1. Definitions:
1.1 “The Supplier” means Numbered Sports Jerseys (ABN 90 402 650 824).
1.2 “Purchaser” means the person ordering the goods - the subject of this contract.
1.3 “Goods” means the goods supplied by Numbered Sports Jerseys (ABN 90 402 650 824).
1.4 “The Monies Due” includes the purchase price for the goods and any delivery and freight charges, GST and extra packing charges if any. 2. General:
2.1 The only contractual terms which are binding upon the supplier are those set forth herein or otherwise agreed to in writting by the Suppliers and those which are imposed and cannot be excluded by law.
2.2 All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on the Supplier are to the extent permitted by law hereby expressly excluded and negatived.
3. Orders:
3.1 Orders shall only be processed by the Supplier on the basis of payment of the order being made at the time the order is processed or unless orders are released on goodwill to the Purchaser at the Supplier's discretion.
3.2 The Supplier has the sole legal right to determine the refund, backorder or to supply new or replacement items on any order that is delivered with missing or incorrect items - NO EXCEPTIONS.
3.3 The Supplier is not in any way legally liable for any goods (orders) NOT arriving at any destination on a due date.
3.4 The Supplier will always endeavor to deliver all goods (orders) as requested on time but are not responsible or legally liable for any delays in delivery to the purchaser.
4. Credit Claims:
4.1 The Supplier must be notified in writing by the Purchaser regarding the intention to return goods and the return MUST be authorised by the Supplier in writing before returning any goods.
4.2 The Supplier shall not accept the return of goods unless such goods are returned to the Suppliers within 7 days of the receipt by the purchaser.
4.3 The Purchaser shall be responsible for all charges and costs incurred in the return of goods unless such the Suppliers determine otherwise.
4.4 Credit claims for shortages must be notified to the Suppliers in writting within 48 hours of receipt of goods.
4.5 Goods sent as ordered are not returnable under any circumstances unless incorrect style, incorrect sizes or damaged goods have been received by the Purchaser.
4.6 The Supplier reserves the right to determine what action, if any, is to be taken if goods are incorrectly decorated.
4.7 Goods returned must be in the original condition as sent (ie: in garment bag unmarked) or they will not be accepted for credit.
4.8 A 10% or $20.00 + gst (which ever is the greater sum) administrative charge will be applied on any refund on all returned goods.
5. Price and Payment:
5.1 Prices of goods are subject to periodic change.
5.2 The Supplier payment terms are that payment shall be made by the Purchaser to the Supplier for all goods before dispatch or unless dispatched on goodwill by the Supplier.
5.3 On goods dispatched to the Purchaser on goodwill or after a credit account has been opened for the Purchaser, the Supplier will accept and dispatch orders on the basis that the payment will be received by the Supplier within the terms of that account of the receipt by the Purchaser of the goods.
5.4 Any goods dispatched on goodwill to the Purchaser renders the balance of any outstanding amount of monies due on that order be paid in full within 7 days of receipt of the goods.
5.5 If payment is not made in accordance with Clauses 5.3, 5.4 or 5.5 then interest and administrative charges calculated at the interest rate of 10% weekly shall accrue on the monies due and payment shall be credited by the Supplier firstly against any interest and administrative charges due.
5.6 Monies due by the Purchaser to the Supplier shall become payable immediately upon the Purchaser committing any act of insolvency. 6. Delivery:
6.1 Goods are dispatched from our warehouse 5 - 7 business days from when order is received and all monies owing are paid. 6.2 Delivery of goods is via Australia Post using eparcel. Delivery is overnight to Sydney Metro area, approx 2 business days to Brisbane/Melbourne. 6.3 All goods are trackable and require a signature by the purchaser on receipt of the goods being delivered - unless specifically requested otherwise. If the purchaser is not at the address to receive the goods at time of delivery, the goods will be returned to the nearest post office where the purchaser will be required to then pick up the goods.
7. Title:
7.1 Not withstanding that risk in the goods shall pass to the account holder Purchaser as herein provided, the full legal and beneficial title to and ownership of the goods shall be retained by and remain with the Supplier's absolutely, until the whole of the monies due under the invoice are paid for in full.
8. Change of Ownership:
8.1 The Purchaser hereby agrees to notify the Supplier in writing of any change of ownership of the Purchaser within seven days from the date of such change and indemnifies the Supplier against any loss incurred by the Supplier as a result of the Purchasers failure to do so.
9. Jurisdiction:
9.1 The parties hereby agree that the proper law of all contracts arising between the Supplier and the Purchaser is the law of New South Wales, Australia and the parties hereby agree to submit to the jurisdiction of the Courts of that State.
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