Sales & Order Terms & Conditions
These terms and conditions apply to and govern the supply by Fyreside Pty Ltd of goods and or services to You. All orders placed by You, will be subject to these terms and conditions.
Quotes, Pricing & Supply
1.01. Quotes are estimates only and are subject to sighting final artwork.
1.02. Quotes are valid for 14 days unless otherwise specified.
1.03. All Quotes subject to Stock Levels and You acknowledge that Goods may become unavailable, out of stock or discontinued lines, or changes (of a style nature) from time to time. Fyreside Pty Ltd can be consulted on stock availability and recommend solutions for You.
1.04. Quotes are based on the current cost of production, (materials, labour, machine time, taxes, duties, freight costs etc) and they are subject to amendment by Fyreside Pty Ltd before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of Fyreside Pty Ltd.
1.05. Unless otherwise stated, quotes are in Australian Dollars and are excluding GST.
1.06. Unbranded samples for products quoted as supplied locally (Australia and New Zealand) can be ordered to confirm quality, colour and size after quotation and product selection and before placement of order. Sample and freight charges may apply. Complimentary Unbranded Samples are at Fyreside Pty Ltd sole discretion.
1.07. Clothing Samples or Size Samples are supplied at Your Cost.
1.08. Fyreside Pty Ltd recommends You produce Pre-Production Samples prior to production or orders. Any pre-production sample costs are at Your expense.
1.09. If You do not request a Pre-Production Sample or Unbranded Sample, Fyreside Pty Ltd is not liable for any products or branding that does not meet your expectation.
1.10. Fyreside Pty Ltd act as an Agent, Sourcing, Procuring and Delivering Goods based on Your brief or scope of works provided at time of Quote or Order.
1.11. Fyreside Pty Ltd is not responsible for product testing unless instructed or requested by You at the time of Quote or before Order Placement. Any costs associated with product testing is at Your expense.
1.12. Fyreside Pty Ltd is not liable for any loss or damage or injury of any kind whatsoever arising directly or indirectly from the your failure to obtain independent professional and or tradesman advice in relation to the suitability of the Goods for any specific purpose. You must rely on Your own knowledge and expertise in selecting Goods for any purpose. Fyreside Pty Ltd are not experts and any advice or assistance given by Fyreside Pty Ltd is accepted by Your at the Your own risk.
1.13. Fyreside Pty Ltd is not be responsible for errors or omissions due to misinterpretation or lack of instructions.
1.14 Unless expressly otherwise agreed in writing, You accept a delivery tolerance of 5% above or 5% below the Order Quantity as full delivery of that Order.
1.15. Unless otherwise agreed in writing, You accept a defect rate or quantity supply tolerance of up to 5% and acknowledge this as the promotional products industry norm.
Order Acceptance & Payment
2.01. Quotes are accepted via the return of a signed order confirmation.
2.02. Once an order is confirmed, Fyreside Pty Ltd will issue an Invoice for Payment and prepare Artwork Proofs.
2.03. Payment must be made prior to production commencing unless agreed otherwise in writing by Fyreside Pty Ltd.
2.04. Payment must be made via Direct Deposit or Credit Card. Credit Card transactions incur a 1.8% Surcharge.
2.05. Fyreside Pty Ltd will not accept Credit Card details via phone or email and payment must be processed via the Online invoice link.
2.06. If you have agreed terms, Orders over $10,000 or Custom Orders require 50% Pre-Payment unless otherwise agreed in writing by Fyreside Pty Ltd.
2.07. If You Cancel an Order after an Order is confirmed, Fyreside Pty Ltd reserves the right to charge You for all costs incurred in canceling any Order or Part Order (Including loss of profit) together with the costs incurred to the date of such Order. At Fyreside Pty Ltd sole discretion, such cancellation costs may include (but not limited to) artwork fees, set up costs, freight costs, restocking fees, or full payment of Order in circumstances where work has already commenced to produce the Goods at the time that Notice of cancellation is received.
2.08. You may only cancel an Order to Fyreside Pty Ltd by giving written notice.
Artwork Files & Proofing
3.01. Artwork files are to be supplied in Vector Format in either Hi Res PDF, .EPS or .AI Files.
3.02. If the artwork supplied by You is not suitable for use, Fyreside Pty Ltd may redraw the artwork. You agree that any artwork requiring redrawing will be at the Your cost.
3.03. For artwork requiring redrawing, Fyreside Pty Ltd will match details as closely as possible and Fyreside Pty Ltd is not liable for any variances.
3.04. Fyreside Pty Ltd makes every effort to supply you with accurate artwork proofs. It is Your responsibility to read the entire proof carefully, marking any alterations required clearly and then return it to us. By signing this confirmation, you are taking full responsibility for its accuracy and giving your final approval of this job, and agreeing to pay our quoted price.
3.05. Fyreside will not be liable in the event that the artwork does not convey the full physical properties of the product, and shall be deemed to have complied with its obligations if the products supplied are substantially similar to the artwork. It is suggested that if you are unsure of the outcome to first produce a pre-production sample.
3.06. You are required to provide us with your company PMS colours. In the instance where you do not have these available, Fyreside Pty Ltd can/may select colours for You and these will be sent to You for approval which may appear differently on different devices. In the absence of client-supplied PMS colours, the final products must be accepted as initially approved.
Lead Times & Delivery
4.01. Fyreside Pty Ltd lead times for delivery is an estimate only. Fyreside Pty Ltd endeavor to effect delivery at the time or times requested by You but failure to do so shall not confer any right of cancellation or refusal of delivery by You or render Fyreside Pty Ltd liable for any loss or damages directly or indirectly or consequently sustained by You as a result thereof.
4.02. Fyreside Pty Ltd is not liable or responsible for delays in freight.
4.03. Fyreside Pty Ltd is not liable or responsible for delays that occur due to unforeseen events including but not limited to instructions, variations or lack of instructions or information from you or other events outside our reasonable control (“Force Majeure Event”).
4.04. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (not limited to and without limitation) the following; strikes, lock-outs or other industrial action (whether or not relating to our workforce); civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, adverse weather conditions or other natural disaster or acts of God; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
4.05. Unless otherwise agreed in writing, all Goods will be delivered by Fyreside Pty Ltd to the address identified in the signed Order Confirmation.
4.06. The Risk of the goods passes to You at time of dispatch of order.
4.07. Fyreside Pty Ltd shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery. Should you require insurance to be arranged by Fyreside Pty Ltd then this should be arranged and confirmed in writing when placing the order.
4.08. Fyreside Pty Ltd reserves the right to decide and without notice vary, the means, route and procedure of delivery, transport and handling of the Goods to be delivered.
4.09. Where the Goods are delivered by a Third Party Carrier or Transport Company (irrespective of where that carrier is nominated or engaged by Fyreside Pty Ltd or You), You agree that any potential claim for damaged or lost goods lies against the third party carrier or transport company and not against Fyreside Pty Ltd.(whom You agree to indemnify and hold harmless in such circumstance.
Inspection
5.01. When Goods are delivered, You shall examine the Goods immediately after delivery and will, within seven (7) days of the date of delivery, and allowing for trade and quantity tolerances disclosed herein, notify Fyreside Pty Ltd in writing of any alleged defect, mis-delivery, shortage in quantity, damage or failure to comply with the description, Quote or Order.
5.02. If You believe the Goods are defective in any way, You must return the Goods to Fyreside Pty Ltd (at Your cost), securely packaged and within a reasonable time following delivery and notification in accordance with previous clause, for inspection of the Goods as delivered.
5.03. If You fail to comply with these provisions, the Goods shall be presumed to be free from any defect or damage and Fyreside Pty Ltd will be free from any liability with regard to any claim.
5.04. If You return the Goods in accordance with this clause and Fyreside Pty Ltd determines that the Goods are not defective Fyreside Pty Ltd may issue an invoice for any freight and handling charges incurred.
5.05. No claim by You for Fyresside Pty Ltd’s failure to supply Goods conforming to Your Order’s requirements will be recognised by Fyreside Pty Litd unless made in accordance with this clause.
5.06. No claim involving labour charges or product replacement will be recognised by Fyreside Pty unless Fyreside Pty Ltd has agreed to the value of the claim and Fyreside Pty Ltd has been given sufficient time to investigate and take such action it feels necessary to solve the problem.
5.07. No claims will be recognised by Fyreside Pty Ltd for any loss or damage or injury of any kind whatsoever arising directly or indirectly from our failure to obtain independent professional and or tradesman advice in relation to the suitability of the Goods for any specific purpose. You must rely/verify on Your own knowledge and expertise in selecting Goods for any purpose. Fyreside Pty Ltd are not experts and any advice or assistance given by Fyreside Pty Ltd is accepted by Your at Your own risk.
5.08. Fyreside Pty Ltd shall not be liable to You for any loss of profits or consequential, indirect or special loss, damage or injury of any kind whatsoever, arising directly from any defect in the Goods or their use (regardless of any express or implied terms, or by reason of the Customer’s negligent act or omission or otherwise at common law.)
5.09. For defective Goods, which Fyreside Pty Ltd has agreed in writing that Your are entitled to reject, Fyreside Pty Ltd liability is limited to either (at Fyreside Pty Ltd’s sole discretion) replacing the Goods, the supply of equivalent goods, repairing the Goods, or providing a partial refund (the quantum of which shall be determinable by Fyreside Pty Ltd).
5.10. Goods will not be accepted for return other than in accordance with clause 5.
Returns
6.00. Due to their bespoke character, subject to clause 5, Goods are non returnable and refundable.
Limitation of Liability
7.01. It is the Your responsibility to ensure that Goods Ordered are suitable for their intended use prior to placing an Order.
7.02. Unless it is specified in writing by Fyreside Pty Ltd in response to a written request from You before an Order or Contract is made, You may not rely on any technical information, recommendations, statements or advice given by Fyreside Pty Ltd or its agents, servants, employees, representatives, or the like
7.03. Fyreside Pty Ltd is not liable or responsible for the Goods following Dispatch.