Terms and Conditions

Charges

The goods shall be purchased at the prices prevailing at the time they were dispatched.

Freight charges will be applied to every sale unless the sale is for a back-ordered product or freight has been negotiated as part of an individual’s contract with Texco International Ltd.

A minimum order fee will apply for orders under $100 exclusive of GST. This will be charged at the prevailing rate in place at the time of order placement. A cutting fee will apply for fabric orders under 10 metres in length. This will be charged at the prevailing rate in place at the time of order placement.

We reserve the right to allocate fabric to the nearest meter size or a 5% tolerance over the amount required.

Payment

Payment should be made on or before 20th of the month following delivery. Should credit be declined, other payment terms will be advised in a letter of offer.

A period of grace may, at the Company’s sole discretion, apply before charging interest as specified under ‘INTEREST’.

Any expenses, disbursements and legal costs incured by Texco International Ltd in the enforcement of any rights in this contract shall be paid by the Customer, including any and all reasonable solicitor’s fees or debt collection agency fees.

If payment is made by direct credit then advice must be faxed through to Texco International Ltd prior to the payment taking place.

Interest

Payments not made within 10 days of due date may, at the Company’s discretion, bear interest from the due date at the rate of 2.5% per month until paid (or at such rate as shall be in force at date of purchase).

Credit Limit

The Company may cancel orders in respect of any undeliverable goods or may withhold delivery of future orders if the Customers’ account exceeds the credit terms set by the Company.

Non Receipt or damage

All items must be checked for non-receipt and/or damage and reported in writing by the Customer to the Company from the date of delivery within five (5) working days or the claim may be rejected by the Company. The Company will replace the goods covered by approved claims.

Returned goods

No goods shall be returned for credit unless they meet the criteria outlined under ‘CLAIMS RETURN POLICY’.

Cut lengths will not be accepted for credit unless proven to be flawed or faulty.

Claims

All enquiries or claims regarding goods supplied or allegation regarding goods not having been supplied as per invoice/packing slip shall be made with five (5) working days from date or receipt of same and in absence of any such enquiry or claim the Customer shall be taken to have accepted the terms of the invoice(s) as correct and accept that the goods specified are as delivered.

Risk

Risk passes to the Customer on delivery or collection of the goods.

Warranty

If the Customer does not acquire or hold himself or herself out as acquiring goods for the purposes of a business, no representation, condition, warranty of promise, expressed or implied, applies to this agreement or the sale to be effected pursuant to it other than the manufacturer’s written warranty (if any).

If the Customer does not acquire, or hold him or herself out as acquiring, the goods for the purposes of a business, no representation, condition, warranty or promise, expressed or implied, applies to this agreement or the sale effected pursuant to it, other than the manufacturer’s written warranty (if any) and the guarantees provided by the Consumer Guarantee’s Act 1993.

Except as provided in the Consumer Guarantee’s Act 1993, the Company shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of breach of any of the negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Customer’s servants, agents, contractors, customers, visitors, tenants, trespassers or other persons. The Customer will indemnify the Company against any claim.

Notwithstanding anything else in this agreement, the liability of the Company arising from the breach of any the Company’s obligations under this agreement, from any cancellation of agreement or from any negligence on the Company’s part, its servants, agents or contractors (but not from any liability under the Consumer Guarantees Act 1993) will be limited to damages which will not exceed the contract price.

Privacy Act

The Customer authorises the Company:

A) to collect and retain and use personal information about the Customer (information contained within this document) for the following:

(i) assessing the Customer’s credit worthiness;

(ii) administering the financing, whether directly or indirectly of the Customer contract(s) and enforcing the Company’s rights thereunder;

(iii) marketing goods and services supplied by the Company

B) to provide the following information:

(i) to any person for the foregoing purposes;

(ii) to employees and agents of the Company and any other person, in the ordinary course of business, for any of the foregoing purposes;

(iii) to credit agencies for the purposes of maintaining effective credit records.

The Customer acknowledges:

A) that the information is held by the Company at the address specified in this document, notwithstanding that it may also be held elsewhere by the Company and other persons for the purposes described above.

B) that where information can be readily retrieved the Customer shall have access to it, the right to request correction and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.

C) that the aforesaid authorisations are irrevocable.

Ownership

Ownership is reserved: it is expressly agreed that ownership is reserved and legal and equitable title to and property in all goods supplied or agreed to be supplied by the Company is and remains vested in the Company until payment in full has been received by the Company in respect of such goods and all other monies owing by the Customer to the Company.

Recovery of goods: Notwithstanding anything to the contrary in these terms and conditions and whether or not any term of credit has expired, the Company is entitled at any time and from time to time before sales of any item of goods by the Customer to recover and take repossession of such item of goods and otherwise exercise in relation to the goods any of its rights where those rights are covered by common law, contract, statute or in any other way.

Personal property securities act 1999 (‘ppsa’)

The Customer grants to the Company a security interest in the following:

A) All present and after acquired goods, supplied by the Company to the Customer, including, but not limited to fabrics, including garment threads, robes, towels, sheeting, silks, universal fastenings, domes, drill fabrics together with all associated equipment; and

B) All present and after acquired goods, supplied by the Company to the Customer described in any:

(i) quotation or tender from the Company to the Customer;

(ii) contract between the Company and the Customer including, without limitation, documentation (electronic or otherwise) supplementary to any contract incorporated in the contact by reference or otherwise;

(iii) purchase order or any other order for goods from the Customer;

(iv) dispatch order, invoice, statement or remittance advice from the Company to the Customer.

C) The proceeds of sale in respect of any of the goods supplied by the company and on-sold by the Customer. The Customer hereby consents to the registration of a Purchase Money Security Interest or any other applicable security interest in the goods on the Personal Property Securities Register and the Customer hereby waives its right to receive a copy of any verification statement in respect of such registration. The Customer will indemnify the Company for any cost incurred in registering and enforcing any security under the PPSA.

At the request of the Company, the customer will promptly execute any documents and do anything else required to the Company to ensure that any security interest created constitutes a perfectly security interest over all personal property supplied by the Company until all and any amount due to the Customer have been paid in full. This obligation extends to executing any amendments to any contract with the Company reasonable requested by the Company and providing the information required by the Company to complete and register a financing statement or financing change statement.

The Customer will not, without the prior written consent of the Company, agree to allow any person (including the Customer) to file a financing statement over any personal property supplied by the Company while the Customer is liable to the Company for any debt.

The terms ‘security interest’, ‘perfected security interest’, ‘personal property’, ‘financing statement’ and ‘financing change statement’ referred to in the above clauses have meaning given by PPSA.

Claims return policy

Goods supplied in error are returnable for replacement or credit, providing the error is notified to the Company in writing within ten (10) days, no claims will be recognised unless returned goods are in saleable, undamaged and clean condition. Samples and orders must be returned in original packaging.

The Company at its sole discretion may accept the return of goods surplus to requirements of the purchaser in which event the credit may not be greater than 85% of the original.