1.    DEFINITION

1.1 “Suppliers” mean Coast 2 Coast Sports Pty Ltd (ABN 73 003 550 221).

1.2 “Purchaser” means the person ordering the goods the subject of this Contract.

1.3 “Goods” means the goods supplied by Supplier - Coast 2 Coast Sports Pty Ltd

1.4 “Date of delivery” is the date upon which the goods are delivered to the premises of the Purchaser or to the Purchasers nominated carrier.

1.5 “The Monies Due” includes the purchase price for the goods and any delivery and freight charges, G.S.T. and extra packaging 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 imposed and which cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on the Suppliers are to the extent permitted by law hereby expressly excluded and negative

3.    ORDERS

3.1 Unless and until a Credit Account is opened in favour of the Purchaser by the Suppliers, orders shall only be accepted by the Supplier on the basis of payment for the order being made at the time the order is placed.

3.2 Orders for non stocked goods and custom made goods;

3.2.1     Shall only be accepted by Suppliers when such orders are in writing and;

3.2.2     Shall not be subsequently cancelled by the customer unless agreed to in writing by the Suppliers.

4.    CREDIT CLAIMS

Goods may only be returned to the Suppliers subject to the conditions as follows:

4.1 The Suppliers must be notified by the Purchaser of the Purchasers intention to return goods and the return MUST be authorised by the Company in writing by the issuing of the suppliers authorisation 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 date of receipt by the Purchaser of such goods pursuant to an order.

4.3 Goods returned must be accompanied with the relevant invoice number, tile Suppliers authorisation number and the name and address of the Purchaser and via the Suppliers nominated carrier.

4.4 The Purchaser shall be responsible for all charges and costs incurred in the return of goods unless 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 made where the Purchaser has had the goods delivered directly to the Purchasers printers or embroiderers or any other party other than the purchaser.

4.7 Credit claims shall not be accepted by the supplier where the goods are samples, unless returned within 10 days.

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 supplied upon pickup.

5.4 After a credit account has been opened for the Purchaser, the Suppliers will accept and despatch orders on the basis that payment will be received by the Suppliers within 30 days from date of invoice.

5.5 If payment is not made in accordance with Clause 5.3 then interest and administrative charges calculated at the overdraft interest rate charged to the suppliers by the bank shall accrue on the monies due and payment shall be credited by the Suppliers firstly against any interest and administrative charges due.

5.6 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 delivery and the Purchaser shall insure all goods that are at its risk.

7.    TITLE

7.1 Notwithstanding that Risk in the goods shall pass to the 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 in full.

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

7.3 The 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 Purchaser hereby acknowledges that the Suppliers have a lien over all goods in the possession of the Suppliers which belong to and are owned by the 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 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 costs) for the collection of any outstanding monies owed by the Purchaser to the Suppliers.