In these terms:
“Company” means CGR Sportswear Pty Ltd.
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer
“Terms” means these terms and conditions of sale
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4.1 Credit terms will be confirmed when The Customer is set up in our system. All previous credit terms are null & void.
4.2 All new customers will be on a prepaid basis.
4.3 All existing customer’s terms will be on a mutually agreed basis.
4.4 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.5 A deposit of 25% of the invoice price must be paid when placing an order.
4.6 The balance of the invoice price must be paid in full before shipment or delivery.
4.7 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.
5. DELIVERY OR RELEASE OF GOODS
5.1 The Customer must, within 5 days of being notified of their availability, pay the balance of the invoice price prior to release or delivery of goods.
5.2 If the Customer fails to pay the balance of the invoice, Goods will not be released or delivered. If the Customer fails to pay and/or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods.
5.3 In addition to clause 4.7, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $0.50 per piece per week or part thereof.
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
7. RISK AND INSURANCE
7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 10 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
10. INTELLECTUAL PROPERTY RIGHTS
10.1 By providing us with patterns, embroideries, samples and all related information, clients agree to take full responsibility of any Intellectual Property Rights issues, and indemnify us from any Intellectual Property Rights liability.
11. LIMITED LIABILITY
11.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
11.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
11.2.1 Responsible if the Goods do not comply with any applicable safety standard or similar regulation; and/or
11.2.2 Liable for any claim, damage or demand resulting from such non-compliance.
11.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
11.3.1 Replace or repair of the Goods or the supply of equivalent Goods; or
11.3.2 Pay of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
11.4 And in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
12.1 The company does not offer warranty on goods supplied except for that granted by relevant State and Federal laws, and in particular the Trade Practices Act 1974 and corresponding State Fair Trading legislation. Please ensure that you keep your receipt in order to validate implied warranties.
12.2 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
13. FORCE MAJEURE
13.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
14. WAIVER OF BREACH
14.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.