1. All products, goods and services supplied by HARDGEAR LTD as elite teamwear agents to Canterbury of New Zealand, “the Company”, are on the express understanding that the purchaser agrees to the Company’s main and full Terms and Conditions of Sale. Order details and terms and conditions of Sale cannot be varied except by written authorisation signed by a director of the Company.
2. Delivery: All goods are offered subject to availability. Delivery of goods will be deemed to take place at the Company’s premises unless otherwise agreed. Every effort will be made to deliver goods on time, but no responsibility can be accepted for late or non-delivery. All shortages, damages or non-delivery of goods must be notified to us within three working days. Claims for shortages or non-delivery must be supported by the carrier’s consignment or proof of delivery note on which the goods have been signed for as unchecked, short or damaged as appropriate. By arrangement all deliveries should be carefully checked to ensure that the correct number of packages, boxes or cartons being signed for has been delivered, as no responsibility can be accepted afterwards for non short delivery if there is a discrepancy. All deliveries should also be signed for as unchecked, damaged or both, if apply, unless the contents of all packages, boxes or cartons delivered are checked in front of the carriers delivery person, when any shortages or damages or both should be noted on the consignment/proof of delivery note and signed for as such. No claims for shortages or damages will be entertained unless goods are checked at the time of delivery in the presence of the courier’s employee. While every effort will be made to despatch goods on time, no responsibility will be accepted for late or non-delivery or for any consequential loss whatsoever. Goods despatched to any third party at the purchaser’s request are entirely at the purchaser’s risk and it is the purchaser’s responsibility to ensure that goods are correct in every respect before any processing of the goods commences.
3. Specification: Sizes, measurements and descriptions of goods are for guidance only and the Company cannot guarantee absolute consistency of size, material, proportion, colour or shade. All products supplied should be washed or cleaned strictly in accordance with the washing instructions provided on the garment label. The Company will accept no responsibility if instructions are not followed precisely. Size, style, fabric content, specification, quality, colour and suitability for chosen purpose should be checked by the purchaser on receipt of the goods. While every effort is made to ensure consistency of colours and shades, variation may occur from one dye batch to another and the Company will accept no responsibility for such variation. Goods should be checked upon receipt. Worn, printed, embroidered or otherwise processed goods cannot be returned.
4. Returned Goods: All sales/orders are final, including orders placed using signed Order Sheets, PO numbers, emails and faxes. The Company does not trade on a “sale or return” basis. We do accept returns subject to the following conditions being meet: [a] Proof of purchase (relevant invoice and despatch note number required). [b] Returns Authorisation Note must be obtained prior to return of goods. [c] Minimum restocking charge is £20 or 10% of goods value (whichever is greatest). [d] All goods must be returned in good condition, original packaging, not processed and unwashed. We do not allow goods to be returned worn. [e] The Company retain the right to refuse returned goods should the Company deem them to be unsuitable to resale. [f] Printed, embroidered and bespoke manufactured goods will not be accepted back for returns under any circumstances. [g] Garments sold as samples are non-returnable. [h] Goods cannot be returned after 28 days from date of purchase.
5. Ownership of Goods: Title of goods shall not pass to the purchaser until the sum due under invoice for those goods is paid in full to the Company. Until title has passed to the purchaser, the purchaser shall not deal with or dispose of the goods other than in it’s normal course of business and until such time the Company reserves the right to enter onto the premises of the purchaser or it’s agent or customer to repossess all or part of the goods, without prejudice to any other legal remedy available to the Company.
6. Risk: Risk in the goods will pass to the purchaser immediately upon delivery which unless otherwise agreed means delivery at the Company’s premises to the appointed or agreed carrier or otherwise to the purchaser or it’s agent in person. Until title passes to the purchaser it shall indemnity the Company against all loss or damage to the goods, including damage in transit or depreciation in the value of the goods.
7. Jurisdiction: All contracts between the Company and the purchaser shall be governed by laws of England and subject to the jurisdiction of the English courts.
8. Large Orders: On European and International orders where there are a number of items ordered, Hardgear Ltd reserve the right to treat this as multiple orders and will require an increased shipping cost from the customer.