TERMS AND CONDITIONS OF SALE
These terms and conditions (together with the information provided on the Katrina Trading Company invoice) form the entire agreement between Katrina Trading Company (ABN 72 001 317 915, address PO Box 153, Sylvania, NSW 2224 , Ph: 02 9829 2222, Email: T&C@katrinatrading.com.au) and the purchaser with respect to the products or service’s provided. The Purchaser means the person named in that invoice, order or quotation. This agreement can only be modified if expressly agreed in writing by both Katrina Trading Company and the Purchaser. No prior correspondence, discussion or other terms and conditions form part of the agreement unless so stated herein. Purchaser with respect to, the products or services supplied. The Purchaser means the person named in the order, invoice or quotation. This agreement can only be modified if expressly agreed in writing by both Katrina Trading Company and the Purchaser. No prior correspondence, discussion or other terms and Conditions form part of the agreement unless so stated herein. Unless a quotation expressly varying these terms or conditions has been issued by Katrina Trading Company to the Purchaser, by accepting delivery the Purchaser agrees to the supplying of products or services by Katrina Trading Company on these terms and conditions.
1.TAXES AND DUTIES
Unless otherwise stated, all prices quoted by Katrina Trading Company are net, but exclusive of goods and services tax. Prices are subject to change according to changes that may occur in prevailing rates of duties, or goods and services tax. The Purchaser must pay any goods and services tax which is invoiced by Katrina Trading Company.
2. GOVERNING TERMS AND CONDITIONS
These are the only terms and conditions which are binding upon Katrina Trading, with the exception of those otherwise agreed in writing by the Katrina Trading which are imposed by a statute such as the Competition and Consumer Act 2010 (Cth) and which cannot be excluded. Any direction by any Buyer either verbal or written to procure goods or services from the Katrina Trading will be deemed as acceptance by the Buyer of these terms and conditions, despite any provisions to the contrary in the direction or any purchase order issued by the Buyer.
3. PRICES AND PAYMENT
Prices for products or services supplied shall be as quoted by Katrina Trading Company and confirmed in writing with the Purchaser. Payment is to be made in full prior to delivery unless the Purchaser has prior credit arrangements with Katrina Trading Company. Any credit arrangements, which the Purchaser has with Katrina Trading Company is hereby incorporated into this agreement unless otherwise agreed in writing with Katrina Trading Company. Katrina Trading Company credit terms provide that all payments shall be made within 30 days, from end of month invoiced. If the Purchaser fails to make payment in accordance with these terms, all amounts owing by the Purchaser to Katrina Trading Company on any account shall immediately become due and payable. Interest shall be paid by the Purchaser on late payments, at the rate of 18% pa from the due date, a monthly late payment fee of $25.00 will be charged until Katrina Trading Company receives payment in full. In addition to its rights at law, Katrina Trading Company shall be entitled to cancel the agreement or discontinue supply of products or services if payment has not been made in accordance with these terms. A 2% charge will apply for credit card transactions.
4. CANCELLATION AND RETURNS
This agreement, or any order or part thereof subject to this agreement may be modified or cancelled by the Purchaser only with the written consent of Katrina Trading Company and only on terms which will indemnify Katrina Trading Company against any loss, expense or damage. It is the Purchaser’s responsibility to check goods carefully for faults or correct colour and sizing of goods supplied prior to embroidery. Orders for non-standard products being those specially made or ordered by Katrina Trading Company for the Purchaser are non-cancellable and non-returnable. Products may only be returned for credit if so agreed in writing with Katrina Trading Company. Such products returned for credit must be returned to Katrina Trading Company, in the original packaging and in new condition, with packing slip and invoice number within 14 days of delivery, and if not returned within this time will be deemed to be accepted by the Purchaser. With the exception of products that are faulty or have been incorrectly shipped by Katrina Trading Company, products returned for credit may be subject to a 15% handling charge. Please email your inquiry to: email@example.com prior to returning the garment and please include a picture of the problem we will then contact you with the return authorisation.
5. DELIVERY AND SHIPMENT
Delivery shall be subject to reasonable notice from the Purchaser to Katrina Trading Company and confirmation of delivery times by Katrina Trading Company the Purchaser shall not be relieved from any obligation to accept or pay for the products or services by reason of any delay in delivery. Any delivery times advised to the Purchaser are estimates, given in good faith by Katrina Trading Company. Katrina Trading Company shall not be liable for any loss, damage or delay whatsoever or however occasioned to the Purchaser arising from late delivery or supply of the products or services. Katrina Trading Company reserves the right to make a reasonable charge for storage, if delivery arrangements or instructions are not given to Katrina Trading Company by the Purchaser within seven days of a request by Katrina Trading Company for such information, or alternatively sell the products or services to other purchasers. Katrina Trading Company reserves the right to deliver by installments. Handling charges of $10 will be added to the price for orders of less than $100, or where Express freight or special packaging is required. Backorders retain same freight payment status as the original order when it was placed. Katrina Trading Company shall not be responsible for any loss or damage to products during delivery where a carrier, other than a carrier nominated by Katrina Trading Company delivers product. F.O.T. Ingleburn.
6. RIGHTS IN RELATION TO PRODUCTS
The risk in relation to the products shall pass to the Purchaser on despatch / delivery but title to the products will only pass to the Purchaser when the products are paid for in full. Until the products are fully paid for by the Purchaser, Katrina Trading Company shall:
(i) retain title to the products.
(ii) be entitled to require the Purchaser to return any unsold products within 7 days of Katrina Trading Company giving notice requiring such return.
Products resold, or the sale of products manufactured using the products, are sold by the Purchaser as fiduciary agent for Katrina Trading Company and if Katrina Trading Company has not been fully paid for the products, the Purchaser shall hold the proceeds of any such sale on trust for Katrina Trading Company and shall pay such amount to Katrina Trading Company upon request. Nothing herein shall limit or exclude the remedies available to Katrina Trading Company at law.
7. PERFORMANCE AND DESCRIPTION
Any product description or other particulars associated with or given in a quotation, descriptive literature, catalogue or other information by Katrina Trading Company may be subject to change without notice. Advice, performance criteria, information or the like given by Katrina Trading Company whether in relation to its own or a third party's products or services, are given in good faith. Any liability thereby arising will be limited in accordance with Clause 8 of these terms and conditions The Purchaser hereby acknowledges that it has satisfied itself as to the suitability of the products or services for the Purchaser's particular purpose or use, and will ensure the products or services are safe for the intended purposes.
8. INTELLECTUAL PROPERTY
In the event any claim is made arising out of or in conjunction with the Purchaser's action for infringement of intellectual property rights relating to the products or services, Katrina Trading Company shall have the right to suspend further sales and deliveries to the Purchaser until proper disposal of any and all such claims. In no event shall Katrina Trading Company be liable for any damages, costs or expenses by reason of any such claims, suit proceeding or demand. The Purchaser acknowledges the proprietary interests, which Katrina Trading Company has in any trademark and trade name, which are or may be used in connection with the products or services. All such trade marks and trade names are and shall remain the sole property of Katrina Trading Company. The Purchaser shall not without the prior written consent of Katrina Trading Company, register any trade marks and trade names which are or may be used in connection with the products or services. The Purchaser shall not register any where, any trade marks or trade names which are the same as or similar to any trade mark or trade name of or used by Katrina Trading Company.
(1a) Katrina Trading Company agrees in respect of products manufactured or services provided by it to make good any defects by repairing the same or at Katrina Trading Company option replacement or payment of an amount equal to the cost of repair or replacement, within a period. End User supply or installation, provided that Katrina Trading Company considers defects have arisen solely from faulty material or workmanship. In which case Katrina Trading Company will pay your reasonable expenses of claiming under this warranty. You may submit details and proof of your expense claim to Katrina Trading Company for their consideration.
(1b) The products have not been subjected to maltreatment, or interference. The failure or defect has not been the result of inattention or misapplication by the Purchaser.
(1c) Instructions specified are strictly complied with and the products have been used or operated in the conditions and for the purposes specified.
(1d) Other, products and accessories used by the Purchaser in conjunction with the products or services are manufactured by or approved by Katrina Trading Company;
(1e) The defective parts are promptly returned to Katrina Trading Company.
(2a) In the case of products or services supplied but not manufactured by Katrina Trading Company, the the Purchaser in lieu of any other warranty thereof shall accept guarantee of the manufacturer herein and is the only express guarantee given to the Purchaser in respect of the products or services;
(2b) To the maximum extent permitted by law Katrina Trading Company liability for breach of the express warranties provided herein, for breach of statute, for breach of conditions or warranties implied by law which cannot be excluded, or for breach of a duty of care, is strictly limited in the case of supply of products to repair of, the replacement of or payment for, the products, or at Katrina Trading Company option an amount equivalent to the cost of supply of the service or an equivalent service, and will be reduced by the extent of any contributory negligence of the Purchaser.
(2c) To the maximum extent permitted by law, Katrina Trading Company excludes liability for any incidental, indirect, special or consequential losses or damages or economic losses including but not limited to loss of clientele, loss of business revenues or loss of profits in relation to the supply of products or services by Katrina Trading Company whether arising out of breach of the express warranties provided herein, express or implied warranties, breach of statute, breach of any duty of care or in any way whatsoever to any person, corporation or other entity.
(3) Any claim under this Warranty for faulty goods must be made within 3 months if Industrially Laundered or 12 months if Home laundry both of course following the washing instructions found in the left inside seam or inside left hand side inner pocket in the case of a reversible garment. To make a claim under the warranty take the product with proof of purchase to the store where you purchased it.
(4) This warranty is provided in addition to other rights and remedies you have under law: Our goods come with guarantees which can not be excluded under Australian Consumer Law. You are entitled to replacement or refund for a minor failure and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods are Judged by a suitably qualified person that they fail to be of acceptable quality and the failure does not amount to a major failure.
The Purchaser indemnifies Katrina Trading Company against any liability, loss, claim, expense or demand arising from any false, misleading, deceptive or untrue representation or statement made by the Purchaser to any person concerning the products or services supplied under this agreement. The Purchaser acknowledges that it shall not use the Katrina Trading Company logo or brand names in the Purchaser's advertising without first obtaining consent in writing to do so from Katrina Trading Company.
11. DEFAULT OF THE PURCHASER
If the Purchaser commits an act or omission in breach of this agreement or makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation or a receiver or administrator is appointed of any property or assets of the Purchaser or the Purchaser ceases or threatens to cease to carry on business or Katrina Trading Company reasonably apprehends that any of the events mentioned above are about to occur then (without prejudice to any other right or remedy available to Katrina Trading Company) Katrina Trading Company may cancel this agreement or suspend further sales or deliveries without any liability to the Purchaser and if the products or services have been delivered but not paid for, the price shall become immediately due and payable notwithstanding the terms of this agreement or any other agreement to the contrary.
12. FORCE MAJEURE
If Katrina Trading Company is unable to perform in whole or in part any obligation under this agreement by reason of any fact, circumstance, matter or thing beyond the reasonable control of Katrina Trading Company including acts of God fire, flood, government actions, strikes, lock outs, raw materials shortages, accidents or breakdowns of plant or equipment Katrina Trading Company shall be relieved of its obligations under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to any party in respect of such inability.
13. CONFIDENTIAL INFORMATION
If at any time Katrina Trading Company discloses to the Purchaser or the Purchaser becomes aware of confidential information of Katrina Trading Company including confidential information relating to products, material procedures, tests or equipment, the Purchaser shall not use the information for any purpose not approved by Katrina Trading Company and shall not disclose that confidential information to any other person unless expressly agreed in writing by Katrina Trading Company.
Unless otherwise stated all pallets or containers delivered with the products remain the property of Katrina Trading Company and shall be returned in good order and condition to Katrina Trading Company.
Samples of product developed for a specific Purchaser, shall be at the Purchaser's expense and cannot be returned for credit.
16. PLACE OF CONTRACT - GOVERNING LAW
This agreement is made in New South Wales and shall be governed and construed with the laws in force in New South Wales.