Terms and Conditions
Terms and Conditions
Location Policy
Footysuit Pty Ltd t/a Ashtabula – sells its products only to businesses which are acceptable retail establishments with a fixed location and are a fully registered Australian business with a current ABN/TFN. A “fixed location” means an owner of, or tenant in, a permanent retail building (bricks and morter).
“Acceptable retail establishments” include department stores, (A class souvenir, gift, tourist, specialty and duty free), independent sports stores, retail sports stores, discount department stores, clubs and leagues clubs. These outlets must sell comparable goods in addition to Footysuit product direct to the public. The establishments are to be located in a retail business area (eg. not in a private residence or industrial area). It must maintain an image in keeping with the brand and market position of the Ashtabula products.
“Non acceptable retail establishments”, under no circumstances can Ashtabula product be sold in markets, 2nd’s, $2 stores, clearance outlets, non-four walled, Online only or sport venue locations or mobile stores in a van or a truck.
Online Sales
Retailers which meet the above criteria (acceptable retail establishments) may also sell Ashtabula products online through their own individual store website (eg. a website owned and operated by the applicant exclusively to sell your stores product). Sale of Licensed product produced by Ashtabula through online auction/trade sites like EBAY, Amazon etc is not acceptable as the nature of these sites is not in keeping with the licensing agreements held by Footysuit Pty Ltd.
Distribution specifically excludes internet merchants, mail order businesses other than specifically approved businesses.
General Terms
An Ashtabula representative will visit each store annually to determine that the store meets and continues to meet the above requirements.
Ashtabula reserves the right to open, or refuse to open, or to cancel an account at any store regardless of the above requirements
Ashtabula will not ship merchandise and has the option to cancel all existing orders to any person or business who does not conform to the above policy.
Payment Terms
The trading terms are strictly 14 days from the date of invoice and (not end of month) unless otherwise determined and agreed in writing by Ashtabula. To avoid any confusion the invoice date and correct payment deadline date is shown clearly on every invoice.
All accounts that exceed 14+ day terms will be placed on hold until payment is received in full.
Accounts that exceed these terms may be terminated immediately and permanently by Ashtabula.
Supply Policy
Upon placing an order, the Customer is acknowledging that it will accept delivery of the goods.
Once orders are placed, the Customer does not have the right to cancel an order without the written approval of Ashtabula, except where otherwise provided for in these Trading Terms.
Ashtabula may suspend or cancel orders where:
(a) The Customer breaches any of the Trading Terms contained herein;
(b) The Customer seeks relief under any insolvency or bankruptcy law;
And upon such suspension or cancellation, Ashtabula shall be entitled to reimbursement from the Customer of any costs incurred as a consequence.
Indent orders for all new ranges will be required before they are launched.
Ashtabula will offer a stock re-supply service throughout the year where possible.
Supply of orders will be placed on hold should the account go outside the terms of payment. Supply will stay on hold until payment is received in full. While accounts are on hold, stock will not be held for later dispatch, put aside, held or reserved.
A Minimum Order Value of $300.00 ex GST ex freight applies and Ashtabula will dispatch all orders within 1 working week of receipt of order.
Where possible all indent orders will be sent out on the date/s requested at the time of order.
Freight Policy
Unit prices do not contain provisions for freight. Freight costs will be added on an individual dispatch basis with regards to normal Australia Post surface freight criteria (eg. size, weight, quantity). All freight costs are marked clearly on invoices.
Return Policy
Ashtabula makes every effort to satisfy our customer needs. If however, problems arise that require a return of merchandise, the following procedures will be implemented.
- All claims and returns must be made within 7 days of receipt of shipment
- A copy of the relevant invoice must accompany the returned merchandise
- Freight charges for returned merchandise must be pre-paid
- If returned product is deemed “faulty” Ashtabula will credit your account for the full reasonable cost of its return through Australia Post.
Back Orders
From time to time inventory levels may fall below demand which requires certain items to be put on back order. A partial shipment of items in stock will be made to satisfy the requirements of the customer. Out of stock items will be shipped as soon as they become available.
Property of Goods
(a) The Goods supplied by the Supplier to the Applicant shall be at the Applicant’s risk immediately on delivery to the Applicant or immediately on delivery as directed by the Applicant or immediately on collection by the Applicant’s transport contractor as the case may be.
(b) Notwithstanding that the risk of loss or damage to the Goods passes to the Applicant in accordance with the previous sub-paragraph (a), property in and ownership of the Goods
shall not pass to the Applicant until payment in full for the Goods shall have been received by the Supplier.
(c) Until payment in full of the invoiced cost of the Goods shall have been received by the Supplier, the applicant shall hold the Goods on a fiduciary basis as a bailee only for the Supplier and the Applicant shall (at its own expense) keep the Goods properly and safely stored in such a way as the Goods shall be readily identified as the Goods of the Supplier and the Applicant shall not subject to sub-clause d(i), pledge, mortgage, charge or part with the Goods or attempt to do so without the prior written consent of the Supplier.
(d) (i) Notwithstanding that the property in the Goods has not passed to the Applicant, the Applicant may resell the Goods or any part thereof in the name of the Applicant but
only as an agent for the Supplier and may deliver any such Goods to the buyer of them but only on terms which will not prejudice the Supplier’s ability to obtain the sale proceeds thereof.
(ii) If and when the full amount of the price of the Goods has been received by the Supplier, any further part of the price received by the Applicant upon any resale by it of the
Goods may be retained by the Applicant as its commission for affecting such sale as agent for the Supplier.
(e) An act in the default of this contract shall be deemed to occur in the event of any of the following (and any of the acts described in sub-paragraphs (e) (i) to (iv) below are herein collectively referred to as an “Act of Default”).
(i) the Applicant failing to make payment in full of the invoiced cost of the Goods within 14 days from the date of invoice or within the time frame agreed to between the Supplier and the Applicant
(ii) the Applicant, if required herein, failing to insure the Goods from the date of delivery thereof by the Supplier and to provide evidence of such insurance to the Supplier.
(iii) any distress or execution being levied upon the Applicant’s Goods or Property.
(iv) the Applicant, being a company, becoming unable to pay its debts as they fall due, offering to enter into any scheme or arrangement with its creditors, the passing by the
Board of Directors of the applicant of any resolution to wind up the Applicant, the filling of any petition to wind up the natural person, being declared bankrupt.
(v) immediately upon the Applicant committing any Act of Default any right to sell the Goods in which the title to the property remains vested in the Supplier shall cease forthwith
and the Applicant shall upon the happening of any Act of Default immediately place all of the Goods then remaining in its possession or under its control at the disposal of the
Supplier and the Supplier is hereby irrevocably authorised by the Applicant to nominate a person to enter the applicant premises during normal business hours for the purpose
of repossessing such of the Goods still in the possession or under the control of the Applicant and where necessary to use no more than reasonable force to liberate and take
possession of the Goods . Where the Goods are stored in a warehouse conducted by a person other than the Applicant immediately upon committing any Act of Default the
Applicant shall be deemed to have irrevocably appointed the Supplier the attorney of the Applicant with the authority in the name of the Applicant to direct the warehouseman
to release any of the Supplier’s Goods in the possession or under the control of the warehouseman whether or not the Payment Period has expired and the Supplier shall be
at liberty to resell the Goods after repossession of the same pursuant to this clause.
(f) Until the full amount of the price of the Goods due to the Supplier is received by the Supplier the Applicant:-
(i) shall maintain and keep full and up to date records of the Goods supplied by the supplier including those Goods on-sold by the Applicant.
(ii) hereby irrevocably authorise the Supplier to enter its premises during normal business hours from time to time to inspect the residue of the Goods remaining unsold by the Applicant.
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