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 written “Authorisation Form”
from TUSS. TUSS shall not accept the return of goods unless such goods are
returned to TUSS within 7 days of the receipt by the Customer. Goods returned
must be accompanied with a copy of the relevant invoice number. 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 10% or $30.00 + gst (which
ever is the greater sum) administrative charge will be applied on any refund on
all returned goods or exchanges to cover the costs involved with us providing this service. Refunds or Credits on Authorised Returns will not be given
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. 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 and Keval
as these manufacturers do not accept returned items and therefore TUSS must
unfortunately pass this ruling on to our customers.
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.
Clerical
Errors - Clerical errors are subject to correction without notifications.
Guaranteed Lowest Prices - If you find a
better advertised price anywhere in Australia, we will beat the difference by
10%! Prices must be published on the internet site of the competitor, quote or
printed brochure or, formal quote with ABN Number on display. Competitors
uniform company must be established and residing in Australia and products must
be identical.
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
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