CONDITIONS OF SALE
The placement of a purchase order by the Customer constitutes acceptance of these terms and conditions as the sole basis of the sale of goods to the exclusion of any conditions of purchase appearing on any document of the Customer.
If these Conditions of Sale are unclear and require clarification, contact Svenska KJ
Within this document Svenska KJ refers to Enjayelle Pty Ltd atf The Cayjael Trust t/a Svenska KJ and the ‘Customer’ refers to the Purchaser.
Customers will trade on a cash sale basis unless they have been granted an exception in writing by Svenska KJ. A proforma invoice will be issued for a deposit payment of 50% and the balance of all orders must be paid in full prior to the products being dispatched.
Orders are invoiced as per the current price list; however, due to circumstances beyond the control of Svenska KJ, prices are subject to change without notice.
Deposits for products to be ordered are accepted on the following conditions:
Balance of payment for products on proforma is required within 5-days of the balance of proforma invoice being issued.
Products will not be dispatched until payment in full is received.
Invoices are raised at the point of dispatch and charged to the account same day. Svenska KJ cannot be held responsible for delivery ETA’s or delays.
The Purchaser agrees that any production and/or contractual delays they may incur, will not delay balance of payment to Svenska KJ, that is, the Purchaser will pay the debt upon request and accept the goods purchased as per the order.
The Customer acknowledges that interest charges apply on all overdue accounts.
The interest charge will be calculated at a rate of 3% per calendar month.
Should it be considered necessary by the Company to incur legal and/or any other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer shall be liable for all such expenses.
2.0 ORDER PLACEMENT
2.1 When placing orders, the following information is required:
Business name and/or Account name
Official order number
Delivery address and details
2.2 Minimum Order Quantity
The minimum cut length for standard/indent fabric is 1m. All orders will be supplied to the nearest 1.1m i.e., an order for 1.25m will be cut and invoiced as 1.3m.
‘Contract vinyl’ is only available by the 30m roll and indent standard vinyl/high performance textiles have a minimum order quantity of 5 metres.
Leather is supplied by the full square metre hide.
2.3 Cutting and Allowance
Customer should allow for wastage, flaws and roll lengths in their order quantity calculations. Svenska KJ supplies the total metreage ordered and not specified cuts. Svenska KJ cannot guarantee that supplied fabric/vinyl/leather will be flaw free. However, rolls of fabric/vinyl will be supplied within industry standards of an average of no more than 6 flaws per 50m length. Any flaws will be tagged and an allowance provided.
Svenska KJ will not be liable for any claims where the fabric meets the above industry standards nor for fabric imperfections once the goods have been cut, marked or used in any other way.
2.4 Colour Matching
Samples are only an indication of colour and variations may occur between batches and/or deliveries. Exact colour matching may not always be possible and if required the Customer should quote the previous order details. Svenska KJ shall endeavour to fulfil the order based on the manufacturers batch numbers, but it is not guaranteed.
2.5 Reservation of Products
Reservations are held for a period of 5-days and are deleted from our system unless a request has been made to re-reserve the stock. The reserving of stock does not guarantee availability.
3.0 PRICING STRUCTURE
Standard Cut Price: Is applicable where less than 50m per colour way of fabric/vinyl is ordered or where the quantity ordered is more than 50m but is delivered to multiple delivery address’s resulting in less than 50m being delivered to a single address.
Roll Price: Is applicable where 50m – 100m per colour way of fabric is ordered and delivered to a single delivery address.
Project price: is negotiated depending on the project and the metreage required.
Freight charges apply for all orders. If your order has more than one destination a charge will apply for each. Charges are based on the number of boxes/rolls sent and shall be calculated accordingly. The maximum per box/roll for indent orders is 25m.
$35 for orders up to 12m, $45 for orders up to 25m and orders over 51m will be individually quoted. Ie. An order for 37m will incur a charge of $35+$45 = $80
3.3 Price Changes
Due to issues beyond Svenska KJ’s control, freight prices are subject to change without notice.
4.1 Deliveries will be made to the address nominated by the Customer as specified on the purchase order. Unless specifically requested, all deliveries within Australian will be made by a carrier nominated by Svenska KJ.
4.2 The Customer acknowledges that the capacity of Svenska KJ to deliver products is subject to external factors, persons and entities beyond the control of Svenska KJ and over which Svenska KJ has no control. The delivery times advised to the Customer are estimates only and Svenska KJ will not be liable for late delivery or non-delivery by a carrier.
4.3 Under no circumstances shall Svenska KJ be liable for any loss, damage or delay suffered by the Customer arising from late or non-delivery of goods.
4.4 If at the nominated delivery point the Customer is unable to take delivery or offload the goods for whatever reason, the Customer will be liable for all additional freight costs associated with a second or subsequent delivery attempts.
5.0 INSPECTION OF PRODUCTS ON DELIVERY
5.1 Check Products
It is the responsibility of the Receiver to check on arrival and before cutting that the correct product has been received, and the colour, quantity and quality correlate with the order.
5.2 Alteration or Cancellation of Orders
a) If the order has already been processed, a cancellation fee applies as outlined in clause 5.3 below. If products have already been dispatched in addition to the cancellation fee the Customer is responsible for return freight costs.
b) Large Orders: The ordered quantity cannot be cancelled.
c) Indent Products: If products have been specifically manufactured or imported for the Customer the order cannot be cancelled or altered.
Reasonable requests for changes will be considered where possible.
5.3 Return of Products
Returns will not be accepted without written approval from Svenska KJ. Unless there is a problem with the product i.e., defects, or error on Svenska KJs behalf The Customer is liable for the cost of return shipment of the product to Svenska KJs Sydney warehouse and subject to a cancellation fee of 25% of invoice value of the goods or $100 (whichever is the greater) plus G.S.T.
A return can only be accepted under the following circumstances:
Svenska KJ is notified within 7-days of receipt of products.
The product is returned in the same condition as supplied and products are securely wrapped for transportation.
The return of products will NOT be accepted after the product has been cut, treated, marked and/or altered in any way.
Products that have been specifically manufactured or imported for the Customer may not be returned.
5.4 Seven Days Reasonable and Sufficient for Examination
The Customer acknowledges that a period of 7-days after the date of delivery of the products is a reasonable and sufficient period within which to examine the products for all purposes.
6.1 Procedure for Claims to Be Strictly Complied With
The Customer must notify Svenska KJ in writing if the products are defective in whole or in part:
a) Within 7-days after the date of delivery and
b) Prior to the products being cut, treated, marked and/or altered in any way.
c) No refund or credit will be given or allowed by Svenska KJ to the Customer unless the Customer complies with the provisions of paragraphs (a) and (b) and the products are returned to Svenska KJ’s Sydney warehouse within 14-days after Svenska KJ has agreed in writing to the return.
All quotations are without guarantee, expressed or implied that the products will be suitable for a specific purpose although such purpose may be known to Svenska KJ. No guarantee is given by Svenska KJ as to the performance of any products supplied.
The Customer acknowledges that the products are manufactured from natural materials and variations may occur from one roll to another and within individual rolls.
Svenska KJ will not be liable for any colour variations and/or product imperfections after the products have been cut, marked or used in any other way.
If the Customer requires any products to be individually selected and to be suitable for a particular purpose, Svenska KJ must be notified in writing on the order form stating the requirement and the purpose for which the products are to be used.
Notwithstanding any such notification the Customer acknowledges that variations in the material substances from which products are manufactured preclude any warranty that all products supplied will be fit for the purpose notified. Any samples shown to the Customer are intended to indicate the general colour only and all agreements are entered into without guarantee expressed or implied that the products delivered will colour match with the samples.
6.3 Limitation of Liability
Where Svenska KJ is in breach of any term, warranty or condition, whether contained in these Conditions of Sale or implied by statute, law or otherwise and which has not been excluded from these Conditions of Sale, the Customer acknowledges and agrees that Svenska KJs liability for damages shall be limited to whichever of the following Svenska KJ, at its sole discretion, decides:
(a) The replacement of the products.
(b) The repair of the products.
(c) The payment of the cost of replacing products or acquiring equivalent products.
(d) Or the payment for the repair of the products.
IMPORTANT – Notwithstanding, to the extent lawfully permitted, Svenska KJs liability is further limited to a sum not exceeding the invoice price of the products, and the Customer acknowledges that all products are supplied on this basis.
6.4 Svenska KJ Not Liable for Consequential Damages
The Customer further acknowledges and agrees that in no circumstances shall Svenska KJ be liable for any consequential losses or damages suffered or incurred by the Customer because of a breach by Svenska KJ of any term or condition on its part to be performed or of any warranty notwithstanding that Svenska KJ may have been given notice by the Customer of the prospective consequential losses or damages the Customer may suffer or incur because of such breach.
7.0 WARRANTIES, REPRESENTATIONS, FITNESS
7.1 Exclusion of Implied Terms Etc
To the fullest extent lawfully permitted and so that this provision is not rendered void, all terms, warranties, conditions or liabilities implied or imposed by statute, law or otherwise are hereby negated and/ or excluded.
7.2 No Warranties Etc Given by Svenska KJ
The Customer acknowledges that without limiting the effect of any other provision of these conditions, Svenska KJ does not warrant:
Suitability – that the products will be fit or suitable for the purpose for which the Customer is acquiring the same, unless stated on sample presentations or given in writing.
After treatments – that the products may be treated in any way including without limitation, treatment such as fire retardants, soil resistant finishes, sprays, finishes, dips, backings or coatings without damaging the products or otherwise affecting their durability, performance or finish.
8.0 RISK + TITLE
The risk in the products shall pass to the Customer upon delivery to the Customer or to any carrier or agent acting on the Customer’s behalf. For this provision, when Svenska KJ has agreed to deliver the products to the premises of the Customer, its carrier or agent delivery shall be deemed to have been affected upon the entry of the carrier onto such premises and thereafter the products shall be at the Customer’s risk, including without limitation during the off-loading of the products from Svenska KJs carrier. Or in the event of the products being picked up from the premises of Svenska KJ, the risk in the products shall pass to the Customer on leaving the premises of Svenska KJ.
8.2 Property / Ownership
Property in the products shall not pass to the Customer until full payment has been received by Svenska KJ. The Customer agrees that Svenska KJ is authorised to enter the Customer’s premises and repossess the products (or any Svenska KJ products in lieu, even if previously paid for) if the Customer fails to comply with the terms of payment.
Until property in the products passes the Customer, the Customer shall:
Store the products so that they are clearly identified as the property of Svenska KJ and.
So much of the proceeds of the resale of the products as is owing to pay directly to Svenska KJ and maintain any claim against a sub-purchaser for the benefit of Svenska KJ.
9.1 Customer’s Warranty
The Customer warrants that performance by Svenska KJ pursuant to an order placed by the Customer will not infringe any registered trademark or design and undertakes to indemnify and keep indemnified Svenska KJ against all claims, demands, actions, proceedings, liabilities, losses and expenses for actual or alleged infringement.
9.2 No Waiver
Any time or other indulgence granted to the Customer shall not affect Svenska KJs strict rights except to the extent to which Svenska KJ expressly waives such rights in writing but no waiver in respect of any breach shall affect Svenska KJ strict rights in respect of any other breach by the Customer.
9.3 Legal Action
The Purchaser agrees and understands that should it be required – all legal costs shall be added to the debt and payable by the Purchaser.
9.4 Retention of Title
Title in the products shall not pass to the Customer until payment is made in full to Svenska KJ. Until payment in full is made, the Customer shall retain the products as Svenska KJ fiduciary agent and bailee.
The Customer may resell the products but only on market terms and pending any such resale or utilisation in any manufacturing process, the products must be insured, and securely stored separate from other products and clearly marked as being Svenska KJ products.
Svenska KJ at its discretion reserves the right to lodge a PPSA on an invoice and /or the commercial credit account itself.
The Customer shall hold in trust for Svenska KJ all proceeds from the resale of Svenska KJ products or where Svenska KJ products have been incorporated into other product/s such part of the proceeds from the sale of the products as relates to Svenska KJ products (which part shall be deemed to equal in dollar terms the amount owing by the Customer to Svenska KJ). Such proceeds shall be deposited to a separate account until the liability to Svenska KJ has been discharged.
9.5 Design Rights
The designs depicted in Svenska KJ samples, price lists and web sites are propriety to Svenska KJ and Svenska KJ reserves the exclusive right to manufacture or distribute them. Any reproduction of these designs, in any form, including but not limited to fabric, leather, wallcovering, carpet, laminate, glass, infringes Svenska KJs rights and that infringement will be prosecuted.