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SUPPLIERS TERMS AND CONDITIONS OF TRADING
(“The Suppliers Trading Terms”)
- PAYMENT OF ORDERS ACCOUNTS
* All orders are firm irrevocable and non-cancellable by the applicant and must be paid for in full within 14 days from date of invoice. Where payment is not received within 14 days of invoice the order may be cancelled by and at the discretion of the Supplier and in such event the applicant will be liable from the date of notice of the Cancellation to a cancellation fee equivalent to 20%of the invoice costs or $50 whichever is the greater.
* All other orders must be paid within 30 days of date of invoice (“the Payment Period”) and where payment in full is not received by the supplier prior to the expiry of payment period then the Applicant shall be liable to pay interest on the amount outstanding as at the expiry of payment period at the rate of 2% per month until the payment in full is received by the Supplier. The Supplier here by is irrevocably authorised to allocate the payment of any monies received from time to time from the applicant towards any with the Supplier by the Applicant.
* All Prices quoted shall be exclusive of Goods and Services Tax (“GST”) will be payable on the sale price on payment of the Invoice.
- PROPERTY IN AND DELIVERY OF GOODS
(a) The Goods supplied by the supplier to the applicant shall be at the applicant’s risk immediately on delivery to the applicant or into the applicant’s custody or immediately upon delivery as directed by the applicant.
(b) Not withstanding that the risk of loss or damage to the goods passes to the applicant in accordance with sub-paragraph (a), property in and ownership of goods shall not pass to the applicant until supplier shall have received payment in full for the goods.
(c) An act of default of this contract shall be deemed to occur in the event of any of the following (and any of the acts described in sub parts (e)(i) to (iv)) below are herein collectively referred to as “Act of Default”(i) The applicant failing to make payment in full for the goods within 30days from the date hereof (ii) the applicant, if required here and, failing to insure the goods from the date of delivery thereof by the supplier and to provide evidence of such insurance of the supplier.(iii) Any distress or execution being levied upon the applicant’s goods or property.(iv) the applicant, being a company, becoming unable to pay its debts as they fall due, offering to enter into any scheme of arrangement with its creditors, the passing by the board of directors of the applicant of any resolution to wind up the applicant, the filing of any petition to wind up the applicant or the appointment of administrator or receive/manager in respect of the applicants, in the case of natural person, being declared bankrupt.
(v) Immediately upon the applicant committing any ACT of default any right to sell the goods on which the title to property remains vested in the suppliers small cease for with and the applicant shall upon the happening of any act of default immediately place all the goods then remaining in its possession or under its control at the disposal of the supplier and the supplier is hereby irrevocably authorised by the applicant to nominate a person to enter the applicants premises during normal business hours of repossessing such of the goods still in possession or under the control of the applicant and where necessary to use more reasonable force to liberate and take possession of goods. Where the goods are stored in a warehouse conducted by a person other than the applicant with the authority in the name of the applicant to direct the warehouseman to release any of supplier’s goods whether or not the payment period has expired and then supplier shall be at liberty to resell the goods in the repossession of the same pursuant to this clause.
(d) Until the full amount of the goods is received by the supplier, the applicant: –
(i) Shall maintain and keep full and up to date records of the goods supplied by the supplier including those goods on-sold by the applicant.
(ii) Hereby irrevocably authorised the supplier to enter its premises during normal business hours from time to inspect the residue of goods remaining unsold by the applicant, the applicants record relating to the goods and also to inspect the accounts inclusive bank accounts into which the proceeds of sake of that part of the goods already sold are by this clause required to be deposited ending payment to the supplier.
- MISCELLANEOUS PROVISIONS
(a) It is expressly agreed that any action, suit, dispute or proceedings arising from or in connection with the sale of goods pursuant to this agreement or any matter between the parties here to may be instituted, heard and determined in a court of competent jurisdiction in the state of victoria of such other state of Australia nominated in writing by the supplier and each party irrevocably submits to the exclusive jurisdiction of such court for the purpose of any such dispute, action, suit or proceedings.
(b) The applicant hereby irrevocably authorizes (i) the supplier from time to time, in order to assess any application for credit, to obtain information about the applicant from any credit provider named in this application and also the Reed Gift Fairs and Australian gift and home wares association limited. (ii) To provide any information contained on this credit application form and also details of the performance the applicant in compliance with the trading terms and condition herein to credit providers, credit agencies and to the Australian gift and home wares association limited. The applicant further authorises the latter company to make such information available to other credit providers.
(c) Freight and transport costs from the supplier nominated warehouse and in-transit insurance incurred in respect of the goods are the responsibility of the applicant and are not included in the invoiced price of the goods.
(d) The word “goods” shall be deemed to refer to any goods obtained by the applicant from the supplier from time to time pursuant to this agreement.
- WARRANTY and REFUNDS
(a) Returns & Refunds: At The Design Edge all our products are custom made so we do not entertain Returns and Refunds. In case you have incorrectly ordered and the styles are not custom made as per the TDE discretion a 15% re-stocking fee will be deducted from your refund. Please contact our head office and if agreed upon by a member of our team the product must be returned in its original condition (unworn, unmarked, within the original packaging).
(b) Return Postage: Shipping/Handling and Bank Charges are non refundable. Customers will be responsible for the return shipping and handling charge.
(c) Warranties: We provide a six-month manufacturing warranty on all products.
Please note Cowhide Hair fall is not covered under warranty.
IMPORTANT NOTICE TO THE APPLICANT FOR CREDIT (SECTION 18(B)(C) PRIVACY ACT1988)
Please Read Carefully
The supplier may give information about you to a credit reporting agency but only limited kinds of information allowed by the privacy act. This includes Identity Details-this only included your name, sex, date of birth, current known address, two immediately previous addresses, your current or last known employer, your driver’s licence number, the fact that you have applied for credit and the amount the fact that supplier is a credit provider to you, payments overdue for at least 60 days which the supplier has taken steps to recover. Advise that payments are no longer overdue, cheques drawn by you which have been dishonoured more than once. The opinion of the supplier that you have committed a serious credit infringement and when provided to you has been changed.
COWHIDE & LEATHER
Genuine leather, cowhide and suede are all natural products making each of our items have a unique appearance in colour, feel, markings and texture. There are colour variations in different lots of leather and no two pieces can look the same, also please be aware that with continuous use some malting may occur and this uniqueness creates a distinct appearance – Making your item special!
To prolong the life of your cowhide or leather product, please treat your item very delicately by avoiding: - Excessive rubbing - Rough surfaces - Areas containing high moisture - direct sunlight. In cowhide products- hair fall is natural and may occur.