General Terms of Service

Service terms supporting our conditions of sale and sales support for all customers.

Customer & Sale Support Terms

Last updated: 09 April 2026

  1. Application of These Terms

These General Terms of Service (“Terms”) apply to all customers, clients, or counterparties (“Customer”) who engage Seeth Mercantile (“SEETH”, “we”, “us”, “our”) for services, whether directly or indirectly, including as part of any quotation, proposal, order, engagement, or sales‑support activity.

These Terms apply unless otherwise expressly agreed in writing and prevail over any Customer terms to the extent of any inconsistency.

  1. Nature of SEETH Services

SEETH provides mercantile, sourcing, procurement support, advisory, market access, and related services, which may include:

  • identification or facilitation of suppliers or producers,
  • advisory or consultative support regarding sourcing, logistics, market access, or materials,
  • introduction to third parties,
  • coordination or support services in connection with trade, procurement, or supply activities.

SEETH does not guarantee supply, pricing, availability, performance outcomes, or regulatory approval unless expressly agreed in writing.

  1. Formation of Agreement

No binding agreement arises unless:

  • a quotation, proposal, or statement of work is issued by SEETH, and
  • accepted by the Customer in writing (including electronic acceptance), and
  • where applicable, any required conditions precedent are satisfied.

Sales discussions, enquiries, and indicative information do not constitute offers.

  1. Customer Obligations

The Customer must:

  • provide complete, accurate, and timely information relevant to the services,
  • ensure it has authority to request the services and share information,
  • comply with all applicable laws, regulations, and trade controls,
  • not rely on SEETH services beyond their stated scope or purpose.

SEETH is entitled to rely on information supplied by the Customer without independent verification.

  1. Third‑Party Suppliers and Counterparties

SEETH may identify, introduce, or coordinate with third‑party suppliers, manufacturers, logistics providers, agents, or service partners.

Unless expressly agreed otherwise:

  • SEETH does not act as the seller of goods,
  • contracts for goods or third‑party services are between the Customer and the relevant third party,
  • SEETH is not responsible for third‑party performance, quality, delivery, or compliance.
  1. No Exclusivity

Unless expressly stated in writing, engagements are non‑exclusive. SEETH may provide similar services to other parties, including competitors of the Customer.

  1. Fees and Costs

Fees, costs, commissions, or charges (if any) will be as agreed in writing.

Unless otherwise stated:

  • fees exclude taxes, duties, levies, and third‑party costs,
  • additional costs incurred at the Customer’s request are payable by the Customer.
  1. Confidentiality

Each party must keep confidential any non‑public information disclosed in connection with the services, except where disclosure is required by law or permitted under written agreement.

Confidentiality obligations do not apply to information that is public, already known, independently developed, or lawfully obtained from third parties.

  1. Intellectual Property

All intellectual property:

  • owned by a party prior to the engagement remains that party’s property,
  • created by SEETH in connection with services remains SEETH’s property unless otherwise agreed.

No intellectual property rights are transferred except by express written agreement.

  1. Disclaimers

To the maximum extent permitted by law:

  • services are provided on an “as is” and “as available” basis,
  • SEETH makes no warranties as to suitability, fitness for purpose, commercial outcomes, or regulatory acceptance,
  • advisory input does not replace the Customer’s independent assessment or professional advice.
  1. Limitation of Liability

To the extent permitted by law:

  • SEETH is not liable for any indirect, consequential, economic, or special loss, including loss of profit, revenue, opportunity, or reputation,
  • total liability is limited (at SEETH’s option) to:
    • the resupply of the relevant services, or
    • the fees paid for those services.

Nothing in these Terms limits non‑excludable rights under the Australian Consumer Law.

  1. Indemnity

The Customer indemnifies SEETH against any loss, claim, damage, or liability arising from:

  • breach of these Terms,
  • inaccurate or unauthorised information supplied by the Customer,
  • the Customer’s use of or reliance on the services beyond their agreed scope,
  • third‑party claims relating to goods, materials, or services not supplied directly by SEETH.
  1. Termination

Either party may terminate an engagement:

  • as provided in the relevant agreement, or
  • immediately if the other party materially breaches these Terms.

Termination does not affect accrued rights or obligations.

  1. Governing Law

These Terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.

  1. General
  • SEETH may amend these Terms by written notice.
  • Failure to enforce a provision does not waive it.
  • If any provision is invalid, the remainder continues in effect.