“Company” collectively means each of Workwear Warehouse ABN 94 229 397 884 and reference to the Company is a reference to the respective entity which contracts to supply goods or services to a Customer. “Customer(s)” means any person, firm, company, government body or other entity which the Company contracts to supply goods or services.
All orders for goods or services from Customers which may be accepted by the Company are accepted on the following conditions (the “Conditions”). Any conditions of purchase offered by Customers which purport to add to or are otherwise inconsistent with the Conditions shall be deemed to be waived by the Customer upon placement of an order by the Customer with the Company unless such conditions of purchase are expressly agreed to by the Company in writing.
No order accepted by the Company (in writing, orally or by conduct) may be cancelled or deferred by the Customer without the prior written consent of the Company.
2. Quotations and Published Prices
Quotations issued by the Company are open for the Customer to whom the quotation is addressed to place an order within 30 days from the date of quotation (unless a shorter period is expressly provided for in the quotation or the quotation is withdrawn by the Company) and such orders are subject to acceptance by the Company in accordance with Clause 1.
The issue of a quotation and other publication of prices by the Company do not constitute offers to supply, and are subject to changes in the costs of raw materials, exchange rate fluctuations or other increases in the cost to the Company of supplying the goods or services.
Quotations and orders placed by Customers on such quotations are based on the information and details provided by the Customer to the Company. Where exact specifications of the scope, nature or extent of the work are not available to the Company at the time of providing a quotation, such quotations are estimates only.
In the event the scope, nature or extent of the work required to be undertaken by the Company to produce the goods or provide the services change or the Customer requests any changes to be made, the Customer will be responsible for and pay for all extra costs and charges associated with such changes.
The Company reserves the right to vary the prices charged from time to time without prior notification. Published and quoted prices are (unless otherwise indicated) for the sale of goods or provision of services Ex Works the Company’s premises and are exclusive of any applicable goods and services tax and any applicable taxes and duties and costs and charges associated with the carriage and insurance of goods, and all such items shall be included as an additional item in the invoiced price.
The Company shall be entitled to increase the price for goods and services if there is an increase in the cost to the Company of supplying the goods or services or an error by the Company in calculating the price.
Goods and services (including, without limitation, changes in the scope, nature or extent of work) will be invoiced at the price ruling at the date of delivery.
All goods to be paid for upon ordering
5. Supply and Delivery
Workwear Warehouse will endeavour to deliver all goods (orders) as requested on time but are not responsible or legally liable for any delays in delivery to the purchaser. Signature of any delivery note by any agent, employee or representative of the Customer (or where delivery is to the Customer’s carrier, by such carrier or its agent) shall be conclusive proof of delivery.
The Company will render to the Customer such reasonable assistance as may be necessary to press claims on carriers provided the Customer must have notified the Company and the carrier in writing immediately if any loss or damage is discovered on receipt of goods and must lodge a claim on the carrier within 3 days of the date of receipt of the goods.
Whilst the Company endeavours to effect deliveries or execute orders by the requested or estimated date, the Company shall not be liable for any loss or damage whatsoever (including, without limitation, special or consequential loss or damage) caused directly or indirectly by any early delivery or delay or failure to deliver.
The Customer acknowledges that due to the nature of the goods and services supplied by the Company reasonable tolerances and variations in the quality, sizes, finishes, weight, measurements, fabrics, materials, designs, patterns, shades, tints, colours, shrinkage and other specifications of the goods and services may occur, and the Customer agrees to accept same.
If the Customer intends to print, embroider or otherwise alter ordered goods in anyway, the Customer is encouraged to test the goods actually delivered prior to printing, embroidering or otherwise altering in anyway, as the Company will not be liable for or accept for return any goods which have been printed, embroidered or otherwise altered in anyway.
Goods and services are guaranteed to be free of defects in material and workmanship at the time of delivery, taking into account reasonable tolerances and variations of the type referred to in Clause 8. Should any such defect exist at the time of delivery, which in the Company’s opinion is due to faulty materials or workmanship the Company undertakes to replace or any such defective goods or services without charge, provided the goods have not been tampered with, repaired by persons other than the Company.
Subject to the preceding paragraph of this Clause , the Customer agrees that the liability of the Company (which cannot be limited beyond the following provisions) is limited to:
a) In the case of the supply of goods, any 1 or more of the following (at the Company’s option):
i. the replacement of the goods.
ii. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
b) In the case of the supply of services, any 1 or more of the following (at the Company’s option):
i. the supply of the services again; or
ii. the payment of the costs of having the services supplied again.
Without reducing the effect of, and subject always to, the preceding provisions of this Clause, in no event will the Company be responsible for printing, embroidery or other alterations made to goods for or on behalf of the Customer, and the Company’s total aggregate liability (if any) to a Customer for any particular order for the supply of goods or services by the Company to the Customer will not, in any event, exceed the amount invoiced by the Company to the Customer for the said order.
Claims for shortages must be made in writing within 48 hours of delivery of goods and any shortages must be indicated on the delivery note at the time of delivery, failing which any such claim shall be deemed to be waived by the Customer.
10. Goods Return Policy
Goods may only be returned if they are damaged (prior to delivery), not the ordered goods, oversupplied or defective. Customers wishing to return goods must notify the Company within 3 days of delivery of goods and the goods must be returned to the Company with 10 days of delivery of goods, failing which the basis for any such claim for return shall be deemed to be waived by the Customer.
No claims for damage will be entertained unless the goods are noted as being “damaged” on the delivery note at the time of delivery and the claim has been made within 3 days of delivery of the goods.
The Company will not accept any goods (even, without limitation, if they are not the ordered goods or oversupplied) for return which have been printed, embroidered or otherwise altered in anyway. The Company therefore encourages the Customer to fully inspect all goods and services provided by the Company prior to goods being altered, particularly where they may be forwarded directly to a printer, embroiderer or otherwise to be worked.
The Company may (but is not obliged to) accept goods that are not damaged, oversupplied or defective for return on terms and conditions determined by the Company in its absolute discretion.
In the event the Company agrees to the return of goods or any part thereof by the Customer, the goods will be at the Customer’s risk until such time as the goods reach the Company’s premises. All expenses of return will be borne by the Customer.
Before any goods may be returned Customers must email the Company’s Customer Service Department for authorisation. Goods must be returned in their original packaging with a copy of the original invoice for the goods.
12. Force Majeure
The Company shall not be liable for any direct, indirect special or consequential loss or damage of any kind arising from non-delivery or delay in delivery of any goods or services caused by act of God, riot or civil commotion, strike, lock out, labour disputes, fire, flood, drought, power restrictions, act of government, acts of terrorism, delays in transport, breakdowns in machinery, failure to obtain or shortages of raw materials or other supplies obtained from 3rd parties or any cause whatsoever beyond its control.
Nothing in these Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including, without limitation, the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
These Conditions are subject to variation by the Company by notice in writing to the Customer.
Headings used in these Conditions are for convenience only and shall be ignored in construing these Conditions.
Any provision of these Conditions which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Conditions, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.
These Conditions and any contract entered into between the Company and the Customer shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia and of any Courts which may hear appeals therefrom; provided however that these Conditions may be enforced by the Company against the Customer in any other jurisdiction.