Terms and Conditions of Sale
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| 1 | DEFINITION |
| 1.1 | “Suppliers” mean Coast 2 Coast Sports (ABN 33 559 924 532). |
| 1.2 | “Purchaser” means the person ordering the goods the subject of this Contract. |
| 1.3 | “Goods” means the goods supplied by Coast 2 Coast Sports. |
| 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, GST. and extra packaging charges, if any. |
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| 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 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 negatived. |
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| 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 Suppliers on the basis of payment of the order being made at the time the order is placed. |
| 3.2 | Orders for non stocked goods: |
| (i) | Shall only be accepted by the Suppliers when such orders are in writing and; |
| (ii) | Shall not be subsequently cancelled by the customer unless agreed to in writing by the Suppliers. |
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| 4 | CREDIT CLAIMS |
| Goods may only be returned to the Suppliers subject to the conditions as follows: |
| (i) | 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 the issuing of the suppliers authorisation number before such return is effected. |
| (ii) | 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. |
| (iii) | Goods returned must be accompanied with a copy of the relevant invoice number. The Suppliers authorisation number and the name and address of the Purchaser and via the Suppliers nominated carrier. |
| (iv) | The Purchaser shall be responsible for all charges and costs incurred in the return of goods unless such the Suppliers determine otherwise. |
| (v) | Credit claims for shortages must be notified to the Suppliers in writing within 48 hours of receipt of the goods. |
| (vi) | 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. |
| (vii) | Credit claims shall not be accepted by the supplier where the goods are samples, unless returned within 10 days. |
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| 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 the payment will be received by the Suppliers within 7 days of the receipt by the Purchaser of the goods. |
| 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 their 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. |
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| 6 | RISK |
| 6.1 | Risk in the goods shall pass to the Purchaser as the date of delivery and the Purchaser shall insure all goods that are at its risk. |
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| 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 payment for the 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 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 Purchasers which belong to and are owned by the Purchaser to secure payment of any monies due to the Suppliers. |
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| 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. |
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| 9 | JURISDICTION |
| The parties herby agree that the proper law of all contracts arising between the Suppliers and the Purchaser is the law of the State of NSW and the parties hereto agree to submit to the jurisdiction of the Courts of that State. |
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| 10 | COLLECTION CHARGES |
| The Purchaser herby 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 owed by the Purchaser to the Suppliers.
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