NSW Clothing Limited - Terms and Conditions
Trading as: Nash Sports and Work Wear
1.1 "Buyer" means the organisation or person who buys or agrees to buy the Goods from the Seller;
1.2 "Buyer’s Purchase Order" means an order for Goods by the Buyer and acknowledged by the Seller in accordance with clause 2.2;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Delivery Date" means the date specified by the Seller when the goods are to be delivered;
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.6 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.7 "Price" means the price for the Goods excluding VAT (if applicable) or any analogous sales tax, carriage, freight, postage or insurance costs;
1.8 "Seller" means NSW Clothing Limited of Rundale Barn, Rectory Lane, Cromhall, South Gloucestershire, GL12 8AN, United Kingdom;
1.9 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.10 It is expressly understood that neither the Buyer nor the Seller are consumers, as defined by the Unfair Contract Terms Act 1977;
1.11 Any reference to a statutory provision shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions that the buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions.
2.3 If no notification from the buyer within 24 hours of receipt of the Order Confirmation and/or acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 Price & Payment
3.1 The Price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The Price may be exclusive of VAT or any analogous sales tax, carriage, freight, postage or insurance costs. The buyer accepts the price in the Order Confirmation.
3.2 Credit Account Payment of the Price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
3.3 Buyers without credit account need to pay in full (cleared funds) before the goods can start production or to leave the sellers premises.
3.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4.00% per annum above the base rate of Metro Bank from time to time in force.
3.5 Prices shown in catalogues and price lists are not guaranteed. Errors and omissions must be accepted by the buyer.
3.6 The seller reserves the right to amend prices without prior notice.
3.7 If the credit account of the buyer is not fully paid up to date when goods are due to leave the premises the seller has to right to `put on hold` the buyers account until the account has been paid. This can still be enforced if a particular order has been received, acknowledged and actually paid for in full. The account must be fully up to date before any further orders can leave.
3.8 The buyer must notify the seller in writing within 10 days of receipt of the invoice if they consider the invoice to be incorrect in any way. If there is a discrepancy then the buyer should pay what they consider to be correct within the agreed credit terms. The discrepancy will be investigated by the seller on receipt of the complaint.
4 The Goods
4.1 The quantity and description of the Goods shall be as set out in the Buyer’s Purchase Order. On `specially manufactured` or 'made to order' orders the ordered qty may differ by a manufacturer’s qty tolerance of plus or minus 10%. The buyer will accept this qty and will accept invoices and will pay for this qty.
4.2 The Goods shall be required only to conform to the specification in the Buyer’s Purchase Order. Photographs are for illustrative purposes only and may not exactly match the product itself. Products may vary in colour, shade and size. It is possible to get difference in shades, sizes and colours on one order. This has to be accepted by the buyer.
4.3 All back orders arising from non deliveries will be shipped as merchandise becomes available unless previously cancelled by the customer and may be subject to carriage charges.
4.4 No claims of any nature can be accepted for damages, loss of income, or lost orders due to back orders to out of stock items.
4.5 No claims of any nature can be accepted for damages to marble bases. Transportation of marble bases is entirely at the buyer’s risk.
4.6 All heights and descriptions shown in catalogues and price lists are approximate and are not subject to guarantee of accuracy.
4.7 Restocking of unwanted or over ordered goods is not allowed by the seller.
4.8 Embellishes/personalised items - Any product that has had additional embellishment or personalisation e.g. club crest, company logo's, name, number, initials, are exempt from our money back guarantee. We will not accept returns of embellished/personalised goods except where the goods are deemed faulty.
4.9 Embelished/personlised items - Any product that has had additional embellishment or personalisation e.g. club crest, company logo's, name, number, initials, cannot be replaced or exchanged.
4.10 Guaranteed Satisfaction Promise - the seller shall be liable to correct any mistakes on orders where the product delivered does not match the approval form(s) sent to and signed off by the buyer. Such correction shall be at the cost of the seller. However, the seller shall not be liable for any cost of correction if the goods delivered match the approval form(s) sent to and signed off by the buyer. In such a case, the buyer shall be liable for the cost of the goods, and any replacement goods, in full.
5 Delivery of the Goods
5.1 Unless otherwise agreed, delivery of the Goods shall take place at the address specified in the Buyer’s Purchase Order and the Buyer shall be deemed to have accepted the Goods upon their delivery. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 The Delivery Date specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the Contract.
5.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
5.4 The Buyer must notify the Seller of any damages or shortages within 24 hours of receipt.
5.5 Substitutions; where possible substitutions will be made by the seller if considered to be appropriate. Without reference to the buyer.
5.6 Risk shall pass on delivery of the Goods to the Buyer.
5.7 If the buyer cancels an order (for any reason), the seller can charge the buyer for any costs that have occurred. This can be goods, materials, labour, re-stocking, carriage etc.
6.1 The Seller warrants that it has good title to the Goods.
6.2 Title to the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
7.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge, subject to the following conditions:
7.1.1 The Buyer notifying the Seller of the defect within 48hours of delivery;
7.1.2 The Seller is comfortable that the defect has not occurred after the delivery;
7.1.3 The defect being due to the faulty design, materials or workmanship of the Seller.
7.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense.
7.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
7.4 Subject to the Seller’s liability under Clause 6 and subject to Clause 8, the Seller shall be under no liability whatever to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.
7.5 Subject to this Clause 7 and to Clause 8, all other warranties, conditions or terms whether made expressly or implied by common law or by statute relating to use, quality, and/or fitness for purpose are excluded.
8 Limitation of Liability
8.1 Subject to Clauses 8.2 and 8.3, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods.
8.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
8.3 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for breach of the warranties contained in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the Contract.
9 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. This would also be the case if the seller’s suppliers had failed to deliver on time or to fail in any way shape or form.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11 Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the Law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
12 Confidentiality & the Sellers Property
The buyer shall under no circumstances exchange comments, information and/or detail about the sellers company, the sellers products, or the sellers service to any other form of media, companies or individuals. Any form of complaint must be directed towards the seller and only the seller.
The buyer shall keep in strict confidence the existence of these terms and conditions and all in-put material and all technical or commercial know-how, specifications, inventions, processes, initiatives, and details of the order and any information about the orders and any information between the two parties which are of a confidential nature and have been disclosed to the buyer by the seller, its employees, agents, consultants or subcontractors, and any other confidential information concerning the sellers business or its products which the buyer may obtain. The buyer shall restrict disclosure of such confidential material to the buyers’ team and to such of its other employees, agents, consultants or subcontractors as need to know it for the purpose of discharging the buyer's obligations to the seller, and shall ensure that the buyer's team and all other employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the buyer.
All the sellers equipment and all other materials, tools, drawings, specifications and data supplied by the seller to the buyer shall, at all times, be and remain as between the seller and the buyer the exclusive property of the seller, but shall be held by the buyer in safe custody at its own risk and maintained and kept in good condition by the buyer until returned to the seller. They shall not be disposed of or used other than in accordance with the sellers written instructions or authorisation.
Use of the website
You may only view, download or print pages from this website for your own personal use.
We have made our best endeavours to ensure that all information on this website is correct. However, we cannot offer any form of warranty that it meets your requirements or is entirely accurate. We will continually try to ensure that all errors and defects are corrected as soon as possible.
We will send you an e-mail acknowledging your order once it has been placed and received.
We will usually accept your order. Exceptions may include: -
- Non authorisation of payment
- The product being unavailable
We accept payment by all major Credit or Debit cards through Worldpay. This is an established payment processing system which will be taking secure payments from you directly when you purchase goods online. We will never have access to your payment details, this is all handled for us by Worldpay.
For payment you are transferred to the Worldpay site where you will pay using the payment gateway provider (Worldpay) which will then process your payment on our behalf, using a secure encrypted connection.
Worldpay are Payment Card Industry Data Security Standard compliant to the highest level and run regular security audits. Worldpay operate your private details in a secure encrypted environment at all times. You can see this in the web address which will start with https://, not to the usual http:// (the "s" stands for secure).
In addition, NSW Clothing are fully compliant with PCIDSS regulations.
If you have any questions regarding our payment security please feel free to visit the Worldpay site, or send us an email.
Made to Order Goods
- The order will not be processed in our system until all artwork has been signed off and approved by the customer.
- Our minimum order qty is 10 pcs per design. It is possible to produce orders less than 10 but this will incur extra charges.
1 – 100% extra
2-5 - 50% extra
6-9 - 25% extra
- All logos need to be supplied in a vectorised .eps or .ai format. If they are not supplied there will be a charge for the creation of these. The logos need to be clear and crisp to ensure the finished garments are clear and crisp.
- If a customer requires a cad without an order, this process is chargeable. The charge will be refunded when the customer places the order. It is the customers’ responsibility to highlight this when placing the order. If the customer does not highlight this at the ordering stage, no retrospective refund will be given.
- All cads will be sent to the customer in a .pdf version only.
- The cads will have to be electronically signed by the customers for the order to proceed. To do this you will need Adobe Reader. You can download the latest version for free through http://get.adobe.com/uk/reader/ Sampling
- Pre-production samples are available at a non-refundable cost to the customer. These will be produced on normal production times.
- Logo redraw - £25.00 per logo, or if more we will inform the customer for approval. Please note that this price does not cover our costs, this only contributes to our costs, so these logos are non-transferable.
- Design Cad without an order - £25.00, or if more we will inform you for approval.
- A pre-production sample cost of one garment is 100% extra to the list price of the garment. Please note that this price does not cover our costs, this only contributes to the cost.
- We will always try our best to match as close as possible to the production cads and any pantone reference; however we will not be able to guarantee a perfect match. The process of dye sublimation and the variances in material, colours and design make this impossible to match perfectly.
- With regards to repeat orders, the above rule will apply again. We will try our best to match the previous orders but no perfect matches will be guaranteed. Agreeing to the T&C’s
- If you place an order with us, this will automatically indicated that you agree to the above terms and conditions, without exception.
Agreeing to the T&C’s
- If you place an order with us, this will automatically indicated that you agree to the above terms and conditions, without exception.