient on any supply for which it issues a RCTI that might arise due to the failure of the Supplier to notify cessation of registration, or other ATO requirements;
17.2(f) The above terms are modified in accordance with current GST law and ATO Rulings as required for the issuance of a RCTI from time to time; and
17.2(g) The Supplier will inform the recipient if he considers that relief from GST should be afforded under the transitional provisions of the GST law. The Recipient will then examine the legal position to determine availability of relief.
- PAYG Withholding Tax: I/We acknowledge that until I am/we are advised by Amway that I/we have achieve the ‘in business’ criteria for the ATO purposes, I/we will not be conducting an enterprise for taxation purposes and consequently will not be required to quote an Australian Business Number (ABN) to Amway; OR I/We am/are carrying on a business under general law and will immediately provide the ABN for my/our enterprise to avoid the requirement for Amway to deduct PAYG withholding from bonuses payable to my/our enterprise.
- Australia and New Zealand form one Amway market. Your Australian business activity will be governed by the Laws of Australia, the Australian IBO Rules of Conduct and these Amway General Terms and Conditions of Trade. Your New Zealand business activity will be governed by the laws of New Zealand, the New Zealand IBO Rules of Conduct and the General Terms and Conditions of Trade for Amway New Zealand.
20.1 In the event of any inconsistency between these General Terms and Conditions of Trade and the Rules of Conduct for Amway IBOs, the Rule of Conduct will prevail.
20.2 In the event of any inconsistency between these General Terms and Conditions of Trade and the Terms of Conditions on any written agreement between Amway and an IBO, such as an Order Form placed by an IBO with Amway and accepted by Amway, the Terms and Conditions on the specific written agreement and the Rules of Conduct will prevail.
Amway of Australia, ABN 49 004 807 756
7-9 Irvine Place, Bella Vista NSW 2153 Australia
PO Box 8047 Baulkham Hills NSW 2153