Terms and Conditions of Sale
1. The expression “the Company” in these conditions shall mean Soli’s Labels Pty limited.
- The expression “the Purchaser” in these conditions shall mean the persons (or persons) or entity acting on behalf of and with the authority of the purchaser.
2. The Company will be indemnified by the purchaser in respect of any claims, costs and expenses arising out of any infringement of copyright, patent or design.
2.1 Where the COMPANY has designed or drawn Goods & Services for the Purchaser including samples, diagrams & artwork on a speculative basis then the copyright of the designs, artwork and samples shall remain the property of the COMPANY.
3. All quotations supplied by the Company are to be regarded as an invitation to Treat and only must be confirmed and accepted in writing by the purchaser within 60 DAYS from the date of quotation.
3.1 Prices quoted are subject to withdrawal at any time until the order is accepted by the Company. All quotes are without engagement.
3.2 Quotations are based on current costs of production and are subject to amendment on, or at any time after acceptance to meet any rise or fall in such costs. Goods and Services Tax and freight are Additional if applicable.
3.3 At the Company’s sole discretion a deposit may be required. This will be stipulated at the time of the order of the goods and services and shall become immediately payable.
3.4 The Company may withhold delivery of the goods or service until the customer has paid for them in which events payment will be required before delivery of the goods or services. The Company will not be liable to the Purchaser for any loss or damage the Purchaser suffers because the Company exercises its right.
3.5 At the Company’s sole discretion, payment for approved customers will be made by installments in accordance with the Company’s delivery / payment schedule.
3.6 At the Company’s sole discretion all prices will be quoted from the Company’s Head Office/ Factory in Sydney or Office / Factory in China. This will be stated on the quotation.
3.7 Payment will be made by cheque, or by bank cheque, or by direct credit, or by credit card, or by any other method agreed to by the Company and the purchaser. (Credit card payment may attract any applicable charges). The price will be increased by the amount of any GST or other taxes and duties which may be applicable.
3.8 Until the Company receives full payment of all the sums owing by the Purchaser: The Company may maintain an action against the Purchaser for the purchase price of the goods or service and shall not be required to accept any return of the goods or any part thereof.
3.9 At the Company’s absolute discretion interest on overdue invoices shall accrue from the date the payment was due until the date of the payment at a rate of 2.5% per calendar month and shall accrue daily at the same rate after as well as before judgment.
3.10 If the Purchaser defaults on payment of any invoice due, the purchaser will indemnify the Company from and against all the Company’s costs and disbursements including a solicitor and own Purchaser basis and in addition all of the Company’s nominee costs of collection.
3.11 At the absolute discretion on the Company if the account remains unpaid at the end of the second month after supply of the goods & services the following shall apply. An immediate amount of the greater of $10.00 or 10% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.
4.0 Delivery of the goods and service, by carrier either named by the PURCHASER or if not supplied a carrier at the discretion of the COMPANY for the purpose of delivery of the goods and service to the PURCHASER is deemed to be a delivery of the goods & service to the PURCHASER.
4.1 Delivery of goods & services to a third party nominated by the PURCHASER is deemed to be delivered to the PURCHASER for the purpose of this agreement.
4.2 The cost of carriage and any insurance which the PURCHASER directs the COMPANY to incur shall be reimbursed by the PURCHASER (without with holding) and shall be due for payment with the invoice of the goods & service.
4.3 Where there is no agreement that the COMPANY shall send the goods & service to the PURCHASER delivery to a carrier at limited carrier’s at the expense of the COMPANY is deemed to be delivered to the PUCHASER.
4.4 The COMPANY may deliver goods & services to the PURCHSER by separate installments (as agreed to by the Company & the Purchaser) Each separate installment shall be charged and paid for in accordance with these terms of sale.
4.5 The COMPANY accepts no responsibility or liability for goods & services lost in transit.
5 The Company will use its best endeavors to secure the delivery of goods by the estimated delivery date but it does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind whatsoever in respect of delay in delivery howsoever occasioned. The Purchaser hereby disclaims the right to sue for damages or to claim restitution arising from any misrepresentation made by any servant or agent of the Company. The purchaser acknowledges that they buy the goods or services solely upon the Purchasers own skill and judgment and that the Company shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Company which warranty shall be personal to the purchaser and shall not be transferable to any subsequent Purchaser.
5.1 The PURCHASER understand that although every endeavor will be made to deliver the quantity ordered, the PURCHASER will accept delivery of the goods & service conditional upon a margin of 10 per cent being allowed for overs or shortage, the same to be charged for or deducted.
5.2 Should expedited delivery be agreed and necessitate overtime or other additional cost an additional charge may be made. The Company shall not be liable for indirect or consequential loss or for any loss to the purchaser arising from third party claims occasioned by errors, by carrying out the work or by delay in deliveries.
6.0 In the event of any fault or defect in any goods or service supplied by the COMPANY, or any short delivery, the PURCHASER must notify the COMPANY in writing SEVEN (7) DAYS of the date of delivery of the goods or service and the COMPANY will at its own cost and its own option repair or replace the goods and subject to the aforesaid no claim damage or loss direct or indirect shall exceed the invoice price of the goods as quoted by the COMPANY.
6.1 The PURCHASER shall inspect the goods & services on delivery and inform the COMPANY in writing within seven (7) days of any alleged defect, damage, shortage of quantity or failure to supply as per the description of the quote. The PURCHASER will allow the COMPANY the opportunity to inspect the goods & service within reasonable time of delivery. If the PURCHASER does not comply with these provisions it will be concluded that the goods & services are free from any defect or damage.
6.2 The COMPANY will not be liable for goods & services that have not been stored or used in a proper manner.
6.3 The COMPANY may (at its discretion) accept the return of goods or services for credit, but this may incur a handling fee of 10% of the value of the goods & services plus any freight costs. Labels, Swing tags or other goods & services supplied that are branded or marked for a specific trademark or brand, or care labels specifically made to order will not be accepted for a refund.
Privacy Act 1988.
• The Purchaser and /or the Guarantor/s (if any) agrees for the Company to obtain from a credit reporting agency a credit report containing personal credit information about the Purchaser and/or the Guarantors (if any) in relation to credit provided by the Company.
• The Purchaser and /or the Guarantor/s (if any) agree that the Company may exchange information about the Purchaser and /or the Guarantor/s (if any) with those credit providers named in the application for credit account or named in a customer credit report issued by a reporting agency for the following purposes:
1. To assess the application and the worthiness of the Purchaser and /or the Guarantor/s (if any)
2. To notify other credit providers of a default by the Purchaser
3. To exchange information with other credit providers as to the status of this credit account, where the Purchaser is in default with other credit providers.
• The Purchaser consents to the Company being given a consumer credit report to collect overdue payment on commercial credit (section 18k(1)(h) Privacy Act (1988).
• The Purchaser agrees that the data provided may be used and retained by the Company for the following purposes and for other purposes as agreed between the Purchaser and Company or required by law from time to time.
a. Provision of goods & services
b. Marketing of goods & services by the company, its agents or distributors in relation to the goods & services
c. Checking and verifying the purchasers credit , payment and/or status in relation t provision of goods & services
d. Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Purchaser.
e. Enabling the daily operation of the Purchasers account and/or the collection of amounts outstanding in the Purchaser’s account in relation to the goods & services
The Company may give information about the Purchaser to a credit agency for the following purposes.
a. To obtain a consumer credit report about the purchaser.
b. Allow the credit reporting agency to create or maintain a credit information file containing information about the Purchaser.
• The Company shall be under no liability whatever to the purchaser for any indirect loss and/or expense (including loss of profit) suffered by the purchaser arising out of a breach by the company of these terms and conditions.
• In the event of any breach of this contract by the company the remedies of the purchaser shall be limited to damages. Under no circumstances shall the liability of the purchaser exceed the price of the goods/services.
The Purchaser shall not set off against the price amounts due from the company.
The Company may sub-contract or license all or any part of its rights and obligations without the purchasers consent.
The Company reserves the right to review these terms and conditions at any time and from time to time. If following any such review there is to be any change in such term and conditions, that change will take effect from the date on which the company notifies the purchaser of such changes.
Note: All prices in Australian Dollars