General

The whole of the Agreement between Lowes Manhattan Pty Ltd ABN 31 000 307 666 and the purchaser of all goods ordered and purchased are those set out in these Terms and Conditions as amended from time to time and those, if any which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the purchaser (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counteroffer.

By using the Site & Service, the purchaser shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others. All Goods are charged at the price ruling at the date of invoice and any Goods and Services Tax within the meaning of the A New Tax.

Glossary (Definitions)

The “Supplier” means Lowes Manhattan Pty Ltd ABN 31 000 307 666

“Purchaser” means the person (the word “person” is deemed to include a corporation) ordering the goods which are the subject of this contract and any future contract that may be entered into by the same Purchaser with the Supplier.

“Goods” means the goods supplied by the Supplier pursuant to any order by a Purchaser.

“Services” means the services supplied to order, dispatch and deliver the goods ordered by the Purchaser.

“The Price” includes but need not be limited to, the purchase price for the goods, the delivery and freight charges, the GST payable in respect of the supply of the Goods and extra packaging charges if any.

“MOQ” Minimum Order Quantities

“GST” means the Goods and Services Tax payable in respect of the supply of the Goods made by the Supplier to the Purchaser from time to time.

“Terms” Obligations inclusive in this document.

“Site” means the Lowes Industry Uniforms website

“Lowes Industry Uniforms” refers to a department of Lowes Manhattan Pty Ltd

“Basic product” refers to “off the shelf” product.

“Customer Product” refers to a bespoke product produced for the purchaser including wholesale garments made to order or basic stock that has been upgraded with embellishments.

Payment Terms

Payment MUST be made by the Purchaser to Lowes Manhattan Pty Ltd for all goods before the finalisation of the order, unless Lowes Manhattan Pty Ltd decides otherwise at its absolute and unfettered discretion.

Goods dispatched to the Purchaser without prior payment and after a credit account has been opened for the Purchaser by Lowes Manhattan Pty Ltd (the terms and conditions of that account determined at the absolute and unfettered discretion of the Supplier) Lowes Manhattan Pty Ltd will dispatch orders only on the basis that payment will be received by the Supplier within the period provided for by the terms and conditions of that credit account and upon receipt by the Purchaser (or its nominated third party) of the goods.

Any costs incurred in the collection of an outstanding account including commission, legal expenses and other incidentals will be added to the outstanding account and purchaser will be held liable for all these costs.

For changes, alterations, quantities and any variations after initial order; surcharges may apply. Multiple changes to designs may incur a surcharge. This is at the absolute discretion of the supplier. Charges may apply for design and set - up based on minimums.

Additional freight charges may apply for expediting shipments.

Artwork Policy

By placing an order on the Lowes Industry website, the purchaser agrees that they own or have authorisation to use the submitted artwork, logo, or text.

Lowes Manhattan Pty Ltd reserves the right to reject any order that infringes, or is likely to infringe, the intellectual property Rights, of any person or organisation.

Lowes Manhattan Pty Ltd reserves the right to reject any order containing imagery or text deemed to be:

• Offensive,
• Libellous; or
• Discriminatory

Delivery & Supply

Any times quoted for delivery are estimates only and Lowes Manhattan Pty Ltd shall not be liable for failure to deliver, or for any delay in delivery. The purchaser shall not be relieved of any obligation to accept or pay for any goods, by reason of any delay in delivery or dispatch. Lowes Manhattan Pty Ltd reserves the right to stop supply at any time if the purchaser fails to comply with the Terms.

Full or partial orders that may be delayed will be communicated to the purchaser.

Property

Until full payment has been made for all goods supplied by Lowes Manhattan Pty Ltd under these Terms (“Goods”) and any other sums in any way outstanding from the purchaser to Lowes Manhattan Pty Ltd from time to time:

All sums outstanding become immediately due and payable by the purchaser to Lowes Manhattan Pty Ltd if the purchaser makes a default in paying any other sums due to Lowes Manhattan Pty Ltd, becomes bankrupt, or commits any act of bankruptcy, compounds with other creditors, has judgement entered against it in any court or being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.

The property in the Goods shall not pass to the purchaser and the purchaser shall hold the Goods as Bailee for Lowes Manhattan Pty Ltd (returning the same to Lowes Manhattan Pty Ltd on request). The Goods shall nevertheless be at the risk of the purchaser from the time of delivery.

Intellectual Property

This website is owned and operated by Lowes Manhattan Pty Ltd, 240 – 242 Princes Highway Arncliffe NSW 2205. All design and content featured on www.Lowes.com.au - including images, artwork, graphics, photography, and the like - are copyrights, trademarks, and/or intellectual property that are owned, controlled, or licensed by Lowes Manhattan Pty Ltd. The content of our website is intended solely for your personal use. Any use of our website and its content for commercial purposes is prohibited without the prior written permission of Lowes Manhattan Pty Ltd. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from www.Lowes.com.au without permission. You may, however, download or electronically copy and print any of the page contents displayed on the site, for your personal use only.

Inaccuracies

We endeavour to present the most recent, accurate, and reliable information on the Lowes Manhattan website always. However, there may be occasions when some of the information featured on www.Lowes.com.au may contain data errors. Any errors are wholly unintentional, and we apologise if erroneous information in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. If a product is listed at an incorrect price Lowes Manhattan Pty Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of colour will be accurate.

Privacy

Lowes Manhattan Pty Ltd do not sell, rent, or trade your name and details to any third parties. 'Cookies' and/or similar technology is built into our systems to keep statistics on how many visitors read specific pages and details on times and dates of visits and time taken to view pages to improve our site. We do not use this technology to collect personal details. We use an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

Cancellations

• Lowes Manhattan Pty Ltd will not accept a full or partial cancellation of an order once the production process has begun on custom products.
• If basic stock has been ordered and dispatched from our suppliers a restocking fee of $30 or 10% (whichever is greater) per brand/label; will be applied.
• If an order is cancelled before production has begun; but after a logo has been setup the setup fee will not be refunded.

Lost, Incomplete or Damaged Shipments

All complaints, claims or notifications of lost goods, incomplete goods, or goods damaged in transit must be submitted by the purchaser to Lowes Manhattan Pty Ltd in writing within two (2) days of the date of receipt. Otherwise, the purchaser shall be deemed to have accepted the goods and shall not refuse to pay for the goods on the basis that they were lost, incomplete, or damaged in transit.

Subject to approval of the return of goods because you may have changed your mind, or made the wrong choice, any freight / postage costs are solely at the customer’s expense.

Notification

The Purchaser must notify Lowes Manhattan Pty Ltd in writing within seven (7) days of:

• Any alteration of the name or ownership of the Purchaser.
• The issue of any legal proceedings against the Purchaser.
• The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Purchaser.
• Any change in the ownership of the business name of the Purchaser. The Purchaser agrees that it shall be liable to Lowes Manhattan Pty Ltd for all Goods supplied to the new owner by Lowes Manhattan until notice of any such change.

Warranties

No warranties except those implied and which cannot be excluded by law are given by Lowes Manhattan Pty Ltd in respect of the Goods or Services supplied. Where it is lawful to do so the liability of Lowes Manhattan Pty Ltd for a breach of condition or warranty is limited to the repair or replacement of the goods, the supply of equivalent goods, the payment of the cost of repairing or the replacing of the goods or the acquiring of equivalent goods, the supplying of the services again or the payment of the cost of having the services supplied again as determined by Lowes Manhattan Pty Ltd.

Returns General

All returns for return/exchange must be authorised in writing by the Supplier prior to return.

Basic Products

Returns due to change of mind or incorrect sizing selection can be exchanged/returned. However:-

• A $30 or 10% (whichever is greater) per brand/label restocking fee is applicable.
• Request for return/exchange must be made within seven (7) business days of receipt.
• Items returned must be “as new” i.e.
• Unworn,
• Unwashed,
• Original tags and labels attached &
• In original packaging.

Lowes Manhattan Pty Ltd reserves the right to reject returns if the goods are returned in a soiled, worn or an unsalable condition on receipt.

The cost of return and re-shipment will be at the expense of the purchaser.

Custom Products

Lowes Manhattan Pty Ltd will not accept “change of mind” returns on custom products.

Lowes Manhattan Pty Ltd will only accept returns on upgraded/branded products, where: -

• the basic product is materially flawed.
• the quality of the decorating (i.e., the printing quality) is below a reasonable range of expectations; or
• the design of the final product is materially different from the final design submitted by the customer.

Our returns policy is in addition to your rights under the Australian Consumer Law