Terms of Sale
In this document ‘our’, ‘us’ or ‘SS’ will refer to “Savvy Sourcing”. ‘You’, ‘customer’ or ‘your’ will refer to anyone purchasing from Savvy Sourcing and ‘we’ will refer to both Savvy Sourcing and the party purchasing product from Savvy Sourcing.
1. Quotations
Quotations are valid for 30 days from the date of quotation unless specifically stated otherwise.
2. Quotation Acceptance
Receipt of a written confirmation of acceptance of our quotation and or the receipt of a purchase order from you will indicate full acceptance of our quote and these terms.
3. Exchange Rate
‘SS’ reserves the right to amend and resubmit quotations or amend contracts, at any time, where the exchange rate for foreign currency dominated materials and services has moved by 5% or more from the date of our quotation.
4. Set Up / Art Work
All quotations, unless otherwise stated, are provided on the basis that you can provide appropriate artwork in the formats required by manufacturers. You agree that the costs to correct inappropriate artwork or create new artwork will be done by us at our standard rates and added to your invoice. Late receipt of artwork and or receipt of inadequate artwork from you may delay production and push out delivery dates.
5. Decoration Limitations
You understand that there are limitations to all decoration methods and that these limitations may mean fine details such as gradients, shadows, small type, exact matching of PMS colours, in your logo or branding may not be able to be produced or produced to a high level of accuracy. ‘SS” will endeavour to advise you of all decoration limitations. Provided the decoration achieved by us is within industry standards ‘SS” won’t be accountable or liable for any decoration discrepancies present on your products.
6. Prices
All prices shown by us are excluding 10% GST and dominated in Australian dollars unless specifically shown otherwise.
7. Production Quantities
Where goods are manuactured you understand and agree that:
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i) The manufacturer may continue to produce goods until all source materials purchased for your job are exhausted.
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ii) Quality control will reject all items that do not meet the standards and specifications set. Consequently, your final volumes may be up to 10% less than ordered.
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You agree to amend your purchase order quantities to match the final volume(s) produced by the factory up to 5% above or 10% below the volumes originally ordered.
8. Seconds
Seconds rejected by the quality control process but which are still saleable as “seconds” may be offered to you at reduced prices that reflect the fault(s) present in the goods. Any “seconds” you agree to purchase will be added to your invoice. You understand that “seconds” not purchased by you may be offered for sale by the factory in its home country market. All “seconds” products purchased are done so on an “as is” basis and don’t come with any warranty.
9. Freight & Delivery
All quotations provided by us are “free in store” in the most economical packaging and freighting format. ‘SS’ will calculate and submit quotations based on client locations known to us or business locations provided to us by you. You agree that all distribution and delivery arrangements and addresses provided to us are accurately shown in our quotation.
You understand and agree that goods will be delivered, (unless otherwise specifically stated in our quotation), in one drop, on the date and time most convenient to our freight company and as close as possible to the delivery dates requested by you.
If no specific delivery and distribution instructions are shown on our quotation, our quotation is to be taken to be, “free into store” to the customers business address known to us.
You agree that the cost of handling, packing and distribution to a place or places or in the formats other than those which are the most economical or as shown in our quotation, will result in our additional costs being added to your invoice at our standard rates.
If ‘SS” is instructed by you to alter the delivery address, method, format or date, in any way, then you agree to us adding our additional costs, at our standard rates, to your invoice.
You warrant that the delivery address(es) you provide us are:
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a) Accurate.
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b) That any special site requirement(s) have been provided to us in writing prior to us finalising our quotation.
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c) That all special requirements are reflect and shown in our quotation.
You agree that ‘SS’ is able, at our sole discretion, to determine what constitutes a “special site requirement(s)” and that all additional special site requirements costs ‘SS’ incurs can be added to your invoice.
10. Insurance
‘SS’ will insure and be responsible for goods up to the point when they arrive at your premises and immediately before unloading by you or your agent. You agree to notify us in writing, at the earliest possible time, not more than seven (7) days from receipt of goods, of any damage you find. Failure to properly notify or substantiate damage may affect our ability to claim damages from our insurer and as a direct consequence to financially cover any or all damaged found by you.
11. Credits
‘SS” will allow you a reasonable period (not exceeding seven 7 days) to check goods and make a claim for faulty and or missing goods. You need to provide us with appropriate supporting documentation along with the ability and opportunity to verify all claims. You agree that the determination of what is required to verify a claim, will be made exclusively by us.
If relevant, you agree to provide us with access, assistance and agree to repack goods appropriately in readiness for collection including retrieving goods distributed by you, providing loading access and loading of the goods and perform any other reasonable service ‘SS’ asks of you without recourse to recover your additional costs from us.
12. Product Risk and Retention of Title
Risk of goods supplied by us will pass to you upon delivery. Title to goods provided to you will remain with us and not pass to you until payment has been made in full. Where payment has not been made or not made in full, you agree, where requested by us in writing, within 7 (seven) working days, to have all product outlined in our invoice(s) and requested by us, adequately packed, accumulated in a convenient place for collection. You also agree that you will arrange and allow site access to our nominee transport operator and assist us to collect and load our product, promptly and efficiently. You agree to do all these things without recourse to recover your additional costs from ‘SS’.
13. Merchantable Quality / Fit for Use
In addition to any rights you have at law, you are entitled to receive all product in a condition that is of “merchantable quality”, “fit for the purpose” and to the specifications provided by ‘SS’ in our quote. Any product that does not meet these standards can be returned to us and ‘SS’ will arrange for replacements or provide a credit or refund. The provision of a replacement or credit or refund will be at our discretion.
14. Warranty
‘SS” sources product to the highest quality standard possible for the manufacturing processes employed, consistent with your instructions and to the specifications outlined in our quote. The product quality and life expectations (warranty) will differ and be dependent on many factors including the product specifications, the use to which the product is going to be put etc.
Unless specifically stated on our quotation or in other correspondence to you, you should expect a warranty for our goods to the standards expected of them here in Australia in the industry or purpose to which they relate.
You understand that it is not possible to produce and provide the same warranty for a product costing $1 and the same product with different higher specifications and costing $10. Your warrantee will reflect your instructions and the resulting specifications set and agreed. You also understand that while ‘SS’ applies the strictest quality control standards, all quality control procedures use sampling and consequently may miss and pass off a small number of faulty products as acceptable.
Our standard warranty, under normal conditions, if not otherwise specifically stated or universally accepted for the products in question differently, is 1 year.
15. Liability Limitation
Our liability under any statutory or common law provisions is limited to replacement of products supplied. You agree that ‘SS’ has no additional liability for any consequential, direct or indirect loss.
16. Discount
All costs shown on quotes are net of discounts, rebates and allowances. No further reduction in pricing will be deemed to have been agreed unless its specifically, prior and expressly agreed too, in writing.
17. Payment
Our standard payment terms are payment in full 14 days from the supply of goods.
18. Default Interest Rate
For unpaid invoices outside our terms, you agree that ‘SS’ has the right to charge compounding interest monthly on the overdue balance at a rate equal to the Australian Taxation Office’s advertised interest rate.
19. Bond
If requested and agreed by us you agree to provide us with a bond as security for goods and services to be provided. ‘SS’ agrees only to exercise your bond if payment becomes overdue.
20. Solvent
You warrant to us that at the time of making your order and before, to the best of your knowledge, your business is solvent and able to meet its debts as and when they become due.
21. Acts of God
We agree that ‘SS’ has no liability whatsoever for late delivery or for cancelling an order in the event of an Act of God affecting manufacturing or delivery of your goods. We agree that ‘SS” can determine at its sole discretion what constitutes an Act of God. An Act of God will include but not be limited to floods, cyclones, logistical and manufacturing strikes, war, in some cases famine, severe lack of source materials or labour and unrest.
22. Jurisdiction
All contracts between ‘SS’ and the customer shall be governed by the laws of the State of New South Wales and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.
23. Severance
If any provision of these terms and conditions is voided, illegal or unenforceable but would not be void if it were read down and is capable of being read down, such provision will be read down accordingly. If such clause is read down and remains void, voidable, illegal or unenforceable or is incapable of being read down and the provision would not be void, voidable, illegal or unenforceable if a word or words were omitted, that word or words shall be severed and in any other case the whole provision is severed, save that in any cast the remainder of these terms and conditions shall remain in full legal force and effect.
24. Contract
Unless provided to you in writing by an authorised officer of Savvy Sourcing expressly and prior to contracting, stating a position different to those provided above, you agree to these terms and acknowledge they represent a complete record of our contract.