McGraw-Hill Education – Terms & Conditions of Business

By Purchasing books and/or any other educational materials or services (“Goods”) the customer (“Customer”) agrees to deal on McGraw-Hill Australia Pty Ltd or McGraw-Hill Book Co. New Zealand Ltd (“McGraw-Hill”) terms and conditions of business described below to the exclusion of all others.

1. McGraw-Hill reserves the right to withhold further supplies in the event of any material breach by Customer of these terms and conditions or for any other reason which at McGraw-Hill’s discretion warrants such action.

2. McGraw-Hill shall not be held liable in any way for loss of trade or profit occurring to the Customer in the event of delivery of the goods being frustrated or delayed by reason of fire, flood, accidents, riots, lockouts, trade disputes, acts or restraints of governments, the imposing of restrictions on exploration or from other causes not within reasonable control of McGraw-Hill.

3. All advertised prices are subject to change without prior notice and are invoiced at the price prevailing at time of dispatch.

4. Customer agrees that it will not (directly or indirectly):-
   4.1 Market, promote or advertise goods sold to it by McGraw-Hill (“Goods”) for sale in or into the United States of America or Canada (together “North America”);or
   4.2 Deliver or arrange for delivery of Goods to any address inside North America; or
   4.3 Sell Goods to any party resident in North America; or
   4.4 Authorise or encourage a third party to undertake any of the acts described in 4.1, 4.2 or 4.3 above; or
   4.5 Sell and/or deliver Goods to any third party knowing that they will are or likely to do any of the acts described at 4.1, 4.2 or 4.3 above;

5. Customer agrees to market, promote and sell the Goods within their country of residence and operations only.

6. All amounts due are payable in the currency stated on the invoice. Payment by cheque and bank draft must be drawn in favor of “McGraw-Hill Australia Pty Ltd” for Australian dollar payments or “McGraw-Hill Book. Co. New Zealand Limited” for New Zealand dollar payments. McGraw-Hill also accepts telegraphic transfer and credit transfer to the following bank accounts. Customer must quote its account number and invoice(s) being paid.

   Australian Dollar
   JP Morgan Chase Bank, N.A
   Level 33, 259 George Street, Sydney NSW 2000
   (Swift) : CHASAU2X
   Bank Account Number : 010055486
   Branch Code : 212 200

   New Zealand Dollar
   ANZ Bank, Auckland Branch
   23-29 Albert Street, Auckland, New Zealand
   Bank Account Number : 01 1836 0000443 00

7. Payment by MasterCard and Visa are also acceptable. Customer should contact McGraw-Hill Credit Department for further information, credit customers wishing to pay their account by credit will be charged a fee. The fee will vary, depending on the credit card which the customer uses to make such payment, for further information please contact credit department.

8. McGraw-Hill reserves the right to charge Customers interest. Interest may be charged at 2% per month (or the highest rate permissible under applicable laws) on overdue balances and all costs including legal expenses, incurred in the recovery of overdue balances.

9. Failure to settle overdue accounts may result in an interruption to or delay in supply of outstanding orders.

10. McGraw-Hill reserves the right to recover debts by whatever means it sees fit, including reclaiming and goods sold for which it has not received payment.

11. McGraw-Hill reserves the right to reject claims for non receipt, short shipment and damaged Goods unless notified in writing to McGraw-Hill within 30 days after the earlier of the receipt or the invoice date.

12. McGraw-Hill will not accept returns for credit without its prior written authorization in line with the published returns policy.

13. This agreement for the supply and sales of goods is governed exclusively by the laws of New South Wales. The New South Wales Courts shall have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of or in connection with the sales of the goods by McGraw-Hill to the customer.

14. McGraw-Hill makes every effort to ensure that the information on this website is accurate and up to date. However, McGraw-Hill disclaims all liabilities resulting from the following:
    14.1 Technical problems resulting in errors (including pricing errors) or interruptions of the website, due to server upgrades or otherwise. In the unlikely event that a product's correct price is higher than that shown, McGraw-Hill will contact you to see if you still wish to proceed with the order.
    14.2 Incompatibility of the website with your hardware, software or telecommunication links.
    14.3 Failure of the website to meet your requirements.

15.  A Proforma Invoice/Quote does not constitute a binding offer, and is issued for pricing purposes only.
    We will advise at the point of ordering of any product that McGraw-Hill is unable to supply.

16. McGraw-Hill reserves the right to levy a minimum order surcharge on all orders, bookseller orders below a net value of AUD150.00 / NZD140.00 including GST for the value of AUD12.95 / NZD13.00 including GST and School orders attract a minimum order surcharge for orders below a net value AUD400.00 / NZD168.75 including GST for the value of AUD15.00 / NZD13.50 including GST, additional charges may apply at other times.

Reservation of title

1. Title to the Products will remain with the Company until all monies owing by the Customer to the Company have been paid.

2. The Customer has the right to sell the Products to its customers by bona fide sale at full market value and in the ordinary course of its business.

3. The Products sold under Clause 2 shall be sold by the Purchaser in its own name and not as agent for the Company.

4. Until all monies owing by the Customer have been paid, the following applies:

a)The Purchaser shall hold the Products as bailee for the Company.
b) Any sale of the products under Clause 2 shall be effected as bailee for the Company and the proceeds of that sale and the rights against its customers arising from those sales will be held on trust for the Company. The proceeds of those sales must be clearly identified in the books and records of the Purchaser.

5. The Company may at any time, without notice to the Purchaser and without prejudice to any other remedy it may have:

a) Terminate this contract and the bailment referred to in Clause 4; and
b) Enter upon any premises owned or occupied by the Purchaser where the Company reasonably believes the Products may be stored and repossess the Products without being liable for any damage caused.

For further information contact Customer Services.