Terms & Conditions of use of Website
This website is owned by and the content is published by Calcoup Knitwear Pty Limited (ABN 37 164 487 085). By browsing and using our website you are agreeing to comply with and be bound by the following terms and conditions of use
- The information and settings provided in this website are correct at the time of publishing. We take no responsibility for the accuracy of the information, graphics and settings at the time of manufacture. All product specifications are obtained from our suppliers and third parties. We take every possible precaution to deliver accurate item(s), but cannot be held responsible for minor variances that may occur in the manufacture of such item(s). In the event that any errors or omissions on the website are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible. However we will not be responsible for any consequential loss suffered by any users of the website as a result of our errors or omissions.
- The content of the pages of this website is for your general information and use only. We reserve the right to amend or update our website without providing notice to you.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions of use
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without our prior written consent.
This website and its content is copyright of Calcoup Knitwear Pty Limited (ABN 37 164 487 085) © Calcoup Knitwear 2011. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only.
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
STANDARD CALCOUP TRADING TERMS
Calcoup Knitwear Pty Ltd. t/a Calcoup Knitwear shall only supply Goods on the following terms and conditions unless we agree to alter these in writing.
In these trading terms unless otherwise indicated by context:
"Calcoup, We, Us, Our" means the supplier of the Goods
"Goods" shall mean the Goods supplied by Calcoup to You.
"GST" means goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"You, Your" means the purchaser of the Goods.
"Warranty Period" means the warranty period for You to make a claim pursuant to the warranty outlined in clause 4 for material defects and workmanship being 12 months from the date of purchase of the Goods.
1.1 Submission of a purchase order by You shall constitute deemed acceptance of these terms and conditions.
1.2 Our minimum order quantity per order is twenty-five (25) garments. This may be altered from time to time depending on circumstances. We reserve the right to impose a surcharge at any time to any order. Colours, sizes and styles ordered incorrectly will not be exchanged.
1.3 Calcoup will only accept written orders sent by mail, fax or email.
1.4 Once an order has commenced the manufacturing process it may not be cancelled or altered.
1.5 You undertake to give Calcoup not less than seven (7) days notice of any proposed change in Your name, details or delivery address.
2 STOCK SERVICED PRODUCTS (non school garments)
2.1 Calcoup maintain a limited range of stock service items. A minimum order for stock service orders is ten (10) garments. Garments will be labelled with Calcoup labels and maybe manufactured in Australia or Overseas.
2.2 Freight will be charged at our applicable freight contractor's rate on each order. Orders of more than forty (40) garments delivered to metropolitan Sydney, Melbourne and Brisbane will be freight free.
2.3 NO BACK ORDERS WILL BE ACCEPTED FOR STOCK SERVICE LINES.
3 PRICES AND DELIVERY
3.1 All our prices are subject to change without notice and are excluding GST.
3.2 Garments will be invoiced with current price at the time of delivery and the invoice will be sent with the delivery.
3.3 All GST and other taxes are to be paid by the account on the invoice.
3.4 You will be advised a delivery date on receipt of your order. Calcoup will use all reasonable resources to comply with that date, however from time to time these dates may alter for various reasons and We will endeavour to keep You advised of these changes.
3.5 Deliveries are F.I.S Metropolitan Capital Cities, Gold Coast, Newcastle and Wollongong; all other areas are FOB via our applicable freight contractor or one designated by You.
3.6 Time for payment of the Goods shall be of the essence and will be stated on the invoice. If no time is stated then payment shall be on delivery of the Goods.
3.7 At Calcoup's sole discretion payment if You are deemed to be an approved purchaser for credit purposes, will be due on 30 days following the end of the month which a statement is posted to Your address.
3.8 Credit accounts will not be given unless credit reference checks are complete to the satisfaction of Calcoup.
3.9 Initial orders maybe COD until reference checks are completed.
3.10 If You qualify for credit in accordance with Calcoup's policy, Calcoup may at its discretion apply a discount to your purchase orders.
4 CLAIMS, RETURN OF GOODS, LIMITATION OF LIABILITY & RISK
4.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
4.2 Calcoup warrants that the Goods will be free from defective workmanship and materials.
4.3 The warranty described herein shall be the sole exclusive warranties granted by Calcoup and shall be the sole and exclusive remedy available to You in addition to other rights and remedies You may have under law in relation to the Goods to which this warranty relates.
4.4 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
4.5 Correction of defects, in a manner and for the Warranty Period described herein, shall constitute complete fulfilment of all liabilities and responsibilities of Calcoup to the You with respect to the Goods and shall constitute full satisfaction of all claims, whether based on contract, negligence, and strict liability otherwise. In no event shall Calcoup be liable, or in any way responsible, for any damages or defects in the Goods which were caused by repairs or attempted repairs performed by anyone other than Calcoup or any authorised service provider.
4.6 Calcoup shall not be liable or in any way responsible for any incidental or consequential economic or property damage, except where Calcoup is in breach of the guarantees provided to You in accordance with Schedule Two of the Competition and Consumer Act 2010 (Cth), or applicable legislation from time to time.
4.7 Before any action is taken or claim made for a fault, the garments must be assessed by our Quality Assurance Officer. A more detailed policy is available. Calcoup reserve the right to repair or replace or credit the cost of a garment if it is a manufacturing fault.
4.8 Warranty coverage does not apply when;
- The Goods have been subjected to fair, wear and tear;
- Unauthorised modifications or repair of the Goods;
- The Goods are damaged as a result of failing to comply with the manufacturer's care and storage instructions, including but not limited to insect damage.
- The Goods are second hand, in that You are not the original purchaser of the Goods.
4.9 Any claims for short deliveries must be made with seven (7) days of the delivery. Any claims for adjustments to an invoice must be made in writing within 45 days of the invoice date.
4.10 Calcoup will not accept goods returned for credit without prior authorisation.
4.11 All goods returned must be in the original condition and packaging with proof of purchase. Cost incurred for returning goods will be at Your expense.
4.12 You acknowledge that the ownership of Goods delivered by Calcoup to You is only transferred to You when You have paid all sums owing to Calcoup on any account whatsoever under these terms and conditions and until such time We have the right to call for or recover the Goods at Our option (for which purpose our employees for agents may enter your premises) and You are obliged to deliver up the Goods if so directed by Us ,in accordance with the enforcement procedures outlined in Chapter 4 of the Personal Properties Security Act 2009 (Cth) or any applicable legislation from time to time.
4.13 Risk in the Goods shall pass to You upon delivery of the Goods.
5 SAMPLING AND EMBROIDERY
5.1 Calcoup has a design service available for sampling. Depending on the style and the amount of technical input required, a quote for samples will be made. The company will endeavour to complete sample requests within ten (10) working days depending on demand.
5.2 Embroidery can be arranged at competitive prices and a quote will be given before any embroidery is undertaken. If You wish to use Your own embroidery company then the garments will be fully inspected, invoiced to You and delivered to the embroiderer. The garments are then Your responsibility.
5.3 You will be requested to sign the Sample Approval Form before production commences. Specially dyed yarns will require a Yarn Acceptance Form to be completed before the yarn is ordered from the supplier. Specially dyed yarns take eight (8) weeks to produce locally from approval. Special colour yarns required from overseas will take twelve (12) weeks subject to shipping being available.
6 SCHOOL WHOLESALER OR RE-SELLER TRADING TERMS
6.1 If You have a total garment management operation that supplies a number of schools and purchases a minimum of one hundred (100) garments per year You are deemed to be a wholesaler or re-seller. You will purchase at Our published school prices less a discount to assist with distribution. The discount may vary depending on the trading conditions and will be deducted off invoice. Calcoup maintains the right to determine who qualifies for the discount.
7 STOCK SERVICE (School Garments)
7.1 We have established a stock service of plain garments, in basic school colours. The school stock service is available in sizes 4 to 28. Minimum orders from the stock service will be ten (10) garments. Freight will be charged on orders less than forty (40). There are no discounts on stock service garments.
8 REGISTRATION OF SECURITY INTEREST
8.1 You acknowledge that We may register at Our discretion Our interests in the Goods as a Security Interest. We will provide a copy of the Verification Statement once the Security Interest has been registered.
9.1 These terms and conditions are governed by the Personal Property Securities Act 2009 (Cth), as amended from time to time. Any capitalised words used in these terms and conditions but not defined herein shall take on the meaning of such defined words in the Act and if not defined in the Act, then its ordinary meaning.
10.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.2 All Goods supplied by Us are subject to the laws of New South Wales and We take no responsibility for changes in the law which affect the Goods supplied.
10.3 In the event of any breach of these terms by Us, Your remedies shall be limited to damages. Under no circumstances shall Our liability exceed the price of the Goods.
10.4 Calcoup reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions that change will take effect from the date on which We Calcoup notify You of such change.
10.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.
The Management of Calcoup Knitwear
These Trading Terms are current as at 30 March 2012
Please address all mail to: Calcoup Knitwear Pty Ltd, PO BOX CP224 Condell Park, NSW Australia 2200.