Unless otherwise agreed in writing between Dynamic Sports and Leisure Pty Ltd and the Customer, the Customer agrees to pay all moneys due to Dynamic Sports and Leisure within 30 days of the date of Dynamic Sports and Leisure’ statement. If payments are not made on time, Dynamic Sports and Leisure may refuse to supply any further goods.
Dynamic Sports and Leisure may from time to time place a limit on the amount of credit available to the customer.
The customer will indemnify Dynamic Sports and Leisure against all costs and expenses incurred by Dynamic Sports and Leisure in recovering or attempting to recover money owed by the customer to Dynamic Sports and Leisure including any fees, charges, disbursements or commissions charged by any mercantile agency or debt collecting firm.
Reservation of Title and Dynamic Sports and Leisure’ Continuing Rights
All goods supplied by Dynamic Sports and Leisure to the Customer shall remain the sole and absolute property of Dynamic Sports and Leisure and shall not pass to the Customer until the Customer has paid to Dynamic Sports and Leisure all money due in respect of the goods and all other goods supplied by Dynamic Sports and Leisure to the Customer BUT shall be at the Customer’s risk from the time of delivery to the Customer.
The Customer acknowledges that, until ownership of the supplied goods passes to the Customer in accordance with clause 1 above, the Customer is in possession of all such goods as bailee and owes fiduciary obligations to Dynamic Sports and Leisure in respect of the goods.
Until delivery to a purchaser, the Customer undertakes to store all such goods on its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as Dynamic Sports and Leisure’ goods.
Dynamic Sports and Leisure is entitled to immediately recover possession of all or any of its goods supplied to the Customer and to enter the Customer’s premises to conduct a stocktake and remove all such goods or any of them if:
the Customer has not paid Dynamic Sports and Leisure by the due date for all such goods or any of them; or
the Customer is subject to any form of external administration (whether by a receiver, administrator, liquidator or otherwise).
Dynamic Sports and Leisure may for the purpose of examination or recovery of its goods enter upon any premises where the goods are reasonably thought to be stored.
Without limiting clause 4 or 5 above, after giving 24 hours notice to the Customer, Dynamic Sports and Leisure will be entitled (by its employees and/or agents) to enter upon the Customer’s premises between 9:00 am and 5:00 pm on all days when those premises would ordinarily be open to the public to inspect its goods, take stock and verify invoices and delivery dockets.
Notwithstanding clauses 1 to 2 above, the Customer may sell and deliver all goods supplied by Dynamic Sports and Leisure in the ordinary course of the Customer’s business provided that:
where the Customer has been paid by its purchaser(s) for all or any part of all such goods without Dynamic Sports and Leisure having been paid for them the Customer holds that part of the proceeds of sale equal to the amount owing to Dynamic Sports and Leisure on trust for Dynamic Sports and Leisure from the time of receipt of such proceeds; and
where the Customer has not been paid by its purchaser(s), and Dynamic Sports and Leisure has not been paid by the Customer for goods pursuant to these terms of trade, the Customer agrees, at the option of Dynamic Sports and Leisure to be given by notice in writing, to assign its claim against its purchaser(s) to Dynamic Sports and Leisure and to notify the customer in writing of such assignment.
The authority granted pursuant to clause 7 above to sell goods in the ordinary course of the Customer’s business is only for sales where immediate payment is made to the Customer by cash, cheque with cleared funds or credit card.
Dynamic Sports and Leisure Approval Required for Credit:
Dynamic Sports and Leisure will only offer credit terms once a completed official Dynamic Sports and Leisure “Trading Account Application” has been completed and subsequently approved by Dynamic Sports and together with any other documentation required by Dynamic Sports and Leisure, such as a personal guarantee or other surety. The provision of such approval does not bind Dynamic Sports and Leisure to accept any orders from the Customer. Order approvals remain at all times at Dynamic Sports and Leisure discretion.
Approval is based on the nominated retail outlet in the Trading Account Application. Any subsequent store locations must also be approved in writing by Dynamic Sports and Leisure
Dynamic Sports and Leisure may in its sole discretion cancel or suspend the Trading Account facility provided to the Customer.
In the event that Dynamic Sports and Leisure cancels or suspends the Trading Account facility of the Customer, Dynamic Sports and Leisure will not be liable to the Customer for any loss or damage which may result directly or indirectly from such cancellation or suspension.
Sourcing and Distribution of Goods
The Customer agrees that:
The Customer must not source Dynamic goods other than from Dynamic Sports and Leisure.
Dynamic goods may only be resold by the Customer to consumers from the nominated retail outlet(s) approved by Dynamic Sports and Leisure and at retail level. Dynamic goods may not be resold by the Customer at wholesale level or to any other person or entity that is known or suspected to be purchasing for resale.
Dynamic Sports and Leisure reserves the right to withhold supply from any Customer who sells or offers to sell Dynamic goods to, or purchases Dynamic goods from, non-approved retail outlets.
Sale or advertising of Dynamic goods through the internet is prohibited unless the prior written consent is provided by Dynamic pursuant to paragraph 2 below.
Dynamic’ trade marks and the goodwill attached to them are the exclusive property of Dynamic and no right, title or interest therein is transferred by this agreement to the Customer and any use of such trade marks on store signage or otherwise by the Customer is subject to Dynamic ’ prior approval.
Dynamic reserves its rights to authorise sales through the internet and the Customer must seek authorisation from Dynamic prior to selling or advertising Dynamic goods through the internet. The Customer acknowledges and agrees that:
Dynamic seeks to present its goods in a manner that is consistent with its overall commercial policies and intends to protect the interests of those who invest in this sales platform by restricting authorisation to those who meet Dynamic commercial criteria;
Approval for internet distribution remains at Dynamic’ discretion and must be approved in writing;
If approval is granted, the Customer must follow Dynamic’ internet policy and guidelines for internet sales which will be made available on request.
Price
Prices are subject to change without notice and goods will be invoiced at the applicable price at the date of acceptance of orders. Unless otherwise stated prices are exclusive of GST which must be paid by the Customer to Dynamic Sports and Leisure.
Any references to retail prices are recommendations only.
Cancellation
The Customer may not cancel an order without Dynamic Sports and Leisure’ written approval. The Customer must seek Dynamic Sports and Leisure’ approval for the cancellation of an order by giving Dynamic Sports and Leisure at least one month notice in writing. The cancellation of orders remains at Dynamic Sports and Leisure’ sole discretion.
Shipping
Dynamic Sports try and use the most economical carrier taking in to consideration delivery times and carrier suitability.
Orders received prior to 2pm will be shipped in most cases next business day but maybe up to 2 business days.
Orders received after 2pm will be shipped in most cases within 2 business days.
If delivery can not be scheduled within 2 business days a representative will be in contact to discuss a suitable outcome.
Delivery times vary and are out of the control of Dynamic Sports & Fitness. Delivery times depend on destination postcode as well as the types of products that are being shipped. Other external factors may also impact on delivery times.
Return of Product
A Return Authority must be obtained before returning any product to Dyamic Sports and Leisure.
A Return Authority can be requested via the contact form on our website.
All claims must be fully documented quoting the respective Dynamic Sports and Leisure invoice number, the style and colour codes of the goods and the quantities.
All claims will be subject to investigation before a decision is made. Any rejections by Dynamic Sports and Leisure will be notified in writing with Dynamic Sports and Leisure decision as to validity of the claim being final.
All faulty claims are subject to inspection and approval upon receipt of item by Claims Manager before any recompense can be made. All rejected faulty claims will be returned to customer at Dynamic Sports and Leisure expense.
For unauthorised returns, customer will be charged a re-stocking fee of 10% of the value of the returned product.
Unauthorised returns may be returned to the Customer at the Customer’s expense.
In respect of all claims (for short delivery, non-delivery or incorrect pricing), the customer must advise Dynamic Sports and Leisure in writing within 14 days from invoice date.
Severance
Dynamic Sports and Leisure and the Customer agree that:
all the provisions of these Terms of Trade are reasonable in all the circumstances and that each provision is and will be deemed to be severable and independent; and
if any provision hereof is found by any Court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and the invalid, illegal or unenforceable provision shall be severed from this document, it being the intention of the parties that had they known that any such provision would be invalid, illegal or unenforceable in any respect, they would have agreed upon and accepted the remaining Terms of Trade hereof.
