|
Terms
and Conditions.
For
Planett Pty Ltd. trading as The Uniform Super Store (hereafter known as
TUSS)
Definition...
"
TUSS " means Planett Pty Ltd (ABN 43 119 201 599) trading as The Uniform Super
Store (ABN
"Customer"
means the person(s), individual, sole traders, company, or any of its principals
or employees, organisation, club, business, school, government department or
other ordering the goods the subject of this contract.
"
Goods " means the goods supplied by Planett Pty Ltd (ABN 43 119 201
599)
"
The Monies Due " includes the purchase price for the goods, any delivery and
freight charges, G.S.T. and extra packing charges if any
General
Conditions - These terms and conditions of sale shall apply to the exclusion of
all other, including any terms and conditions of Customer whether
on Customers order form or otherwise. The only contractual terms which are
binding upon TUSS are those set forth herein or otherwise agreed to in writing
by TUSS 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 TUSS are to the extent
permitted by law hereby expressly excluded and negated.
Prices
- Prices shown on the TUSS web site, printed materials, downloaded or uploaded
orders or quotes for goods, branding, freight and additional charges are subject
to change without notice and goods will be invoiced at the price ruling at the
date of dispatch. TUSS
reserves the right to adjust the final invoice to include freight expense and
any additional fees not shown on this site or during the checkout procedure. The
amount shown during the checkout procedure is not to be considered a final
invoice as it is subject to change depending on prices, products and product
alterations, artwork supplied, preferred branding methods, freight and delivery
location, express order requests and other reasons not listed. All endeavors
will be made by TUSS to keep the prices current. Customers will receive an
Invoice to show correct amounts and freight fees with their order.
Orders
- Orders shall only be processed by TUSS on the basis of payment of the order
being made at the time the order is processed or unless orders are released on
goodwill or Credit to the Customer at the discretion of TUSS. With regards to
custom made items or promotional products, orders can not be subsequently
cancelled by the Customer unless agreed to in writing by TUSS. All costs
involved in production of an order will be charged if the order is cancelled. If
order is already in production it cannot be changed in any way or be cancelled.
If goods are ordered specially or manufactured to Customers specifications and
supplied to these specifications the above mentioned goods cannot be returned
for credit. If goods are ordered in especially for an order no returns, changes
or cancellations will be accepted. TUSS 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. TUSS 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. Orders not placed online at www.uniforms.com.au
will be subject to a 10% price increase as the prices shown on our web site are
for web site orders only.
Changes/Cancellation
- If the order quantity from the Customer is reduced after quoting the price
will change. All costs involved in production of an order will be charged if the
order is cancelled. If order is already in production it cannot be changed in
any way or be cancelled. If goods are ordered specially of manufactured to
customer specifications and supplied to these specifications the above mentioned
goods cannot be returned for credit. If goods are ordered in specially for an
order no returns, changes or cancellations will be accepted.
Goods
and Services Tax - 10% GST is applicable to all our goods and services. TUSS
reserves the right to adjust or amend prices in accordance with any alteration
of changes to tax legislated by the Australian Government.
Urgent
Orders - TUSS is happy to do urgent orders, but any additional expenses will be
passed on to the Customer for payment before the order can be processed. TUSS is
not in any way legally liable for any goods not arriving at any destination on a
due date.
Payment
Terms – Payment is required prior to any orders being processed or dispatched
unless in writing from TUSS in the form of Credit Application Approval. The
Customer must pay for goods supplied according to payment terms on invoice. All
deliveries may be suspended or held should these terms not be met at any time.
TUSS payment terms are that payment shall be made by the Customer to TUSS for
all goods, branding and freight before dispatch or unless dispatched on goodwill
by the TUSS, or that the Customers annual spending is significant enough to
permit credit terms being provided to the Customer. With regards to goods
dispatched to the Customer on goodwill or after a credit account has been opened
for the Customer, TUSS will accept and dispatch orders on the basis that the
payment will be received by TUSS within the terms of that account of the receipt
by the Customer of the goods. Should goods be dispatched to the Customer on
goodwill, the Customer agrees to pay the invoice in full within 7 days or return
the items within the same time period of 7 days. Should the Customer not return
the sent goods on goodwill within 7 days, the Customer is therefore deemed to
have accepted the goods and payment in full is expected immediately. Should
payment not be received in full in accordance with the Customers Credit Terms,
then interest and administrative charges calculated at the interest rate of 5%
weekly shall accrue on the monies due and payment shall be credited by the TUSS
firstly against any interest and administrative charges due. Monies due by the
Customer to TUSS shall become payable immediately upon the Customer committing
any act of insolvency.
Debt
Recovery - TUSS shall be entitled to charge to the Customer all costs and
expenses reasonably incurred in the recovery of any money owing by the Customer
to it including all legal fees, process severs charges and collection agents
expenses as well as the time reasonably spent and incurred by TUSS in such
recovery. For invoices still outstanding after 60 days, it is the procedure of
TUSS to submit in writing a application to the Small Claims Tribunal with the
intention of recouping monies owed and out of pocket expenses.
Returns - Goods may only be returned to TUSS subject to the
conditions as follows. Returns will not be considered unless accompanied by a
copy of the original invoice. TUSS shall not accept the return of goods unless
such goods are returned to TUSS within 7 days of the receipt by the Customer.
The Customer shall be responsible for all charges and costs incurred in the
return of goods unless TUSS determines otherwise. TUSS shall not accept or agree
to a credit claim where the Customer has had the goods delivered to the
Customers nominated screen printer or embroider or any third party. Goods
decorated are not eligible for return under any circumstance. TUSS reserves the
right to determine what action if any is required on all decorated orders which
in the rare occasion may be incorrectly decorated. Goods sent as ordered are not
returnable under any circumstances unless incorrect style, incorrectly sized or
damaged goods have been received by the Customer. Discontinued or Clearance
stock items are not eligible for return under any circumstances. Goods returned
must be in the original condition as sent, items must be in original packaging
and not worn, laundered, soiled, altered, damaged, labeled or personalized or
they will not be accepted for credit. In the case where a Credit is applied, the
customer agrees to redeem the Credit within 12 months from the return date of
the Returns Authorisation. Refunds will not include shipping charges or express
fees. Exchanges will incur additional shipping charges. A 20% or $50.00 + gst
(which ever is the greater sum) administrative charge will be applied on any
refund, exchange or credit on all returned goods to cover the costs involved
with us providing this service. Refunds, Exchanges or Credits will not be agreed
to prior to the TUSS supplier approving the return and crediting TUSS the monies
which were originally paid for the goods by TUSS to fulfill the Customers order.
This means that unless TUSS can claim a credit from our supplier, you the
customer will be unable to claim a credit, refund or exchange according to our
suppliers conditions of trade. Claims on faulty goods will be considered within
7 days from date of supply. If it is considered that the faulty good is the
responsibility of TUSS or a supplier which TUSS, in its sole judgment and
discretion considers to be faulty then at the discretion of TUSS may either
replace the goods or the customer may be reimbursed. TUSS may, from time to
time, issue guidelines for the return of items claimed by the Customer to be
faulty & will not entertain any claim in respect of goods claimed to be
faulty not made in accordance with such guidelines. TUSS reserves the right to
change such guidelines without notice. TUSS can not accept returns for refund or
credit/exchange for the following labels; John Kevin, City Collection, Visitec,
Urban Nature, Keval, Ramo Shirts, Biz Collection Shirts, Gear For Life Shirts or
shirts sent in packaging as these manufacturers do not accept returned items and
therefore TUSS must unfortunately pass this ruling on to our customers. Should
you send item(s) back for refund, credit or exchange and they are not in the
original packaging, TUSS has the right to refuse acceptance of the goods or will
charge a $15 repacking fee to cover the costs involved with packaging material
and staff labour.
Sizing - At no point are TUSS responsible
for the way in which a customer interprets the size charts as supplied by our suppliers and displayed on the website. TUSS staff may instruct ways in which to determine the most suitable sizing method but these instructions can not be held as liable unless TUSS staff are present during the actual sizing and/or fitting. Without TUSS staff actually being present at time of fitting or sizing, it is impossible for TUSS to accept accountability for how a customer interprets or attempts to measure for sizing. For this reason, TUSS recommends using our sample service before actual ordering of uniforms. At no time can branded stock be returned for exchange or credit due to incorrect sizes orders unless sizes ordered are found to be faulty by actual manufacturer.
Risk
- 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. TUSS
accepts no risk liability on any order sent to a third party.
Reservation
of Title - Not withstanding that Risk in the goods shall pass to the account
holder Customer as herein provided, the full legal and beneficial title to and
ownership of the goods shall be retained by and remain with TUSS absolutely,
until the whole of the monies due under the invoice are paid for in full. Unless
TUSS shall otherwise specify in writing, each item sold by TUSS to the Customer
shall be and remain the property of TUSS until the Customer has paid all that is
owing to TUSS for the goods. Until the date of payment the Customer is required
to store the goods in such a way that it is clearly the property of TUSS. Should
the Customer default in payment, by adopting whatever lawful means may be
necessary where ever such goods may be located and TUSS shall have the right
themselves or by their servants, employees, agents, or authorized
representatives to enter the Customers premises and retake possession of and
permanently retain any unpaid goods and revoke all liability of TUSS to the
Customer on the sale and delivery of such goods. The account holder Customer
hereby acknowledges that TUSS have a lieu over all goods in possession of the
account holder Customer which belong to and are owned by the account holder
Customer to secure payment of any monies due to the suppliers. In the event of
resale of the goods, including any mixed goods, by the Customer to a third
person, all goods are sold as agents of TUSS and the Customer shall account to
TUSS for any money received.
Delivery
- TUSS will endeavor to deliver within the time so specified but in no
circumstances will be liable for any loss or damage of any kind whatsoever
caused directly by and delay in or failure of delivery by either TUSS or by the
contracted freight company employed to delivery the parcel(s).. In the event of
any delivery of service to be made by TUSS being delayed by floods, war,
accident, fire, perils of the sea or river, transport delays, influx of orders,
failure of manufacturers of other suppliers to TUSS or any other cause of
contingency ceases to affect the same TUSS will not be responsible for
consequences of any delay in delivery resulting from any cause or contingency.
Please note that the web site prices are set to E-Parcel rates. Though we try to
keep our prices as close to these rates as possible, prices are subject to
change without notification. Should your order show a freight cost of less than
$14.95, we will override this price as our mininum freight cost is $14.95. This
allows us to cover the costs associated with ordering your stock in from the
supplier, time spent unpacking and repacking for you as well as outgoing
dispatch costs.
Garment
Quality - Garment
material may differ from time to time in weight and colour. This is considered
the norm according to International standards as colours may slightly vary due
to seasonal influences. Material will always exceed advertised weight but weight
variance is common and acceptable. TUSS can not take any responsibility for
garments that appear slightly different as this is acceptable to a degree. 100%
polyester garments are prone to pulling of threads. Please check garments
carefully before wearing as once worn, we will not accept 100% polyester
garments back for reasons of pulled thread. The reason is that this may occur
during normal wearing and we can not be responsible for wearers care. Garment
fabric by nature is not dsigned to have the additional stresses of embroidery
threads put on them. For this reason some garments are more prone to embroidery
pull-stress and may cause the embroidery to appeared bunched or pucking to a
degree. This is potentially the case with business shirts or garments of similar weight and feel. Unfortunately such occurances are outside of our control and as such, a)
Pucking on garments caused by embroidery is considered normal and acceptable and
b) TUSS will not be held responsible for any such pucking as such fabric
reactions are outside of our control, though every care and consideration is applied by our production team to try and prevent or minimalise this from occuring.
American
Express - American Express cards will be subject to a 3.5% fee as charged by
amex. This fee will be added to your invoice
Price Matching - TUSS will price match a competitors quote once you have supplied to us the quote and we have had time to view their terms and conditions as well as services offered. Please note for us to price match we need the order to exceed 10 units.
Acceptance
of Terms - When the Customer clicks "Accept" on the web site during the ordering
process, you are stating that you have read the terms and conditions and fully
understand our terms and accept them. At no time is TUSS responsible for
customers failing to operate within these terms.
|