Wholesale terms and Conditions

Your order and submission of this Wholesale Application indicates that you agree to the terms of the following

Wholesale Agreement:

MINIMUM ORDER REQUIREMENTS Minimum initial order $650 Minimum reorder $250.

On placement of minimum orders online a minimum discount of 50% discount of RRP prices, this does not apply to Sale items and will apply depending on minimum order quantities, Direct deposit is a preferred choice of payment however card can be used with a 1.9% processing fee, If paid with card online a separate invoice will be sent for the 1.9% processing fee, We ask you to choose wholesale Purchase order as the payment option when placing orders online so that we can confirm your purchase orders best method of shipment, an Invoice will be forwarded when stock is checked and order confirmed.

1. Interpretation

1.1 In these Terms: “Business” means "Dusty Road Apparel" “Customer” means the purchaser of Goods from the Business. “Goods” means all goods sold and/or delivered by the Business to the Customer. “Terms” means these terms and conditions of sale.

2. Application

2.1 These Terms apply to all contracts for the sale of Goods by the Business.

2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Business unless confirmed by the Business in writing.

2.3 The Customer acknowledges that no employee or agent of the Business has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

2.4 If the Customer has not placed an order within 3 months a new application will need to be made prior to access again to wholesale prices.

3. Prices

3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.

4. Payment

4.1 Payments are to be made to the Business without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.

4.2 A deposit of 25% of the invoice price must be paid when placing an order for all orders required 14 days or more before delivery, If the delivery is due within 7-13 days it must be paid in full unless otherwise stipulated with the Business, this clause is not valid for Government bodies where payment is required in full 30 days post receiving of goods. The Terms of payment may be negotiated with the Business to work in with your current accounting process's, please contact us to discuss.

4.3 The balance of the invoice price must be paid in full before delivery unless otherwise organised with the business.

4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month after the required due period for payment until payment is received by the Business.

5. Delivery

5.1 Delivery will be sent using the safest and most cost-effective form of transfer, Deliver will be charged to the customer at the same cost incurred to the business, meaning Freight can be less than the capped amount, however it will not be more than the capped amount. If there is damage to the parcel on arrival, the Customer must notify the Business within 2 days so a claim can be made. The Customer must, within 5 days of being notified of the parcel’s availability for collection, collect or accept delivery of the Goods.

5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Business may terminate this contract, keep the payment and resell the Goods.

5.3 The Business reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods unless delivery date is specified by the customer. 5.5 Any failure on the part of the Business to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.  

6. Title

6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.

7. Risk and Insurance

7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection.

7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Business against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

8. Inspection

8.1 Unless the Customer has inspected the Goods and given written notice to the Business within 2 working days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

9. Cancellations

9.1 No order may be cancelled, modified or deferred without the prior written consent of the Business (which is at the Business’s sole discretion). If such consent is given it is, at the Business's election, subject to the Business being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

10. Limited Liability

10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.

10.2 The Business is not subject to, and the Customer releases the Business from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Business is not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance.

10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Business and the Customer (Contract) then, to the extent to which the Business is entitled to do so, the Business's liability under the statutory provisions is limited, at the Business's option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Business will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

11. Warranty

11.1 On discovery of any defect in the Goods, the Customer must immediately notify the Business in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Business to do so. We endeavour to protect your reputation, and ours; if your customers find an issue related to printing or manufacturing defects during the first 14 days post purchase, we will work with you to find a resolution.

11.2 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negated and excluded to the full extent permitted by law.

11.3 The Customer expressly acknowledges and agrees that it has not relied upon, and the Business is not liable for any advice given by the Business, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

12. Display and Samples

12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample, samples may vary in colour due to dye batch and availability at the time.

13. Contract

13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Business's place of business where an order was placed, and any cause of action is deemed to have arisen there.

14. Force Majeure

14.1 The Business will not be liable for any breach of contract due to any matter or thing beyond the Business's control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident. 

15. Waiver of Breach

15.1 No failure by the Business to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Business may have and is not a waiver of any subsequent breach or default by the Customer.

16. No Assignment

16.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Business, which is at the Business's absolute discretion.

17. Severability

17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

19. Pricing

18.1 Products or goods purchased from the Business shall only be sold at or above the Business’s recommended retail price (RRP) or above. In the event the Customer chooses to place the products or goods for sale at a discount online, the Customer must notify the Business before hand and shall not discount the products more than 35% below RRP, In store discounts are at the discretion of the wholesale account and notification to the business is not required. Permission for special sale events beyond the 35% online discount by the Wholesale Account must be requested in writing to the Business and will typically be granted on notification.

19. Web - Ecommerce

19.1 No products or goods purchased from or produced by the Business shall be resold by or through any on-line auction or online store (such as Ebay, Etsy, Amazon or other similar sites) without the express, written authority of the Business. If Customer is planning to sell products produced by the Business in an online marketplace/store, it must be owned by the entity applying for a Wholesale Account and listed on the Wholesale Application to be approved by the Business.

20. Product Images

20.1 The Business will make available images that you might require for your print and online presence. (The Copy write of such images remains that of the Business). Should you require any additional images, please contact us. Any imagery you provide yourself must be approved prior to use (please allow adequate lead-time for approval; one week is recommended).

21. Reselling to Wholesale Accounts

21.1 Any Customer account must seek approval from the Business prior to re-sale of any of the Business's products, any Customer Account who distributes the Business's products to any entity for resale must require their customer to strictly adhere to these same Wholesale Account guidelines as set forth in this Wholesale Agreement. Any Customer Account who does not enforce these guidelines with their own re-sale customers will be subject to termination of this agreement.

22. Payment Methods

22.1 At this time, the Business is not extending credit terms to business’s outside of Gov Departments. Gov Departments are on a 30day payment arrangement. All other orders must be accompanied by pre-payment unless otherwise organised with the business. We accept direct deposit, Cash, Money Order, Cheque and Credit card payments online via our website/or via eft-pos machine if payment is made in person. We can accept a credit card via phone payment also. Our preferred method of payment is Direct Deposit, all card payments will incur a 1.9% processing fee.

Account details for direct deposit are

Account Name: Dusty Road Apparel

BSB: 062 210

ACCOUNT NUMBER: 1037 2667

23. Packaging

23.1 All products come unpackaged with tags and may require additional folding and package prior to resale.

24. Shipping/Handling

24.1 Items will not be shipped until full payment is received. Unless otherwise organised with the business. We use couriers based on cost affordability, unless you specify/request a quicker mode of shipping. On all orders, we include the cost of packaging materials and handling fees in your shipping total. 

25. Merchantability and Misrepresentations

25.1 The Customer agrees that the Business makes no warranty, express or implied, as to the merchantability of the Business products. The Customer also agrees that the Business is not liable for any misuse or misrepresentations of the goods by the Customer or the final retail purchaser or consumer and indemnifies the Business for any legal actions that emanate from such actions. The Business reserves the right to change the terms of this Agreement as necessary. Prices are subject to change without notice.

Either party with 30-day written notice can terminate wholesale relationship and the Business holds the right to terminate the wholesale relationship should an order not be placed for the period of over 90 days. Confirmation of Agreement to Policies-Terms & Conditions I agree that I will not file a chargeback with my issuing bank and understand in doing so I give the Business the right to take legal action to enforce these conditions. In the event the Business must seek legal action to enforce these conditions or collect a debt, defendant shall bear legal fees.

By making a purchase to wholesale from the Business I agree that I will not allege to consumers that I manufactured these products myself, nor appointees of myself and that I will not remove or replace any branding tags on these products. I have reviewed and understand the Business's policies and procedures for payment and shipping as well as all terms and conditions. I authorise the business to keep this agreement on file and apply these policies to all future transactions made between the Business and the myself. Please acknowledge your agreement to follow these conditions for all purchases that your Business may make, by signing and entering today’s date below