Event Gear Logo

Terms and Conditions of Sale

  1. Definitions
    1. “Event Gear” means Event Gear Pty Ltd.
    2. “Customer” means the person/s buying the Goods as specified in any invoice, document, or order, and if there is more than one Customer, is a reference to each Customer jointly and severally.
    3. “Goods” means all Goods or Services supplied by Event Gear to the Customer’s request. From time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
  2. Quotations and Orders
    1. All quotes are valid for 30 days unless otherwise specified.
    2. Orders are considered confirmed once a deposit or full payment has been received.
    3. Event Gear reserves the right to decline or cancel any order at its discretion.
  3. Pricing and Payment
    1. All prices are in AUD and exclusive of GST unless stated otherwise.
    2. For cash account holders, payment is required in full before production or dispatch of Goods, unless otherwise agreed in writing.
    3. For approved credit account holders, payment is strictly net 30 days from date of invoice. If payment is not received within 30 days, we may:
      1. Apply a late payment fee of 2.5% plus GST, calculated daily and compounded monthly from the due date on all overdue amounts.
      2. Initiate legal action to recover the amount owed.
      3. Recover all collection costs and expenses incurred in collecting overdue accounts.
      4. Charge a dishonour handling fee. This will be the greater of $20 plus GST or 10% plus GST of the overdue amount (up to a maximum of $200 plus GST) and will be immediately payable.
      5. Suspend or cancel any further supply of Goods without notice.
    4. We accept bank transfers, Visa/Mastercard (1.4% surcharge), and AMEX (2% surcharge).
    5. Orders will not proceed until payment has cleared.
    6. Event Gear may vary any prices prior to delivery without notice to the Customer
  4. Title
    1. Title and ownership of the Goods shall not pass to the Customer until:

      a) The Customer has paid Event Gear all amounts owing for the Goods in full; and

      b) The Customer has met all other obligations to Event Gear.
    2. Receipt by Event Gear of any form of payment other than cash shall not be deemed to constitute payment until the funds have been honoured, cleared, or recognised.
    3. Until title in the Goods passes to the Customer in accordance with clause 4.1, the Customer agrees and acknowledges that:

      a) The Customer is only a bailee of the Goods and must return them to Event Gear on request;

      b) The Customer holds the benefit of any insurance of the Goods on trust for Event Gear and must pay to Event Gear the proceeds of any insurance if the Goods are lost, damaged or destroyed;

      c) The Customer must not sell, dispose of, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer does so, the proceeds from such transactions must be held in trust for Event Gear and paid to Event Gear on demand;

      d) The Customer must not convert or process the Goods or intermix them with other goods. If this occurs, the resulting product is held on trust for Event Gear and must be dealt with as directed by Event Gear;

      e) The Customer must not create or allow any charge, lien or encumbrance over the Goods while they remain the property of Event Gear.
    4. If the Customer is in default of payment while title has not yet passed:

      a) The Customer irrevocably authorises Event Gear to enter any premises where the Goods are located to recover possession of the Goods;

      b) Event Gear may recover possession of any Goods in transit, regardless of whether delivery has occurred;

      c) Event Gear may commence legal proceedings to recover the price of the Goods sold, even if ownership has not yet passed to the Customer.
  5. Lead Times and Production
    1. Lead times are estimates and may vary. Event Gear will communicate any changes as early as possible.
    2. Custom jobs will not commence until all required information, approvals, and payments have been received.
  6. Shipping and Delivery
    1. Shipping costs are quoted separately and are the responsibility of the Customer unless otherwise stated.
    2. Event Gear is not liable for loss or damage once Goods leave our premises except as required by the Australian Consumer Law.
    3. Any delivery times made known to the Customer are estimates only.
    4. Event Gear shall not be liable for late delivery or non-delivery including for any loss, damage or delay occasioned to the Customer or its Customers arising from late or non-delivery of the Goods except as required by the Australian Consumer Law.
    5. The Goods may be delivered in installments, and each delivery shall be regarded as a separate contract.
    6. Event Gear may refuse to deliver Goods to the Customer where the Customer is overdue on any payment owing to Event Gear.
    7. Customers are responsible for inspecting Goods upon delivery and notifying Event Gear within 48 hours of any damage or issues.
  7. Custom Products
    1. Custom items are made to order and are non-refundable.
    2. Event Gear is not responsible for incorrect specifications or measurements supplied by the Customer.
    3. Design approvals (where applicable) must be confirmed in writing before production begins.
  8. Specifications of the Goods
    1. All descriptive specifications, illustrations, drawings, data, dimensions and weights provided in Event Gear’s brochures, price lists, technical documents, or advertising materials are approximate and for general guidance only.
    2. Such information does not form part of any contract unless expressly confirmed in writing by Event Gear as part of the agreed specifications.
    3. The Customer acknowledges that reliance on any such descriptive material does not constitute a sale by description unless expressly agreed otherwise.
  9. Returns, Refunds and Cancellations
    1. No returns are accepted custom products.
    2. For stock items, returns are accepted within 14 days of delivery, in delivery, in original and packaging. A restocking fee may apply.
    3. Cancellations may incur charges depending on how far production has progressed.
  10. Warranty
    1. Event Gear custom road cases are backed by a 12-month workmanship warranty.
    2. Pelican cases come with the manufacturer’s limited lifetime warranty.
    3. Warranty does not cover misuse, wear and tear, or damage caused in transit.
    4. If the Goods fail to meet any Consumer Guarantee, the Customer will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law for such failure, to the extent that such rights and remedies cannot be lawfully excluded
  11. Limitation of Liability
    1. Event Gear’s liability is limited to the replacement or repair of faulty Goods.
    2. Event Gear is not liable for any indirect or consequential losses arising from the use or inability to use the Goods, except as required by law.
  12. Intellectual Property
    • All designs, drawings, renders, and case layouts remain the intellectual property of Event Gear unless agreed otherwise.
    • Logos and artwork provided for engraving must be owned or licensed by the Customer.
  13. Governing Law
    • These Terms are governed by the laws of New South Wales, Australia.
    • Any disputes will be subject to the jurisdiction of the courts of New South Wales.

 Unit 4, 12-18 Victoria Street East, Lidcombe NSW 2141

info@eventgear.com.au

+61 2 9189 5786

© Event Gear. All rights reserved.