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Products (Goods) and Services - General Terms and Conditions
Definitions:
In these terms and conditions, unless the context otherwise requires:
(a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
(b) “Brand Partner” in relation to any Quotation, Instrument of Agreement or Sales Invoice means the relevant entity (as that term is defined in the Corporations Act 2001 (Cth)) of BRAND PARTNER GROUP (ABN: 55 341 102 310) t/a Brand Partner, Brandwear, Trademates Workwear or any other name referred to in the Quotation, Instrument of Agreement or Sales Invoice to which the terms and conditions are incorporated.
(c)“Customer” means the Person or Organisation named in the relevant Sales Invoice, Instrument of Agreement or Quotation.
(d) “Business Day” means a day other than a weekend or public holiday in the place which the goods are delivered.
(e) “Consumer” means:
(i) a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or
(ii) a person acquiring Goods at a price not exceeding $40,000; or
(iii) the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads,
but excludes a person acquiring the Goods, or holding himself or herself out as acquiring the Goods for the purpose of:
(i) re-supply; or
(ii) using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on land.
(f) “Excluded Loss” means:
(i) in the case of loss or damage resulting from a breach of contract (including any contractual duty of care) loss of revenue; loss of profit; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation; loss arising from late delivery or failure to deliver goods; loss arising from any business interruption; increased overhead costs and any indirect, remote or unforeseeable loss occasioned by that breach, whether or not in the reasonable contemplation of the Customer and the Seller at the time of the Quotation, Instrument of Agreement, Sales Invoice or any delivery of goods as being a probable result of the relevant breach; and
(ii) in the case of loss or damage arising from any tort (including negligence) which does not also constitute a breach of contract - indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort.
(g) “Exclusive Goods” means any goods which are, at the Customer’s request, embellished, embroidered, printed, machined, cut-to-size or specifically ordered for the Customer.
(h) “GST” means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.
(i) “GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.
(j) “GST Law” has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
(k) “Instrument of Agreement” means any instrument of agreement in which these terms and conditions are or are deemed to be incorporated.
(l) “Payment” means any amount payable under or in connection with a Quotation, Instrument of Agreement or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.
(m) “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
(n) “PPSA” means Personal Property Securities Act 2009 (Cth).
(o) “Purchase Price” means the price for the goods or services set out in the relevant Quotation, Instrument of Agreement or Sales Invoice.
(p) “Quotation” means the form of quotation (together with any supporting documentation, including range plans or other proposals) submitted by a Seller to the Customer in which these terms and conditions are deemed to be incorporated.
(q) “Sales Invoice” means the sales invoice issued by a Seller to the Customer in which these terms and conditions are or are deemed to be incorporated.
(r) “Tax Invoice” has the meaning given to that term by the GST Law.
(s) “Taxable Supply” has the meaning given to that term by the GST Law.
Interpretation:
(a) Any special conditions specified on a Quotation, Instrument of Agreement or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions.
(b) Words importing the singular shall include the plural (and vice versa).
(c) If any provision of these terms and conditions is invalid and does not go to the essence of these terms and conditions, these terms and conditions should be read as if that provision has been severed.
Quotations:
Quotations issued by Trademates Workwear are solely for the Customer to whom the quotation is addressed to place an order for stated goods and/or services within 14 days from the date of quotation (unless a shorter period is expressly provided for in the quotation or the quotation is withdrawn by Trademates Workwear) and such orders are subject to acceptance by Brand Partner.
The issue of a quotation and other publication of prices by Trademates Workwear 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 Brand Partner of supplying the products or services until such time as the invoice is paid in full for the quoted products and services.
Quotations and orders placed by Customer’s on such quotations are based on the information and details provided by the Customer to Trademates Workwear. Where exact specifications of the scope, nature or extent of the work are not available to Trademates Workwear at the time of providing a quotation, such quotations will be considered estimates only.
In the event the scope, nature or extent of the work required to be undertaken by Trademates Workwear 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.
Ordering (Clothing, Apparel, Merchandise):
Orders can be placed online for undecorated items.
All decorated orders must be received in writing. Verbal orders must be confirmed in writing before the order can be processed.
Trademates Workwear will provide (where necessary) documentation to be completed by the Customer detailing the particulars of an order (product, colour, sizing, quantity, decoration). This must be completed, signed and returned to allow for the order to be processed.
Modifying Orders (Clothing, Apparel, Merchandise):
Once your order is confirmed, we are generally unable to change the colours or size of your order. This is due to the stock being picked/ordered and the order being finalised by manufacturers.
Any approved changes will incur a minimum $50.00 fee, to cover the cost of stock transfers and reprocessing and coding of your order. Any changes to your order will add additional processing time (to allow for stock changes/ordering new sizes in from suppliers etc) and this will be advised of.
Additions are easily processed prior to artwork approval. Any increase in quantity after invoicing will be quoted and invoiced as a separate order.
Special Orders - (Indent)
When requested by the Customer, Trademates Workwear may make special orders through domestic importers and/or international manufacturers through a process hereafter known as ‘indent’. Indent orders generally require specific manufacturing of the product in accordance with Customer supplied, or by reference to established specifications.
When making indent orders the Customer will be required to provide specific details of the product to be manufactured, including specific reference to any required international or domestic standards and where appropriate the intended use of the product.
Indent orders can generally be unlimited in scope, therefore, where specific international or domestic standards apply to the method of production, product testing and compliance with specific certifications, Trademates Workwear cannot be responsible for ensuring compliance with such requirements. Where requested by the Customer, Brand Partner will make request for any available certifications relevant to the product from the manufacturer or importer. Trademates Workwear will not be responsible for the accuracy of information provided by third party importers or manufacturers.
Where any product sourced will be used for medical purposes, the Customer will be responsible for ensuring the suitability of the product for intended use prior to its use as intended. Trademates Workwear strongly recommend the sampling of such products to ensure suitability and compliance with relevant authority and certification requirements prior to use and before making a complete order. The use of the supplied product is at the sole discretion of the Customer and Trademates Workwear shall not be liable for any loss or damage whatsoever (including, without limitation, special or consequential loss or damage) caused directly or indirectly by the use of the product in any form.
Indent orders will generally attract minimum order quantities (MOQ). These minimum quantities vary depending on product and manufacturer and will be advised at the time of quotation.
Where domestic importers are engaged for the supply of any indent order, Brand Partner will endeavour to source documentation from the importer providing assurance of order fulfillment.
Trademates Workwear will be bound by the cancellation and refund policies of the relevant importer or manufacturer (whether Australian or Internationally based) and the Customer will in turn be bound by those terms when engaging Trademates Workwear as a supplier acting to source any product through indent orders. Where requested Trademates Workwear will seek to establish such policies from the relevant third party.
Modifying Orders - Special Orders (Indent)
Once your order is confirmed following payment and manufacture of the product has commenced we are generally unable to cancel the order. The Customer will be responsible for the full payment of the invoice.
Any changes to your order may add additional processing time and this will be advised of.
Additions are normally easily processed. Any increase in quantity after invoicing will be quoted and invoiced as a separate order
Payment Terms:
All transactions are processed in $AUD unless otherwise stated. All prices published on the website are excluding GST, unless otherwise stated.
Orders will not commence until payment is received strictly in accordance with payment terms.
For apparel/clothing/uniform general payment terms will be as follows^
^ The payment must be received in Trademates Workwear accounts before the stage is considered paid. Processing times vary across financial institutions and payment platforms. The Customer is responsible for consideration of these times where a specified order fulfilment date is required. Trademates Workwear cannot be held responsible for delays incurred due to payment processing by third party institutions
** Where orders reflect standard agreed items and pre-approved decoration, orders will be invoiced as payable in full before processing.
Orders not paid in accordance with payment terms specified above, otherwise detailed in on-boarding documentation, on the invoice or unless otherwise agreed in writing will not be processed or dispatched. In the absence of any superseding written alteration, the above payment terms will apply.
Trademates Workwear reserves the right to the extent permitted by law to charge all bank and other credit provider or facility fees and charges incurred in processing the Customer’s payment, including (without limitation) by credit card or for dishonoured payment.
The Customer agrees to pay all costs incurred by Trademates Workwear for the collection of any monies owing by the Customer, which are not paid when due, including (without limitation) commission charges by collection agencies and legal costs and disbursements (on an own solicitor/client basis).
If the Customer is a person or persons (as opposed to a company or other entity), the Customer charges any property owned by the Customer, whether alone or jointly as a tenant in common or as a joint tenant, in favour of Trademates Workwear to secure any monies owing by the Customer to Trademates Workwear whether or not Trademates Workwear has taken or has threatened to take any action against the Customer in respect of such amounts
Artwork/Logos - Fees and Conditions:
Trademates Workwear accepts artwork/logos from Customer’s under the understanding that the Customer has sought permission from the owner of the artwork/logo for reproduction. Trademates Workwear will not be held responsible if a Customer solicits reproduction without this permission. The responsibility is with the Customer for any copyright infringements for logo use. Trademates Workwear may require written approval for any artwork protected by intellectual property laws.
Decoration finish may vary between fabric and merchandise materials, i.e. fabrics with pill/fleece verses 100% flat polyester, this is the nature of adding decoration to different garments or products so differences can and will occur overall and are to be reasonably expected.
Any artwork prepared by Trademates Workwear (visual mock-ups and artwork proofs) are not to be used externally unless permission is granted by Trademates Workwear. Where artwork is not supplied by the Customer and is required to be produced, Trademates Workwear may use third party design organisations to complete such work. This work will be priced and invoiced to the Customer.
Artwork approvals for garment decoration or branded merchandise are required in writing. It is the Customer’s responsibility to check proofs carefully. Any placement, spelling, grammar or colour mistakes that the Customer has approved remain the Customer’s responsibility. Artwork proofs will clearly advise sizing, placement, and colour/s of your artwork.
Artwork approval should be provided in a timely manner when artwork has been finalised. If the Customer has not responded to this approval request within this timeframe, Brand Partner cannot be held responsible for delays in delivery.
Once orders are sent to production and artwork is applied, orders are not able to be cancelled as modified products are not refundable by manufacturers.
Note: Embroidery, Screen Printing, Digital Transfer and heat press applications are a physical process and garments/merchandise are framed manually by hand on machines/tables. Allowances in artwork placements between garments are generally up to 2-5cm allowance is acceptable by industry standards and will not be considered as faulty (depending on logo size/s, garment sizes and placements).
Artwork/Logos – Inappropriate or offensive decoration:
Trademates Workwear at its sole discretion reserves the right to refuse sale or decoration of any product carrying material that may be considered to be offensive, inappropriate or discriminatory. This includes but is not limited to offensive language, racially discriminatory images or statements, sexually discriminatory images or statements or images or statements that discriminate based upon religious belief, gender, sexual orientation, political association or social standing.
Trademates Workwear will consult with customers should the aforementioned paragraph be applied.
Sample Policy:
Product samples may be purchased only. (Online, Phone, Email Orders accepted).
Samples of embroidery or screen print can be made physically available for garment decoration however emailed proofs are produced once ordered.
The sample order must be approved by Trademates Workwear as a sample order when purchasing. (Once the Customer has placed the sample order Trademates Workwear will approve or contact the Customer to discuss the order).
In relation to undecorated clothing, apparel and merchandise, samples will not be refunded, credits for approved sample returns may be applied to a future order at the discretion of Trademates Workwear, if returned in saleable condition with all tags attached and in original packaging. Such credits for returned samples will be issued, less restocking fee (minimum $10 per item), once the sample is returned within a return period of 14 days. Restocking fees vary and can be higher for multiple items and items not returned in sale condition (i.e. staff repacking/folding.)
Customers are asked to limit the number of samples ordered keeping in mind multiple items will attract a higher return fee (if items have to be ordered in from our manufacturer the return fee can be up to $15.00 per item) and keep the order limited to items likely to be ordered to limit fees and postage costs.
Return of samples and subsequent freight charges are the Customer’s responsibility. Approved return samples must be advised of within 7 days and returned within 10 days, in the original sale condition they were provided in, with tags attached and in original packaging to the return address provided by Trademates Workwear.
Due to the volume of requests, administration time and shipping costs involved, unfortunately we cannot supply free samples.
Cancellation of Order (Clothing, Apparel, Merchandise):
Cancellation fees can and do apply as outlined below. These fees are to partially cover the time involved in administration, stock transfers and freight, graphic/artwork preparation etc.
If stock has been transferred between warehouses to fulfil your order for delivery, the minimum fee is $100.00.
If artwork has been prepared, mock-ups issued and emailed, the minimum cancellation fee 10% of deposit monies paid or $100.00 excluding GST, whichever is higher, for text, logo artwork, embroidery, screen printing, digital transfer and direct to garment.
These fees can vary depending on status of the job, but typically costs involved are artwork fees, set-up costs, restocking fee or full payment of job if items have already been decorated.
If an order has already been processed for decoration, production has commenced and/or items dispatched, the order is not able to be cancelled. The Customer will be responsible for complete payment of the order.
Cancellation of Order (Special orders/Indent):
If an order has already been processed and production has commenced and/or items dispatched, the order is not able to be cancelled. The Customer will be responsible for complete payment of the order and acceptance of the goods.
Delivery & Shipping Policy:
Trademates Workwear make all efforts to ensure your products are dispatched to your desired destination across Australia generally within 1 to 2 days for undecorated items and 1 to 2 weeks for decorated items. In most instances shipping will occur direct from manufacturers, as such delivery times will vary depending upon the product and will be adequately communicated at quotation stage.
Delivery times will vary depending upon final destination and are additional to the above times.
Orders do not commence, enter production or dispatch until payment is received strictly in accordance with payment terms.
Orders that require decoration are normally completed within 1 to 2 weeks from written artwork approval with an estimated delivery time of 2 to 4 weeks, due to the process of production (decoration is a physical process involving the set-up of artwork and the process of programming and loading machines). This is a general guide of our standard time frame and delays can occur during busy production periods, due to stock supply delays, or artwork editing/delays. Any unforeseen delivery delays will be adequately communicated.
For orders with decoration, if provision of artwork is delayed by the Customer after the order is placed or delays in approving from the Customer occurs, this can delay production. Production cannot be commenced until artwork is provided and signed off for approval.
Trademates Workwear supply hundreds of garment styles in different colours/sizes, manufacturer stocks can be held in warehouses throughout Australia. Stock may have to be collated from these warehouses to dispatch to you in one delivery, this can add 3-4 working days to your order processing time due to stock transfers. Brand Partner cannot be held responsible for delays in providing orders due to manufacturer stock availability. Stock availability will be assessed at the time of quotation.
Trademates Workwear will endeavour to make every effort to deliver all orders in completion as promptly as possible and by the requested or estimated date. Trademates Workwear reserves the right to make part deliveries of any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order.
Trademates Workwear 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, for goods lost or delayed by common carrier, international or Australian Customs departments, or natural disasters. Arrangements for insurance of the goods remains the responsibility of the Customer.
Deliveries can be requested to be delivered without signature (i.e. leave at front door) however as contracted services are paid for signature on delivery this is not an assured service (i.e. most deliveries will require a signature to ensure delivery and that your delivery can be tracked and traced). It is recommended that the delivery address be a location where an authorised person will be present during regular business hours and can receive the goods.
Delivery & Shipping Policy (Special Orders/Indent):
Indent orders generally involve the overseas manufacture and international shipping to the requested location. Unless otherwise advised, orders generally cannot be ‘split’ for multiple location shipping from overseas manufacturers. Where split deliveries are required the Customer will be responsible for informing Trademates Workwear of such requirement prior to engagement to allow such ability to be established from the relevant manufacturer or importer.
Where international shipping is used, the available options for shipping (i.e. air freight or sea freight) will be quoted as requested. Shipping times vary based upon country of origin and method of shipping. Trademates Workwear will endeavour to provide available information at the time of quotation or order.
Trademates Workwear 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, for goods lost or delayed by common carrier, international or Australian Customs departments, or natural disasters. Arrangements for insurance of the goods remains the responsibility of the Customer.
Ownership:
Ownership title of goods remains with Trademates Workwear until payment has been received in full. Upon final payment receipt and dispatch of the goods, ownership and responsibility for the good will transfer to the Customer.
Inspection and acceptance:
The Customer will be responsible for inspection of goods when received. If written notification of faulty goods has not been received within 48 hours of receipt, the goods will be treated as accepted in good condition in accordance with the order specifications.
Faulty goods must be advised of within 48 hours of receipt and returned (where permissible) within 7 days of receipt of stock/notification of fault or damage for inspection before a refund or replacement of stock will be issued. Trademates Workwearwill have the item/s assessed by the manufacturer/importer to determine whether or not the Customer will be entitled to an exchange, or refund. Trademates Workwear will be bound by refund/exchange policies of manufacturers/importers, the Customer will be bound by these policies.
Return of Goods (Clothing, Apparel, Merchandise):
Goods supplied as ordered (correctly) will not be refunded unless the product is faulty, is not doing what it is supposed to do, is significantly different to those shown in pictures or in the product description. The Customer will be responsible for inspection of goods when received. Faulty goods must be advised of within 48 hours of receipt and returned within 7 days of receipt of stock/notification of fault or damage for inspection before a refund or replacement of stock will be issued. We will need to have the item assessed by the manufacturer to determine whether or not the Customer will be entitled to an exchange, or refund.
Decorated goods (goods that have been embroidered, screen printed or marked in any way with your Logo or Artwork) cannot be returned, exchanged or refunded unless faulty or required by law.
All approved returns must be advised of within 48 hours of receipt and received within 7 days.
All returns and exchanges must be approved by Trademates Workwear and are at the discretion of Trademates Workwear unless required by law. All returns and exchanges must be accompanied by a Returns and Exchanges form, which will be emailed to the Customer on request (once the Customer return request is approved).
All returned items must be in their original packaging (individual poly bags where supplied), with tags attached and in an unworn, unmarked condition, smoke free and in saleable condition. All items will be inspected on return and any items not in a sale condition will not be accepted for return or exchange.
Trademates Workwear reserves the right to reject returns if the goods are returned in a soiled, worn or an unsalable condition on receipt.
A minimum restocking fee of $5.00 per item is applicable to all exchanges and will increase with the quantity of items ordered (if the items are returned to Trademates Workwear’s manufacturers for non-stock items these fees can be 5-10% of the order total), to cover handling, administration and re-shelving procedure time unless exchanging goods due to the product being faulty, or required by law.
Any returns outside of the terms and conditions will be made only at the discretion of Management of Trademates Workwear. All returns and exchanges must be confirmed as purchases made with Trademates Workwear.
Return of Goods (Special Orders/Indent):
Following manufacture of special order/indent the goods are generally unable to be returned and the Customer will be required to make acceptance of the goods.
Trademates Workwear strongly recommends the use of product sampling prior to making a complete order to ensure that the product complies with the requirements and expectations of the Customer. Digital images and/or written description of the product does not constitute a sample under these terms and conditions.
Garment/Apparel Care
Washing instructions, where provided on garment tags should be strictly followed to avoid any fading or issues with the garment. Washing instructions that may be provided for the care of garments that have had decoration added such as Embroidery, Screen Print or Heat Press should be strictly followed. Where garment care tags are not provided, appropriate care instructions are readily available through numerous online resources for the material being utilised.
Fading of colours can happen due to the material type (cotton is a natural material that is dyed and will lose colour over time/after numerous wash cycles) and washing and care of the garments. Factors causing fading are; not following washing instructions, over drying (in a dryer or leaving in the hot sun), and using non-colourfast washing powders. Polyester retains colour due to the material being manufactured in the colour purchased (where as cotton is a white fibre that is dyed) so is a colourfast material. Fading over numerous washes and over time of garments or items with natural fibres is to be expected due to the material itself. Any unusual fading or garment/dye runs as a result of washing should be advised of within 7 days (any unusual dye faults will appear on the first wash).
Garments placed in hot dryers can and will shrink, and the percentage of shrinkage will vary depending on the fabric technology (cotton will shrink more due to it being a natural fibre). All garments have a small allowance for general shrinkage which is expected when garments are washed and dried following the garment instructions. Follow the washing instructions of the garment to avoid any issues with the garment (some garments should never be placed in a hot dryer).
Any issues with garments that arise from general care and wash and wearing of garments are the Customer’s responsibility unless the garment is faulty (any faults should be advised of within 48 hours of receipt) as these factors are outside of Brand Partner’s control.
Materials, Colours and Sizing
The Customer acknowledges that due to the nature of the goods and services supplied by Trademates Workwear, that 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.
Colours of goods displayed online & colour charts may differ from screen to screen. Merchandise and Garment colours may differ depending on batch and exposure to natural elements.
Selection of and approval of artwork based upon electronic media alone may result in some colour differences to that experienced by sampling. Brand Partner will make every effort to closely match colours to the guidance provided by the Customer but cannot be responsible for exact colour matching.
More precise colour matching can be achieved by sample orders. Customer’s may purchase samples in accordance with Brand Partner sample policy.
Sizing charts are generally available for each garment, measurements are in centimeters unless specified otherwise and are generally a half chest measurement of the garment unless specified. Sizing guides provide information and assistance on how to size garments and interpret size charts.
When placing an order it is accepted that the Customer has considered sizing requirements, referred to sizing charts and measured accordingly. As brands and sizes differ nationally with all leading Clothing brands, it is essential that a size is not assumed due to manufacturing differences in style, shape and fit. Differences shown in garment length on models to individuals may differ. Length of a garment on the body is dependent on the height of the individual.
Force Majeure
Trademates Workwear 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, delays in manufacture, breakdowns in machinery, failure to obtain or shortages of raw materials or other supplies obtained from third parties or any cause whatsoever beyond its control.
Jurisdiction
These conditions and any contract entered into between Trademates Workwear and the Customer shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia and of any Courts which may hear appeals therefrom; provided however that these conditions may be enforced by Trademates Workwear against the Customer in any other jurisdiction.
