Terms & Conditions
In these terms:
- "Company" means S-Trend Pty Ltd
- "Customer" means the purchaser of Goods from the Company
- "Goods" means all goods sold and/or delivered by the Company to the Customer
- "Terms" means these terms and conditions of sale
- 2.1 These Terms apply to all contracts for the sale of Goods by the Company.
- 2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
- 2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
- 3.1 Prices are determined at the time of order and,
prior to payment of the deposit, are subject to change
- 4.1 Payments are to be made to the Company
without any deduction or discount other than as stated
in these Terms or in the relevant invoice or statement.
4.2 A deposit of 50% of the invoice price must be paid
when placing an order.
4.3 The balance of the invoice price must be paid in
full before shipment or delivery.
4.4 Interest is payable on all overdue accounts
calculated on a daily basis at the rate of 1.5% per
month as from the date due for payment until payment
is received by the Company.
5. Delivery or Release of Goods
- 5.1 The Customer must, within 5 days of being
notified of their availability, pay the balance of the
invoice price prior to release or delivery of goods.
- 5.2 If the Customer fails to pay the balance of the
invoice, Goods will not be released or delivered.
If the Customer fails to pay and/or accept delivery
within 21 days of being notified of their availability,
the Company may terminate this contract, keep the deposit
and resell the Goods.
- 5.3 In addition to clause 4.4, the Company reserves
the right to charge the Customer storage on goods not
collected or delivered within 5 days of notification
of their availability at the rate of $0.50 per piece
per week or part thereof.
- 6.1 Legal and beneficial ownership of the Goods will not
pass to the Customer until such time as the Goods have
been paid in full in cash or cleared funds.
7. Risk and Insurance
- 7.1 The Goods are entirely at the risk of the
Customer from the moment of delivery to the Customer's
point of delivery or on collection, even though title
in the Goods has not passed to the Customer at that
7.2 The Customer must, at its own expense, maintain
the Goods and insure them for the benefit of the
Company against theft, breakdown, fire, water and
other risks as from the moment of delivery to the
Customer and until title in the Goods has passed to
- 8.1 Unless the Customer has inspected the Goods
and given written notice to the Company within
10 days after collection or delivery that the
Goods do not comply with the relevant specifications
or descriptions, the Goods are deemed to have been
accepted in good order and condition.
- 9.1 No order may be cancelled, modified or deferred
without the prior written consent of the Company
(which is at the Company’s sole discretion).
If such consent is given it is, at the Company's
election, subject to the Company being reimbursed
all losses, including loss of profits, and paid a
cancellation fee (being not less than 20% of the
invoice price of the Goods).
10. Intellectual Property Rights
- 10.1 By providing us with patterns,
embroideries, samples and all related information,
clients agree to take full responsibility of any
Intellectual Property Rights issues, and indemnify
us from any Intellectual Property Rights liability.
11. Limited Liability
- 11.1 These Terms do not affect the rights,
entitlements and remedies conferred by the
Trade Practices Act 1974.
11.2 The Company is not subject to, and the Customer
releases the Company from, any liability (including but
not limited to consequential loss or damage) because
of any delay in delivery or fault or defect in the Goods.
The Customer acknowledges that the Company is not:
11.2.1 Responsible if the Goods do not comply
with any applicable safety standard or similar regulation; and/or
11.2.2 Liable for any claim, damage or demand resulting
from such non-compliance.
11.3 If any statutory provisions under the Trade Practices
Act 1974 or any other statute apply to the contract
between the Company and the Customer (Contract) then,
to the extent to which the Company is entitled to do so,
the Company’s liability under the statutory provisions
is limited, at the Company’s option, to:
11.3.1 Replace or repair of the Goods or the supply
of equivalent Goods; or
11.3.2 Pay of the cost of replacing or repairing the
Goods or of acquiring equivalent goods;
11.4 And in either case, the Company will not be liable
for any consequential loss or damage or other direct
or indirect loss or damage.
- 12.1 The company does not offer warranty on goods
supplied except for that granted by relevant State
and Federal laws, and in particular the Trade Practices
Act 1974 and corresponding State Fair Trading legislation.
Please ensure that you keep your receipt in order to
validate implied warranties.
12.2 The Customer expressly acknowledges and agrees
that it has not relied upon, and the Company is not
liable for any advice given by the Company, its
employees, agents or representatives in relation to
the suitability for any purpose of the Goods.
14. Force Majeure
- 14.1 The Company will not be liable for any breach
of contract due to any matter or thing beyond the
Company’s control (including but not limited to
transport stoppages, transport breakdown, fire,
flood, earthquake, acts of God, strikes, lock-outs,
work stoppages, wars, riots or civil commotion,
intervention or public authority, explosion or
15. Waiver of Breach
15.1 No failure by the Company to insist on strict
performance of any of these Terms is a waiver of
any right or remedy which the Company may have, and
is not a waiver of any subsequent breach or default
by the Customer.