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Terms and Conditions of Sale
The conditions of sales set out below shall apply to all contract for the supply of goods ("goods") made with Superiorfit ("the Seller") and the person purchasing the goods ("the Buyer") and shall not be modified, except by written amendment by the parties in advance of any transaction to supply goods.
Acceptance of delivery of any goods will be deemed to be acceptance by the Buyer of these Terms and Conditions notwithstanding anything that may be stated to the contrary in the Buyer's inquiries or in the Buyer's orders.
All prices unless otherwise stated, are exclusive of the Goods and Services Tax. GST, freight and insurance charges where applicable, will be an extra charge.
Payment of all accounts is to be made by the 30th of the month following the date of the invoice ("the payment date"). In the event that payment is not received by the payment date, default interest may be charged by the Seller, at a rate of 2.5 per cent per month for the period during which the payment has been overdue.
No credit shall be extended on overdue accounts, except by prior written agreement with the Seller.
Individual deliveries or deliveries of separate installments may be invoiced separately and shall be paid for accordingly.
All costs of collecting overdue accounts shall be met by the Buyer. An administration fee of $40.00+GST shall be added after 1 month following the date of the invoice. Further administration fees of $40.00+GST shall be added in subsequent months and all legal costs incurred in collecting overdue accounts will be payable by the buyer.
Dates given for delivery are stated in good faith but are not to be treated as condition of the sale. No claim shall be made by the Buyer on account of late delivery however caused.
The Seller shall be entitled to cancel or suspend delivery of the goods in event of any delay or non-performance due directly or indirectly to wars, strikes, lockouts, delays, or defaults of the manufacturers of suppliers, act of God, or any other cause (whether similar or dissimilar) beyond the reasonable control of the Seller. The Buyer shall have no claims whatsoever against the Seller in consequence of any such cancelation or suspension.
The risk in the goods shall pass to the Buyer at the time of dispatch from the premises.
The risk in the goods supplied by the Seller to the Buyer shall pass to the buyer but the ownership of them shall not pass to the Buyer until the buyer has discharged all out-standing indebtedness to the Seller whatsoever. Until the payment in full of such indebtedness has been made the Buyer acknowledges and agrees as follows:
That the goods supplied are held by the buyer as bailee to be sold by the Buyer as agent for and on behalf of the Seller.
If such goods are sold by the buyer prior to payment for them by the Buyer, then the proceeds of sale thereof shall be the property of the Seller AND shall be kept by the Buyer in a separate account which is clearly identified as containing the proceeds of such a sale after deducting any mark-up (which the buyer can retain as remuneration for acting as agent) and such money will be held on trust for the Seller.
The Buyer shall store the goods supplied in such a way that it is clear that they are the property of the Seller.
We may re-possess the goods in the event that the Buyer defaults or commits and act of bankruptcy or a receiver is appointed or the Buyer goes into liquidation and then the Buyer licences the Seller to enter their premises at any time without notice in order to inspect or repossess the goods and on repossession the Seller may sell the goods to recover all monies owing.
Notwithstanding any other agreement as to the terms of payment, the total purchase price shall immediately become due and payable and the Seller shall have the right to forthwith cancel this contract (without prejudice to any other of its rights) upon the occurrence of any of the following events:
The Buyer ceases or threatens to cease to carry on business;
The Buyer enter into any negotiations for any arrangement or composition with its creditors;
The Buyer is unable to pay its debts (including contingent liabilities) as they fall due;
The Buyer becomes bankrupt or commits an available act of bankruptcy or proceedings are taken for liquidation of the Buyer's affairs;
The Buyer, being a company, goes into liquidation whether voluntary or does anything or fails to do anything which would allow a receiver or manager to take possession of any of the Buyer's assets or which would entitle any person to present an application for winding up or is wound up or placed under statutory management or enters into a scheme of arrangement with its creditors or any class thereof;
Any distress or execution is levied on the Buyer;
Breach by the Buyer of any other terms contained in this agreement.
Upon the happening of any one or more of the above events the Seller will be entitled to repossess and resell goods which remain the property of the seller within the terms of clause 8.
If the Buyer defaults in performing its obligations under this agreement and the Seller incurs expenses in enforcing its rights under the agreement, the Buyer shall pay those expenses (including full legal costs) to the Seller on demand.
Monogrammed garments and items made to order are non-refundable.
Other goods delivered may be returned to the Seller provided that:
The return is affected within 21 days of invoice date.
Prior approval or a reference 'return authorization number' is provided by the Seller.
The goods are returned in original packaging and in a presentable and re-sellable condition including swing tickets and cardboard shirt packaging.
The buyer is responsible for all freight costs except where special arrangements have been made or when garments were damaged or wrongly supplied.
All necessary information is supplied by the buyer.
A re-stocking fee of 10% of the value of the goods will be charged on all returns, except where the buyer is at fault. Should the Buyer fail in one or more of the points in 11.2, we may, at our own discretion, charge a higher restocking fee or provide no credit whatsoever.
The full price of the goods less courier and delivery charges will be refunded to the Buyer (as a credit to the Buyers account) where the goods are returned in accordance with 11.2 but otherwise the Buyer shall remain liable for the full purchase price.
Worn, soiled or damaged garments will not be credited.
Advice by the Buyer that goods supplied are defective or that he has been invoiced for goods not received must be given within 7 days from the date of invoice.
All claims of any nature must be accompanied by particulars of the claim and by invoice and delivery details.
In no circumstances whatever shall the Seller be liable for the consequential losses whether suffered by the Buyer and/or a third party.
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