top of page

TERMS & CONDITIONS

A full copy of Sperling Enterprises Pty Ltd, business to non consumer terms and conditions of sales can be found on the company website www.sperling.com.au and www.capebyronsports.com.au. Any order placed with Sperling Enterprises Pty Ltd or its operating division Cape Byron Sports (CBS) will be a confirmation of the buyers acceptance of these new terms and conditions. If you continue to place orders with the company these terms and conditions will apply. Terms and conditions of sale (key extracts please refer to the detailed information on the website).


TERMS OF PAYMENT 
The terms of payment are (30) days from the date of statement. All invoices are due and payable in full on the last banking day of the month following the date of the invoice. Should the buyer fail to pay an invoice by the due date then:
   (a) The seller may charge interest on any overdue invoice at the penalty rate fixed under the Penalty Interest Rate Act         NSW, calculated and payable daily, compounded from the due date until the invoice is paid in full.
   (b) The buyer will pay all costs and expenses (including legal costs determined as between solicitor/ own client and             mercantile agents fees) which may be incurred in the recovery or attempted recovery of the overdue account.
Accounts with overdue invoices will not qualify for discounts. Accounts in arrears will be suspended with an account keeping fee of 2% per month. An extra 2% discount will be allowed for payment within 7 days.


PRICE
All prices and quotations exclude any Australian or overseas taxes or duties and are exclusive of GST. The buyer is liable for all taxes or duties including GST, payable on the goods. All prices and quotations do not include freight and insurance costs unless stated otherwise. The buyer is liable for any and all freight and insurance costs unless stated otherwise.


FREIGHT
Mirage (CBS) freight charges are based on the location delivery destination, Volume and Weight, and Softboard or Body Board surcharges.$150 minimum order applies. All orders over $600 ex GST will be delivered to capital cities and some regional centres free of charge.Please contact us for freight charges to your specific area.

OWNERSHIP OF GOODS
Not with standing delivery of goods and the terms of payment, ownership of good delivered only passes to the buyer when the goods are paid for in full and in cleared funds, including payment in full of all taxes duties and delivery charges.


PERSONAL PROPERTY AND SECURITIES ACT
The buyer acknowledges and agrees that, until the seller has received payment in full from the buyer of the goods the seller interest in the goods is a “security interest” for the purposes of the Personal Property Securities Act 2009 (PPSA).


RISK OF GOODS
To the extent that the goods and/or services includes goods the risk in any goods delivered will, unless otherwise agreed in writing, pass to the buyer on delivery of the goods to the buyer or its nominee or agent.


ACCEPTANCE AND RETURN OF GOODS
To the extent that the goods and/or services includes goods, the buyer is deemed to have accepted a delivery of goods within forty eight (48) hours after delivery unless prior to that time the buyer has notified the seller in writing of its rejection of that delivery and the reasons for the rejection are accepted by the seller, or immediately upon use of the goods, whichever is the earlier. If the seller’s goods are used or the seller receives no notification of rejection of the goods within the stated time, then the seller will be entitled to payment in full and thereafter the seller will not be liable for any claims, loss or damage, however it arises. Returns of saleable goods (other than deliveries made in error) will be subject to a 25% restocking fee. Returned goods must be from current stock lines. Run out specials & deleted stock lines will not be accepted for return.


CLAIMS FOR DAMAGED GOODS
To the extent that the goods and/or services includes goods, no claims for credit will be accepted without prior authorization. Any goods which are returned for credit will only be accepted if they are in original packaging, in pristine order and condition and accompanied by documentation showing: buyer name and address (you), seller invoice number, reason for return and our authorization number. If the physical return of goods is authorized the goods must be carried by our nominated carrier.

bottom of page