Terms of ServiceApril 17, 2020 2021-09-04 3:43
Terms of Service
1. Order Minimum is $200.00
Any order received for less than the minimum order value may be supplied but will attract a surcharge.
The value of the surcharge and the company agreement to supply the order is at the discretion of the company.
- F.I.S – Brisbane metro, Gold Coast, Sunshine Coast
- F.O.T. – Preferred Carrier for customers in Country areas
Posts can be arranged at customers’ expense. Details/Charges are available on enquiry.
Zas Textiles /Contract Curtains do not accept responsibility for any delay in delivery once goods have left our warehouse.
Air Freight/Express Road Freight
All orders for air freight and express road delivery are F.O.R.
These orders must be in writing, signed and must contain the name and account number of the relevant transport / airline company that the freight is to be charged to.
Delivery of the goods is deemed to have occurred upon either:
- Collection of the goods by the customer.
- Collection of the goods by any courier (whether arranged by the customer, Zas Textiles /Contract Curtains, or any third party).
- The delivery of the goods to the post.
- The delivery of the goods by Thomas Textiles / Contract Curtains directly to the customer’s premises or personnel.
- Risk in the goods passes to you the customer immediately upon delivery of the goods.
3. Reservation of Title/PPSR
- These goods are supplied by Geoff Penney (Qld) Pty Ltd (“The Company”) trading as Zas Textiles / Contract Curtains on the condition that the Title to and property in these goods does not pass to you until you have paid to the company all monies owing to the company under all sales of goods contracts entered into between us.
- You the customer acknowledge and agree that by virtue of clause 3(i) you grant us a security interest in all present and after acquired goods supplied by us and their proceeds to secure the purchase price of these goods as well as all monies owing to us now and in the future in respect of the supply of goods.
- You the customer undertake to notify Zas Textiles / Contract Curtains in writing of any changes in address, trading name, or business practice. The customer acknowledges and agrees that you do not have the rights to transfer goods supplied by us, to any potential purchaser, or purchaser of your business unless you first pay us in full for the goods.
- You the customer acknowledge and agree that to the extent that chapter 4 of the PPSA would otherwise apply to an enforcement of a security interest in the goods supplied by “The Company,” pursuant to S115 of the PPSA, the following provisions of the PPSA do not apply in relation to the security interest created under this clause 3 to the extent if any, mentioned in S115: S120 (enforcement over liquid Assets) S1214 (enforcement over liquid assets – notice to grantor) S125(i) obligation to dispose or retain collateral) S129 (Disposal by purchase)S130 (notice of disposal) S132 (3) (d) (contents of statement of account after disposal) S132(4) (Statement of account if no disposal) S142 (redemption of collateral) and S143 (Reinstatement of security agreement).
- Without limiting our other rights if you default in your obligations to us we may seize goods supplied by us in accordance with clause 123 of the PPSA.
- The customer must pay all costs, expenses and other charges incurred, expended or payable by us in relation to the filing of a Financing Statement or Financing Change Statement in connection with these terms and conditions.
- In so far as the PPSA allows, you acknowledge that if you mix goods supplied by us with other products or items so that the goods are no longer separately identifiable, you the customer and the “company “ will be owners in common of the new product, and there after each of us and will have a right to share in any proceeds of sale proceeds of sale will be divided between us in accordance with our respective values of contributed product;
- (a) In this clause 3: PPSA means the personal property securities act 2009 (Commonwealth)
- (b) “Proceed” “Perfected” “Security Interest” “Financing Statement” and “Financing Change Statement” each have the meaning given to these terms in the PPSA
4. Payment Terms
- Account Customers strictly net 30 days from statement date (i.e. month end)
- To obtain a 30 day account an application for credit form must be submitted and approved by the “company”
- Cash sale Customer (Cash Sale Account): goods paid for by cheque will not be released until cheque is cleared
By Cash, Visa or Mastercard, Direct Deposit, B-Pay, Bank Cheque and Cheque.
All prices are subject to change without notice
All products and services are subject to 10% GST
8. Custom Manufacture
Cancellation of orders for non-standard products sizes custom manufactured printed and embroidered products will only be accepted by mutual agreement. In the event of a cancellation, the customer undertakes to reimburse and indemnify the company for costs, expenses and charges incurred in purchasing and manufacture of the goods. The Company reserves the right to ask for a deposit at a rate determined by the company before purchasing materials and manufacture commences.
9. Credit Claims
- It is the responsibility of you the customer to inspect the goods immediately upon delivery
- Any Claim for:
(a) A Shortage of goods
(b) Damages to the goods
(c) Defect or fault in goods
- Must be notified to our customer service department within 14 days
- Goods are returnable only for reasons of supply error or defective stock
10. Return of Goods
If stock is to be returned a Company Return Authority will be emailed/faxed or posted to you the customer containing the number and description of the goods to be returned and the “company” preferred method of return.
Country Customers: Goods damaged or lost in transit are to be claimed on customers own transport authority and not returned to “The Company” unless otherwise stated.
Brisbane Metro, Gold Coast and Sunshine Coast Customers: Goods damaged in transit by “Company” preferred carriers are claimed after first advising Customer Service and obtaining our Return Authority Number.
11. Customer Error
- Customer errors in ordering must be advised within 14 days of delivery. Unless otherwise stated a stocking fee of 30% of invoice value will be charged.
- Unless otherwise stated by the “Company” you the customer are responsible for all costs associated with the return of the goods to our Brisbane Warehouse