Terms and Conditions
1.1 "The Seller" means West Coast Uniforms, its successors or any person acting on behalf of and with authority of West Coast Uniforms.
1.2 "Customer” means the person and the business or organisation ordering the goods.
"Goods" means the goods supplied by the Seller as described on any quotation, order or invoice or any other form provided by the Seller.
1.3 “Items” means any items which are owned by the Customer upon which the Seller is to provide a service.
1.4 "The Monies Due" includes the purchase price for the goods; delivery and freight charges (if applicable) and gst.
2.1 The only contractual terms which are binding upon the Sellers are those described in this document or otherwise agreed to in writing by the Sellers and those which are imposed and cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on the Seller are to the extent permitted by law, hereby excluded.
2.2 These Terms and Conditions and any contract to which they apply shall be governed by the laws of Western Australia and are subject to the jurisdiction of the courts of Western Australia.
2.3 The Customer must provide the Seller at least fourteen (14) days notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.
2.4 The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of these terms and conditions.
2.5 In the event of any breach of this contract by the Seller the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
2.6 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Seller.
2.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
2.8 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.
2.9 If any of these Terms and Conditions is proved to be invalid, void or illegal, then that does not affect the legality or validity of the remaining Terms and Conditions.
2.10 The Seller reserves the right to review these terms and conditions at any time.
3 ORDERS & QUOTES
3.1 Any instructions received by the Seller from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
3.2 All quotes are valid for 30 days, and the Seller reserves the right to change any aspect of the quote after that time.
3.3 Orders shall only be processed by the Seller on the basis of 50% payment of the order being made at the time the order is processed unless the Seller has agreed to do otherwise.
3.4 Orders for goods that have been specifically ordered by the Seller on the Customer’s behalf shall not be subsequently cancelled by the Customer unless the Goods can be returned to the Seller’s Supplier free of charge and freight. In the event that the Seller is required to make any type of payment for these goods, then that charge will be passed on to the Customer.
3.5 Orders delivered that may be missing items are to be put on backorder and dispatched when available or the Seller will refund in full the unit price for the missing item(s) only.
3.6 The Seller has the sole legal right to determine to refund, backorder or supply new or replacement items on any order that is delivered with missing or incorrect items - NO EXCEPTIONS.
3.7 The Seller is not in any way legally liable for any goods NOT arriving at any destination on a due date if the Customer has requested the goods to be freighted.
3.8 The Seller will always endeavor to deliver all goods as requested on time but are not responsible or legally liable for any delays in delivery to the Customer.
4 PRICE AND PAYMENT
4.1 The Price of goods changes from time to time and shall be either:
4.1.1 as indicated on the order or invoices provided by the Seller to the Customer in respect of Goods supplied; or
4.1.2 the Seller’s quoted Price (subject to clause 4.2) which shall be binding upon the Seller provided that the Customer shall accept the Seller’s quotation in writing within thirty (30) days.
4.2 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation.
4.3 As per clause 3.3 a 50% deposit is payable when the Customer orders the goods.
4.4 At the Seller’s sole discretion:
4.4.1 payment shall be due on delivery of the Goods; or
4.4.2 payment shall be due before delivery of the Goods; or
4.4.3 payment for approved Customers on account shall be made within 30 days of the date of the invoice.
4.5 If no due date is stated on the invoice then payment shall be due seven (7) days following the date of the invoice.
4.6 Payment will be made by any of the following means: direct deposit, eftpos, Mastercard, Visa Card, cash, cheque, bank cheque, money order or by any other method as agreed to between the Customer and the Seller.
4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5 DELIVERY OF GOODS
5.1 At the Seller’s discretion delivery of the Goods shall take place when:
5.1.1 the Customer takes possession of the Goods at the Seller’s address; or
5.1.2 the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier); or
5.1.3 the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
5.2 At the Seller’s discretion the costs of delivery are:
5.2.1 in addition to the Price, or
5.2.2 for the Customer’s account.
5.3 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.4 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
5.5 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.6 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
6.1 The Customer shall inspect the Goods on delivery and shall within two (2) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall allow the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Customer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods.
6.2 Where the performance of any contract with the Customer requires the Seller to obtain Goods or Services from a third party, the contract between the Seller and the Customer shall incorporate and shall be subject to the conditions of supply of such Goods and Services to the Seller, and the Customer shall be liable for the cost in full including the Seller’s margin of such Goods or Services.
6.3 Whilst every care is taken by the Seller to carry out the instructions of the Customer, it is the Customers responsibility to undertake a final proof reading of the Customer’s instructions. The Seller shall be under no liability whatever for any errors not corrected by the Customer in the final proof reading. Should the Customers alterations require additional proofs this may be invoiced as an extra.
6.4 The Seller is under no obligation to provide samples of Goods ordered other than by virtual (computerised) sample. Whilst every effort will be taken by the Seller to match virtual colours with physical colours, the Seller will take no responsibility for any variation between virtual sale samples and either the virtual sale sample displayed on the Customer’s computer and/or the final product. Should a physical sample be required this will be provided on request by the Customer and will be charged for as an extra including return freight, the charge will be contra against final invoice.
7 RETURNS & CREDITS
7.1 Returns will only be accepted provided that:
7.1.1 the Customer has complied with clause 6.1; and
7.1.2 the Seller has agreed in writing to accept the return of the Goods; and
7.1.3 the Goods are returned at the Customer’s cost within seven (7) days of the delivery date along with a copy of the relevant invoice; and
7.1.4 the Seller will not be liable for Goods which have not been stored or used in a proper manner; and
7.1.5 the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition.
7.2 Discontinued stock items are not eligible for return under any circumstances.
7.3 Goods decorated are not eligible for return unless the decorating error was the fault of the Seller. The Seller reserves the right to determine what action is required on all decorated orders which in the rare occasion may be incorrectly decorated.
7.4 Goods sent as ordered are not returnable unless incorrect style, incorrectly sized or damaged goods have been received by the Customer.
7.5 At the Seller’s discretion, the Seller may waive clause 7.4. If the Seller is in a position to offer the Customer an opportunity to return the goods, the return will be subject to:
7.5.1 the Customer having advised the Seller within two (2) days of delivery of the Goods that they no longer require the goods, and
7.5.2 the Seller has agreed in writing to accept the return of the Goods; and
7.5.3 the Goods are returned at the Customer’s cost to the Seller within seven (7) days of the invoice date along with a copy of the relevant invoice; and
7.5.4 the Seller will not be liable for Goods which have not been stored or used in a proper manner; and
7.5.5 the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition.
7.5.6 the Customer paying all associated costs including re-stocking fees and freight from the Seller to the original Supplier.
7.6 A Credit will be issued for any Goods that have been invoiced but are short on delivery subject to written notification by the Customer to the Seller within two (2) days of receiving the goods.
8.1 Risk in the goods shall pass to the Customer at the date of dispatch and the Customer shall if deemed necessary insure all goods that are at its risk.
8.2 Risk on goods shall pass to the Customer at time of the goods are placed upon the vehicles which are to effect delivery from the relevant Seller or Sellers agents nominated dispatch premises.
8.3 The Supplier accepts no risk liability on any order sent to a third party.
8.4 The Customer agrees that the Seller shall not be liable for replacing or repairing any Items supplied by the Customer that are damaged during the embroidery process.
8.5 The Seller reserves the right to refuse Customer supplied Items that the Seller deems to be unsuitable for the embroidery process.
8.6 The Customer is responsible for ensuring their own Items are free from any defects and flaws prior to delivery to the Seller.
9.1 Not withstanding that Risk in the goods shall pass to the Customer as herein provided, the full legal and beneficial title to and ownership of the goods shall be retained by and remain with the Sellers absolutely, until the whole of the monies due under the invoice are paid for in full.
9.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Goods shall continue.
9.3 Until such time as ownership of the Goods shall pass from the Seller to the Customer the Seller may give notice in writing to the Customer to return the Goods or any of them to the Seller. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease.
9.4 The Seller shall have the right of stopping the Goods in transit whether or not delivery has been made.
9.5 In the event that the Customer defaults in the terms of the payments of goods, the Sellers shall have the right to re-take possession of the goods by adopting whatever lawful means may be necessary wherever such goods may be located and the Sellers shall have the right themselves or by their servants, employees, agents, or authorized representatives to enter the Customer’s premises without such person being deemed a trespasser to retake possession of the goods situated or stored thereon.
9.6 The Customer may sell the goods to a third party subject to the proceeds of any such sale being kept separate from all other monies held by the Customer and are then immediately forwarded on to the Seller.
9.7 The Customer hereby acknowledges that the Sellers have a lieu over all goods in possession of the Customer which belong to and are owned by the Customer to secure payment of any monies due to the Sellers.
9.8 The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer.
10.1 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Seller shall repay to the Customer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
10.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
11 CHANGE OF OWNERSHIP
The Customer hereby agrees to notify the Sellers in writing of any change of ownership of the Customer within seven days from the date of such change and indemnifies the Sellers against any loss incurred by the Sellers as a result of the Customers failure to do so.
12 COLLECTION CHARGES
12.1 The Customer agrees that if the Customer defaults in payment of any invoice when due, the Customer hereby agrees to pay all costs incurred by the Sellers including commission charges by Collection Agencies and legal costs and disbursements (including Solicitor/Customer cost) for the collection of any outstanding monies owned by the Customer to the Sellers if payment for those goods has not been received in sixty days.
12.2 The Seller may, if at any time the Customer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller has exercised its rights under this clause.
12.3 Without prejudice to the Seller’s other remedies at law, the Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that:
12.3.1 any money payable to the Seller becomes overdue, or in the Seller’s opinion the Customer will be unable to meet its payments as they fall due; or
12.3.2 the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
12.3.3 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
13 UNPAID SELLER’S RIGHTS
13.1 Where the Customer has left any item with the Seller for the Seller to perform a Service in relation to the item and the Seller has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Seller shall have:
13.1.1 a lien on the item;
13.1.2 the right to retain the item for the Price while the Seller is in possession of the item;
13.1.3 a right to sell the item.
13.2 The lien of the Seller shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.
13.3 Where a Customer has made partial payment of goods ordered from the Seller and the Seller still retains the goods, and all reasonable efforts have been made to contact the Customer, then after a period of twelve (12) months from date of order or invoice (whichever is the latter), then the Customer forfeits the deposit and the right to make final payment on those goods, and the Seller retains the goods.