Matai Sports Custom made - terms & Conditions

In these Terms and Conditions, unless the context otherwise requires:-
A.       The “Buyer” means the party purchasing the goods or services from the Seller.
B.       The “Seller” means NB Sports Pty Ltd T/as Matai Sports (MS)
C.       The “Conditions” means these Terms and Conditions for Custom Made Orders as set out herein.
1.         Upon acceptance by the Buyer and Seller, this Custom Made order constitutes a contract between the parties and will include the conditions.      
2.         Goods shall be of merchantable quality and fit for the purpose for which the goods of the same kind are commonly supplied and for any other purpose made know to the Seller by the Buyer in writing.    
3.         The Seller shall take all reasonable precaution to protect confidential information pertaining to the Buyers design
4.0  Delivery
4.1       Delivery of goods should be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the goods.
4.2       Delivery of the goods to a carrier either named by the Buyer or failing such naming to occur at the discretion of the Seller for the purposes of transmission to the Buyer is deemed to be delivery of the goods to the Buyer.
4.3       The Seller may deliver the goods by separate instalments to the Buyer. Each separate instalment shall be invoiced and paid for in accordance with the provisions in this Contract of Sale.
4.4       Delivery of the goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this Agreement.
             All risk for the goods passes to the Buyer on delivery. This is notwithstanding that the Seller retains the property until paid for in full in accordance with Clause 5.
4.5       If any of the goods are damaged or destroyed prior to the property in the passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these terms and conditions of trade to receive all insurance proceeds payable for the goods. This applies whether or not the price has been paid. This will apply where the price has not been paid in full. The production of these terms and conditions by the Seller is sufficient evidence of the Sellers right to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
4.6       It is the obligation of the Buyer to inspect the goods upon delivery. Unless the seller is notified in writing within seven (7) days of the delivery of the goods of any grounds for the return or replacement of the goods delivered, are deemed to be accepted by the Buyer and cannot be returned, replaced, exchanged or be the subject of any credit claim.  Further, no exchange, refund or credit will be granted to the Buyer at any time if goods returned are not in the condition in which they were delivered by the Seller and this includes any printing, marking or applied embroidery the condition in which they were delivered by the Seller and this includes any printing, marking or embroidery applied to the goods by or on behalf of the Buyer.
5.0 Risk
5.1       While risk in the goods shall pass on delivery, ownership of the goods shall remain with the Seller until it has received full payment for those goods and any previously delivered goods (and in the case of payment by cheque, upon clearance of the cheque). Pending such payment:
             a)         The Buyer shall hold the goods as bailee and fiduciary for the Seller and shall return the goods to the Seller if so requested;
             b)        The Buyer shall store the goods in such a way that it is clear that they remain the property of the Seller.
             c)         The Buyer as fiduciary may sell or deal with the goods in the ordinary course of its business which shall terminate the bailment.
5.2       Should the goods be disposed of by the Buyer prior to full payment, any monies received by the Buyer for payment of same shall be held by the Buyer in a separate account in trust for the Seller
5.3       The Buyer agrees to keep the goods free from any liens or encumbrances.
5.4       Should the Buyer fail to make due payment for the goods, or by an act or omission any step is taken towards the appointment of a provisional liquidator, liquidator, receiver, administrator and / or official  manager, or the entry into possession of any of the Buyer’s assets or business by a mortgagee; or  being a natural person become insolvent or bankrupt or commit an act of bankruptcy, the Seller may, to  without prejudice to any other rights it may have at its option, do any or all of these; 
             a)         Withhold any further deliveries of goods whether in transit or not; 
             b)        Where the goods have been delivered, the Seller shall be entitled, and the Buyer hereby grants to the Seller, its officers, servants or agents, full and irrevocable license to enter (using reasonable force if necessary) the Buyers premises (or other premises to which the Buyer has access and where  any of the goods are stored) to search for and  take possession of goods in which title remains with the Seller, and then to resell them for its own benefit.  The Seller shall not be responsible for any damage whatsoever and the Buyer indemnifies the Seller in respect thereof.  
             c)         Suspend and or terminate performance without penalty of any other contract for sale which  the Seller has with the Buyer. 
               d)        Require the Buyer to pay immediately all outstanding monies due to the Seller.
6.0  Unpaid Seller’s Rights to Dispose of Goods
6.1        In the event that:
                a)            the Seller retains possession or control of the Goods; and 
                b)             payment of the Price is due to the Seller; and
                c)              the Seller has made demand in writing (which demand shall be constituted by delivery of an invoice) of the Buyer for payment of the Price in terms of this contract; and
                d)             the Seller has not received the Price of the Goods, then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may retain the proceeds from such sale as full or part payment.
6.2       In the above circumstances the Buyer authorises such sale and acknowledges that the Seller may sell such stock notwithstanding that it contains confidential information of the Buyer including logos design and the like.
6.3       In the event of a default, the Buyer shall be responsible for all legal fees, collection costs involved with the  reclaiming of the goods, and other fees associated with the enforcement of these Conditions.
 7.0        The seller shall not be liable for any failure or delay to supply the goods and or services due to any cause or circumstances outside the Sellers reasonable control, including but not limited to   omissions of the Buyer, breakdown of machinery, shortage of labour, strikes, lockouts, industrial disputes, fire or arson, storm or tempest, theft, vandalism, riots, civil commotions, wars, government restrictions,   intervention and or control, transport delays or accidents of any kind.
8.0   Price
8.1          All prices shown are Australian Dollars (unless otherwise stated).
8.2          We reserve the right to change our prices at any time prior to orders being placed.
9.0   Orders and Delivery
9.1          Orders are to be placed by email accompanying a signed artwork approval and purchase order or quotation signed by the Buyer.
9.2          If ordering goods on behalf of a club or other incorporated body you warrant that you are authorised to place orders on behalf of that entity and will accept responsibility for payment for any product ordered.
9.3          It is assumed that the Buyer has obtained the express permission, or retains ownership of any logo’s, designs, images, specifications, or drawings supplied in order to create the Goods. The   buyer will indemnify NB Sports trading as Matai Sports against any actions, claims, costs or demands as a result of any such claim or threatened claim brought against NB Sports and/or any person within the company.
9.4        It is your responsibility to ensure that any artwork supplied by you is correct and any custom designs that we generate on your behalf are approved for use.
9.5          It is your responsibility to ensure that any colours selected for team wear are correct.
9.6          It is your responsibility to provide contact details with any order and to ensure that we are kept updated with any changes to these details whilst the order is being processed.
9.7          We reserve the right to reject any order and will notify you of our acceptance of your order and an expected delivery date within 72 hours of an order being placed.
9.8          We will use all reasonable endeavours to notify you of any expected delays in the supply of your order and will offer you the chance at that time to cancel any order. You may not cancel if we receive your notice after the goods have been produced but where cancellation of the contract is allowed, you can have no further claim against us under that contract.
9.9          If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss)
9.10          It is your responsibility to provide a delivery address that enables delivery to be made by our authorised carrier, within normal Monday to Friday business hours and accepted by a person authorised to sign and accept delivery on your behalf.
9.11       Government Tax agencies may impose import duty and tax on imports into their country, and whilst we endeavor to minimize any impact from this, the customer is liable for any taxes incurred. Please contact your local customs office for details of possible import tax implications.
9.12       You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within 48 hours of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.
9.13        It is the obligation of the Buyer to inspect the goods upon delivery. Unless the seller is notified in writing and goods returned within seven (7) days of the delivery of the goods, the goods delivered, are deemed to be accepted by the Buyer and cannot be returned, replaced, exchanged or be the subject of any credit claim. 
9.14        No exchange, refund or credit will be granted to the Buyer at any time if goods returned are not in the condition in which they were delivered by the Seller and this includes any printing, marking or embroidery applied to the goods by or on behalf of the Buyer.
10.0  Returns / Product Care and Sizes / Cancellations 
10.1       We will only accept returns of goods that are found to be defective on delivery. You should communicate with us to arrange for inspection or return of these goods.
10.2       The company will not accept returns of any merchandise that has been custom modified according to your specifications unless the product is deemed defective on delivery.
10.3       We will not accept responsibility for incorrectly ordered sizes and can provide you with size charts prior to final ordering where required. 
11.0  Product Care and Sizes
11.1         All garments we supply are produced to the highest exacting standards. 
11.2         Always read the garment care label and follow the recommended washing instructions.
11.3         All fabric is liable to discolour by staining or perspiration particularly lighter shades. We will not accept any liability for garments, which discolour in this manner.
11.4         Fabric printed by a sublimation process can re-print if subjected to high temperatures. Furthermore, heated pressing or ironing should not be applied to printed logos, motifs or badges. Please do not iron your Matai team wear.
11.5         We will not accept any liability for garments damaged through incorrect care. 
11.6         Please note that sizes quoted are an approximate size guide only.
12.0  Cancellation
12.1        You may not cancel the order unless we agree in writing. 
12.2        If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
12.3        We may suspend or cancel the order, by written notice if you fail to pay us any money when due (under the order or otherwise); or you become insolvent or you fail to honour your obligations under these terms.
13.0  Payment Options
13.1       Credit Card: Matai Sports accept Visa or Mastercard. A surcharge of 3% on all transactions applies due to bank charges. Credit Card transactions will not take place until authorisation has been confirmed from the owner of the card. A clear and readable copy of the Credit Card (back) and identification of cardholder (license) needs to be submitted to Matai Sports.
13.2       Direct Deposit: If paying by Direct Deposit, receipts for payment notification [remittance advice] must be submitted to Matai Sports immediately after payment via email or fax. Orders will not be processed until this has been received.
13.3       Orders will not be dispatched until funds are cleared.
NOTE: Any delays in payments may slow production and the dispatch of your order
14.0   Warranties
14.1       We warrant that the goods comply with their description on our order confirmation form; and are free from material defect at the time of delivery.
14.2       We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied by statute or otherwise to the maximum extent permitted by law) as to the quality of the goods or their fitness for any purpose.
14.3       If you believe that we have delivered goods that are defective in materials or workmanship, you must, inform us (in writing), with full details, as soon as possible; and allow us to investigate (we may need access to your premises and product samples).
14.4       If the goods are found to be defective in material or workmanship (following our investigations), we will (at our option) repair the goods, replace the goods or refund the price.
14.5       We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent.
14.6       For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
15.0  Force Majeure
15.1    If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability. Examples of these circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
16.0  General
16.1       The laws of Queensland and Australian is applied to this contract. The parties submit to the non-exclusive jurisdiction of the Courts of Queensland for any dispute in respect of these terms and conditions.
16.2       If any of these terms are unenforceable as drafted it will not affect the enforceability of any other of these terms and if it would be enforceable if amended, it will be treated as so amended.
16.3       All brochures, catalogues, artwork concepts and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
16.4        Artwork concepts are used for a guide only and variations between artwork concepts and the actual product may occur due to production techniques and or constraints.
16.5       The only statements upon which you may rely in making the contract with us, are these made in writing by someone who is our authorised representative and either contained in our estimate (or any covering letter) and not withdrawn before the contract is made or which expressly state that you may rely on them when entering into the contract.