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) The company 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 frieght 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:
a) The product name(s) and the quantity of product(s) you have been short supplied.
PROJECT AND CLIENT ACCEPTANCE
(1) At the time of proposal, iRange™Formulations will provide the customer with a written estimate, quotation or invoice.
(2) The Terms and Conditions can be read on iRange™Formulations website.
(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 a project will commence, or any orders processed until the a 50% deposit of total 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)
DESIGN FEE'S (Print Media Services)
(1) Any additional charges for design services provided by iRange™Formulations will be set out in the written estimate or quotation and provided to the customer.
(2) A nonrefundable deposit of 50% of the quoted fee will become immediately due, to commence work on the project, and once received will indicate acceptance of the Terms & Conditions.
(3) 50% balance of the quoted amount will become fully payable when the artwork has been approved by the Customer and before printing commences (Unless a credit application form has been received and a trading account has been extended on the remaining mount payable)
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 LABELS:
(1) Product labels are printed on high quality vinyl waterproof labels using a commercial label printer. Over and above of the daily upkeep and maintenance our company carries out on our label printer, technicians replace print heads and service our printer two to three times a year. If customers place an order at the beginning of the cycle (just after service has been carried out) the quality of the text will be a lot crisper. However if customers place an order in the middle or towards the end of this cycle the text will be darker and in some cases slightly blurry or not as crisp. This means from time to time the quality and clarity of your labels with vary slightly due to the above reasons. Our in-house quality control procedures require text to be legible. If we deem the text on your labels to be readable, by people with normal or good eyesight, we will print your labels. iRange Formulations reserves the right to refuse requests to re-label products, replace products or issue credits due to variations in label quality. If customers are not prepared to except variations in printing quality, that may occur from time to time, then we recommend sourcing your labels from a large printing company at your own cost. Customers are then welcome to send their labels to us and we will gladly label your bottles. Alternatively customers can have their bottles screen printed by a bottle screen printing business at their own cost. A small credit applies to customers orders who source and supply their own labels.
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 Master Card 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 30 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 CANCELATION POLICY
(1) iRange Formulations reserves the right to decline service to any existing customer or potential 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. In circumstances where services are declined, all orders received by customer (including sample orders) are non refundable. For orders cancelled during processing see point 2 ,3 & 4 below.
(2) Any deposits paid by customers are non refundable due to the following expenses incurred (Customer Emails and Phone Calls, In-House team meetings re project, Creating customers unique product formulations, formulating samples, creative writing of label content, label design, ordering raw materials, ordering customers bottles and closures from suppliers, product manufacturing, Bottle filling, Label application, Packing costs).
(3) Orders cancelled after any of the following work has been carried out (Product manufacturing, Bottle filling, Label application, Order packing) will incur a cancelation fee of 100% of any deposit amounts paid to iRange Formulations.
(4) Orders cancelled after any of the following work has been carried out (Creating customers unique product formulations, creative writing of label content, label design, ordering raw
materials, ordering customers bottles and closures from suppliers) will incur a cancelation fee of 50% of any deposit amounts paid to iRange Formulations.
*At the time of cancellation iRange Formulations will determine the work that has been carried out on customers project. iRange Formulations have the right to determine the amount of refund applicable based on work undertaken.
DEFAULT
{1) An account shall be considered default if it remains unpaid for 60 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 with interest on Accounts which remain outstanding more than two 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.