Terms and Conditions
Trading Terms
Minimum Orders
Orders must meet a minimum of $200.00 (ex GST) most items can be ordered in min’s of 2’s.
Account Terms
1st order is via proforma, after which you will be placed on account.
Payment of all invoices is due strictly 30 days from statement.
TSK Giftware accepts Direct Debit, Cheque or Credit Card (Mastercard & Visa only).
There is no surcharge for credit cards.
Freight / Delivery
We use a national carrier. Freight charges are based on "our cost price". We pride ourselves on a 48 hour turnaround from time of order, please allow extra delivery time for WA, SA and Regional Areas.
Out of Stock / Back Order
From time to time items may be out stock, this will noted on the website under the product with an estimated date due back in stock.
Retention of Title
Title to the goods shall not pass to the purchaser until the full amount due for the goods has been paid and there is no money owing by the purchaser to TSK Giftware Pty Ltd for any other goods delivered by TSK Giftware Pty Ltd or any other account what so ever.
Credits
Claims for damages and short deliveries must be made within 7 days of receipt of goods. Failure of this may result in claim being refused. A photo of the damaged product must be sent. Please note - Many of our products are hand-made and consequently small variations in colour, size and finish may occur from time to time. These are not faults but an intrinsic part of the nature of the products and are to be accepted as such. Some items may vary slightly from image shown.
Overdue Accounts
Goods will not be supplied to overdue accounts until such time as the account is bought up to date. Where this occurs, normal trading terms shall be re-established, and any orders being held shall be treated as being received on the day of payment. It will therefore lose its priority in stock allocations.
Cost Clause
Should your account exceed our trading terms and be passed for collection all costs including the debt, collection commission and solicitors fees and any out of pocket expense will be the liability of the customer.
Any queries you may have regarding our trading terms can be directed to Head Office.
Terms & Conditions
General
1.0 The whole of the Agreement between TSK Giftware Pty Ltd ABN - 19 065 033 061 ("TSK Giftware") and the Applicant referred to in the Credit Application (“Customer”) are those set out in these Terms and Conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery and/or supply of all or a portion of the goods, materials and/or parts and/or labour and/or services supplied by TSK Giftware under these Terms ("Goods"), the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.
Credit Terms
2.1 Payment is due on or prior to thirty (30) days from the date of statement rendered in respect of the supply of the Goods unless otherwise stated in writing by TSK Giftware. TSK Giftware may charge interest at a rate equivalent to two percent (2%) in excess of the rate of interest carried by court judgments made by the courts.
2.3 TSK Giftware express or implied approval for extending credit to the Customer may be revoked or withdrawn by TSK Giftware at any time.
2.4 TSK Giftware is entitled to set-off against any money owing to the Customer accounts owed to TSK Giftware by the Customer on any account whatsoever.
2.5 Any payments received from the Customer on overdue accounts will be applied first to satisfy interest which may have accrued, second to reasonable expenses and legal costs referred to in Clause, and then to principal.
2.6 The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by TSK Giftware for enforcement of obligations and recovery of monies due from the Customer to TSK Giftware.
Quotations and Pricing
3.1 Prices charged for Goods will be according to a current quotation for those Goods. Otherwise, they will be determined by TSK Giftware by reference to its standard prices in effect at the date of delivery (whether notified to the Customer or not and regardless of any prices contained in the order). TSK Giftware will use its best endeavours to notify the Customer of price changes but bears no liability in respect of this.
3.2 Any quotation by TSK Giftware shall not constitute an offer. Quotations will remain valid for seven (7) days from the date of the quotation.
3.3 Any quotation, acceptance of quotation, purchase order or other document which requires signature may be signed in electronic form, and such signature shall be binding upon the person affixing that signature.
3.4 Unless otherwise specified by TSK Giftware, the prices exclude:-
3.4.1 Any statutory tax, including any GST, duty or impost levied in respect of the Goods and which has not been allowed for by TSK Giftware in calculating the price.
3.4.2 Costs and charges in relation to insurance, packing (other than the standard packing of TSK Giftware), crating, delivery (whether by road, rail, ship or air) and export of the Goods.
Delivery and Supply
4.1 Any times quoted for delivery and/or supply are estimates only and TSK Giftware shall not be liable for failure to deliver/supply, or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery/supply or dispatch. TSK Giftware reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
4.2 TSK Giftware may refuse to supply any order by the Customer for Goods in its absolute discretion and may make acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
4.3 If the Customer directs that delivery of the Goods be staggered over different times or to different addresses from those specified in the Credit Application, then the Customer:-
4.3.1 shall be liable for any additional cost, charge and expense incurred by TSK Giftware in complying with the Customer's direction; and
4.3.2 shall pay for the whole of the invoiced value of the Goods notwithstanding the staggered deliveries.
4.3.3 Such action shall be deemed to be delivery to the Customer.
4.4 The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when TSK Giftware notifies the Customer that the Goods are available for collection.
4.5 If the Customer is unable or fails to accept delivery of the Goods, TSK Giftware may deliver it to a place of storage nominated by the Customer and, failing such nomination, to a place determined by TSK Giftware. Such action shall be deemed to be delivery to the Customer. The Customer shall be liable for all cost, charge and expense incurred by TSK Giftware on account of storage, detention, double cartage/delivery or similar causes.
Property
5.1 Until full payment has been made for all Goods, and any other sums in any way outstanding from the Customer to TSK Giftware from time to time:-
5.1.1 All sums outstanding become immediately due and payable by the Customer to TSK Giftware if the Customer makes default in paying any other sums due to TSK Giftware, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.
5.1.2 The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as bailee for TSK Giftware (returning the same to TSK Giftware on request). The Goods shall nevertheless be at the risk of the Customer from the time of delivery/supply and the Customer must insure the Goods from the time of delivery/supply.
5.1.3 The Customer is only authorised to sell the Goods (or any portion of them) to third parties as the fiduciary agent of TSK Giftware provided that there shall be no right to bind TSK Giftware to any liability to such third party by contract or otherwise. All payments (direct or indirect) received from such third parties by the Customer for the Goods (or any portion of them) shall be held on trust for TSK Giftware pursuant to the fiduciary relationship.