Terms and Conditions
Terms and Conditions of Service
These Terms and Conditions ("Terms") govern the relationship between Westwear ("we", "us", "our") and the customer ("you", "your") for the supply of custom-manufactured products. By placing an order with us, you agree to be bound by these Terms.
1. Definitions- Custom Products: Products specifically designed and manufactured to your specifications.
- Order: The request submitted by you for the manufacture of Custom Products, including specifications, designs, and any other requirements provided.
- Specifications: Detailed descriptions, measurements, materials, or other requirements provided by you for the creation of the Custom Product.
- All quotations are valid for 30 days unless otherwise stated.
- Acceptance of a quotation by you constitutes an order. Orders are binding once confirmed by us in writing (via email or other electronic communication).
- We reserve the right to review and revise a quotation if additional details or modifications to the original specifications are provided after the quotation was issued.
- By placing an order, you confirm that all specifications, designs, and details provided to us are accurate and fit for your intended purpose.
- Orders of $500+ a 50% deposit is required upon order confirmation, with the balance payable upon completion or prior to delivery.
- Orders $500 or under require full payment prior to production.
- Payment terms will be outlined in the quotation and invoice. Failure to make payments by the due date may result in delays in production and delivery.
- We accept payments via [payment methods] and all transactions must be in [currency].
- Any additional costs arising from changes or revisions requested by you after the order has been confirmed will be reflected in a revised invoice and payable before completion.
- Estimated production and delivery lead times will be provided upon order confirmation. These are estimates only and may be affected by factors beyond our control, including but not limited to material availability, production schedules, or unforeseen circumstances.
- We will keep you informed of any significant delays and work to mitigate impacts.
- Once production has commenced, changes to your order may not be possible or may incur additional costs. Any changes must be requested in writing and are subject to approval.
- If changes are requested after production has begun, lead times may be affected.
- Cancellations must be made in writing and are only accepted if production has not commenced. If production has started, you will be liable for all costs incurred up to the point of cancellation, including any custom materials and labour.
- A cancellation fee of 50% of the order value may apply.
- Delivery will be arranged according to the details agreed at the time of order. We will notify you when your Custom Product is ready for dispatch.
- Delivery times are estimated, and we are not responsible for delays caused by third-party carriers.
- Risk of loss or damage to the Custom Product passes to you upon delivery or collection, whichever occurs first.
- You are responsible for inspecting goods upon delivery and notifying us of any damage or discrepancies within 30 days.
- Our warranty does not cover damage caused by misuse, improper installation, unauthorised modifications, or natural wear and tear.
- If you believe there is a defect with the product, you must notify us in writing within 7 days of discovering the issue. We will assess the claim and, if valid, repair or replace the product at our discretion.
- To the extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Custom Products.
- Our total liability for any claim arising under these Terms shall not exceed the amount paid by you for the Custom Products in question.
- You agree that it is your responsibility to ensure that the Custom Product is fit for your intended use, and we do not provide guarantees or warranties regarding the suitability of products for specific applications beyond those stated in our warranty.
- All designs, drawings, and specifications provided by you remain your intellectual property. However, you grant us a non-exclusive, royalty-free license to use, reproduce, and modify these materials for the purpose of manufacturing the Custom Products.
- Any intellectual property created by us in the course of fulfilling your order, such as new designs or manufacturing techniques, remains our property unless otherwise agreed in writing.
- We are not liable for any delays or failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, labour strikes, supply chain disruptions, or governmental actions.
- In the event of a force majeure, we will notify you as soon as practicable and work to resume performance as soon as possible.
- These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes arising from or in connection with these Terms will be subject to the exclusive jurisdiction of the courts in Western Australia.
- We reserve the right to amend these Terms at any time. Any changes will be communicated to you in writing and will apply to all orders placed after the date of the amendment.
- In the event of a dispute, both parties agree to engage in good-faith negotiations to resolve the issue. If a resolution cannot be reached, the dispute may be referred to mediation or arbitration in accordance with Australian law before any legal proceedings are commenced.
- For any inquiries regarding these Terms, please contact us at:
Westwear
onlineorders@westwear.com.au
0416 178 239
756B Marshall Rd, Malaga WA 6090