1/ Definition :
1.1 ..... " The Suppliers " means Kigelia Investments Pty Ltd trading as Splash Alley . ( ABN 11 6085 370 79 ) - New Owners
1.2 ..... "Customer " means the person ordering the goods are the subject of this contract
1.3 ..... "Companies " means the providers of all goods supplied to Splash Alley for resale
1.4 ..... " Goods " means the goods supplied by Splash Alley
1.5 ..... " 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 :
Splash Alley is a wholesale provider not a retailer - any payment made on any invoice issued is acknowledgment of the customer agreeing to all terms and conditions outlined beloww. All sales are then subject to the Suppliers terms of trade and the Suppliers terms of trade with our Companies
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 be negated
3/ Supplied Goods Specifications :
The Supplier is not liable for our Companies policies of continuous development, and the Companies therefore reserves the right to improve, change, alter or discontinue fabrics, materials and other specifications without prior notice.
All illustrations and samples are intended as approximate representations only and are not binding in detail with regard to finishes, colour, shades, fabrics, materials and other specifications. To the fullest extent permitted by law, the Supplier or our Companies accepts no liability whatsoever for any loss or damage (including,without limitation, consequential loss or damage), directly or indirectly, arising out of or in connection with same.
4/ Materials :
The Customer acknowledges that due to the nature of the goods and services supplied by the Companies to the supplier for resale 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.
Goods received considered not as advertised may be returned at the customers expense to be evaluated with the appropriate documentation on request. The Customer accepts any goods evaluated are subject to the Companies policies outlined in clause 3 - Supplied Goods Specifications Any goods that do not meet the Companies specification tolerances the supplier reserves the right to either refund or replace these items to the customer.
If the Customer intends to print, embroider or otherwise alter ordered goods in anyway, the Customer is encouraged to test the goods actually delivered prior to printing, embroidering or otherwise altering in anyway, as the Company will not to the fullest extent permitted by law be liable for or accept for return any goods which have been printed, embroidered or otherwise altered in anyway
5/ Orders :
5.1 ..... 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 Customer at the Suppliers discretion.
5.2 ..... 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.
5.3 .... Orders delivered that may be missing items - Shortages must be notified within 48 hours of receipt of the goods , these items are then either put on back order and dispatched when available or Splash Alley will refund in full the unit price for the missing item(s) only .
5.4 .... The Supplier has the sole legal right to determine to refund , back order or supply new or replacement items on any order that is delivered with missing or incorrect items - NO EXCEPTIONS.
5.5 .... The Supplier is not in any way legally liable for any goods ( orders ) NOT arriving at any destination on a due date.
5.6 .... The Supplier 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 Customer .
5.7 .... Offshore order processing - All orders are priced GST inclusive and will only be delivered or collected from a Australian mainland postcode- No GST free sales are applicable - any order that is processed as a GST free sale must be approved by the Supplier , these orders will be charged a 10% Administration Processing fee.
5.8 ....Splash Alley or Splash Alley's suppliers ( Companies ) reserve the right to alter any aspect within these or the supply terms and conditions and / or to alter terms of supply or withdraw supply at any time without notice or recourse.
6/ Credit Claims :
Goods may only be returned to the Supplier subject to the conditions as follows ;
6.1 .... The Supplier in the rare event of incorrect goods being sent is not in any way legally liable for any compensation claims or expenses occurred by the Customer. Full responsibility remains with the Customer to ensure goods are as ordered prior payment of any invoice or commencing or commissioning any third party to proceed with any associated activity with enhancing or decoration of these goods. The Supplier will in such a event only be liable for any courier or postage costs in the return of goods or costs in refunding the Customer for the return of these goods. Once any goods are received back into the dispatch warehouse in the condition as sent will a credit issued for the value of goods as invoiced, this sum only will be refundable to the Customer
6.2 .... The Suppliers must be notified in writing by the Customers the intention to return goods within seven business days of receipt and the return MUST be authorized by The Supplier in writing with the issuing of the Suppliers authorization number before such return is effected.
6.3 .... The Suppliers shall not accept the return of goods unless such goods are returned to the Suppliers Companies within seven business days of the receipt of the authorization documentation by the Customer.
6.4 ... Goods returned must be accompanied with the Suppliers authorization numbers.
6.5 .... The Customer shall be be responsible for all charges and costs incurred in the return of goods unless such the suppliers determine otherwise.
6.6 .... Credit claims for shortages must be notified to the Suppliers in writing within 48 hours of receipt of the goods .
6.7 .... The Suppliers shall not accept or agree to a credit claim where the Customer has had the goods delivered to the Customers nominated screen printer or embroider or any third party.
6.8 .... The suppliers shall not accept or agree to a credit claim once artwork has been approved by the Customer 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.
6.9 .... Goods decorated are not eligible for return under any circumstances - The Supplier reserves the right to determine what action to take on any goods provided to the Customer which in the rare occasion may be incorrectly decorated or not as ordered to either credit or replace.
6.10 .... Goods sent as ordered are not returnable under any circumstances unless incorrect style, incorrectly sized or damaged goods have been received by the Customer.
6.11 .... Credit claims shall not be accepted by the Suppliers where the goods are samples.
6.12 .... Discontinued stock items are not eligible for return under any circumstances .
6.13 .... Goods returned will must be in the original condition as sent - ( I.E in garment bag unmarked ) or they will not be accepted for credit.
6.14 .... Samples will be only credited against an new order placement - otherwise no credit returns as per sample policy.
6.15 .... A 10% or $20.00 - $25.00 + gst which ever is the greater sum administrative charge will be applied on any refund on all returned goods.
7/ Price and Payment :
7.1 .... Prices of goods are subject to periodic change.
7.2 .... Non stocked goods will be quoted accordingly.
7.3 .... Pricing on this website is for reference purposes only and may contain occasional errors - Customers are encouraged to request written quotes
7.4 .... All quotes from the Supplier are valid for a period of 14 days from date of issue.
7.5 .... The Suppliers payment terms are that payment shall be made by the Customer to the Suppliers for all goods before dispatch or unless dispatched on goodwill by the Supplier
7.6 .... On goods dispatched to the Customer on goodwill or after a credit account has been opened for the Customer, 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 Customer of the goods.
7.7 .... Any goods dispatched on goodwill to the Customer the balance of any outstanding amount of monies due on that order be paid in full within 7 days of receipt of the goods.
7.8 ..... If payment is not made in accordance with Clauses 7.5 , 7.6 or 7.7 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.
7.9 ..... Monies due by the Customer to the supplier shall become payable immediately upon the Customer committing any act of insolvency.
8/ Risk :
8.1 ..... Risk in the goods shall pass to the Customer at the date of dispatch and the Customer shall if deemed necessary insure all goods that are at its risk.
8.2 ..... Risk on goods shall pass to the Customer 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.
8.3 ..... The Supplier accepts no risk liability on any order sent to a third party.
9/ Title :
9.1 ..... Not withstanding that Risk in the goods shall pass to the account holder Customer 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.
9.2 ..... In the event that the account holder Customer 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 Customers premises without such person being deemed a trespasser to retake possession of the goods situated or stored thereon.
9.3 ..... The account holder Customer 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 Customer.
9.4 ..... The account holder Customer hereby acknowledges that the Suppliers have a lieu over all goods in possession of the account holder Customer which belong to and are owned by the account holder Customer to secure payment of any monies due to the suppliers .
10/ Change Of Ownership :
The Customer hereby agrees to notify the Suppliers in writing of any change of ownership of the Customer 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 Customers failure to do so .
11/ Collection Charges :
The Customer hereby agrees to pay all costs incurred by the Suppliers including commission charges by Collection Agencies and legal costs and disbursements ( including Solicitor / Customer cost ) for the collection of any outstanding monies owned by the Customer to the Suppliers .
The Customer 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 / Customer cost ) for the collection of any outstanding monies owned by the Customer to the Suppliers if payment for those goods has not been received in sixty days.
12/ Jurisdiction :
The parties hereby agree that the proper law of all contracts arising between the Suppliers and the Customer 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.