The following Terms & Conditions (Conditions) apply to the sale and delivery of all goods from SHARROCK Pty Limited (ABN 78 003 715 553): “the Supplier” known as (SHARROCK Agency).

Payment Terms

1. For new SHARROCK Agency customers: first season orders attract a 25% deposit which becomes payable 7 days of receiving an order confirmation, with remaining invoice value of goods ready for delivery made on CBD terms. Credit facility will be withdrawn following failure to pay CBD invoices within 30 days.
2. All SHARROCK Agency customer’s accounts become payable 30 days net cash from date of invoice, including CBD invoices.
3. A 5% early payment discount is available to invoices paid within 7 days from date of invoice. Early payment discounts do not apply to invoices containing discounted, samples, or consignment stock.
4. Early payment discounts cannot be taken unless overdue or outstanding invoices have been paid.
5. Credits are issued for the full value invoiced, therefore any early payment discounts taken will be calculated after credit/s has been applied.
6. Credit facility will be suspended if an existing customer’s account exceeds 60 days, and the Supplier reserves the right to discontinue and/or suspend supply of stock service and/or future indent orders. Any delays in delivery due to account balances in 60+ days does not extinguish the customer’s financial commitment.
7. Outstanding account balances outside of the Supplier’s payment terms will be incur interest of 2% of the invoice value per month, at the discretion of the Supplier, and under the conditions of the NSW Department of Fair Trading guidelines.

Orders

1. The Customer must carefully check all details included on all order confirmations, including, but not limited to, style numbers, style names, quantities, prices, sizes, and colours.
2. All variations to, or cancellations of, an order must be communicated in writing before the cut-off date specified by the Supplier.
3. An indent order constitutes a financial commitment made between the Customer and SHARROCK Agency, thus all cancellations requested after order cut-off date specified by the Supplier will not be accepted. Cancellation/s will not be accepted for goods that are in the process of manufacturing or that are ready to be shipped.
4. Stock service and stock-on-hand repeat orders are only available to customers with current indent orders. Access to stock ordering facilities (i.e. NuORDER) will be revoked following Customer’s failure to submit indent orders.

Delivery

1. Risk of goods shall pass to the Customer upon delivery to the address nominated by the Customer. Protection and insurance of the goods is the responsibility of the Customer following delivery of the goods.
2. The Supplier agrees to deliver complete orders within the delivery period specified in the confirmation of the order, unless otherwise communicated. The Customer shall not be relieved of any obligation to accept or pay for goods by reason of delay in delivery by the Carrier, or by reason of delay in dispatch caused by external production delays within 14 days of the delivery period specified.
3. At our discretion we may dispatch goods to you in any number of instalments. All partial or split deliveries will be accepted by the Customer as an independent delivery and the invoice associated will be paid in accordance with payment terms.
4. All orders incur a flat freight fee of $16.50 inclusive of GST. This applies to indent and repeat orders.

Returns

1. The Customer will be deemed to have accepted the goods free of defect or any non-conformity unless SHARROCK Agency receives a substantiated verbal or written claim within fourteen (14) days of receipt or attempted delivery as the case may be.
2. Claims will only be honoured where the Customer has advised the Supplier within 14 days of receipt, as confirmed by the Carrier.
3. All returns by the Customer must have a Return Authorisation (RA) Number issued by the Supplier; garments returned without express authorisation may not be credited by the Supplier.
4. All returns must include a completed Returns Form, as provided by the Supplier. Returns without a Return Form may not be accepted.
5. All faulty items will be replaced where stock is available. Faulty items will be credited to the Customer’s account if replacement stock is unavailable.
6. Unless previously agreed upon, the Customer is responsible for arranging return of faulty returns via a standard parcel post service. The Customer must include a receipt that itemises the cost of freight for the return. In the event goods are deemed faulty by us at our discretion, the total freight cost will be credited to the Customer’s account.
7. All authorised returns must be sent back to the Supplier in the condition they were received; garments must be clean with swing tags attached. Swing tags must show the correct and original style code sticker with no other damage or writing (i.e. all store-specific barcode stickers must be removed).
8. Unless previously agreed upon, the Supplier does not offer stock on a sale-or-return basis.

Marketing and Distribution

1. Goods are sold to the Customer on the condition that they are made available for retail sale at agreed retail location(s). The Customer must not retail the goods at new or other locations without express written approval from the Supplier.
2. Goods may not be resold at a wholesale level or to any other trader that is known or suspected to be purchasing for resale.
3. Specific marketing guidelines differ by brand and will be communicated by the Supplier at time of sale, however the below apply to all SHARROCK Agency brands:
   • All images are provided to you for the specific purpose of promoting SHARROCK Agency brands. The images represent intentional brand-specific aesthetics and may only be used in compliance with the visual standards outlined in this document.
   • The quality of all supplied imagery must be maintained and cannot be altered in any of the following ways: do not stretch images out of proportion, do not alter resolution of imagery, cropping should be minimal, do not apply filters to any imagery, do not re-colour or retouch imagery, always use a portrait image for a portrait placement and a landscape image for a landscape placement.
   • Imagery must not be re-produced or distributed to third parties without the express written approval of SHARROCK Agency.
4. Limitations may apply to product discounting and promotional events. These limitations differ by brand and will be communicated by the Supplier at time of sale.

Change of Ownership

The Customer agrees to notify SHARROCK Agency in writing of any changes of your ownership within 7 days from the date of such change and to indemnify us against any loss or damage incurred by us as a result of your failure to notify us of any change.

Title To Goods

Notwithstanding anything to the contrary express or implied, property in the goods shall remain with us, SHARROCK Agency, and shall not pass to you, the Customer, until we have received payment in full for the goods and you have discharged in full all your accounts with us relating to all orders placed with us.

Until title of the goods passes:

1. In the event you fail to pay us for goods by the due date, and without prejudice to our rights as an unpaid seller or any of our other rights and remedies, you grant us permission to enter your property without notice and take possession of our goods.
2. SHARROCK Agency shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods.
3. Until the goods are paid for in full, you shall hold the goods as trustee for us and shall keep the goods as a fiduciary for us and shall store and identify the goods in a manner that clearly shows our ownership thereof.
4. The buyer shall insure the goods to their full replacement value and arrange for SHARROCK Agency to be noted on the policy of insurance as the loss payee.
5. You hereby acknowledge we have a lien over all goods in your possession belonging to you to secure payment of any or all amounts outstanding from time to time.