WOMEN, MEN, ACCESSORIES & SWIM
Amee Boers Fashion Agency Digital Showroom
Amy BoersFounder/Sales Director
All goods are sold BY the AMEE BOERS FASHION AGENCY (hereinafter the “Supplier”) acting as agent for the proprietor(s) showcased in this showroom, TO the person on whose behalf this application is made (the “Customer”) subject to the following terms and conditions (“Trading Terms”).
- Conditions applicable
1.1. Each order constitutes an offer by the Customer and is subject to acceptance by the Supplier, and may be accepted in whole or in part and may be declined.
1.2. Any instructions received by the Supplier from the Customer for the supply of Goods and/or an acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
1.3. The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”). Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the states and Territories of Australia, except to the extent permitted by those Acts where applicable.
1.4. No variation to these Trading Terms (including special terms and conditions agreed between the parties) shall be applicable unless evidenced in writing by the Supplier.
- Price and Payment
2.1. The prices charged (unless a prior written quote has been given) shall be those prices prescribed by the Supplier at the date of delivery or as indicated on the invoice or the current Supplier price list.
2.2. Recommended resale or retail prices appearing in any price list or publication are recommended prices only and there is no obligation on customers to comply with such recommendations.
2.3. The Supplier reserves the right to change the price prior to acceptance in which case the Supplier must notify the Customer who in the case of an increase may then cancel the order in writing within 48 hours of such notification.
2.4. Unless agreed to the contrary a 40% deposit of the Order Value will be required for an Order to be considered for acceptance
2.5. Full payment for the balance of the invoice shall be due prior to dispatch. Time for payment is of the essence.
2.6. Payment shall be made by cash, bank cheque, EFT,(Supplier Bank details can be given upon request), or by any other method as agreed to between the Customer and the Supplier.
2.7. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment, at a rate of 2.5% per month and pro rate for part months.
2.8. Supplier may at any time alter, suspend or withdraw credit terms, refuse delivery, or cancel unfilled orders and refuse payment by cheque when in its opinion (reasonable or otherwise) the financial condition of Customer or the status of Customer’s account warrants it.
- Delivery of the goods
3.1. Dates or times indicated by the Supplier are approximate only and are not a guarantee of delivery by such date or at all. If an order covers a number of items, the Supplier may make part deliveries in respect of all or any such goods in which event the normal terms of payment shall apply for the goods so delivered and no claim shall arise in respect of the shortfall. Goods placed on back order shall be supplied immediately they are available unless prior written advice of cancellation is received from the Customer.
3.2. Unless the Customer otherwise requests in writing at the time of placing an order for goods:
a. The Customer will be deemed to have requested the Supplier to deliver the goods to the Customer’s premises, or such premises as are nominated by the Customer, in consideration of payment of the Supplier’s freight charges applying at the time of delivery
b. The Customer will be deemed to have authorised the Supplier to deliver the goods to the address nominated by the Customer on the order from (of otherwise nominated to the Supplier’s satisfaction); and
c. The Supplier shall be presumed to have delivered the goods to Customer’s premises in accordance with these Trading Terms if at the address it obtains from any person (being either the Customer or a person apparently in the employ of the Customer) a receipt or signed delivery docket for the goods.
3.3. The Supplier may subcontract to any person on any terms the whole or part of the delivery of goods to Customer.
3.4. The Supplier shall not be liable for any claim for defective goods or for shortages in quantity of goods delivered unless the claim is made in writing within 7 days of the date of delivery of the order and unless the invoice number is quoted on the claim.
- Warranties and liability
To the extent permitted by law, no warranty is given by the Supplier as to the quality or suitability of the Goods for any particular purpose; and any implied warranty is hereby expressly excluded.
- Title and risk
5.1. The Supplier shall not be responsible for any loss or damage arising to the Goods after delivery to the Customer.
5.2. Ownership in any Goods purchased by the Customer shall not pass fully to the Customer until the Customer has paid in full for the Goods in question; pending which the Supplier shall retain a lien on such all such Goods, notwithstanding which the Risk in all Goods shall pass to the Customer upon delivery.
5.3. The Supplier shall be entitled, at any time when any payment having been demanded remains overdue, to enter the Customer’s premises or (as agent of Customer) any premises where the Supplier’s goods are located and to take possession of the Supplier’s goods without liability for trespass or any other compensation. Retaking of possession of the Supplier’s goods shall not affect any other rights of the Supplier against the Customer for breach of contract. Until all debts due by the Customer to the Supplier are paid in full, the proceeds of any sale shall be the property of Supplier. Where unpaid Goods have been sold or destroyed the Supplier shall be entitled to trace any sale or insurance proceeds, which shall be kept by the Customer in a separate account and paid to the Supplier as soon as practicable after receipt.
- Customer acting as agent for Supplier.
By agreement evidenced in writing between the parties, the Customer may sell the Supplier’s goods AS AGENT for the Supplier for commission to be agreed or otherwise on bona fide commercially reasonable terms. In such circumstances the Customer may not in any other way act as agent for the Supplier, and the Supplier shall not be bound by any other executory contract with a third party entered into by the Customer. The Customer shall store such Supplier’s goods separately or in a manner which clearly identifies the goods as the Supplier’s goods.
- Returns and Defects
7.1. The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) in writing notify the Supplier of any alleged defect (including shortage in quantity or failure to comply with the description or quote); failing which Goods shall be deemed free of any defect or damage, and the Supplier will have no further liability in respect there of which notification. The Customer shall afford the Supplier an opportunity to inspect the defective Goods within a reasonable time following such notification.
7.2. Where the Supplier agrees in writing that the Goods are defective and that the Customer is entitled to reject them (“Returns”), the Supplier’s liability is limited to (at the Supplier’s discretion) replacing or repairing the Returns EXCEPT where the Customer is a consumer within the meaning of the Trade Practices Act 1974 (CWith) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore, in addition, entitled to elect for a refund
7.3. Returns will only be accepted provided that:
a. the Customer has complied with the provisions of this clause 7; and
b. the Supplier has agreed in writing to accept the return of the Goods; and
c. the Goods are returned at the Customer’s cost within fourteen (14) days for the delivery date;
d. the Supplier will not be liable for Goods which have not been stored in a proper manner;
e. the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
8.1. The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any sums paid in respect of the Price. The Supplier shall not be liable for any direct or indirect costs losses or damages whatever arising from such cancellation.
8.2. The Customer may by notice in writing to the Supplier cancel or amend any order or a part thereof within seven (7) days of placing it. In the case of cancellation or amendment to an order or any part thereof later than seven (7) days after the date of the order the Customer shall be liable
(i) to forfeit the deposit paid in respect of the Goods cancelled and
(ii) to a cancellation charge equal to forty (40%) percent of the Price to cover production costs incurred by the Supplier up to the date of cancellation.
- Proper law of contract
These Trading Terms shall be interpreted in accordance with the laws of the Australian state of New South Wales.