Terms & Conditions of Sale

1/ Definition :

1.1 ..... " The Suppliers " means Splash Alley . ( ABN 90 016 246 064 )

1.2 ..... " Purchaser " means the person ordering the goods the subject of this contract

1.3 ..... " Goods " means the goods supplied by Splash Alley ( ABN 90 016 246 064 )

1.4 ..... " The Monies Due " includes the purchase price for the goods any delivery and freight charges, G.S.T. and extra packing charges if any .

2/ General :

The only contractual terms which are binding upon the Suppliers are those set forth herein or otherwise agreed to in writing by the Suppliers and those which are imposed and cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise by binding on the Supplier are to the extent permitted by law hereby expressly excluded and negatived

3/ Orders :

3.1 ..... Orders shall only be processed by the Suppliers on the basis of payment of the order being made at the time the order is processed or unless orders are released on goodwill to the Purchaser at the Suppliers discretion.

3.2 ..... Orders for non stocked goods :

( i ) Shall only be accepted by the Suppliers which such orders are in writing and ;

( ii ) Shall not be subsequently cancelled by the customer unless agreed to in writing by the Suppliers.

3.3 .... Orders delivered that may be missing items - these items are put be put on backorder and dispatched when available or Splash Alley ( ABN 90 016 246 064 ) will refund in full the unit price for the missing item(s) only

3.4 .... Splash Alley ( ABN 90 016 246 064 ) has the sole legal right to determine to refund , backorder or supply new or replacement items on any order that is delivered with missing or incorrect items - NO EXCEPTIONS

3.5 .... Splash Alley ( ABN 90 016 246 064 ) is not in any way legally liable for any goods ( orders ) NOT arriving at any destination on a due date.

3.6 .... Splash Alley ( ABN 90 016 246 064 ) always will endeavor to deliver all goods ( orders ) as requested on time but are not responsible or legally liable for any delays in delivery to the purchaser .

4/ Credit Claims :

Goods may only be returned to the Supplier subject to the conditions as follows ;

4.1 .... The Suppliers must be notified in writing by the Purchasers the intention to return goods and the return MUST be authorized by Splash Alley ( ABN 90 016 246 064 ) in writing the issuing of the Suppliers authorization number before such return is effected.

4.2 .... The Suppliers shall not accept the return of goods unless such goods are returned to the Suppliers within seven days of the receipt by the purchaser.

4.3 .... Goods returned must be accompanied with a copy of the relevant invoice number . The Suppliers authorization numbers and the same name and address of the Purchaser and via the Suppliers nominated carrier.

4.4 .... The Purchaser shall be be responsible for all charges and costs incurred in the return of goods unless such the suppliers determine otherwise.

4.5 .... Credit claims for shortages must be notified to the Suppliers in writing within 48 hours of receipt of the goods .

4.6 .... The Suppliers shall not accept or agree to a credit claim where the Purchaser has had the goods delivered to the purchasers nominated screen printer or embroider or any third party.

4.7 .... The suppliers shall not accept or agree to a credit claim once artwork has been approved by the Purchaser on any stock items where the Supplier has had the goods delivered to the Suppliers nominated screen printer or embroider or any third party - decoration costs only would be fully refundable.

4.8 .... Goods decorated are not eligible for return under any circumstances -The Supplier reserves the right to determine what action if any is required on all decorated orders which in the rare occasion may be incorrectly decorated.

4.9 .... Goods sent as ordered are not returnable under any circumstances unless incorrect style, incorrectly sized or damaged goods have been received by the Purchaser.

4.10 .... Credit claims shall not be accepted by the Suppliers where the goods are samples or orders under ten units.

4.11 .... Discontinued stock items are not eligible for return under any circumstances .

4.12 .... Goods returned will must be in the original condition as sent - ( ie in garment bag unmarked ) or they will not be accepted for credit.

4.13 .... Samples will be only credited against an new order placement - otherwise no credit returns.

4.14 .... A 10% or $20.00 + gst which ever is the greater sum administrative charge will be applied on any refund on all returned goods.

5/ Price and Payment :

5.1 ..... Prices of goods are subject to periodic change .

5.2 ..... Non stocked goods will be quoted accordingly .

5.3 .....The Suppliers payment terms are that payment shall be made by the Purchaser to the Suppliers for all goods before dispatch or unless dispatched on goodwill by the Supplier

5.4 ..... On goods dispatched to the Purchaser on goodwill or after a credit account has been opened for the Purchaser, the Supplier will accept and dispatch orders on the basis that the payment will be received by the Suppliers within the terms of that account of the receipt by the Purchaser of the goods.

5.5 .... Any goods dispatched on goodwill to the Purchaser the balance of any outstanding amount of monies due on that order be paid in full within 7 days of receipt of the goods.

5.6 ..... If payment is not made in accordance with Clauses 5.3 , 5.4 or 5.5 then interest and administrative charges calculated at the interest rate of 7.9% weekly shall accrue on the monies due and payment shall be credited by the Suppliers firstly against any interest and administrative charges due.

5.7 ..... Monies due by the Purchaser to the supplier shall become payable immediately upon the Purchaser committing any act of insolvency.

6/ Risk :

6.1 ..... Risk in the goods shall pass to the Purchaser at the date of dispatch and the Purchaser shall if deemed necessary insure all goods that are at its risk .

6.2 ..... Risk on goods shall pass to the Purchaser at time of the goods are placed upon the vehicles which are to effect delivery from the relevant supplier or suppliers agents nominated dispatch premises.

6.3 ..... Splash Alley ( ABN 90 016 246 064 ) accepts no risk liability on any order sent to a third party.

7/ Title :

7.1 ..... Not withstanding that Risk in the goods shall pass to the account holder Purchaser as herein provided,the full legal and beneficial title to and ownership of the goods shall be retained by and remain with the Suppliers absolutely, until the whole of the monies due under the invoice are paid for in full.

7.2 ..... In the event that the account holder Purchaser defaults in the terms of the payments of goods, the Suppliers shall have the right to re-take possession of the goods by adopting whatever lawful means may be necessary where ever such goods may be located and the Suppliers shall have the right themselves or by their servants, employees,. agents, or authorized representatives to enter the Purchasers premises without such person being deemed a trespasser to retake possession of the goods situated or stored thereon.

7.3 ..... The account holder Purchaser may sell the goods to a third party provided that the proceeds of any such sale are kept separate from all other monies held by the Purchaser.

7.4 ..... The account holder Purchaser hereby acknowledges that the Suppliers have a lieu over all goods in possession of the account holder Purchaser which belong to and are owned by the account holder Purchaser to secure payment of any monies due to the suppliers .

8/ Change Of Ownership :

The Purchaser hereby agrees to notify the Suppliers in writing of any change of ownership of the Purchaser within seven days from the date of such change and indemnifies the Suppliers against any loss incurred by the Suppliers as a result of the Purchasers failure to do so .

9/ Jurisdiction :

The parties hereby agree that the proper law of all contracts arising between the Suppliers and the Purchaser is the law of the State of Western Australia and the parties hereto agree to submit to the jurisdiction of the Courts of that State.

10/ Collection Charges :

The Purchaser hereby agrees to pay all costs incurred by the Suppliers including commission charges by Collection Agencies and legal costs and disbursements ( including Solicitor / Client cost ) for the collection of any outstanding monies owned by the Purchaser to the Suppliers .

The Purchaser agrees that if in receipt of goods sent by the Supplier on goodwill hereby agrees to pay all costs incurred by the Suppliers including commission charges by Collection Agencies and legal costs and disbursements ( including Solicitor / Client cost ) for the collection of any outstanding monies owned by the Purchaser to the Suppliers if payment for those goods has not been received in sixty days.