Terms

Welcome to the Active Basics Website. The website is provided as a service to our distributors and their customers for general use.

Use of this website constitutes acceptance of these terms and conditions. We reserve the right to update or modify the Terms and Conditions at any time without prior notice. For this reason, we encourage you to review the Terms and Conditions whenever you use this site.

Disclaimer:

We will make reasonable efforts to update and keep information as current and accurate as possible. However, all contents on the site are provided for general information for our distributors and other users.

Active Basics reserves the right to modify, edit or delete information provided on this site at any time without notice to improve its content and services.

Product Information:

Active Basics makes no warranty of any kind whatsoever, whether expressed or implied, including warranties of merchantability and fitness for a particular purpose, non- infringement of intellectual property with respect to your use or inability to use the website or information contained.

All the information contained in this web site is correct. However, the colours displayed and size measurement in this web site are a guide only and are not, and should not be used, as an exact representation of the final product. Moreover, we cannot guarantee that your computer monitor will display the correct colour.

Active Basics accepts no liability for reliance on the information provided in this site including loss or damage which you or any end user may incur whether directly or indirectly.

Limited Liability:

YOU AGREE THAT ACTIVE BASICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL or OTHER DAMANGES WHATSOEVER, arising out of your use or inability to use the website of the information contained inside.

While, we take due care and diligence in maintaining the security of the site’s content, we do not accept liability for damage caused to you by third party intrusion

Goods on Delivery:

While we will make an reasonable attempt to ship goods as ordered, it is also the responsibility of the Customer to inspect all goods received, INCLUDING deliveries to THIRD PARTIES to confirm Style, Colours and Sizes are as ordered.

Information Protected by Copyright:

Unless specified the Site, and all materials therein including images, text, logos, icons, photographs, video clips (Contents) are owned by, controlled by or licensed to Active Basics and are produced by international intellectual property laws such that any contents reproduced without our permission may subject you to breach these laws.

 

Terms and Conditions of Trading

1. Interpretation – In this agreement

“the Seller” means Active Basics Pty Ltd. (trading as Active Basics) and its successors, assignees and transferees;

“ the Purchaser” means the applicant, firm or company so identified overleaf together with its successors, assignees and transferees;

“the Products” means the Seller’s range of manufactured garments and accessories and any other items carried by the Seller from time for time.

2. Prices, Sizes, Colors

2.1 Prices quoted in the Seller’s published price list or by the representatives of the Seller are subject to change without notice and are not binding on the Seller.

  1. 2.2  The Products is charged at F.O.B origin.

  2. 2.3  Price is based on various quantities each style each color. Minimum order of each

style each color for indent is requested.

2.4 Despite our best quality control, some colors may vary slightly from delivery to delivery.

2.5 The colors and size measurements displayed in the Seller’s published catalogues and web sites are a guide only and not an exact representation of the final products.

3. Terms of Payment

3.1 The Products must be paid for in full on or before the time of delivery to the Purchaser.

4. Credit claims

4.1 The Seller must be notified by the Purchaser for
delivery 
shortages and incorrect products against invoice in writing within 48 hours of receiving products.

4.2 The Seller must be notified by the Purchaser for faulty products in writing within seven (7) days upon receipt of products.

4.3 No credit will be issued if the Products have been decorated, printed, embroided, or changed in any way from the original states.

4.4 No credit will be issued if the Product’s fabric vary +/- 10 gsm and size measurements +/- 1.5 cm due to batch to batch products.

4.5 The Products returned must be accompanied with a copy of the relevant invoice number, the Seller authorization number and the name and address of the Purchaser and via the Seller nominated carrier.

4.6 The Seller shall not accept a credit claim made where the Purchaser has had the goods delivered directly by Seller to the Purchaser’s printers, embroiderers or other means than the Purchaser’s premises.

4.7 Due to the nature of sampling, the seller does not accept credit/returns for stock service samples. The seller reserves the right to determine whether or not the return is a sample or stock return

5. Delivery

5.1 Delivery shall be taken to the effective when the Products have been delivered to the Purchaser or the Purchaser’s agents nominated delivery address and all risk in respect of the Products shall pass immediately to the Purchaser on such delivery.

5.2 The Products is in a stock service, but needs 1-4 days allowance for preparation subject to seasons. The Seller shall use all reasonable endeavours to meet the Purchaser’s requested delivery date by the Seller shall not be liable to the Purchasers for any loss or damage whatsoever should it be delayed or prevented from delivering the Products on the nominated date.

 

6. Retention of title.

6.1 The Seller shall retain title to the Products supplied to the Purchaser until it has received payment in full. The Products belonging

to the Seller shall be stored so that they are identifiable as such. That the Seller retains title to the Products until they have been

paid for shall not affect its rights as an unpaid seller. Furthermore, if payment is overdue the Seller shall be entitled to recover

the Products belonging to it and the Seller and its duly authorised agents shall at all times and without notice be entitled to enter

the premises believed to be occupied by the Purchaser without any liability for trespass or other damage and recover therefrom

the Products the subject of this agreement but only if there is then an existing default in the terms of payment for such products.

6.2 If the Products belonging to the Seller are disposed of by the Purchaser or an insurance claim is made in respect of them, the Seller shall be entitled to trace the sale and/or insurance process which proceeds shall be held by the Purchaser in a separate band account in trust for the Seller.

6.3 Once the risk has passed to the Purchaser in accordance with clause 5.1 or otherwise as agreed, the Products shall be and remain at the Purchaser’s risk at all times, unless the seller has retaken possession of the Products and the Purchaser shall insure and be liable for the Products accordingly.

 

7. Non-Availability of Stock

While every effort will be make to fulfill the Purchaser’s orders for the Products, the Seller shall not be liable for any loss or damage arising as a result of non-availability of stock.

8. General

The validity or unenforceability of any term of this agreement shall in no way affect remaining terms.

Clause headings are purely for ease of reference and do not form part of or affect interpretation of this agreement.

The construction, validity and performance of this agreement shall be governed by laws of the States of New South Wales.

Failure to enforce any term of this agreement does not constitute a waiver and

8.1
shall in no way affect the remaining terms.

8.5
successors, executors, administrators and permitted assigns and shall inure to the benefit of the seller, its successors and assigns.

These terms and conditions of trading shall be binding upon the Purchaser, its

8.6 If the Purchaser is a trustee or director of a company or a partner in a partnership, the Purchaser warrants that it has the authority and power to enter into this agreement and to personally guarantee the performance of all of the obligations under this agreement