INTERPRETATION
(1) iRange™Formulations is ‘the Supplier’ and the Customer’, which shall include that person's servants, agents, and permitted assigns.
(2) In these terms and conditions of sale:
a/ The singular shall include the plural and visa versa
b/ Words importing any gender shall include the other gender
c/ The word ’Agreement’ means the agreement for supply of goods and/or servicer and 'The Customer'
PARTIES
(1) ‘The Supplier’: iRange™Formulations
(2) ‘The Customer’
(3) ‘The Supplier’ is engaged in the business of manufacturing and supplying hair and beauty care products to Hairdressing Salons, and Barber Shops.
(4) ‘The Customer’ wishes to engage ’the Supplier’ to provide services as mentioned above.
(5) All services provided by ‘The Supplier’ to ‘The Customer’ are subject to the following terms and conditions.
TERMS AND CONDITIONS
(1) The following Terms and Conditions of Service apply to all products and services provided by iRange™Formulations
(2) All products are supplied and all work is carried out by iRange™Formulations on the understanding that the client has agreed to iRange™ Formulations terms and conditions until altered conditions are notified.
(3) Copyright is retained by iRange™Formulations on all products supplied, including formulations, ingredients listings, verbiage written by iRange Formulations, pictures, ideas, visuals and illustrations.
(4) That the Supplier may at any time and from time to time alter its conditions of sale or the terms of payment and such altered conditions or terms shall apply in respect of all transactions taking place after notification of such altered conditions of sale or terms of payment.
(5) That the Supplier may at any time or from time to time without assigning any reason therefore refuse to extend any further credit.
(6) That where there is more than one customer each customer shall be jointly and severally liable there under and in this application and all terms here of the singular shall be read and construed as including the plural.
(7) The customer hereby acknowledges that until payment in full for the goods has been
received by the Supplier, the customer is under an obligation to the Supplier to account to the Supplier for the proceeds of the sale of the goods sold in the normal course of business.
(8) The customer agrees forthwith to insure the goods for their full insurable value against loss
or damage by fire, theft, accident and other such risk.
(9) iRange Formulations reserves the right to refuse claims not received in writing within 7 days
of the date of dispatch of the goods.
(10) The customer acknowledges that, unless agreed in writing, all orders are dispatched from
the suppliers Sydney warehouse based on one drop to one destination unless otherwise
specified and the customer accepts all additional freight charges applicable.
DELIVERY OF ORDERS
(1) Refer to suppliers quote or invoice for additional conditions and costs which may be applicable.
(2) The Law of the State of New South Wales shall govern these terms and conditions.
(3) iRange Formulations reserves the right to refuse any claim not received in writing within 7
days of taking receipt of goods.
DAMAGED PRODUCT CLAIMS
(1) In the event a customer receives any damaged products (goods) we will happily meet our
legal and good natured obligations. In order for iRange Formulations to send out replacement products the following needs to be advised in writing (shoot us an email) within 7 working days of receiving goods.
a) The product name(s) and quantity of damaged product(s).
b) A photo of the damaged goods.
ORDER SHORTFALL CLAIMS
(1) In the unlikely event a customer does not receive the correct quantity of products they
ordered and were invoiced for, the following information needs to be advised in writing
(shoot us an email) within 7 working days of receiving goods/order:
- The product name(s)
- The quantity of product(s) you have been short supplied.
PROJECT ACCEPTANCE
(1) At the time of customers placing an order iRange™Formulations will provide the customer
with a written estimate, quotation or invoice.
(2) All orders are subject to iRange™Formulations Terms and Conditions as stated on our
website and as advised from time to time.
(3) Alternatively, the client may send an official order in reply to the estimate or quotation
which binds the client to accept iRange™Formulations Terms and Conditions.
(4) No work on orders or projects will commence until the 50% deposit of the invoice amount
has been received by iRange™ Formulations (Unless a credit application form has been
received and a trading account has been extended on the amount payable by the customer).
(5) Receipt of deposit(s) and/or invoices paid by the customer to iRange™ Formulations
confirm the customers full and complete acceptance of iRange™ Formulations Terms and
Conditions and attests they have read, understand, accept and comply with these Terms and Conditions.
(6) Receipt of deposit(s) and/or invoices paid by the customer to iRange™ Formulations
confirm the customer is serious about creating their own product range and is willinging to
reply, respond to iRange Formulations on matters pertaining to the order and or project in a
timely manner.
(7) By paying a deposit(s) and/or invoice to iRange™ Formulations the customers agrees to
proceed with the project until the order and/or project is completed and is bound by iRange
Formulations terms and conditions.
(6) To ensure orders are manufactured in a timely manner customers are required to adhere to
a strict process and procedure. iRange Formulations will not under any circumstances
circumnavigate the chronological steps that need to be followed to produce product orders.
CREATIVE WRITING LABEL FEE'S
(1) Fees to write label verbiage (content) is per product eg: If customer orders a 250ml size and
a 1 Litre size of the same product only one fee is charged.
(2) The quality and amount of information we receive from customer determines the Creative
Writing Fee
Fee Scale:
(1) If Customer requests iRange Formulations to write individual product label information from
scratch, with no input from our customer, the higher end of the scale is charged.
(2) If customer writes their own information, and the content requires iRange Formulations to
rewrite, correct grammar and spelling mistakes the lower end of this scale is charged.
(3) If customer has taken considerable time and effort to write their own information, and
iRange Formulations do not need to rewrite, correct grammar or spelling mistakes we do not
charge a fee.
Fee’s to change label information after customer has given approval to proceed with label design element
(1) In the event customer approves label information and gives go-ahead to design labels only
to request further changes to information, after or during the label design stage, the hourly
rate is applicable.
LABEL DESIGN FEES (CYOR)
(1) Additional charge for more than two label revisions are charged at hourly rate.
(2) In the event customer approves initial label design and gives permission for our Graphic
Designer to design their remaining labels, only to change their mind and request further label designs, additional label design fees will apply.
PRODUCT LABEL PRINTING.
QUALITY:
(1) Due to seasonal maintenance to our printer, technician availability and part availability slight
variances to the text clarity, images, logo's, symbols and background colours may occur from
order to order.
(2) Our in-house quality control procedures require text to be legible and readable by people
with normal to good eyesight.
LIMITATIONS:
(1) Our In-House label printer is a CMYK label printer and does not print white text. Labels
requiring white text, logos and images need to be outsourced from a label printing company. *Minimum label order quantities and addition label costs apply.
(2) Subtle graininess and slight edge peeling can occur when printing dark coloured
backgrounds on pure white vinyl. To avoid the chance of customers not being 100% happy with the quality we do not print product labels with high saturation black and dark coloured
backgrounds in-house. Labels with dark coloured background can be outsourced from a label printing company. *Minimum label order quantities and addition label costs apply.
COLOUR MATCHING:
(1) Colour codes and digital brand colours provided by customers will not be the exact same
colour when printed on vinyl waterproof labels.
(2) In the event customer provides physical print media material (brochures, business card etc)
iRange Formulations will endeavour to match printed label with print media material however no guarantee is made we can achieve the exact colour match.
FLAT/MULTIPLE OR UNUSUAL SHAPED LABELS:
(1) Our label machine is designed to adhere flat, wrap around, labels to packaging.
(2) Packaging that requires two separate labels (front and back) or unusual shaped labels have to be labelled hand.
(3) Therefore it is nigh on impossible to ensure each label is positioned absolutely perfectly.
(4) We also cannot guarantee the front label is positioned in perfect alignment with the back label.
(5) We will do our very best to ensure the front label is positioned straight and aligned with the back label, so it looks aesthetically pleasing and is in saleable condition.
(6) Customers who require two separate labels (front and back) or unusual shaped labels on packaging and are not willing to accept that there maybe minor positioning anomalies
can either:
a/ Supply own labels and label own products at their end.
b/Supply iRange Formulations screen printed packaging to manufacture and fill.
RECALLS:
(1) iRange Formulations reserves the right to refuse requests to re-label products, replace
products or issue credits due to variations in label quality.
EXTRA SERVICES CONDITIONS
(1) Charges for any additional services over and above the estimate or quotation, will become
fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
(2) Charges for products supplied by iRange™Formulations will be set out in the written
estimate, quotation or invoice that is provided to the customer.
(3) At the time of the customer’s acceptance of this estimate, quotation or invoice, indicating
acceptance of the Terms & Conditions, a nonrefundable deposit of 50% of the order total will become immediately due. Work on the products will not commence until iRange™ Formulations have received this amount.
(4) 50% balance of the quoted amount will become fully payable when the order is ready to be
dispatched and before being forwarded to the customer. (Unless a credit application form has been received and a trading account has been extended on the remaining amount payable.
PRODUCT SAMPLES
(1) Payment of any product development fee’s to iRange Formulations indicates the customers seriousness about having their own product range.
(2) Fees paid to iRange Formulations to formulate product samples is not indicative of the actual cost of producing product samples for the customer to evaluate. Any fees paid may cover the cost of ingredients, packaging, closures and the labour cost to fill and pack samples. Fees paid do not cover the time component required to formulate each product sample, cost to conduct stability nor dollar value of the skill and knowledge to formulate product samples.
(3) Any fees paid by the customer to iRange Formulations for product sample development does not include any ownership or right to the formulation, percentage of ingredients used toformulate samples or the method used to manufacture product samples.
(4) Payments made by the customer and received by iRange Formulations for product sample development confirms the customers acceptance of iRange Formulations terms and conditions and acceptance of the steps and process involved to produce product samples.
(5) In the event a customer cancels or does not follow through to the completion of their project after the initial deposit has been paid, costs to formulate product samples and conduct stability testing on your product samples will be deducted from any deposits that may be deemed refundable.
FORMULATIONS
(1) In all instances iRange Formulations formulates and creates products using our formulations
expertise and knowledge (intellectual property) iRange Formulations retain full ownership of the formulation and method used to formulate products.
(2) iRange Formulations do not lock customers into exclusivity contracts affording customers to engage the services of another manufacturer at anytime. In the event a customer decides to no longer utilise iRange Formulations services iRange Formulations will not share formulations or method to formulate products (intellectual property) with customers or any third party manufacture.
(3) In the event a customer provides iRange Formulations with their own formulation the customer retains full ownership of the formulation.
(4) After creating a unique product for customers utilising the Option#2 Create Your Own
Range service iRange Formulations will not use the exact same formulation to manufacture other customers products nor share formulations with other customers.
PAYMENT TERMS AND CONDITIONS
(1) Payments for overseas customers can be made via Australian Dollar International Money
Order or previously agreed electronic funds transfer.
(2) Orders, design work done by iRange™Formulations on behalf of the customer, may not take
place before cleared funds have been received.
(3) Cheques are not accepted by iRange™Formulations.
(4) Payments that are accepted include: Internet payment to the iRange™Formulations
(BSB/Acc No) Direct deposit (at any NAB bank.) Credit Card payment (Note: Only Visa and
Mastercard are accepted and all Credit Card transactions attract a 1.5% surcharge.)
(5) The customer agrees to pay for all goods sold and delivered or services provided by the
Supplier within 14 days from Invoice date, (Refer to quote and your invoice and payment
conditions) or as may be notified by the Supplier from time to time.
ORDER TURN AROUND TIME DISCLAIMER
(1) Product order delays will occur and order turn around times will be extended due to any
of the following circumstances:
-When manufacturing higher that normal order volumes.
-When machinery & equipment breakdowns occur.
-When periodic machinery maintenance and servicing is required.
-When ingredients are unavailable/out of stock from Suppliers.
-When product packaging is unavailable/out of stock from Suppliers.
-When public holidays fall during the order procedure
-When staff take sick days or holidays during the order procedure.
-When product labels have to be outsourced.
-During the pre-Christmas period (23rd September to 23rd December).
-In the event of fires, floods and other acts of nature.
-In the event a pandemic breaks out.
-In the event the Government shut down or restricts our business from operating.
-In the event the Government does not allow staff to attend/come to work
-When customer delays approving product information.
-When customer delays approving product packaging.
-When customer delays approving scents and ingredients.
-When customer changes already approved product speculations.
-When complex formulations and ingredient requests are required.
-When customers requires elaborate or extensive product information
-When shipping errors occur by external Couriers companies.
-When external Couriers companies vans/truck break down.
ORDER CANCELATION POLICY
(1) In the event customer cancels their order at any time during the manufacturing process, for
any reason whatsoever, the customer will forfeit some or all deposits that may of been paid
based on services iRange Formulations have rendered to date.
(2) iRange Formulations reserves the right to decline service or cancel orders of any customer
who is disrespectful, abusive or overly demanding in their communications with any of our
team members, and whom we deem the relationship not to be a conducive, mutually
beneficial business relationship. At this time the customer will forfeit some or all deposits
that may of been paid based on services iRange Formulations have rendered to date.
(3) iRange Formulations reserves the right to cancel a customers orders in the event the
customer fails to reply in a timely manner to our email requests requiring information or
instructions needed to proceed on their project. At this time the customer will forfeit some
or all deposits that may of been paid based on services iRange Formulations have rendered
to date.
(4) At the time of cancellation of the order or project iRange Formulations will determine the
amount of work that has been carried out on the customers project and advise customer of one of any refund that may be applicable. *Refer to a/ b/ or c/
a/ iRange Formulations will pay customer 60% of the deposit paid by customer and the
customer will forfeit 40% of monies paid to iRange Formulations when the following services have been rendered (Customers details have been entered into our system, emails have been sent or phone calls made to customer discussing project, internal team meetings discussing customers project have been conducted.
b/ iRange Formulations will pay customer 40% of the deposit paid by customer and the
customer will forfeit 60% of monies paid to iRange Formulations when the following
services have been rendered (Customers details have been entered into our system, emails have been sent or phone calls made to customer discussing project, internal team meetings discussing customers project have been conducted, customers product formulations finalised, samples have been formulated, product label content has been written, labels have been designed, raw materials, bottles or closures have been ordered in specially from suppliers.
c/ iRange Formulations will pay customer 0% of the deposit paid by customer and the
customer will forfeit 100% of monies paid to iRange Formulations when the following
services have been rendered (Emails sent or phone calls made to customer discussing project, team meetings discussing customers project have been conducted, customers product formulations finalised, samples have been formulated, product label content has been written, labels have been designed, raw materials, bottles or closures have been ordered in specially from suppliers, products have been manufactured, bottles and been filled, labels have been printed, labels have been applied to packaging, order has been packed ready for shipping).
(5) In the event a customer fails to communicate or have any contact with iRange Formulations
for twelve months or more and the customer later contacts iRange Formulations to cancel the order or project, the customer will forfeit 65% of any deposits or monies paid for services rendered *Refer to a/
(6) In the event a customer fails to reply or provide iRange Formulations with information
required to complete an order or project for twelve months or more and the customer later
contacts iRange Formulations to cancel the order or project, the customer will forfeit 65% of any deposits or monies paid *Refer to a/
a/ Costs to formulate product samples and conduct stability testing on your product samples. Time spent conducting team meetings for the purpose of discussing your project including
ingredients for individual products, formulations, clients target market, brand positioning. The
cost of purchasing raw materials, packaging and closures specifically for your project. Time spent drafting formulations, making phone calls and drafting emails.
(7) In the event a customer fails to communicate or have any contact with iRange Formulations
for thirty six months or more and the customer later contacts iRange Formulations to cancel the order or project, the customer will forfeit 100% of any deposits or monies paid for services rendered.
(8) In the event a customer fails to reply or provide iRange Formulations with information
required to complete an order or project for twelve months or more and the customer later
contacts iRange Formulations to cancel the order or project, the customer will forfeit 100% of any deposits or monies paid.
(9) For customers in category 5, 6, 7 & 8 iRange Formulations is willing to recommence
production of the customers order and or project and provide products and services for the full value of the customer's deposit. *This will only be available for customers who are serious about creating their own hair care product range and are willing to vest the time needed and agree to respond to requests for information in a prompt manner.
DEFAULT
(1) An account shall be considered default if it remains unpaid for 14 days from the date of
invoice.
(2) Should payment not be received within this period the Supplier reserves the right to
institute collection procedures and cease delivery of goods and services.
(3a) iRange™Formulations shall be considered entitled to refuse to supply further products to
the customer until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to products and design work carried out.
(3b) Refusal to supply products does not relieve the customer of it’s obligation to pay the due
amount.
(4) Customers whose accounts become default agree to pay iRange™Formulations reasonable
legal expenses and third party collection agency fees in the enforcement of these Terms and
Conditions.
(5) The Supplier reserves the right to charge an account keeping fee along, storage fee and
interest on invoices which remain outstanding more than seven days after the invoice date, an interest rate of 7.25% per month on outstanding amounts will be incurred by the customer.
(6) Where any claim or dispute arises, the amount claimed or disputed may be deducted, but the balance of the account must be paid in accordance with clause (2) above.
(7) That a certificate signed by the manager, accountant, secretary, credit manager or credit
officer for the time being of the Supplier in respect of any sale or delivery or price of any goods or the provision or price of any services by the Supplier or the amount due owing or payable from time to time.
(8) The Supplier in respect of the sale of goods, the provision of services or on any account
whatsoever as at the date or dates set out in such certificate shall in all courts and at all times be prima facie evidence of the facts therein stated.
(9) The Customer shall indemnify the Supplier in respect of any taxes or stamp duties which may become payable by reason of or subsequent to a default in making payment in accordance with the terms of payment applicable from time to time.
NO INDIRECT LOSS
(1) iRange Formulations will not be liable to any Customer, Salon owner, Barbershop owner,
Distributor or Brand owner for any loss of profit, business interruption, loss of revenue, loss of opportunity, loss of use, loss of reputation.
Copyright iRange Formulations - All Rights Reserved - All orders are subject to our terms and conditions