Please read carefully the following Conditions of Sale. The purchase or use of our product implies that you have read, understood and accepted these Conditions of Sale. If these conditions are unclear, contact Contemporary Leathers Customer Service staff for clarification. Within these Conditions of Sale, ‘Contemporary Leathers’ refers to Contemporary Leathers Pty Ltd, and the ‘Customer’ refers to the Purchaser / Applicant.

1.0 PAYMENT
1.1 Terms for Non Account (Cash Sale) Customers
A Customer will trade on a cash sale basis unless they have an existing commercial credit account. Orders should be placed as per below clause 2.0. A proforma invoice will be issued to obtain payment and products are reserved for 7-days.
All products must be paid in full and payment cleared prior to the products being dispatched. Contemporary Leathers offers the following payment options:

All products must be paid in full and payment cleared prior to the products being dispatched. Contemporary Leathers offers the following payment options:

1.1.1 Indent orders For Non Account (Cash Sale) Customers
Indent orders are imported and / or manufactured on the Customers behalf and as such can not be cancelled or altered in any way. An indent letter will be issued with the proforma invoice and a 50% deposit and return of signed indent letter is required to allow your order to proceed. Deposits of 50% for products to be backordered are accepted on the following conditions:

1.2 Applying for Commercial Credit Facilities
Prior Application Requirements
Contemporary Leathers requests that a Customer trade on a cash sale basis for 3-cash sale trades totalling $10,000 within the current 6-month period to establish a trading history before an account application can be issued. The Customer is required to submit with the account application their transaction history. Customers will be advised in writing the outcome of the account application as soon as possible.

1.3 Terms for Approved Accounts Customers
An indemnity is required for all commercial credit facilities. Accounts are payable within 30-days from date of statement. Overdue accounts are placed on stop at 35-days or at a time determined by Contemporary Leathers.

The Customer acknowledges that Instyle Contract Textiles Pty Ltd is a shareholder in Contemporary Leathers and supplies Contemporary Leathers with administrative services; therefore information will be shared between the companies. Further, if the Customer owes money to either Instyle Contract Textiles Pty Ltd or Contemporary Leathers, outside the stated terms of trade, orders will not be processed for either Instyle Contract Textiles Pty Ltd or Contemporary Leathers until full payment is received for both companies.

Accounts are charged at time of despatch and invoices are not to be rolled if delivery falls outside the month charged. The Customer acknowledges that overdue accounts will incur an interest charge for the overdue period after the 35-day due date. The interest charge will be calculated at the following rate: (Debt x 0.101% x Over due days / 365). If terms are not being met Contemporary Leathers reserves the right to revoke commercial credit facilities.

Account names are checked on a regular basis and as such we may require documents to be re-signed if the name differs from that on the credit application. All business names and trading/as names must be registered. Notification in writing is requested prior to any name change of accounts. The Customer further acknowledges that they shall be liable for the cost to Contemporary Leathers of collecting or attempting to collect outstanding monies, including commissions paid to agents and legal fees.
Any breach of these terms will result in credit facilities being revoked.

2.0 ORDERING PROCEDURES (both cash sale and account customers)
Orders may be placed via email refer esales@contemporaryleathers.com.au, or via fax on 61(2) 9317 0244. When placing orders quote:

2.1 Minimum Order Quantity
As leather is a natural product, it is supplied by the full hide only. Hide sizes will vary and orders will be fulfilled with varying sizes. Every effort will be made to supply orders as close as possible to the minimum metreage indicated on the Customer order however Contemporary Leathers reserves the right to deviate from the quantity ordered up to the next full hide size(s).

2.2 Colour Matching
Due to the nature of the product supplied, it is not always possible to obtain an exact colour match with sample presentations. Although every effort is made to ensure colours correspond to those illustrated in the sample presentations, these are an indication of colour only and variations occur between batches and/or deliveries. Should a close colour match be required it is recommended that a cutting from stock be requested for the Customer's approval. In the case of repeat orders, the Customer must submit with each new order a cutting from a previous order and quote the batch number which will assist in colour matching. Even then colour variations may still occur.

2.3 Reservation of Products
Generally reserves on products by special request are held for a period of 7-days only after which are automatically deleted from our system. If reserves for a particular project are required for a longer period, advise of this requirement when placing your reserve. When ordering for a particular project it is helpful to advise the project so that where a specific reserve has been placed for that particular project, products reserved may be released in satisfaction of the order.

3.0 PRICING STRUCTURE
In most instances two prices are quoted for each product. The price structure applies as follows:

3.1 Freight
Account Customers: A delivery charge per delivery address of $25, for delivery within the metropolitan areas of the capital cities (except Darwin), will apply. Refer to the ‘Delivery Destinations and Applicable Freight Charges’ tab on the Contemporary Leathers web page.

Any deliveries to Darwin, outside metropolitan areas of capital cities and cash sales customers will pay delivery charges at the nominated rates. The quoted prices are exclusive of G.S.T.

Freight charges apply for all orders. If your order has more than one destination a charge will apply for each.

3.2 Price Changes
Every endeavour will be made to maintain prices at the levels shown in the price list. However, owing to the numerous variables beyond Contemporary Leathers control, prices are subject to change without notice.

Quoted prices shall be valid for one month only, unless otherwise agreed by Contemporary Leathers in writing. A copy of the quote should be forwarded with your official purchase order to ensure agreed pricing is charged.

4.0 DELIVERY
The Customer acknowledges that the capacity of Contemporary Leathers to deliver products is subject to external factors, persons and entities beyond the control of Contemporary Leathers or over whom or which Contemporary Leathers has no control. Where a time of delivery is estimated by Contemporary Leathers or an order specifying a time for delivery is accepted by Contemporary Leathers, the Customer further acknowledges that the estimate is given or the order is accepted subject to the aforesaid limitation. Contemporary Leathers and the Customer agree that in all circumstances the time for delivery of the products to the Customer is not essential, and without limiting the effect of any other provision of these Conditions of Sale, in no circumstances shall Contemporary Leathers be liable for any consequential damages suffered by the Customer for late delivery.

5.0 INSPECTION OF PRODUCTS ON DELIVERY
5.1 Check all Products
It is important that the Receiver check on arrival and before cutting that:

5.2 Alteration or Cancellation of Orders
All reasonable requests for changes will be accommodated where possible:

5.3 Return of Products
No return will be accepted without prior written approval from Contemporary Leathers. Unless there is a problem with the product i.e. defects, or error on Contemporary Leathers behalf the Customer is liable for the cost of return shipment of the product to Contemporary Leathers Sydney warehouse and subject to a cancellation / restocking fee of $50 plus G.S.T. for products under $350.00 in value (ex G.S.T) or 15% of invoice amount for products over $350 in value (ex G.S.T). If a return is requested outside of the specified return period (as below) a 25% restocking fee is applicable, subject to approval of the return by Contemporary Leathers.

A return can only be accepted under the following circumstances:

5.4 Seven Days Reasonable & Sufficient For Examination
The Customer acknowledges that a period of 7-days after the date of delivery of the product is a reasonable and sufficient period within which to examine the products for all purposes.

6.0 CLAIMS
6.1 Procedure for Claims to Be Strictly Complied With
The Customer must notify Contemporary Leathers in writing if the products are defective in whole or in part:

6.2 Quality
All quotations are without guarantee, expressed or implied that the products will be suitable for a specific purpose although such purpose may be known to Contemporary Leathers. Nor is any guarantee given by Contemporary Leathers as to the performance of any products supplied hereunder. The Customer acknowledges that the products are manufactured from natural materials and variations may occur from one hide to another and within individual hides and natural imperfections such as scarring will occur. Contemporary Leathers will not be liable for any naturally occurring colour variations and/or imperfections after the products have been cut, marked or used in any other way. The Customer accepts that all products purchased are supplied as “run of production” and are not individually selected unless specifically stated on the Customers official order form. If the Customer requires any products to be individually selected and to be suitable for a particular purpose, Contemporary Leathers must be notified in writing on the order form stating the requirement and also of the purpose for which the products are to be used. Notwithstanding any such notification the Customer acknowledges that variations in the material substances from which products are manufactured preclude any warranty that all products supplied will be fit for the purpose notified. Any samples shown to the Customer are intended to indicate the general colour only and all agreements are entered into without guarantee expressed or implied that the products delivered will colour match with the samples.

6.3 Limitation of Liability
Where Contemporary Leathers is in breach of any term, warranty or condition, whether contained in these Conditions of Sale or implied by statute, law or otherwise and which has not been excluded from these Conditions of Sale, the Customer acknowledges and agrees that Contemporary Leathers liability for damages shall be limited to whichever of the following Contemporary Leathers, at it’s sole discretion, decides:

IMPORTANT - Notwithstanding, to the extent lawfully permitted, Contemporary Leathers liability is further limited to a sum not exceeding the invoice price of the products, and the Customer acknowledges that all products are supplied on this basis.

6.4 Contemporary Leathers Not Liable For Consequential Damages
The Customer further acknowledges and agrees that in no circumstances shall Contemporary Leathers be liable for any consequential losses or damages suffered or incurred by the Customer as a consequence of a breach by Contemporary Leathers of any term or condition on its part to be performed or of any warranty notwithstanding that Contemporary Leathers may
have been given notice by the Customer of the prospective consequential losses or damages the Customer may suffer or incur as a consequence of such breach.

7.0 WARRANTIES, REPRESENTATIONS, FITNESS
7.1 Exclusion of Implied Terms Etc
To the fullest extent lawfully permitted and so that this provision is not rendered void, all terms, warranties, conditions or liabilities implied or imposed by statute, law or otherwise are hereby negated and/ or excluded.

7.2 No Warranties Etc Given by Contemporary Leathers Pty Ltd
The Customer acknowledges that without limiting the effect of any other provision of these conditions, Contemporary Leathers does not warrant:

8.0 RISK & TITLE
8.1 Risk
The risk in the products shall pass to the Customer upon delivery to the Customer or to any carrier or agent acting on the Customer's behalf. For the purpose of this provision, when Contemporary Leathers has agreed to deliver the products to the premises of the Customer, its carrier or agent, as the case may be, delivery shall be deemed to have been effected upon the entry of the carrier onto such premises and thereafter the products shall be at the Customer's risk, including without limitation during the off-loading of the products from Contemporary Leathers carrier. Or in the event of the products being picked up from the premises of Contemporary Leathers, the risk in the products shall pass to the Customer on leaving the premises of Contemporary Leathers.

8.2 Property / Ownership
Property in the products shall not pass to the Customer until full payment has been received by Contemporary Leathers. The Customer agrees that Contemporary Leathers is authorised to enter the Customer's premises and repossess the products (or any Contemporary Leathers products in lieu, even if previously paid for) if the Customer fails to comply with the terms of payment. Until property in the products passes the Customer shall:

9.0 MISCELLANEOUS
9.1 Customer's Warranty
The Customer warrants that performance by Contemporary Leathers pursuant to an order placed by the Customer will not infringe any registered trade mark or design and undertakes to indemnify and keep indemnified Contemporary Leathers against all claims, demands, actions proceedings, liabilities, losses and expenses for actual or alleged infringement.

9.2 No Waiver
Any time or other indulgence granted to the Customer shall not affect Contemporary Leathers strict rights except to the extent to which Contemporary Leathers expressly waives such rights in writing but no waiver in respect of any breach shall affect Contemporary Leathers strict rights in respect of any other breach by the Customer.

9.3 Legal Action
Should it be required, all costs shall be added to the debt incurred and shall be paid in full by the Customer.
Jurisdiction, any contract for the supply of products, made between Contemporary Leathers and the Customer shall be governed by and construed in accordance with the laws from time to time in force in N.S.W. & Contemporary Leathers and the Customer hereby submit to the non-exclusive jurisdiction of the courts of N.S.W.

The Customer acknowledges that Contemporary Leathers shall be entitled to charge interest on overdue accounts at the sum equal to the interest calculated daily on the amount outstanding from time to time at the rate/s set out in Schedule J to the NSW Supreme Court Rules 1970: and the sum equal to the costs (including without limitation legal costs on a common fund basis) incurred by Contemporary Leathers in attempting to recover the amount due.

9.4 Retention of Title