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My Quote

Customer Service

Contact
Lots of ways to contact your local store.
 
 
Store Locator
Find your local Hip Pocket store.
 
 
Complete Circle of Service

It’s the little things that make the big difference

It’s the little things that make the big difference

QUALITY VALUE SERVICE

 

Service Feature

Customer Benefit

National network of over 40+ stores in Australia and 2 in Papua New Guinea

 

There is a Hip Pocket store conveniently near you

Comprehensive web site and product quote request tool

 

Allows you to shop from wherever you are from your desk top computer, mobile tablet device or smart phone saving you time

Full e-commerce on-line ordering

Tailored to your product requirements with 24/7 access. Allows you to manage your uniform and safety requirements for one site or multiple

Complete supply chain management

One stop shop saving you time and money with a dedicated account manager and *stock service support for fast and efficient turnaround for all your workplace uniforms and safety requirements

Individually packed customer orders 

 

Saves you time and money in receiving and processing your staff orders. Simply receive and distribute

Embroidery, screen pressing, digital printing and heat pressing

 

Hip Pocket offers the value added service of being able to add your company logo to your garments

*Custom designed uniform service

 

For customers looking for a uniform point of difference

On site staff fittings for convenience

 

Saves our customers time and money. Hip Pocket can come on site and fit all your staff out and manage their size requirements for future orders

Free on site sign audits

 

Make sure your work site is sign safe and up-to-date

Deliveries to your door

 

Each Hip Pocket store provides free local area deliveries and can arrange national distribution

When safety matters 24/7 on site service

 

You can count on the Hip Pocket team to be there when you need

 

Contact your local Hip Pocket Workwear & Safety store for more details. We look forward to being at your service.

*Conditions apply, Minimum Order Requirements, See store for details. 

 

 
 
Quote and Ordering
Step by Step instructions on Quotes and Ordering

Its quick and easy to obtain a customised quote for all your needs
1. Select the items from the product pages 
2. Click the button 'Add to Quote'
3. From the 'My Quote' drop down click 'Submit Quote'
4. Complete your details and 'Submit Quote Request'
5. Your local store will be back in touch with you with all the details

To place an order online you will need to register as a Hip Pocket Trade Customer

Please Note: Not all styles are carried in store. A price will be submitted and can be ordered upon request. Your local store will be able to provide more information.
 
 
Layby Policy
Layby is only available at selected retail stores, and is not available online.
For further details, refer to your local store.

TERMS AND CONDITIONS

A deposit to the value of 20% of the total purchase price is required to begin a lay-by.
Payments are to be made fortnightly.
Lay-bys should not exceed a 4 week period.
Failure to complete payments in the specified time makes the goods and the 20% deposit liable for forfeiture.
A lay-by can be cancelled by the purchaser within the 4 week period however the 20% deposit is payable as a cancellation fee.
Lay-by parcels cannot be broken or transferred without the 20% deposit being paid as a cancellation fee.
Lay-by items cannot be exchanged or refunded after the lay-by has been finalised and collected if you change your mind.
 
 
Embroidery & Decoration
Embroider, sublimate, screen-press or heat press, we make it easy to promote your business.

Promote your business and professional image by adding your company logo and staff names to garments. We can embroider, sublimate, screen-press or heat press logos onto garments and promotional items to enhance your corporate image.

Embroidery

Hip Pocket Workwear & Safety offers a wide-selection of high-quality custom apparel solutions to ensure you can find exactly what you need for any marketing strategy, event, or organization. If you are looking for a classy, upscale look, custom apparel embroidery is just what you want to enhance your image and brand. The most popular of all the apparel embellishment techniques, embroidery gives a professional, distinctive and sophisticated look to your logo. Not only that, embroidery is the most durable option available and won’t wear off.

Hip Pocket Workwear & Safety offers expert custom embroidery services in house, so you can be assured that your project will receive personal attention from our dedicated staff. Your embroidered custom logo will ensure your company gets noticed when it’s applied to styles ranging from traditional business, new corporate casual looks, or relaxed cotton performance polos, not to mention t-shirts, bags, hats and other apparel items.

Embroidery is also the best solution for classic event apparel, such as golf tournaments or charity functions. Embroidered logos on apparel amps up your campaign’s brand awareness, especially when all participants are wearing the same shirt, hat or other item.

Hip Pocket Workwear & Safety also offers direct-to-garment printing and custom screen printing. Our on-site specialists are an extension of your marketing department. We will assist in identifying and customizing products that meet your promotional goals.

Hip Pocket Workwear & Safety is the best and most convenient place to have promotional items embroidered fast. Call for a fast, free quote today or visit one of our many locally-owned Hip Pocket Workwear & Safety store.

Screen Printing

Hip Pocket Workwear & Safety offers a complete screening printing service on a large range of clothing, umbrellas, bags, and other materials. For larger quantities, this can often work out to be the most cost effective solution. We offer a complete Screen-printing service on a large range of clothing including T-shirts, Polo-shirts, Jumpers, umbrellas, bags, and other materials. Using traditional techniques for screen printing along with the latest in digital technologies we are committed to providing our clients with practical output solution for your screen printing requirements.

Contact us today and we’ll see whether screen printing is the best option for you.

Dye Sublimation

Dye sublimation is the process of transferring dye to an alternate medium via the use of heat. Full color digital processes can decorate your garments or promotional products utilizing this process. Hip Pocket Workwear & Safety has the ability to custom-make your garments according to your design – the limit is your imagination!

Our dye sublimated apparel is perfect for those customers who want something just a little bit different, something personalized, or something that will help you get noticed. It is also a great option for those companies that have multiple sponsors or logos on their apparel, and this can help to reduce setup and embroidery charges.

This process is also appropriate for promotional products. Talk to your locally-owned Hip Pocket Workwear & Safety stores for more details on how we can promote your business and brand.

Vinyl Transfers

Heat vinyl transfers are another popular options for sports teams and larger images or logos. Choose from a wide range of logos and have numbers of lettering cut out using our digital vinyl plotter – Or if you need multiple colours then a digitally printed transfer is ideal.

Digital prints also allow for reproduction on darker coloured clothing. The modern super stretch materials are bonded to the product and maintain their colour and glossy appearance for the life of the garment.

 
 
Shipping & Delivery

Shipping Options

 

WHERE DO YOU DELIVER?

We deliver to Australia only at this point in time.

WHERE IS MY ORDER?

Your local store will communicate directly with you.

HOW MUCH DOES SHIPPING COST AND HOW LONG DOES IT TAKE?

Your local store will advise if there is a cost of shipping and the most efficient carrier to your location.

CAN I ORDER ONLINE AND COLLECT FROM MY LOCAL HIP POCKET WORKWEAR & SAFETY STORE?

Yes, you can pick up your order from your local Hip Pocket Workwear & Safety store.

WHY IS THERE A DELAY BETWEEN THE DISPATCH EMAIL AND DELIVERY?

We send a dispatch email when the parcel leaves us. Depending on the shipping service you've chosen, your Hip Pocket Workwear & Safety pack will then spend a certain amount of time travelling to get to you.

CAN I SEND AN ORDER TO ANOTHER ADDRESS?

Yes! You can send your order to another address other than your registered address, which is useful when you're sending Hip Pocket Workwear & Safety packs to your employees, mates or family.

 
 
Returns & Refunds

This policy applies to products purchased from the website www.hippocketworkwear.com.au

 

WHAT IS THE PROCESS FOR RETURNS?

Returns accepted for change of mind on goods purchased online within 30 days from date of invoice or at any time if goods are deemed faulty.

In order to return or exchange goods products must be in the same condition as originally received and include swing tags/labels. Register your intention to return goods by contacting our Customer Service team. Our Customer Service Team will provide you with a returns authorization number. It is essential to write this number on the returns form included in your delivery. You can then return the goods to us by using the Reply Paid address at no cost to you.

WHAT ARE MY OPTIONS WHEN I RETURN AN ITEM BOUGHT FROM THE WEBSITE?

Hip Pocket Workwear & Safety provides you with three return options for faulty or incorrectly delivered goods, for deliveries within Australia where our change of mind policy applies.

These are:
1. Exchange or replacement (for customers with a Hip Pocket Workwear & Safety online account)
2. Credit to your Hip Pocket Workwear & Safety online account (for customers with a Hip Pocket Workwear & Safety online account)
3. Full refund to your account, e.g. credit card, PayPal (for all customers)

If you paid for your order without registering for a Hip Pocket Workwear & Safety online account, the value of the goods returned will be refunded to your credit card or paypal account. If you require a replacement item, please visit our online store and place another order or contact our Customer Service team. If the item you are replacing was purchased at a discount, you may be required to register an account in order to receive the same discount on your replacement order.

HOW LONG WILL IT TAKE TO GET A REFUND?

Once your goods have been received by Hip Pocket Workwear & Safety, please allow up to 10 days for your refund to be processed back to your account. The receipt of your refund will depend on the period of time it takes for your financial institution to finalize the transaction.

WHAT WILL HAPPEN IF I RETURN AN ITEM PURCHASED WITH A GIFT VOUCHER?

If you have decided that you would like a refund on garments that were purchased using a Gift Voucher, all monies refunded will be credited to the original Gift Voucher only.

WHO GETS THE REFUND IF I RETURN A GIFT?

The refund on returned goods that were given as a gift will be credited to the original card or account used for the purchase.

HOW DO I CONTACT THE CUSTOMER SERVICE TEAM?

The Customer Service team operates on Monday to Friday (excluding National public holidays) from 9.00am until 5.00pm (Australian Eastern Standard/Daylight Savings Time).

You can contact us via email at workcorp@hippocketworkwear.com.au

 
 
Privacy & Security

Hip Pocket Privacy and Security

Your privacy is important to us. We will always endeavor to provide you with the securest environment possible while browsing our website. We cannot however be held responsible for the actions of any third party that is not under the control of Hip Pocket Workwear.

SECURITY ONLINE

Whilst connected to the Internet you must always be vigilant when it comes to supplying people with your personal details. At Hip Pocket Workwear we use encryption on our web servers when you transfer any details to us that might be sensitive. This means that if someone else was watching the information as it is being sent they cannot read it due to the encryption.

DISCLOSURE OF YOUR INFORMATION

Any information you supply to us is considered private and is not at any time ever supplied in any form to other parties outside of our organisation.

CONTACT US

If you have any concerns or questions relating to your privacy while using our website we would like to help. Please click here to visit contact page.

 
 
Copyright Notice

Hip Pocket Workwear.

The material on this website is protected by copyright under the laws of Australia and, through international treaties, other countries.
You may view this website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study: but only if you (a) do not modify the copy from how it appears unless expressly authorised by Hip Pocket Workwear and then only in accordance with Hip Pocket Workwear conditions; and (b) include the copyright notice "© Hip Pocket Workwear" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by a current Links Agreement with Hip Pocket Workwear, by statute or with Hip Pocket Workwear's prior written consent.

THIRD PARTY SITES

This website contains links to third party sites. Hip Pocket Workwear is not responsible for the condition or the content of those sites as they are not under Hip Pocket Workwear control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided there. You access those sites and use their products and services solely on your own risk.

This website contains advertisements for products and/or services provided by third parties. Hip Pocket Workwear is not responsible for the products or the prices of those products which are advertised.
The use of a trademark on this site is not intended to indicate any association with or endorsement by the owner of that trademark.

DISCLAIMER

In compiling the information contained on, and accessed through, this website ("Information") Hip Pocket Workwear has used its best endeavors to ensure that the Information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein.

To the extent permitted by law, Hip Pocket Workwear and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Hip Pocket Workwear limits its liability to the extent permitted by law, to the re-supply of the Information.

When you send us any feedback or suggestions in relation to Hip Pocket Workwear website, you agree that we can use any ideas, concepts, or techniques contained in the feedback or suggestions. When you participate in any chat sites, forums or other activities involving the publication of materials that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.

APPLICABLE LAW

This website (excluding any linked third party sites) is controlled by Hip Pocket Workwear. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in Victoria, Australia in accordance with the laws in force in Victoria, Australia (except any principle of conflict of laws inconsistent with this requirement).
This website may be accessed throughout Australia and overseas. Hip Pocket Workwear makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so, on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

 
 
Terms & Conditions of Sale

Terms & Conditions of Sale

These are the terms and conditions upon which each subsidiary of The Hip Pocket Workwear & Safety - Franchise or their respective Agents, sell and quote for the sale of goods.

  1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these terms and conditions, unless the context otherwise requires:

(a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.

(b) “Buyer” means the Person or Organisation named in the relevant Sales Invoice, Instrument of Agreement or Quotation.

(c) “Business Day” means a day other than a weekend or public holiday in the place which the goods are delivered.

(d) “Consumer” means:

(i) a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or

(ii) a person acquiring Goods at a price not exceeding $40,000; or

(iii) the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads,

but excludes a person acquiring the Goods, or holding himself or herself out as acquiring the Goods for the purpose of:

(i) re-supply; or

(ii) using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on land.

(e) “Excluded Loss” means:

(i) in the case of loss or damage resulting from a breach of contract (including any contractual duty of care) loss of revenue; loss of profit; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation; loss arising from late delivery or failure to deliver goods; loss arising from any business interruption; increased overhead costs and any indirect, remote or unforeseeable loss occasioned by that breach, whether or not in the reasonable contemplation of the Buyer and the Seller at the time of the Quotation, Instrument of Agreement, Sales Invoice or any delivery of goods as being a probable result of the relevant breach; and

(ii) in the case of loss or damage arising from any tort (including negligence) which does not also constitute a breach of contract - indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort.

(g) “Exclusive Goods” means any goods which are, at the Buyer’s request, embellished, embroidered, printed, machined, cut-to-size or specifically ordered for the Buyer.

(h) “GST” means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.

(i) “GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.

(j) “GST Law” has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

(k) “Instrument of Agreement” means any instrument of agreement in which these terms and conditions are or are deemed to be incorporated.

(l) “Payment” means any amount payable under or in connection with a Quotation, Instrument of Agreement or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.

(m) “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.

(n) “PPSA” means Personal Property Securities Act 2009 (Cth).

(o) “Purchase Price” means the price for the goods set out in the relevant Quotation, Instrument of Agreement or Sales Invoice.

(p) “Quotation” means the form of quotation (together with any supporting documentation, including range plans or other proposals) submitted by a Seller to the Buyer in which these terms and conditions are deemed to be incorporated.

(q) “Sales Invoice” means the sales invoice issued by a Seller to the Buyer in which these terms and conditions are or are deemed to be incorporated.

(r) “Tax Invoice” has the meaning given to that term by the GST Law.

(s) “Taxable Supply” has the meaning given to that term by the GST Law.

(t) “Seller” in relation to any Quotation, Instrument of Agreement or Sales Invoice means the relevant subsidiary (as that term is defined in the Corporations Act 2001 (Cth)) of Hip Pocket Workwear and Safety - Franchisee referred to in the Quotation, Instrument of Agreement or Sales Invoice to which the terms and conditions are incorporated.

1.2 Interpretation

(a) Any special conditions specified on a Quotation, Instrument of Agreement or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions.

(b) Words importing the singular shall include the plural (and vice versa).

(c) If any provision of these terms and conditions is invalid and does not go to the essence of these terms and conditions, these terms and conditions should be read as if that provision has been severed.

  1. GOVERNING TERMS AND CONDITIONS

These are the only terms and conditions which are binding upon a Seller with the exception of those otherwise agreed in writing by the Seller which are imposed by a statute such as the Competition and Consumer Act 2010 (Cth) and which cannot be excluded. Any direction by the Buyer either verbal or written to procure goods or services from the Seller 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.

  1. TERMS OF PAYMENT

Payment to the Seller for goods delivered and accepted is due within 30 calendar days of the end of the month in which the Buyer is invoiced for the goods. If the Buyer fails to make payment in accordance with this clause, all amounts owing by the Buyer to the Seller named in the Sales Invoice, Instrument of Agreement or Purchase Order on any account shall immediately become due and payable. Each outstanding amount shall bear interest of the rate of 10% per annum calculated on a daily basis from the day it falls due until the day it is paid. The Buyer must pay the Seller (on a full indemnity basis) any costs (including legal costs) incurred by the Seller in taking steps to recover unpaid or overdue amounts under these terms and conditions.

  1. INSPECTION AND ACCEPTANCE

 

The Buyer shall inspect all goods upon delivery and shall within two (2) Business Days of delivery give notice to the Seller named in the relevant Sales Invoice or of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Cth), the goods shall be deemed to have been delivered to and accepted by the Buyer.

 

 

  1. RETURNS

Return of goods (other than in situations where the Seller is required to accept a return of goods under the Australian Consumer Law) must be approved by the Seller named in the relevant Sales Invoice or Instrument of Agreement. These authorised returns must be freight prepaid and will only be accepted if (unless otherwise agreed with the Seller) they are:

  • in a saleable condition in their original packaging;
  • accompanied by documentation evidencing:

(i) the Buyer’s name, address and account number,

(ii) a return authorisation number and the relevant Sales Invoice number or Instrument of Agreement number under which the goods were originally supplied; and

(iii) reasonable detail regarding the reason for the return of the goods; and

  • returned within 14 days of supply.

Other than in situations where the Seller is required to accept a return of goods under the Australian Consumer Law:

(d) the Seller reserves the right to charge a handling fee of $10 or 10% of the price of the goods returned (whichever is greater) under this provision; and

(e) the Seller will not accept the return of goods specifically purchased, manufactured, machined or cut to size or to the Buyer’s specification.

  1. QUOTATIONS

(a) Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A Quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s order has been accepted in writing by the Seller which provided the Quotation.

(b) No Seller shall be bound by any conditions attaching to the Buyer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the relevant Seller in writing, the Buyer acknowledges that such conditions are expressly negatived.

(c) Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence.

(d) Where:

(i) due to the act or request of the Buyer, the initial supply of Goods commences more than 3 months after the date of acceptance of a Quotation or an Instrument of Agreement; and

(ii) the Seller’s cost to supply some or all of the Goods specified in the relevant Quotation or Instrument of Agreement have increased since the date of acceptance of the original Quotation or execution of the Instrument of Agreement,

Seller is entitled to submit a revised schedule of prices in relation to the supply of such affected Goods. Such schedule of revised prices (Price Revision Notice) must set out the basis for any price variation as between the initial Quotation/Instrument of Agreement and the Price Revision Notice. Unless the Buyer provides written notice of its objection to such revised prices within 10 Business Days of receipt of the Price Revision Notice, the Buyer will be taken to have accepted the amendment to such prices on the terms set out in the Price Revision Notice. Where the Buyer provides written notice of its objection to such revised pricing specified in the Price Revision Notice, the Seller will be under no further obligation to supply any Goods referred to in the relevant Price Revision Notice.

 

 

  1. GST

The parties agree that:

(a) the Purchase Price is inclusive of GST;

(b) all other Payments have been calculated without regard to GST;

(c) each party will comply with its obligations under the Competition and Consumer Act 2010 (Cth) when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly;

(d) if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Purchase Price) for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.

(e) any reference to a cost or expense in these terms and conditions excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.

  1. PASSING OF PROPERTY AND RISK

(a) Goods supplied by a Seller to the Buyer shall be at the Buyer’s risk immediately upon deliver to the Buyer, into the Buyer’s custody or at the Buyer’s direction (whichever happens first). The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the Seller named in the relevant Sales Invoice or Instrument of Agreement on the insurance policy and shall produce a certificate of currency to this effect to that Seller upon request.

(b) Property in the goods supplied by a Seller to the Buyer under these terms and conditions shall not pass to the Buyer until those goods and other goods have been paid for in full.

(c) Until the goods have been paid for in full:

(i) the Buyer shall store the goods in a manner which shows clearly that they are the property of the Seller which supplied them; and

(ii) the Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims). These proceeds must be kept in a separate bank account.

(d) The Buyer irrevocably authorises each Seller at any time to enter onto any premises upon which:

(i) the Seller’s goods are stored to enable the Seller to:– inspect the goods; and/or – if the Buyer has breached these terms and conditions, reclaim the goods;

(ii) the Buyer’s records pertaining to the goods are held to inspect and copy such records.

(e) The Buyer and each Seller agree that the provisions of this clause apply notwithstanding any arrangement under which that Seller grants credit to the Buyer.

(f) Each party consents to the other perfecting any security interest under these terms and conditions which arises by operation of the PPSA in any property by registration under the PPSA and agrees to do anything reasonably requested by the other party to enable it to do so.

(g) The parties contract out of each provision of the PPSA which, under section 115(1) of that Act, they are permitted to contract out of, other than:

(i) sections 117 and 118 (relationship with land laws); and

(ii) sections 134(1) and 135 (retention of collateral).

(h) Each party waives its right to receive each notice which, under section 157(3) of the PPSA, it is permitted to waive.

(i) Each party waives its rights to receive anything from any other party under section 275 of the PPSA and agrees not to make any request of any other party under that section.

  1. SUPPLY

Each Seller reserves the right to immediately suspend, cancel or discontinue the supply of goods to the Buyer without further notice to the Buyer where:

(a) the Seller reasonably suspects that the Buyer is in breach of these terms and conditions; or

(b) the Buyer is otherwise in breach of its payment obligations to the Seller (whether arising under these terms and conditions or otherwise), and the Seller will not incur any liability to the Buyer in respect of such suspended, cancelled or discontinued supply.

From time to time, the Seller may decide (in its absolute discretion) to cease stocking particular goods (Discontinued Goods). Where the Seller knows that Discontinued Goods are currently the subject of an order, Instrument of Agreement or Quotation with the Buyer, the Seller will:

  • provide reasonable notice to the Buyer of its decision to cease stocking Discontinued Goods;
  • use reasonable endeavours to ensure that quantities of Discontinued Goods that are the subject of an order at the date of giving notice under paragraph (a) will be supplied to the Buyer in accordance with that order;
  • offer to supply the Buyer with any similar goods to the Discontinued Goods that the Buyer has continued to stock (the price and terms of such supply to be agreed between the parties),

 

10. PART DELIVERIES

Each Seller reserves the right to make part deliveries of any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order.

11. TRAINING

A Seller’s Quotation or Sale Invoice is made on a supply only basis. Any training in the use of the goods or other fitting services (if any) are at the expense of the Buyer unless otherwise specified in writing by the relevant Seller.

12. DIMENSIONS, LABELLING, PERFORMANCE DATA AND OTHER DESCRIPTIVE DETAILS

(a) To the extent permitted by statute, any performance data provided by the Seller, a supplier or manufacturer is an estimate only and should be construed accordingly.

(b) Unless agreed to the contrary in writing, each Seller reserves the right to supply an alternative brand or substitute product that has characteristics that are materially consistent with the goods offered when necessary. Such substitutions will not be given effect to until approval is received from the Buyer (either verbally or in writing).

(c) Buyer must not, without Seller’s written consent, alter, remove or obliterate any labels which are attach to or incorporated in the goods.

 

13. SHIPMENT AND DELIVERY

(a) Upon acceptance of an order by a Seller that Seller will seek confirmation of the period of shipment or delivery. If any variation has occurred in the quoted period, that Seller will notify the Buyer. Unless the Buyer objects in writing within 7 days of that notification to the Buyer, the period of shipment or delivery notified to the Buyer will be the contractual period for shipment or delivery.

(b) The Seller may impose a delivery charge on all deliveries (subject to such charge being notified to the Buyer in advance) with the exception of back order deliveries which are part of an original order that has been partly fulfilled.

14. MINIMUM ORDER VALUE

 

The Seller reserves the right to:

  • refuse to supply goods where the value of the goods ordered in by the Buyer is less than the Seller’s minimum supply value (as notified by the Seller to the Buyer from time to time); or
  • (with the consent of the Buyer) increase the aggregate price payable for the goods ordered by the Buyer such that the price is at least equal to the Seller’s minimum supply value.

 

15. CONTINGENCIES

(a) The Seller is entitled to conduct a review of all pricing set out in any unfilled Instrument of Agreement on or before the end of each 12 month period covered by that Instrument of Agreement.

(b) Whilst it is the intention of the Seller to hold pricing constant, the Seller reserves the right to revise pricing where:

  1. goods are imported or have import content and an exchange rate variation occurs, an increase in import duty occurs or another similar charge is introduced or increased;
  2. any legislation, regulation or governmental policy is introduced with the effect of increasing the Seller’s input costs; and/or
  3. the price of commodities used in the production of the goods increases in a manner that causes an increase in the Seller’s input costs.

(c) In all cases justification for price variations will be provided.

16. FORCE MAJEURE

If the performance or observance of any obligations of any Seller is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller may, in its absolute discretion give prompt notice of that cause to the Buyer. On delivery of that notice the Seller is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.

17. BUYER’S CANCELLATION

Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by a Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Seller with which the order has been placed not later than 7 days prior to the estimated date of shipment by the manufacturer or that Seller as the case may be. Unless otherwise agreed between the Buyer and Seller, upon cancellation prior to shipment any deposit paid by the Buyer shall be forfeited to the manufacturer or Seller (as the case may be). Despite the cancellation of any order for any reason, the Buyer must still purchase from the Seller any goods ordered by the Buyer which constitute Exclusive Goods (whether in store, in transit or being manufactured) which were procured or ordered by the Seller before such cancellation, unless otherwise agreed in writing by the Seller.

18. WARRANTY AND LIABILITY OF SELLER

(a) Buyer shall immediately notify the Seller in writing of any defect in the goods supplied by the Seller. The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of that Seller to do so. The provisions of this clause 18(a) do not constitute a warranty in relation to the quality or fitness of the goods, or require the Seller to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods)

(b) The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these terms and conditions and the Australian Consumer Law, the Seller makes no warranties or other representations under these terms and conditions. The Seller’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

(c) Without limiting clause 18(b), where the Seller sells goods to the Buyer, and the Buyer purchases them as a Consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods. The rights of the Buyer buying goods as a Consumer include those set out in clause 18(e) below.

(d) Where goods are supplied to Consumers under these terms and conditions that supply is subject to guarantees that cannot be excluded under the Australian Consumer Law. In these circumstances, the Buyer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Buyer is 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.

(e) To the extent permitted by statute, the liability, if any, of the Seller arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at the Seller’s option be limited to:

(i) the replacement of the goods or resupply of the goods by the Seller, or the cost of replacement or resupply of the goods; or

(ii) the repair of the goods, or the cost of repair of the goods.

(f) Subject to clause 18(b), the Seller shall not in any circumstances be liable to the Buyer under or in connection with these terms and conditions, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of these terms and conditions, for or in respect of any Excluded Loss.

(g) The Seller makes no express warranties in relation to the suitability for any purpose of goods or materials supplied by a Seller.

(i) To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied or applied, and whether given by the Seller, the manufacturer or a third party) and any obligation of the Seller to repair or replace any goods are void in respect of any goods which the Buyer tampers with or alters.

19. EXCLUSIVE GOODS

Where the Seller manufactures Exclusive Goods for the Buyer:

(a) The parties agree that the Seller may hold an inventory of stock in respect of Exclusive Goods, based on the Seller’s good faith forecast of the Buyer’s future Exclusive Good purchasing levels.

(b) If:

(i) the Buyer discontinues or ceases to purchase a particular Exclusive Good; or

(ii) the Goods supply arrangement to which these terms and conditions are to apply to ceases, expires or is otherwise terminated,

the Buyer must purchase all Exclusive Goods (together with any fabric inventory or works in progress held exclusively or predominantly for the purpose of manufacturing Exclusive Goods) from the Seller upon demand.

(c) If Exclusive Goods are required to be purchased by the Buyer as a result of this clause 20, the Supplier must prepare and submit to the Buyer a Sales Invoice detailing the current holding of Exclusive Goods to be purchased by the Buyer.

(d) The price payable by the Buyer for the Exclusive Goods (other than fabric inventory or works in progress) under the Sales Invoice must be no more than the maximum price per Good previously charged to the Buyer under the relevant Instrument of Agreement the Instrument of Agreement or any previous Quotation or Sales Invoice. The price payable in respect of all fabric inventory or works in progress comprising Exclusive Goods will be cost to the Seller plus 10%.

(e) Payment for Exclusive Goods will be in accordance with clause 3 of these terms and conditions.

20. INTELLECTUAL PROPERTY

Nothing in these terms and conditions creates any right, title or interest in any intellectual property right (including trademark, copyright, patent or registered design) (Intellectual Property) in favour of the Buyer with respect to any good supplied under these terms and conditions.

Unless the parties otherwise agree in writing, the ownership of all Intellectual Property supplied or created by the Seller in connection with or as a result of the performance of these terms and conditions will vest in the Seller.

The Buyer indemnifies the Seller from and against all losses, claims, liabilities, demands and expenses (Claims) arising from or relating to the use or infringement any third party’s Intellectual Property to the extent that such Claim relates to or is in connection with any Intellectual Property provided to the Seller by the Buyer in connection with these terms and conditions.

 

21. ALTERATION TO CONDITIONS

A Seller may, at any time and from time to time, alter these terms and conditions, provided that any variation to these standard terms and conditions will not apply to any:

(a) orders placed but not yet fulfilled prior to the date of such variation taking effect; or

(b) contract for a specified term that incorporates a version of these standard terms and conditions released prior to the variations.

22. VIENNA SALES CONVENTION

To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to the contract comprised by these terms and conditions nor do any of the terms and conditions express or implied by the Vienna Sales Convention form part of the contract.

23. GOVERNING LAW

These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of Victoria and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of Victoria.