APPLICATION FORM Date
Trading Name * Trading Address: POSTCODE * Phone * FAX * Mobile * Email *
ABN * Applicant name & title * Type of Business * NAMES OF MAJOR PARTNERS/SHAREHOLDERS/DIRECTORS Name Phone Name Phone Name Phone Business References (Please supply 3 with phone and facsimile numbers) Contact FAX Phone Contact FAX Phone Contact FAX Phone
Standards Terms and Conditions of Trading of US Kids Golf Pty Ltd
These are the tenns and conditions of US Kids Golf Pty Ltd 50 089 233 214 (hereinafter USKG) and any tenns and conditions of the purchaser deviating from or inconsistent with these tenns are expressly excluded. Any statement that purchasers terms and conditions shall prevail are also expressly excluded. None of these tenns and conditions can be removed without written acknowledgment from an authorised USKG representative. All quotations, orders, acknowledgments and invoices are subject to the following tenns and conditions.
All prices quoted by USKG are ex-warehouse, and do not include GST.
Payment tenns are strictly 30 days from invoice date. Unless otherwise stated in writing by USKG, interest at the current bank overdraft rate will be charged on overdue accounts.
No order is valid until an original hard copy purchase order is received and acknowledged by an authorised
It is the customers duty to inspect all product within 24 hours of dispatch from USKG and to notify USKG of any complaints within 12 hours thereafter.
USKG liability to the customer or any third parties in respect of any breach or non-perfonnance of contract howsoever caused or arising shall be limited to the price of the goods as invoiced to the customer.
The risk in the goods shall pass to the customer when the goods are loaded for consignment at USKG premises, whether by a carrier employed by USKG or not. The parties also agree that the ownership of the goods delivered is only transferred to the customer when the customer has paid for all the goods under this or any other contract.
it is the customers responsibility to ensure that the capacity and performance of the goods sold are sufficient and suitable for the customers purpose in buying such goods.
These terms and conditions override and supersede any prior agreements, promises, representations, understandings or implications.
If one or more provision of these terms and conditions is or becomes void, voidable or unenforceable for reason whatsoever all other provisions hereof shall remain in full force and effect.
The contract between USKG and its customers and suppliers shall be governed and construed according to the Jaw of New South Wales including as to conflict of laws.
These terms and conditions do not and shall not be taken as applying to exclude, restrict or modify in any manner whatsoever the rights conferred on consumers and others by certain Commonwealth, State and Territorial law that cannot lawfully be excluded, restricted or modified.
Contracts and deliveries may be suspended by the supplier in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime ,civic disturbance, war, legislation, force majeure, the inability of USKG to procure necessary material or articles preventing or retarding perfonnance of the contract of delivery of work and no responsibility shall be attached to USKG for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of USKG.
Customers property and all property and material supplied to USKG by or on behalf of the customer will be held at the customers risk and USKG accepts no liability, or responsibility for the insurance of such property or material whatsoever, for loss of, or damage to, such property or material.
Directors of corporate entities agree to be bound personally for the debts of their company(ies) in any
contract with USKG and agree to be so bound both jointly and severally with their other directors.
RETURNS AND EXCHANGES
Within 30 days of invoice: No Questions Asked US Kids Golf will gladly accept a return of merchandise, "No Questions Asked" if we are contacted, and you are issued a RETURN AUTHORISATION (RA) number within 30 days from the date the product was shipped or invoiced from our company. To qualify for this "No Questions Asked" return, products must be NEW, which means unused and in their original packaging.
You will be responsible for the shipping arrangements and fees, and the return must be shipped within 15 days of the date the RA was issued and received by us within 45 days of our shipped/invoice date. However, if it is determined that the return is due to our error, a Call Tag (shipping label at our expense) will be emailed to you in order to ship within 15 days of the date the RA is issued.
Within 31-90 days of invoice: Returns Accepted With Restocking Fee
If you are issued an RA number 31 to 90 days after our shipped/invoice date, then all NEW products may be returned with a 10% Restocking Fee applied.
CONSUMER PRODUCT WARRANTY
US Kids Golf warrants its products purchased from an authorized US Kids Golf retailer or distributor to be free from defects in materials and workmanship during normal use for ONE YEAR from the original retail purchase date. The warranty does not cover damage caused by third parties or normal wear and tear use such as paint scratches, fading, worn grips, or cosmetic blemishes. US Kids Golf is not responsible for product not purchased from an authorized retailer or distributor or for a product that has been altered or modified in any way except for re-gripping.
To obtain warranty service for US Kids Golf product purchased within Australia, the consumer must present proof of purchase in the form of an original cash register receipt to an authorized retailer or to US Kids Golf. The product must not have been abused, altered, defaced, misused or otherwise damaged through neglect of the consumer. In order to receive warranty service directly through US Kids Golf, the consumer must first fax our customer service department at 02 9904 9812 to receive a Return Authorisation number. US Kids Golf will return the replacement product at no charge to consumers wtthin Australia. US Kids Golf reserves the right to repair or replace the defective product with the same or comparable product.
US KIDS GOLF INTERNET SALES POLICY
Only US Kids Golf (USKG) retailers with at least one physical retail store may sell USKG product via the internet. The retail store must be no less than 500 square feet. In addition, total annual in-store sales volume for all retail stores must be no less than $10,000 in USKG product sales (based on wholesale prices, net of discounts). Sales of $10,000 must have been achieved in the preceding twelve months or must be achieved during twelve months of becoming an authorised US Kids Golf Internet retailer.
USKG retailers selling USKG product on the Internet must carry all items on the USKG Internet Retailers
Minimum Product Line list.
USKG must approve images, layout, and content. Approval will be based on quality of presentation, accuracy of infonnation to help the consumer make an infonned decision, and proper use of USKG trademarks. For new accounts, USKG must approve proposed images, layout, and content before they may be posted on the USKG retailer's Internet site.
USKG retailers may only sell product to consumers via their own retail shops or their own Internet site. The
website must have the same narne (or in USKG's opinion be clearly similar to) the narne of the retail store. USKG retailers rnay not sell USKG product to other resellers or on otherwebsites (such as ebay etc).
USKG retailers must ship product to their Internet customers from their own inventory. USKG will not drop ship product to consumers.
USKG retailers must meet a service requirement of shipping product to their Internet customers within three business days of when the customer places the order.
USKG retailers may not advertise a product for less than its Minimum Advertised Price ("MAP").
"US Kids" is a protected trademark. USKG retailers may use the US Kids trademark on their website in a manner approved by USKG, as required above. Internet retailers may not use the words "US Kids" with search engines or other third parties. Use of US Kids trademarks will be under a license agreement. USKG reserves the right to change this policy at any time.