TERMS AND CONDITIONS OF SALES
Fashionova Pty Ltd (t/a SOX & LOX) (Australia), shall only supply goods to you on the following terms and conditions unless we agree, in writing to vary these terms and conditions.
1. Payment
1.1 All invoices are due and payable by the specified date on the invoice.
1.2 Should you fail to pay your invoices by the due date then:
(a) we may charge interest on any overdue invoice at the penalty rate fixed under the judgment interest pursuant to Scedule.5 of the Uniform Civil Procedure Rules 2005 calculated and payable daily, compounded from the due date until the invoice is paid in full;
(b) you shall pay all our costs and expenses (including legal costs determined as between solicitor/own client and mercantile agents fees) which may be incurred in the recovery or attempted recovery of the overdue amounts from you.
2. Settlement Discount
2.1 You may take advantage of a discount for early settlement of accounts at the rates noted on the face of each invoice provided:
(a) payment in full takes place within the time specified; and
(b) you do not have any other invoices outstanding beyond their due date at the time of payment.
3. Prices and Delivery
3.1 Our prices are subject to change without notice.
3.2 GST at the prevailing rate at the date of invoice will be included in the amount due and payable on the invoice. We state on the face of the invoice whether or not the prices shown on the invoice are inclusive or exclusive of such tax.
3.3 Whilst we shall use all reasonable endeavors to comply with your particular delivery requirements and order specifications, you will not be entitled to cancel the whole or part of your order or to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the goods as a result of changes to the manufacturing processes or specifications.
4. Reservation of Title
4.1 You acknowledge that the ownership of goods delivered by us to you (“the goods”) is only transferred to you when you have paid all sums owing to us on any account whatsoever and until such time we have the right to call for or recover the goods at our option (for which purpose our employees or agents may enter your premises) and you are obliged to deliver up the goods if so directed by us.
4.2 You agree to keep the goods in a fiduciary capacity for us until such time as ownership is transferred to you.
4.3 Notwithstanding the foregoing, you may sell the goods to a third party in the ordinary course of business.
5. Risk
5.1 Notwithstanding the provisions of Clause 4 you accept all risk of loss and damage to the goods, whether caused by you or not, following delivery of the goods.
6. Return of Goods
6.1 We will not accept returns for credit without prior authorisation.
6.2 Any goods which you return for credit will only be accepted if they are in the original packaging, in pristine order and condition and accompanied by documentation showing:
• your name, address and account number
• our invoice number
• reason for return
• our authorisation number
6.3 If we authorise the return of goods, the goods must be carried by our nominated carrierat normal rates.
7. Withholding Supply
7.1 We reserve the right, irrespective of whether or not an order has been accepted and without notice to you, to withhold supply to you and we will not be liable for loss or damage resulting directly or indirectly from such action where:
(a) we have insufficient goods to fulfill the order;
(b) the goods ordered have been discontinued; or
(c) we have determined, in our absolute discretion, that credit should be longer be extended to you.
8. Minimum Orders
8.1 We reserve the right to specify that the first order has a minimum value of $500.00
9. Modifications to Labels
9.1 You may not, without our written consent, alter, remove or obliterate any labels which we attach to the goods.
10. Limitation of Liability
10.1 We exclude all statutory or implied conditions and warranties to the extent permitted by law.
10.2 To the extent permitted by law, we limit our liability under any condition or warranty which cannot legally be excluded to;
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the costs of having the goods repaired.
11. Governing Law
11.1 The laws of the State of New South Wales govern our trading.
11.2 You agree with us to submit to the non-exclusive jurisdiction of the Courts of New South Wales and the Federal Court of Australia and agree that any legal proceedings may be heard in those Courts.
12. Claims
12.1 Any claims by you for short delivery must be made within 7 days of the delivery.
12.2 Any other claims for adjustment to any invoice for any reason whatsoever must be made in writing within 60 days of delivery.
13. Clerical Errors
13.1 We reserve the right to correct clerical errors without notification.
14. Display Stands
14.1 All display stands will remain the property of Fahionova Pty Ltd.
14.2 After you have assembled the stand you are to advise Fashionova P/L immediately ofany faulty parts and wait for a replacement stand.
(a) A replacement stand with a pre-existing fault not caused by you (the client) will be replaced at the expense of Fashionova Pty Ltd
(b) You agree that Fashionova is not responsible for the assembly of the stand and any injuries caused by the stand whilst under your care.
14.3 You agree to pay the requested deposit depending on the display stand you order.
14.4 Your deposit will be refunded in full upon the return of the display stand to our nominated office providing the stand is in re-usable condition that meets our satisfaction.
14.5 We reserve the right to withhold all or partial of the deposit monies depending on the condition of the display stand once returned.
14.6 Whilst the display stand remains in your care you accept and are liable for loss and damage resulting directly or indirectly from your actions.