In these Terms
and Conditions, unless the context otherwise requires:-
The “Buyer” means the party purchasing the
goods or services from the Seller.
The “Seller” means NB Sports Pty Ltd T/as
Matai Sports (MS)
The “Conditions” means these Terms and
Conditions for Custom Made Orders as set out herein.
1. Upon acceptance by the Buyer and Seller, this
Custom Made order constitutes a contract between the parties and will include
2. Goods shall be of merchantable quality and
fit for the purpose for which the goods of the same kind are commonly supplied
and for any other purpose made know to the Seller by the Buyer in writing.
3. The Seller shall take all reasonable
precaution to protect confidential information pertaining to the Buyers design
of goods should be made to the Buyer’s address. The Buyer shall make all
arrangements necessary to take delivery of the goods.
4.2Delivery of the goods to a carrier either
named by the Buyer or failing such naming to occur at the discretion of the
Seller for the purposes of transmission to the Buyer is deemed to be delivery
of the goods to the Buyer.
4.3The Seller may deliver the goods by separate instalments to
the Buyer. Each separate instalment shall be invoiced and paid for in
accordance with the provisions in this Contract of Sale.
4.4Delivery of the goods to a third party
nominated by the Buyer is deemed to be delivery to the Buyer for the purposes
of this Agreement.
All risk for the goods passes to
the Buyer on delivery. This is notwithstanding that the Seller retains the
property until paid for in full in accordance with Clause 5.
4.5If any of the goods are damaged or
destroyed prior to the property in the passing to the Buyer, the Seller is
entitled, without prejudice to any of its other rights or remedies under these
terms and conditions of trade to receive all insurance proceeds payable for the
goods. This applies whether or not the price has been paid. This will apply
where the price has not been paid in full. The production of these terms and
conditions by the Seller is sufficient evidence of the Sellers right to receive
the insurance proceeds without the need for any person dealing with the Seller
to make further enquiries.
4.6 It is the obligation of the Buyer to inspect
the goods upon delivery. Unless the seller is notified in writing within seven
(7) days of the delivery of the goods of any grounds for the return or
replacement of the goods delivered, are deemed to be accepted by the Buyer and
cannot be returned, replaced, exchanged or be the subject of any credit
claim.Further, no exchange, refund or
credit will be granted to the Buyer at any time if goods returned are not in
the condition in which they were delivered by the Seller and this includes any
printing, marking or applied embroidery the condition in which they were
delivered by the Seller and this includes any printing, marking or embroidery
applied to the goods by or on behalf of the Buyer.
5.1 While risk in the goods shall pass on
delivery, ownership of the goods shall remain with the Seller until it has
received full payment for those goods and any previously delivered goods (and
in the case of payment by cheque, upon clearance of the cheque). Pending such
a) The Buyer
shall hold the goods as bailee and fiduciary for the Seller and shall return
the goods to the Seller if so requested;
b) The Buyer
shall store the goods in such a way that it is clear that they remain the
property of the Seller.
c) The Buyer as
fiduciary may sell or deal with the goods in the ordinary course of its business
which shall terminate the bailment.
5.2 Should the goods be disposed of by the Buyer
prior to full payment, any monies received by the Buyer for payment of same
shall be held by the Buyer in a separate account in trust for the Seller
5.3 The Buyer agrees to keep the goods free from
any liens or encumbrances.
5.4 Should the Buyer fail to make due payment for
the goods, or by an act or omission any step is taken towards the appointment
of a provisional liquidator, liquidator, receiver, administrator and / or
officialmanager, or the entry into
possession of any of the Buyer’s assets or business by a mortgagee; orbeing a natural person become insolvent or
bankrupt or commit an act of bankruptcy, the Seller may, towithout prejudice to any other rights it may
have at its option, do any or all of these;
a) Withhold any further deliveries of goods
whether in transit or not;
b) Where the
goods have been delivered, the Seller shall be entitled, and the Buyer hereby
grants to the Seller, its officers, servants or agents, full and irrevocable
license to enter (using reasonable force if necessary) the Buyers premises (or
other premises to which the Buyer has access and whereany of the goods are stored) to search for
andtake possession of goods in which
title remains with the Seller, and then to resell them for its own
benefit.The Seller shall not be
responsible for any damage whatsoever and the Buyer indemnifies the Seller in
c) Suspend and or
terminate performance without penalty of any other contract for sale whichthe Seller has with the Buyer.
d) Require the
Buyer to pay immediately all outstanding monies due to the Seller.
6.0 Unpaid Seller’s Rights to Dispose of Goods
6.1 In the event that:
retains possession or control of the Goods; and
the Price is due to the Seller; and
has made demand in writing (which demand shall be constituted by delivery of an
invoice) of the Buyer for payment of the Price in terms of this contract; and
has not received the Price of the Goods, then, whether the property in the
Goods has passed to the Buyer or has remained with the Seller, the Seller may
dispose of the Goods and may retain the proceeds from such sale as full or part
6.2In the above circumstances the Buyer
authorises such sale and acknowledges that the Seller may sell such stock
notwithstanding that it contains confidential information of the Buyer
including logos design and the like.
6.3In the event
of a default, the Buyer shall be responsible for all legal fees, collection
costs involved with thereclaiming of
the goods, and other fees associated with the enforcement of these Conditions.
seller shall not be liable for any failure or delay to supply the goods and or
services due to any cause or circumstances outside the Sellers reasonable
control, including but not limited toomissions of the Buyer, breakdown of machinery, shortage of labour,
strikes, lockouts, industrial disputes, fire or arson, storm or tempest, theft,
vandalism, riots, civil commotions, wars, government restrictions,intervention and or control, transport
delays or accidents of any kind.
8.1All prices shown are
Australian Dollars (unless otherwise stated).
8.2We reserve the right to
change our prices at any time prior to orders being placed.
9.0 Orders and Delivery
9.1Orders are to be placed by email accompanying a signed artwork approval
and purchase order or quotation signed by the Buyer.
9.2If ordering goods on
behalf of a club or other incorporated body you warrant that you are authorised
to place orders on behalf of that entity and will accept responsibility for
payment for any product ordered.
9.3It is your
responsibility to ensure that any artwork supplied by you is correct and any
custom designs that we generate on your behalf are approved for use.
9.4It is your responsibility
to ensure that any colours selected for team wear are correct.
9.5It is your
responsibility to provide contact details with any order and to ensure that we
are kept updated with any changes to these details whilst the order is being
9.6We reserve the right to
reject any order and will notify you of our acceptance of your order and an
expected delivery date within 72 hours of an order being placed.
9.7We will use all
reasonable endeavours to notify you of any expected delays in the supply of
your order and will offer you the chance at that time to cancel any order. You
may not cancel if we receive your notice after the goods have been produced but
where cancellation of the contract is allowed, you can have no further claim
against us under that contract.
9.8If you accept delivery
of the goods after the estimated delivery time, it will be on the basis that
you have no claim against us for delay (including indirect or consequential
9.9It is your
responsibility to provide a delivery address that enables delivery to be made
by our authorised carrier, within normal Monday to Friday business hours and
accepted by a person authorised to sign and accept delivery on your behalf.
9.10Government Tax agencies may impose import
duty and tax on imports into their country, and whilst we endeavor to minimize
any impact from this, the customer is liable for any taxes incurred. Please
contact your local customs office for details of possible import tax
9.11You must inspect the
goods on delivery. If any goods are damaged or not delivered, you must write to
tell us within 48 hours of delivery or the expected delivery time. You must
give us (and any carrier) a fair chance to inspect the damaged goods.
10.0 Returns / Product Care and Sizes / Cancellations
10.1We will only accept returns of goods that are found
to be defective on delivery. You should communicate with us to arrange for
inspection or return of these goods.
10.2The company will not accept returns of any
merchandise that has been custom modified according to your specifications
unless the product is deemed defective on delivery.
10.3We will not accept responsibility for incorrectly
ordered sizes and can provide you with size charts prior to final ordering
11.0 Product Care and Sizes
11.1All garments we supply are produced to the highest
11.2Always read the garment care label and follow the
recommended washing instructions.
11.3All fabric is liable to
discolour by staining or perspiration particularly lighter shades. We will not
accept any liability for garments, which discolour in this manner.
11.4Fabric printed by a
sublimation process can re-print if subjected to high temperatures.
Furthermore, heated pressing or ironing should not be applied to printed logos,
motifs or badges. Please do not iron your Matai team wear.
11.5We will not accept any
liability for garments damaged through incorrect care.
11.6Please note that sizes
quoted are an approximate size guide only.
12.1You may not cancel the order unless we agree in
12.2If the order is cancelled (for any reason) you are
then to pay us for all stock (finished or unfinished) that we may then hold (or
to which we are committed) for the order.
12.3We may suspend or cancel the order, by written
notice if you fail to pay us any money when due (under the order or otherwise);
or you become insolvent or you fail to honour your obligations under these
13.0 Payment Options
13.1Credit Card:Matai Sports
accept Visa or Mastercard. A surcharge of 3% on all transactions applies due to
bank charges. Credit Card transactions will not take place until authorisation
has been confirmed from the owner of the card. A clear and readable copy of the
Credit Card (back) and identification of cardholder (license) needs to be
submitted to Matai Sports.
13.2Direct Deposit: If paying
by Direct Deposit, receipts for payment notification [remittance advice] must
be submitted to Matai Sports immediately after payment via email or fax. Orders
will not be processed until this has been received.
13.3Orders will not be dispatched until funds are
13.4Cheques must be
made out to Matai Sports. If a cheque bounces, a $20.00 administration fee will
be invoiced on the total remainder invoice. Funds must be cleared into our bank
account before any order is dispatched.
NOTE: Any delays in payments may slow
production and the dispatch of your order
14.1We warrant that the goods comply with their
description on our order confirmation form; and are free from material defect
at the time of delivery.
14.2We give no other warranty (and exclude any
warranty, term or condition that would otherwise be implied by statute or
otherwise to the maximum extent permitted by law) as to the quality of the
goods or their fitness for any purpose.
14.3If you believe that we have delivered goods that
are defective in materials or workmanship, you must, inform us (in writing),
with full details, as soon as possible; and allow us to investigate (we may
need access to your premises and product samples).
14.4If the goods are found to be defective in material
or workmanship (following our investigations), we will (at our option) repair
the goods, replace the goods or refund the price.
14.5We are not liable for any other loss or damage
arising from the contract or the supply of goods or their use, even if we are
14.6For all other liabilities not referred to elsewhere
in these terms our liability is limited in damages to the price of the goods.
15.0 Force Majeure
are unable to perform our obligations to you (or able to perform them only at
unreasonable cost) because of circumstances beyond our control, we may cancel
or suspend any of our obligations to you, without liability. Examples of these
circumstances include act of God, accident, explosion, war, terrorism, fire,
flood, transport delays, strikes and other industrial disputes and difficulty
in obtaining supplies.
16.1The laws of Queensland
and Australian is applied to this contract. The parties submit to the
non-exclusive jurisdiction of the Courts of Queensland for any dispute in
respect of these terms and conditions.
16.2If any of these terms
are unenforceable as drafted it will not affect the enforceability of any other
of these terms and if it would be enforceable if amended, it will be treated as
catalogues and other promotional materials are to be treated as illustrative
only. Their contents form no part of any contract between us and you should not
rely on them in entering into any contract with us.
16.4The only statements upon
which you may rely in making the contract with us, are these made in writing by
someone who is our authorised representative and either contained in our
estimate (or any covering letter) and not withdrawn before the contract is made
or which expressly state that you may rely on them when entering into the