Anti-Static | High
Visibility | Ethical Standards
| Terms & Conditions
TERMS AND CONDITIONS OF SALE
These terms and conditions (together with the information provided
on Katrina Trading Company invoice) form the entire agreement between
Katrina Trading Company and the purchaser with respect to the products
or service’s provided. The Purchaser means the person named in
that invoice, order or quotation. This agreement can only be modified
if expressly agreed in writing by both Katrina Trading Company and the
Purchaser. No prior correspondence, discussion or other terms and conditions
form part of the agreement unless so stated herein. Purchaser with respect
to, the products or services supplied. The Purchaser means the person
named in the order, invoice or quotation. This agreement can only be
modified if expressly agreed in writing by both Katrina Trading Company
and the Purchaser. No prior correspondence, discussion or other terms
and Conditions form part of the agreement unless so stated herein. Unless
a quotation expressly varying these terms or conditions has been issued
by Katrina Trading Company to the Purchaser, by accepting delivery the
Purchaser agrees to the supplying of products or services by Katrina
Trading Company on these terms and conditions.
1.TAXES AND DUTIES
Unless otherwise stated, all prices quoted by Katrina Trading Company
are net, but exclusive of goods and services tax. Prices are subject
to change according to changes that may occur in prevailing rates of
duties, or goods and services tax. The Purchaser must pay any goods
and services tax which is invoiced by Katrina Trading Company.
2. GOVERNING TERMS AND CONDITIONS
These are the only terms and conditions which are binding upon Katrina
Trading, with the exception of those otherwise agreed in writing by the
Katrina Trading which are imposed by a statute and which cannot be
excluded. Any direction by any Buyer either verbal or written to procure
goods or services from the Katrina Trading will be deemed as acceptance
by the Buyer of these terms and conditions, despite any provisions to
the contrary in the direction or any purchase order issued by the Buyer.
3. PRICES AND PAYMENT
Prices for products or services supplied shall be as quoted by Katrina
Trading Company and confirmed in writing with the Purchaser. Payment
is to be made in full prior to delivery unless the Purchaser has prior
credit arrangements with Katrina Trading Company. Any credit arrangements,
which the Purchaser has with Katrina Trading Company is hereby incorporated
into this agreement unless otherwise agreed in writing with Katrina
Trading Company. Katrina Trading Company credit terms provide that all
payments shall be made within 30 days, from end of month invoiced. If
the Purchaser fails to make payment in accordance with these terms,
all amounts owing by the Purchaser to Katrina Trading Company on any
account shall immediately become due and payable. Interest shall be
paid by the Purchaser on late payments, at the rate of 18% pa from the
due date, until Katrina Trading Company receives payment in full. In
addition to its rights at law, Katrina Trading Company shall be entitled
to cancel the agreement or discontinue supply of products or services
if payment has not been made in accordance with these terms. A 2%
charge will apply for credit card transactions.
4. CANCELLATION AND RETURNS
This agreement, or any order or part thereof subject to this agreement
may be modified or cancelled by the Purchaser only with the written
consent of Katrina Trading Company and only on terms which will indemnify
Katrina Trading Company against any loss, expense or damage. It is the
Purchaser’s responsibility to check goods carefully for faults
or correct colour and sizing of goods supplied prior to embroidery.
Orders for non-standard products being those specially made or ordered
by Katrina Trading Company for the Purchaser are non-cancelable and
non-returnable. Products may only be returned for credit if so agreed
in writing with Katrina Trading Company before the return. Such products
returned for credit must be returned to Katrina Trading Company with
packing slip and invoice number within 14 days of delivery, and if not
returned within this time will be deemed to be accepted by the Purchaser.
With the exception of products that are faulty or have been incorrectly
shipped by Katrina Trading Company, products returned for credit may
be subject to a 15% handling charge.
5. DELIVERY AND SHIPMENT
Delivery shall be subject to reasonable notice from the Purchaser to
Katrina Trading Company and confirmation of delivery times by Katrina
Trading Company the Purchaser shall not be relieved from any obligation
to accept or pay for the products or services by reason of any delay
in delivery. Any delivery times advised to the Purchaser are estimates,
given in good faith by Katrina Trading Company. Katrina Trading Company
shall not be liable for any loss, damage or delay whatsoever or however
occasioned to the Purchaser arising from late delivery or supply of
the products or services. Katrina Trading Company reserves the right
to make a reasonable charge for storage, if delivery arrangements or
instructions are not given to Katrina Trading Company by the Purchaser
within seven days of a request by Katrina Trading Company for such information,
or alternatively sell the products or services to other purchasers.
Katrina Trading Company reserves the right to deliver by installments.
Handling charges of $10 will be added to the price for orders of less
than $100, or where Express freight or special packaging is required.
Backorders retain same freight payment status as the original order when
it was placed. Katrina Trading Company shall not be responsible for any loss or damage
to products during delivery where a carrier, other than a carrier nominated
by Katrina Trading Company delivers product.
6. RIGHTS IN RELATION TO PRODUCTS
The risk in relation to the products shall pass to the Purchaser on
despatch / delivery but title to the products will only pass to the
Purchaser when the products are paid for in full. Until the products
are fully paid for by the Purchaser, Katrina Trading Company shall:
(i) retain title to the products.
(ii) be entitled to require the Purchaser to return any unsold products
within 7 days of
Katrina Trading Company giving notice requiring such
return.
Products resold, or the sale of products manufactured using the products,
are sold by the Purchaser as fiduciary agent for Katrina Trading Company
and if Katrina Trading Company has not been fully paid for the products,
the Purchaser shall hold the proceeds of any such sale on trust for
Katrina Trading Company and shall pay such amount to Katrina Trading
Company upon request. Nothing herein shall limit or exclude the remedies
available to Katrina Trading Company at law.
7. PERFORMANCE AND DESCRIPTION
Any product description or other particulars associated with or given
in a quotation, descriptive literature, catalogue or other information
by Katrina Trading Company may be subject to change without notice.
Advice, performance criteria, information or the like given by Katrina
Trading Company whether in relation to its own or a third party's products
or services, are given in good faith. Any liability thereby arising
will be limited in accordance with Clause 8 of these terms and conditions
The Purchaser hereby acknowledges that it has satisfied itself as to
the suitability of the products or services for the Purchaser's particular
purpose or use, and will ensure the products or services are safe for
the intended purposes.
8. INTELLECTUAL PROPERTY
In the event any claim is made arising out of or in conjunction with
the Purchaser's action for infringement of intellectual property rights
relating to the products or services, Katrina Trading Company shall
have the right to suspend further sales and deliveries to the Purchaser
until proper disposal of any and all such claims. In no event shall
Katrina Trading Company be liable for any damages, costs or expenses
by reason of any such claims, suit proceeding or demand. The Purchaser
acknowledges the proprietary interests, which Katrina Trading Company
has in any trademark and trade name, which are or may be used in connection
with the products or services. All such trade marks and trade names
are and shall remain the sole property of Katrina Trading Company. The
Purchaser shall not without the prior written consent of Katrina Trading
Company, register any trade marks and trade names which are or may be
used in connection with the products or services. The Purchaser shall
not register any where, any trade marks or trade names which are the
same as or similar to any trade mark or trade name of or used by Katrina
Trading Company.
9. WARRANTY
(1a) Katrina Trading Company agrees in respect of products manufactured
or services provided by it to make good any defects by repairing the
same or at Katrina Trading Company option replacement or payment of
an amount equal to the cost of repair or replacement, within a period.
End User supply or installation, provided that Katrina Trading Company
considers defects have arisen solely from faulty material or workmanship.
(1b) The products have not been subjected to maltreatment, or interference.
The failure or defect has not been the result of inattention or misapplication
by the Purchaser.
(1c) Instructions specified are strictly complied with and the products
have been used or operated in the conditions and for the purposes specified.
(1d) Other, products and accessories used by the Purchaser in conjunction
with the products or services are manufactured by or approved by Katrina
Trading Company;
(1e) The defective parts are promptly returned to Katrina Trading Company.
(2a) In the case of products or services supplied but not manufactured
by Katrina Trading Company, the the Purchaser in lieu of any other warranty
thereof shall accept guarantee of the manufacturer herein and is the
only express guarantee given to the Purchaser in respect of the products
or services;
(2b) To the maximum extent permitted by law Katrina Trading Company liability
for breach of the express warranties provided herein, for breach of
statute, for breach of conditions or warranties implied by law which
cannot be excluded, or for breach of a duty of care, is strictly limited
in the case of supply of products to repair of, the replacement of or
payment for, the products, or at Katrina Trading Company option an amount
equivalent to the cost of supply of the service or an equivalent service,
and will be reduced by the extent of any contributory negligence of
the Purchaser.
(2c) To the maximum extent permitted by law, Katrina Trading Company
excludes liability for any incidental, indirect, special or consequential
losses or damages or economic losses including but not limited to loss
of clientele, loss of business revenues or loss of profits in relation
to the supply of products or services by Katrina Trading Company whether
arising out of breach of the express warranties provided herein, express
or implied warranties, breach of statute, breach of any duty of care
or in any way whatsoever to any person, corporation or other entity.
10. ADVERTISING
The Purchaser indemnifies Katrina Trading Company against any liability,
loss, claim, expense or demand arising from any false, misleading, deceptive
or untrue representation or statement made by the Purchaser to any person
concerning the products or services supplied under this agreement. The
Purchaser acknowledges that it shall not use the Katrina Trading Company
logo or brand names in the Purchaser's advertising without first obtaining
consent in writing to do so from Katrina Trading Company.
11. DEFAULT OF THE PURCHASER
If the Purchaser commits an act or omission in breach of this agreement
or makes any voluntary arrangement with its creditors or becomes subject
to an administration order or (being an individual) becomes bankrupt
or (being a company) goes into liquidation or a receiver or administrator
is appointed of any property or assets of the Purchaser or the Purchaser
ceases or threatens to cease to carry on business or Katrina Trading
Company reasonably apprehends that any of the events mentioned above
are about to occur then (without prejudice to any other right or remedy
available to Katrina Trading Company) Katrina Trading Company may cancel
this agreement or suspend further sales or deliveries without any liability
to the Purchaser and if the products or services have been delivered
but not paid for, the price shall become immediately due and payable
notwithstanding the terms of this agreement or any other agreement to
the contrary.
12. FORCE MAJEURE
If Katrina Trading Company is unable to perform in whole or in part
any obligation under this agreement by reason of any fact, circumstance,
matter or thing beyond the reasonable control of Katrina Trading Company
including acts of God fire, flood, government actions, strikes, lock
outs, raw materials shortages, accidents or breakdowns of plant or equipment
Katrina Trading Company shall be relieved of its obligations under this
agreement to the extent and for the period that it is so unable to perform
and shall not be liable to any party in respect of such inability.
13. CONFIDENTIAL INFORMATION
If at any time Katrina Trading Company discloses to the Purchaser or
the Purchaser becomes aware of confidential information of Katrina Trading
Company including confidential information relating to products, material
procedures, tests or equipment, the Purchaser shall not use the information
for any purpose not approved by Katrina Trading Company and shall not
disclose that confidential information to any other person unless expressly
agreed in writing by Katrina Trading Company.
14. PALLETS
Unless otherwise stated all pallets or containers delivered with the
products remain the property of Katrina Trading Company and shall be
returned in good order and condition to Katrina Trading Company.
15. SAMPLES
Samples of product developed for a specific Purchaser, shall be at the
Purchaser's expense and cannot be returned for credit.
16. PLACE OF CONTRACT - GOVERNING LAW
This agreement is made in New South Wales and shall be governed and
construed with the laws in force in New South Wales.
