These trading terms and conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods by Seller to a Customer from time to time. Any supply of Goods by Seller to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Seller and any such supply does not give rise to a new or separate agreement.
These terms and conditions (“Terms”) are current for trading with the Seller at the time of issue, however these Terms may be updated from time to time by Seller.
In these Terms unless the contrary intention appears:
"Additional Charges" includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Seller arising out of the sale of the Goods.
"Customer" means the person to or for whom the Goods are to be supplied by Seller.
“Customer’s Site” means the location where the installation works will take place in accordance with clause 7.
"Goods" means the goods sold to the Customer by Seller and includes any services provided by Seller to Customer.
“Installation Works” means the installation of the Goods by Seller or its third party as specified on the purchase order.
"Payment Terms" means 30 days from the date of invoice.
"Purchase Price" means the list price for the Goods as charged by Seller at the date of delivery (excluding any delivery costs) or such other price as may be agreed by Seller and the Customer prior to delivery of the Goods.
"Seller" means ID Warehouse Pty Ltd.
2. Order for Goods
2.1 An order given by Customer to Seller is binding on Seller and the Customer, if:
- A written acceptance is signed for or on behalf of Seller; or
- The Goods are supplied by Seller in accordance with the order.
2.2 An acceptance of the order by Seller is then to be an acceptance of these conditions of sale by Seller and the Customer and these conditions of sale will override any conditions contained in the
Customer's order. Seller reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Seller until accepted by it.
2.3 An order which has been accepted in whole or in part by Seller cannot be cancelled by the Customer without obtaining the prior written approval of Seller, which it may refuse in its absolute discretion.
3. Description of Goods
3.1 To the extent permitted by law:
- the description of the Goods is for the purpose of identification only and reliance on a description of the Goods does not constitute a sale by description;
- any sample of Goods exhibited to, or inspected by the Customer is supplied solely to judge the quality in bulk and does not constitute a sale of sample.
3.2 To the extent permitted by law, no warranty is given by Seller as to the suitability of Goods to the Customer's requirements and in purchasing the Goods, the Purchaser is deemed to acknowledge that it cannot rely on the skill and judgment of the Seller, its agents or employees in these regards. The Customer must also examine the Goods prior to purchase.
4.1 The Seller’s liability is limited, to the extent permissible by law and at the Seller’s option to:
- 4.1.1 with respect to Goods:
- replacement of the Goods or the supply of equivalent goods;
- repair of Goods; or
- the payment of the cost of replacing the Goods or of acquiring equivalent goods or
- 4.1.2where the Goods are services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
4.3 Any claims to be made against Seller for short delivery of Goods must be lodged with Seller in writing within 7 days of the delivery date.
4.4 To the extent permitted by law, all other warranties where implied or otherwise, not set out in these Terms are excluded and Seller is not liability in tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
- 4.4.1 any increased costs or expenses;
- 4.4.2 any loss of profit, revenue, business, contracts or anticipated savings;
- 4.4.3 any loss or expense resulting from a claim by a third party; or
- 4.4.4 any special, indirect or consequential loss or damage of any nature whatsoever caused by Seller’s failure to complete or delay in completing the order to deliver the Goods.
- 4.1.1 with respect to Goods:
5.1 Delivery of the Goods will be made to an address nominated by the Customer on the order. The Customer must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 Delivery is deemed to occur just prior to the Goods being unloaded from a carrier at the nominated address on the order.
5.3 The times quoted for delivery are estimates only and Seller accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Seller.
5.4 Risk in accepting the Goods passes on delivery to the Customer.
5.5. All Additional Charges (including delivery) are payable by the Customer in addition to the Purchase Price of the Goods.
5.6. To the extent permitted by law, return of Goods will not be accepted by Seller except by prior agreement in writing with Seller and custom Goods will not be returnable. Any Goods returned will be subject to a restocking charge of 15% of the Purchase Price of those Goods, must be free of damage and of acceptable quality and condition and all freight charges are to be pre-paid by Customer to the Seller.
5.7. Same Day Dispatch: If items are in stock, orders placed before 4pm will be dispatched same business day. In stock items ordered after 4pm will dispatched the following business day. Your order may be split shipped in 2 or more parcels, in order to supply you with in stock items sooner, as items become available.
6. Price and Payment
6.1 The Customer must pay the Purchase Price and the Additional Charges to Seller in accordance with the Payment Terms.
6.2 Commencing 1st December, 2015, payments made on account that are then settled by credit card will attract a 1.6% (plus GST) surcharge. Credit card payments made at the time of placing an order (such as selecting the credit card option online) will remain surcharge free.
6.3 If the Customer is in default, Seller may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
6.4 All payments are due in accordance with the Payment Terms. Interest is charged at the rate of 1.5% per month or part of a month from the expiry of that period until the date payment is received by Seller.
7. Intellectual PropertyThe sale of Goods does not have the effect of vesting in the Customer any right to any of the Seller's intellectual property rights in the Goods, including without limitation the Seller’s trading name, Registered and unregistered trademarks, copyright in Goods, designs and patents, the ownership of which will remain with the Seller at all times.
8. Retention of Title
8.1 Ownership, title and property of the Goods remains with Seller until payment in full for the Goods and all sums due and owing by the Customer to Seller on any account has been made. Until the date of payment:
- 8.1.1 the Customer has the right to sell the Goods in the ordinary course of business;
- 8.1.2 Until the Goods have been sold by the Customer in the ordinary course of the Customer's business, the Customer holds the Goods as bailee for the Seller;
- 8.1.3 The Goods are always at the risk of the Customer.
8.2 The Customer is deemed to be in default immediately upon the happening of any of the following events:
- 8.2.1 if any payment to Seller is not made promptly before the due date for payment;
- 8.2.2 if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Seller is dishonoured.
8.3 In the event of a default by the Customer, then without prejudice to any other rights which Seller may have at law or under this contract:
- 8.3.1 Seller or its agents may without notice to the Customer enter the Customer's premises or any premises under the control of the Customer for the purposes of recovering the Goods.
- 8.3.2 Seller may recover and resell the Goods;
- 8.3.3 if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Seller may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Seller and the Customer may be ascertained. The seller must promptly return to the Customer any goods the property of the Customer and Seller is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer's business howsoever arising from the seizure of the Goods.
- 8.3.4 In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of the sale of such manufacturing or construction process as relates to the Goods in trust for Seller. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Seller at the time of the receipt of such proceeds. The Customer will pay Seller such funds held in trust upon the demand of Seller.
9. Personal Property Securities Act ("PSSA")
9.1 Defined terms in this clause have the same meaning as given to them in the PPSA.
9.2 Seller and Customer acknowledge that these Terms constitute a Security Agreement and give rise to a Purchase Money Security Interest (“PMSI”) in favour of Seller over the Goods supplied or to be supplied to the Customer as Grantor pursuant to the Terms.
9.3 The Goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.
9.4 Seller and the Customer acknowledge that Seller, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer as Grantor under the Terms on the PPSA Register as Collateral.
9.5 To the extent permissible at law, the Customer:
- 9.5.1 waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Seller.
- 9.5.2 agrees to indemnify Seller on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
- registration or amendment or discharge of any Financing Statement registered by or on behalf of ID Warehouse Pty Ltd; and
- enforcement or attempted enforcement of any Security Interest granted to ID Warehouse Pty Ltd by the Customer.
- 9.5.3 agrees that nothing in sections 130 to 143 of the PPSA will apply to the Terms or the Security under the Terms;
- 9.5.4 agrees to waive its right to do any of the following under the PPSA:
- receive notice of removal of an Accession under section 95;
- receive notice of an intention to seize Collateral under section 123;
- object to the purchase of the Collateral by the Secured Party under section 129;
- receive notice of disposal of Collateral under section 130; receive a Statement of Account if there is no disposal under section 132(4);
- a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged;
- receive notice of retention of Collateral under section 135;
- redeem the Collateral under section 142; and
- reinstate the Security Agreement under section 143.
10. Goods and Service TaxGoods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify Seller in respect of GST paid and payable by Seller for the supply of the Goods.
11. IndemnityTo the full extent permitted by law, Customer will indemnify Seller and keep Seller indemnified from and against any liability and any loss or damage Seller may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives.
12.1 These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the State of New South Wales.
12.2 These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
12.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
12.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by Seller will be considered to imply or constitute a further waiver by Seller of the same or any other term, condition, right or remedy.
13. Manufacturer's Warranty
13.1 Where the Seller has not manufactured the Goods, the Seller will pass on any warranty provided by the manufacturer of the Goods to Customer. To the full extent permissible by law, Seller will be under no liability whatsoever except for the express conditions as detailed in and stipulated in the manufacturer's warranty.
13.2 Subject to clause 13.1 and clause 13.3, where the Seller has manufactured the Goods, the Seller warrants to the Customer that the Goods will be free from defects in materials supplied by Seller for a period of 12 months from the date of delivery (“Warranty Period”), time being of the essence. Seller’s obligation under this warranty, and subject approval of the claim by Seller or their duly appointed representatives, Seller may repair or replace the Goods. If a replacement part is supplied, the Warranty Period remains based on the original date of delivery of the Goods to the Customer. This warranty is not transferable.
13.3 The conditions applicable to the warranty given in clause 13.2 are:
- 13.3.1The warranty does not cover any defect or damage which may have been caused or partly caused by or arise through:
- (i) Failure on the part of the Customer to properly maintain the Goods; or
- (ii) Failure by the Customer to follow any instructions or guidelines provided by the Seller; or
- (iii) Any use of the Goods otherwise than for any application specified on a quote or order form; or
- (iv) The continued use of the Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- (v) Fair wear and tear; or
- (vi) any accident or act of God; or
- (vii) any alteration of the Goods.
- 13.3.2 The warranty ceases and the Seller is in no circumstances liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller's consent.
- 13.3.3 In respect of all claims the Seller is not liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customer's claim.
- 13.3.4 To the extent permitted by law, all costs of disposal, re-installation, cartage, freight, kilometre expenses, travel and insurance associated with this warranty are to be paid by the Customer including all costs of Seller in attending to the assessment of the warranty claim where the defect in the Goods is not covered by this warranty.
- 13.3.5To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these warranty terms and conditions are excluded and Seller is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
- (i) any increased costs or expenses;
- (ii) any loss of profit, revenue, business, contracts or anticipated savings;
- (iii) any loss or expense resulting from a claim by a third party;
- (iv) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Seller’s failure in complying with its obligations.
13.4 The following statement applies if the supply of the Goods to Customer is a consumer sale as defined in the Australian Consumer Law. In this statement, "our" means "Seller" and "you" means the "Buyer". "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure".
13.5 The benefits given to the Customer under this warranty are in addition to other rights and remedies of the Customer under a law in relation to the Goods to which this Warranty applies.
- 13.3.1The warranty does not cover any defect or damage which may have been caused or partly caused by or arise through:
14. Price Beat GuaranteeIf you received a more competitive quote from an alternate Australian supplier, simply send the quote through to our Customer Service Team and we will beat it. Items must be identical. Excludes stock liquidations and quantities greater than shown in our website/catalogue/price list. Price Beat does not apply where price is below our cost. An official quotation (including ABN) must be presented at time or ordering. The official quotation must show a validity date within the past 3 calendar months. If ID Warehouse is unable to Price Beat your request, we will provide a suitable product/price alternative. Price Beat Guarantee cannot be used with other discounts and offers.
15. Return of Products
15.1 If the Customer is not satisfied with a Standard Product(s) for any reason, they may request either a replacement or refund for the Product(s) within 30 days from the date of purchase. The Customer does this by calling ID Warehouse Customer Service Department on 1300 654 201 to request a Return of Goods Authorisation (RGA).
15.2 Custom Product(s) cannot be returned or refund requested unless the Product is affected by a quality issue or the Product does not match the artwork proof signed-off by the Customer. In this instance, and where substandard product has been supplied, ID Warehouse will organise the return of goods via our specified courier or may determine that the value of the products is lower than the cost to return and the customer will be instructed to retain the goods and a credit will be processed immediately.
15.3 Software Products are guaranteed to be virus free. For this reason, once packaging is opened these products cannot be returned. ID Warehouse must be notified of the Cancellation of Cloud-Based Software product subscriptions on or prior to the date thirty (30) days preceding the end of such Subscription (or) Software Plan Term. Cancellation notification to ID Warehouse on or after thirty-one (31) days after the sale date cannot be refunded. The WhosOnLocation subscription term is one year. Subscriptions are renewed annually and we will provide you with notice of the renewal due date before the expiration of the existing subscription term.
15.4 All products must be returned in saleable condition and in original packaging. The Customer is responsible to arrange return of the Product(s) via registered post or by courier to guarantee receipt of goods. Once the Product(s) have been received replacement Product(s) can be arranged or a credit is issued to the Customer's account. Where the error is a ID Warehouse error, transport costs will also be credited.
15.5 First Aid and Personal Hygiene Products & Returns: Until further notice, due to the risk associated with personal hygiene products we will not approve returns for refund for products purchased including: Hand sanitisers, thermometers. An exception will be made only in the instance where an order is cancelled prior to leaving our premises.
16. Rush Lanyards ServiceOrders shipped within 5 business days, following the approval of proofs. Shipping is FREE! You will not be charged a shipping fee for our RUSH Lanyard Service. Shipping time is typically 3-5 business days. This is based on custom clearance. Additional delays may be caused due to global logistical blocks, which are out of the courier providers control. Camera-ready artwork must be provided. True vector files in .ai and .eps will be accepted. If artwork does not meet these requirements, a delay in the process may occur. Orders must be sent by 12.00PM AEST, Mon-Fri. Customers must provide final proof approval by 4:00PM AEST, for order acknowledgment to be confirmed. New customers must provide full payment upon placing order and credit accounts must be good standing, for orders to progress to production.
*$20 OFF: Offer subject to change without notice. This offer is valid on online orders only and on products available for purchase from IDWarehouse. Orders must be for a minimum value of $199 (incl. GST and before discount) in one transaction to qualify for a $20 discount. The discount is redeemable at the time of order. Coupon code HELLO20 must be quoted at the checkout/time of placing an order to qualify for the discount. Not to be used in conjunction with any other offer or discount promotion. Custom and ETO products are excluded from this promotion. One claim applicable per order. The offer discount value excludes shipping costs and standard freight and additional freight charges may apply for heavy and/or bulky items. In addition to our standard returns policy, where the customer wishes to return the product the refunded amount will match the price paid at the time of purchase excluding shipping costs. Please note that this offer has product exclusions and further conditions apply.
* WhosOnLocation SUBSCRIPTIONS - 30 DAYS FREE: This offer is valid on all WhosOnLocation subscriptions during the offer period. Subscriptions are renewed annually and we will provide you with notice of the renewal due date before the expiration of the existing subscription term. By clicking “buy now” and completing your order, ID Warehouse will email you instructions to commence setup with WhosOnLocation. Upon beginning setup, WhosOnLocation will send you an activation link and set up instructions. Host the WhosOnLocation system with your own compatible device or purchase separately. This offer excludes on-site visits, additional subscriptions and hardware. No additional discount or offer is valid with this offer. In addition to our standard returns policy, where the customer wishes to return the product, the refunded amount will match the price paid at the time of purchase.
18. Pre OrderAt ID Warehouse, we will do our best to deliver Pre-Order Products according to their expected dispatch date as stated on our website. The expected dispatch date is an estimate only. If this changes, we will do our best to let you know. It is the customer’s responsibility to keep your delivery and contact information up-to-date to ensure correct delivery of any Pre-Order Products. When placing a Pre-Order, you will be required to provide certain information, such as your delivery address and billing information. By placing a Pre-Order with ID Warehouse Australia, you agree to the current Terms and Conditions of sale which are available within the Terms and Conditions. Your purchase of the Pre-Order Product will be subject to these Terms and Conditions, including return of products and warranty policies as outlined.
19. Custom Designs19.1 Free Lanyard Sample: You are entitled to 1 FREE sample, per design. This will be limited to a maximum of 3 designs and 1 sample for each design. The cost of any additional requests will be priced upon quote request.19.2 Setup Fees: Setup charges will apply to Custom Reels, Custom Cards & Custom Wristbands. Upon quote request, the setup charges will be advised in a formal quote. There will be no setup charges applied to Custom Lanyards.19.3 Design Service Fees: Design service is FREE. Upon setup, you are entitled to 2 complimentary revisions per design. Any additional requests will incur a fee, (price will be quoted on application).