Terms & Conditions
Please note, due to exchange rate changes, all prices are subject to change at any time.
All quotations are made and orders accepted subject to the following express terms and conditions and no additions or alterations (including in particular any terms & conditions of buyers contract of order form) shall apply unless specifically agreed in writing by the seller. In the absence of written acceptance of these terms, the giving of an instruction for work or delivery, or acceptance of or payments for any of the articles covered hereby, shall constitute an acceptance of these terms and conditions. All orders and contracts are received, subject to review and acceptance in writing or issuing of an invoice by the seller at its facilities in Australia at the address shown on the attached quotation, price list, catalogue or contract, Herein called the "Sellers facility". Typographical errors are subject to correction.
2. Delivery, Risk and Title
2.1 Any stated delivery date, period or rate is given as a guide only and the seller accepts no responsibility for loss or damage resulting from delay howsoever arising.
2.2 Unless otherwise agreed upon, all shipments are made at seller's facility, packed and packaged in accordance with the seller's standard practice.
2.3 The risk and liability for the goods shall pass to the buyer at the point of delivery
2.4 Notwithstanding delivery and the passing risk and liability of: -
(a) The property in the goods shall remain with the seller until the buyer has paid all monies owed by it to the seller
(i) under this contract and
(ii) under any other contract between the buyer and seller or on any other account whatsoever.
(b) Until such payment is made, the buyer shall hold all goods and materials, the property of which is vested in the seller, only as agent for the seller and shall store such goods and materials at no cost to the seller so that they can be clearly identified as belonging to the seller.
(c) So long as the property in any goods or materials rests in the seller pursuant to this condition, the buyer shall sell the same in the ordinary course of its business (but not otherwise) and the proceeds of such sale of the buyers claim for such proceeds shall be held by the buyer as agent for the seller until such payment is made as aforesaid.
(d) If the buyer should enter in to liquidation or receivership or composition with its creditors or upon any breech by the buyer of any of its obligations hereunder whether as to payment or other wise the seller may (without prejudice to any of its other rights and remedies) by notice in writing revoke the buyers authority to sell such goods and materials as aforesaid and recover and resell any or all of such goods and materials and may enter on the buyers premises for that purpose.
(e) Nothing herein shall give the buyer the rights to return any goods to the seller.
(f) Where the "Buyer" is a Limited or Public Limited Company and the above terms and conditions are not complied with by the buyer, the directors of the buying company shall be held personally responsible and liable. The seller may as an alternative claim personally from any one or more of the directors of the buying company.
3. Terms and Payment
3.1 Unless otherwise agreed upon, all prices are in Australian Dollars as specified in the quotation or invoice or delivery note as appropriate and shall be paid in full at the seller's facility in the Australia.
3.2 Linen and Threads does not have a minimum sales amount.
3.3 Unless credit facilities have been extended by the seller, all quotations or orders must be paid for in full and clear funds before any goods are shipped. Personal or Company cheques will take 5 working days to clear.
3.4 The seller reserves the right to revoke at any time the credit facilities extended to the buyer because of the buyers failure to pay for any articles when due or for any other reason deemed good and sufficient to the seller and in such event all and any subsequent shipments shall be paid for on delivery. In the event the seller exercises any rights it may have to stop articles in transit because of the buyers financial position, the seller may as its option resell such articles at public or private auction without notice to the buyer and without effecting sellers rights to hold the buyer liable for any loss or damage caused by buyers breech herein.
3.5 If the buyer defaults in any way of its commitments with the seller or distress or execution upon its property or assets or makes or offers to make arrangements of composition with creditors or commits an act of bankruptcy or has a receiver appointed over its assets or a resolution or petition to wind up its business presented. Then the seller shall have the right (without prejudice to any other remedies) to cancel any uncompleted order or to withhold or suspend delivery.
4. Interest and Charges
4.1 The seller reserves the right to charge interest against overdue accounts.
4.2 Once accounts are deemed by the seller to be overdue, the seller reserves the right to decline providing supplies to the client until such time as the account is brought into credit.
5. Returned or Rejected Payments
In the event of a payment by the buyer, received by the seller is rejected for whatever reason (i.e. Returned cheques or bankers draft/instruction) the seller reserves the right to make an appropriate charge to compensate for expenses incurred by the seller in re-presenting the buyers payment to include charges made by the sellers bankers and administration costs in obtaining payment.
6. Governing Law
This contract and all disputes relating to it shall be governed and construed in all respects according to Australian law in the state of New South Wales.
The seller reserves the right (without prejudice to any other remedies) to cancel any uncompleted order or to suspend delivery in the event of the buyers commitment with the seller not being met, or if the seller is of the opinion that such commitments will not be met by the buyer.
If at any time a dispute or difference arises in connection with the order, it shall be mutually agreed upon between the buyer and seller or, in the event that agreements cannot be reached, then the dispute can be settled by an independent arbitrator where agreeable to both parties that the appointed arbitrators decision will be binding on both parties.
Catalogues, price lists and any other advertising materials are only used and meant as an indication of the type and price of goods and services offered by the seller. No particulars therein shall be binding on the seller other than as detailed in the order.
10. Returns and Refunds
10.1 If you are unhappy with any of our products, please contact us immediately and we will do our best to assist.
10.2 We do not give refunds if you:
(a) simply change your mind, or
(b) make a wrong decision.
10.3 You can choose between a refund, exchange or credit where goods:
(a) are faulty
(b) have been wrongly described
(c) are different from a sample shown to you, or
(d) do not do what they are supposed to.
10.4 Please retain your receipt as proof of purchase.
10.5 All sales of Seconds or items on Sale are final.
10.6 Unless the buyer elects to take and pays for the Insurance option, then Linen and Threads is not liable to replace or refund any items lost or damaged during transport.