Terms and Conditions of Sale
1. All orders placed are subject to acceptance by R.G. Elsegood (Sales) Pty Limited (“the Company”)
2. The Company reserves the right to cancel without liability attaching to it, designs or fabrics which in its sole judgement are or will be or are likely to be unsatisfactory during the process of manufacture.
3. The Purchaser (“the Customer”) shall rely on its own judgement and skill in all respects and shall satisfy itself as to the condition, quality and suitability of the goods and their fitness for the purpose(s) for which the Customer wishes to use them.
4. The Customer shall prior to cutting the fabric check that all deliveries by the Company are correct and advise the Company of any discrepancies.
5. The Customer acknowledges that colours within a season’s range of fabrics will blend but may not match.
6. All claims must be made before cutting the goods or within 14 days of receipt of goods.
7. Claims are limited to the invoiced price of the goods and the Company shall not be liable for any costs or losses including claims against the Customer.
8. Returns will be accepted only of uncut fabric and only when prior arrangement has been made with the Company.
9. No claims or returns will be accepted in relation to discounted or sample goods.
10. The Customer shall notify the Company of any changes in the particulars set out in the Credit Application without delay.
11. The Customer indemnifies the Company against any loss incurred owing to the Customer’s failure to give notice to the Company as aforesaid.
12. Goods delivered by the Company shall be invoiced to the Customer on separate tax invoices at the agreed selling price either plus GST or inclusive of GST as shown on the invoice GST [ Goods and Services Tax applicable for Australia ONLY.]
13. The Customer shall pay the amount shown on the invoice including GST [Australia only] for all goods ordered by the Customer or its employees or agents or other persons on its behalf within 30 days of the date of the Company’s statement unless otherwise agreed.
14. The Customer agrees that any amount not paid by the due date shall bear Administration Fees of 1.5% per month plus 10% GST. The Customer also agrees that credit facilities may be withdrawn or varied and the Company may refuse to deliver further goods if any amount is outstanding beyond the agreed trading terms.
15. Credit facilities may be withdrawn or varied on any overdue or non-trading accounts at the discretion of the Company.
16. The Customer shall provide copies of their current trading accounts and financial statements within thirty (30) days of request by the Company.
17. Property in the goods shall remain with the Company and shall not pass to the Customer unless and until the goods have been paid for. The Customer shall not alter the goods and must keep the goods clearly labeled until they have been paid for. Until the goods have been paid for the Company shall be entitled to enter any premises in which the goods are stored and seize the goods.
18. In the event that the Customer alters the goods prior to payment the Customer shall hold such part of the proceeds of the sale thereof equal to the amount owing to the Company in trust for the Company.