ESP
Terms & Conditions of Sale
The Short version
1 All prices shown online DO NOT INCLUDE GST
2 All artwork must be signed off in writing ,by fax, post, email or in person
and received by an ESP staff member prior to ESP Promotions commencing any job.
Delays incurred in seeking artwork approval will delay job finish dates.
3 By placing an order with Davies Australia Pty Ltd t/as ESP Promotions ( ABN 58
085 312 018 ), you are entering a legal agreement between you, as a single
entity, the company / organisation you represent and Davies Australia Pty Ltd
t/as ESP Promotions ( ABN 58 085 312 018 )
4 A 50 % deposit on all orders over $300.00 ex GST is required, and balance
payable prior to dispatch of the goods weather by freight or by pickup.
5 "Quick Turnaround" jobs may incur additional fees for the privilege of
"jumping the Queue". we generally do not make a habit of allowing this to happen
as all customers are deemed to be equally important to us, and the people who
organise themselves in a timely manner before their event, should not be delayed
in the Que. Therefore we charge a premium to cover our additional costs to get
the job done.
6 Job turnaround times will vary based on what you have ordered. This will be
advised when the order is confirmed.
7 Small orders may incur delays as we need to meet suppliers requirements before
we can place an order form our suppliers. A small order fee my be applicable to
cover the admin time and the freight inwards for such orders.
8 Ownership of all goods remains with Davies Australia Pty Ltd t/as ESP
Promotions ( ABN 58 085 312 018 ) until full payment is cleared. Any non settled
account at the 45th day after invoice will be sent to our debt collection agency
in which all costs incurred by this service are due and payable by you. Refer to
the more detailed description below.
9 We reserve the right to ship finished contents 3 % + / - variance as deemed
"completed order" from time to time our suppliers can be over or under in the
cartons we receive. It is very rare this will occur and more often you will be
over supplied than being short.
10 we accept CASH, CHEQUE, VISA, MASTERCARD, AMERICAN EXPRESS, EFT and PAYPAL.
Our preferred method is EFT. We provide details with an order.
--------------------------------------------------------------------------------
The long Version
1/ Definition :
1.1 ..... " The Suppliers " means Davies Australia Pty Ltd t/as ESP Promotions.
( ABN 58 085 312 018 )
1.2 ..... " Purchaser " means the person ordering the goods. The subject of this
contract
1.3 ..... " Goods " means the goods supplied by Davies Australia Pty Ltd t/as
ESP Promotions. ( ABN 58 085 312 018 )
1.4 ..... " 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 :
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 negatived
3/ Orders :
3.1 ..... 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 Purchaser at the Suppliers discretion.
3.2 ..... 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.
3.3 .... Orders delivered that may be missing items - these items are put be put
on backorder and dispatched when available or ESP Promotions. ( ABN 58 085 312
018 ) will refund in full the unit price for the missing item's) only
3.4 .... ESP Promotions. ( ABN 58 085 312 018 ) has the sole legal right to
determine to refund , backorder or supply new or replacement items on any order
that is delivered with missing or incorrect items - NO EXCEPTIONS
3.5 .... ESP Promotions. ( ABN 58 085 312 018 ) is not in any way legally liable
for any goods ( orders ) NOT arriving at any destination on a due date.
3.6 .... ESP Promotions. ( ABN 58 085 312 018 ) always will endeavour to deliver
all goods ( orders ) as requested on time but are not responsible or legally
liable for any delays in delivery to the purchaser .
4/ Credit Claims :
Goods may only be returned to the Supplier subject to the conditions as follows
;
4.1 .... The Suppliers must be notified in writing by the Purchasers the
intention to return goods and the return MUST be authorized by ESP Promotions. (
ABN 58 085 312 018 ) in writing.
4.2 .... The Suppliers shall not accept the return of goods unless such goods
are returned to the Suppliers within seven days of the receipt by the purchaser.
4.3 .... Goods returned must be accompanied with a copy of the relevant invoice
number . The Suppliers authorization numbers and the same 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 such 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 where the
Purchaser has had the goods delivered to the purchasers nominated address or any
third party location.
4.7 .... The suppliers shall not accept or agree to a credit claim once artwork
has been approved by the Purchaser on any stock items where the Supplier has had
the goods delivered to the Suppliers nominated screen printer or embroider or
any third party
4.8 .... The Supplier reserves the right to determine what action if any is
required on all decorated orders which in the rare occasion may be incorrectly
decorated.
4.9 .... Goods sent as ordered are not returnable under any circumstances unless
incorrect style, incorrectly sized or damaged goods have been received by the
Purchaser.
4.10 .... Credit claims shall not be accepted by the Suppliers where the goods
are samples or orders under ten units.
4.11 .... Discontinued stock items are not eligible for return under any
circumstances .
4.12 .... Goods returned will must be in the original condition as sent - ( e.g.
in garment bag unmarked ) or they will not be accepted for credit.
4.13 .... Samples will be only credited against an new order placement -
otherwise no credit returns.
4.14 .... A 10% or $20.00 + GST which ever is the greater sum administrative
charge may be applied on any refund on all returned goods.
5/ Price and Payment :
5.1 ..... Prices of goods are subject to periodic change and any quote is only
valid for a period of 30 days from issue.
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 before dispatch or unless dispatched on
goodwill by the Supplier. 50 % deposit is standard on all orders over $300
5.4 ..... On goods dispatched to the Purchaser on goodwill or after a credit
account has been opened for the Purchaser, 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 Purchaser of the goods.
5.5 .... Any goods dispatched on goodwill to the Purchaser the balance of any
outstanding amount of monies due on that order be paid in full within 7 days of
receipt of the goods.
5.6 ..... If payment is not made in accordance with Clauses 5.3 , 5.4 or 5.5
then interest and administrative charges calculated at the interest rate of 15%
pa charges weekly shall accrue on the monies due and payment shall be credited
by the Suppliers firstly against any interest and administrative charges due.
5.7 ..... 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 dispatch
and the Purchaser shall if deemed necessary insure all goods that are at its
risk .
6.2 ..... Risk on goods shall pass to the Purchaser 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.
6.3 ..... ESP Promotions. ( ABN 58 085 312 018 ) accepts no risk liability on
any order sent to a third party.
7/ Title :
7.1 ..... Not withstanding that Risk in the goods shall pass to the account
holder 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 for in
full.
7.2 ..... In the event that the account holder Purchaser 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 Purchasers premises without such person being deemed a trespasser to retake
possession of the goods situated or stored thereon.
7.3 ..... The account holder 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 account holder Purchaser hereby acknowledges that the Suppliers
have a lieu over all goods in possession of the account holder Purchaser which
belong to and are owned by the account holder 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 of New South Wales 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 cost ) for the collection of any outstanding monies
owned by the Purchaser to the Suppliers .
The Purchaser 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 / Client cost ) for the collection of any outstanding monies
owned by the Purchaser to the Suppliers if payment for those goods has not been
received in forty five days from invoice date. Click Here to go to out Trophy
website. Also Brand New to ESP is the in-house Laser Engraving service. We can
do small runs of promotional items, like Key rings, Pens and Gift Sets, Timber
plaques, Trophy's and Awards, Xmas and Individual Gifts, with a special 4 day
Express service for when the times are urgent commencing in early 2009.
For more information please call Cathy on 1800 085477 or 02 4946 2033 .