Terms & Conditions
We realise legal terms are alternately boring and scary. We’ve tried to keep ours as simple as possible:
1. Standard Conditions
All goods are sold and delivered solely in accordance with the following terms and conditions unless otherwise
agreed in writing by Cloke Clothing Ltd (the ‘Supplier’). ‘Purchaser’ means any company or person which
orders or requests Goods from the Supplier. ‘Goods’ means all clothing or related products supplied by the Supplier
to the Purchaser.
2. Credit Terms
Payment of the goods must be made before dispatch, or, if a credit account has been established, by the 20th of
the month following the invoice date. Interest at 2% per month is chargeable on overdue accounts.
3. Credit Checking
The Supplier may, notwithstanding the provisions of the Privacy Act 1993, obtain any information about the
Purchaser it may consider relevant to the financial position or creditworthiness of the Purchaser.
4. Risk and Ownership
Goods are at Purchaser’s risk from time of delivery from the Supplier’s premises. Property in goods shall not pass
from the Supplier until paid for in full. Proceeds from any resale of the goods up to the total amount owing shall be
held in trust for the Supplier and the Supplier shall be entitled to trace all proceeds of the sale through any bank or
other account maintained by the Purchaser. If the Purchaser comprises more than one person, each of these
persons liability to the Supplier is both joint and several.
5. Personal Properties Securities Act 1999 (PPSA)
The Supplier may register Financing Statements(s) pursuant to the PPSA, in which case the Purchaser waives the
right to receive verification of such statement(s), and agrees that as between the Supplier and the Purchaser, the
Purchaser will have no rights under sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131, 132, 133
and 134 of the PPSA.
6. Liability
The liability of the Supplier for defective Goods shall be limited to, and not exceed the purchase price of the Goods.
The Supplier will not otherwise be liable for any loss or damage including direct or consequential loss, or loss of
profits, incurred by the Purchaser or any third party as a result of the Goods being defective. The Supplier will not be
liable for loss or damages arising from misrepresentation by the Supplier’s agents or sales representatives. The
Supplier will not be liable for loss or damages incurred by events beyond the Suppliers reasonable control.
7. Delivery Dates
Dates given for expected deliveries are estimates only and the Supplier shall not be responsible for any costs or
losses incurred because of late delivery.
8. Returns and Credits
Any returns will only be credited if returned unprocessed in the condition in which they were supplied and invoice
number quoted. Goods made to order are not returnable unless found to be faulty. Returns of other goods are at the
discretion of the Supplier and may be subject to a re-stocking fee. Notice of returns and claims for faulty or missing
goods must be made within 7 days of delivery.
9. Default in Payment
If payment is not made by the due date the Supplier’s principals or agents may enter the Purchaser’s premises and
remove the goods. Any legal fees, debt collection fees, costs and disbursements incurred by the Supplier in
recovering outstanding monies shall be recoverable from the Purchaser.
10. Prices
Prices quoted may be subject to variation by the Supplier at any time prior to delivery. All prices are quoted exclusive
of Goods and Services Tax which is added to the invoice total.
11. Consumer Guarantees Act 1993
The Customer agrees that where it is buying the Goods for the purposes of a business the Consumer Guarantee Act
does not apply.
12. Acceptance
Acceptance of delivery of any Goods will be deemed to be acceptance by the Purchaser of these terms and
conditions.