1. PAYMENT OF ORDERS/ACCOUNT
Website orders from Silver Lining Gifts (Silver Lining) are normally settled by pro-forma invoice. Pro forma orders are firm and non-cancellable by you (the Customer) and must be paid in full within 14 days from the date of invoice. Where payment is not received within this time, the order may be cancelled by Silver Lining.
Non-proforma orders must be paid within 30 days of the invoice and where payment in full is not received by Silver Lining prior to the due date, you will be liable to pay an administration fee of $15 per statement until payment in full is received by Silver Lining.
2. MINIMUM ORDERS
Silver Lining Gifts has no minimum order quantity. There is no restriction on how many items of any type you have to purchase. You can even order only one item if you like. However, if the item is being couriered or posted, please be aware that freight costs can be significant.
Backorders will be issued on all orders unless otherwise stated or cancelled by you in writing.
3. PROPERTY IN AND DELIVERY OF GOODS
The Goods supplied by Silver Lining shall be at your risk immediately on delivery to you or the premises as directed by you. However, ownership of the Goods shall not pass to you until payment in full has been received by Silver Lining Gifts.
4. ACT OR DEFAULT OF THIS CONTRACT
An act of default of this contract shall be deemed to occur in the event of you:
1. Failing to make payment in full for the Goods within 14/30 days.
2. Having any distress or execution levied upon your goods or property.
3. Being a company becoming unable to pay your debts as they fall due, offering to enter into any scheme of arrangement with your creditors, any resolution by your Board of Directors or the filing of any petition to wind up your business, or the appointment of an administrator or receiver/manager in respect of your affairs.
4. Being declared bankrupt. Any of the above acts are collectively referred to as an Act of Default.
Upon committing an Act of Default any right to sell the Goods in which the title of the property remains vested in Silver Lining Gifts shall cease immediately, with you placing all of the Goods remaining in your possession or under your control at the disposal of Silver Lining.
Silver Lining is irrevocably authorised by you to nominate a person to enter your premises or the place of storage directed by you during normal business hours for the purpose of repossessing the Goods still in your possession or control. No more than reasonable force may be used to take possession of the Goods.
5. RETURNS AND CREDIT
At all times Silver Lining endeavours to provide Goods of quality and of a consistent high standard. Individual items may vary in colour, texture and finish due to the nature of the manufacturing processes and the materials used.
Every effort is also made to ensure Goods purchased are packaged properly to minimise the risk of damage during transport.
Any Goods purchased by you from Silver Lining Gifts may only be returned where notification of the proposed return is received within (7) days of the date of delivery of the Goods to you. Silver Lining Gifts must also agree to accept the return of the Goods, and at your freight expense.
6. MISCELLANEOUS PROVISIONS
1. Goods refer to any products obtained by you from Silver Lining from time to time.
2. Silver Lining Gifts has the right to decline to supply products if an existing customer is already selling the same Goods within reasonable proximity.
3. In-transit insurance is the responsibility of the Customer and is not included in the invoiced price of the Goods.
4. Any dispute arising from or in connection with this agreement shall be subject to the jurisdiction of the Courts and Laws of the State of Western Australia.