Terms

Terms and Conditions – Silk Sponges | silksponges.com

These general terms and conditions govern all offers, sales, and deliveries made by Silk Sponges Pty Ltd ("Silk Sponges"). By placing an order with us, you agree to be bound by the following terms.

1. General

1.1 These terms apply exclusively to all dealings with Silk Sponges.
1.2 Any terms provided by the customer that differ from these are expressly rejected unless agreed to in writing.
1.3 If any clause in these terms is found to be invalid or unenforceable under Australian law, it will be replaced with a provision that comes closest to its intent. The remaining clauses remain fully enforceable.
1.4 In case of discrepancies between different language versions, the English version prevails.

2. Offers and Orders

2.1 All prices, quotes, and promotions from Silk Sponges are non-binding unless a fixed timeframe for acceptance is stated.
2.2 A sale is confirmed upon written order acknowledgment or when delivery of goods commences.
2.3 Commitments made by representatives of Silk Sponges are binding only if confirmed in writing.
2.4 Images, samples, and product specifications serve illustrative purposes. Variations within commercial norms are accepted. Colours correspond to CMYK printing standards.
2.5 Prices are listed in Australian dollars (AUD), excluding GST and shipping unless otherwise specified. Unless agreed, deliveries are Ex Works (Incoterms 2020).
2.6 Combined quotations do not bind Silk Sponges to fulfil partial orders proportionally.
2.7 Compliance with product-specific standards (e.g., ISO or CE) is assumed accepted by the customer.
2.8 If a confirmed order is cancelled, Silk Sponges reserves the right to charge for incurred costs, with a minimum cancellation fee of AUD $150.
2.9 Silk Sponges reserves the right to decline orders without providing reasons.

3. Delivery

3.1 Delivery timeframes are estimates only and not guaranteed deadlines. Delays do not entitle the buyer to cancel the order or seek compensation.
3.2 For customised orders, production timelines begin after customer approval of final design. Minor differences from approved mock-ups do not justify complaints.
3.3 If the customer fails to provide timely payment or required information, delivery may be suspended.
3.4 If the buyer defaults on payment, Silk Sponges may terminate the agreement and claim damages.
3.5 Deliveries may vary up to 10% from the ordered quantity. The invoiced amount will reflect this.
3.6 Delivery method is determined by Silk Sponges unless otherwise agreed in writing.
3.7 Goods are shipped at the customer’s risk. Unloading is the buyer’s responsibility.
3.8 We may adjust prices post-confirmation in line with increases in transport or material costs.
3.9 Unless stated otherwise, delivery takes place at the customer’s primary business location.

4. Customer Responsibility

4.1 Product descriptions provided are general information, not guarantees or quality representations.
4.2 Customers confirm that any data, artwork, or designs they provide are accurate, lawful, and do not infringe on third-party rights. They agree to indemnify Silk Sponges against any resulting claims.

5. Title Retention

5.1 All goods remain the property of Silk Sponges until full payment is received.
5.2 Goods must not be resold, pledged, or used as collateral before ownership transfers.
5.3 If third parties claim rights over these goods, customers must notify us immediately.
5.4 Customers grant Silk Sponges the right to access premises to recover goods in case of default.

6. Payment

6.1 Invoices are due within the stated terms. Late payments incur interest at 1% per month.
6.2 In case of late payment, all amounts become due immediately, including those not yet overdue.
6.3 The customer covers any legal or recovery costs incurred by Silk Sponges, with a minimum charge of AUD $50.
6.4 Payments are applied to costs first, then interest, and lastly to the outstanding balance.
6.5 Customers are not entitled to offset or withhold payments without written agreement.

7. Intellectual Property

7.1 All intellectual property relating to our products, except those supplied by the customer, belongs to Silk Sponges or its licensors.
7.2 Customers must notify us of any alleged infringements.
7.3 We do not verify third-party rights on client-supplied content and are not liable for any resulting disputes. Customers indemnify Silk Sponges in such cases.

8. Complaints

8.1 Customers must inspect goods on receipt and report any issues within 7 days.
8.2 Failure to report in time may void the right to repair, replacement, or refund.
8.3 Confirmed faulty goods will be repaired, replaced, or refunded at Silk Sponges’ discretion.
8.4 Warranties do not apply where goods have been misused, altered without consent, or used contrary to instructions.
8.5 Issues with part of the delivery do not affect payment obligations for the remainder.

9. Liability

9.1 Silk Sponges’ liability is limited to direct damage only.
9.2 We are not responsible for indirect or consequential losses, including loss of profit.
9.3 Our liability is capped at the invoiced amount or insured value, whichever is less.
9.4 Claims must be made within six months of discovery.
9.5 These limitations do not apply to cases of gross negligence or wilful misconduct.
9.6 Customers indemnify Silk Sponges from third-party claims arising from the customer’s use of our products or breach of contract.
9.7 No claims may be made against individual Silk Sponges employees or contractors.

10. Other Conditions

10.1 Silk Sponges may refer to customers publicly as part of our portfolio unless otherwise agreed.
10.2 Long-term supply agreements must be in writing. Either party may terminate with two months’ notice.
10.3 In the event of a recall, the customer agrees to fully cooperate. Reasonable out-of-pocket expenses (excluding internal costs) will be reimbursed.

11. Governing Law and Disputes

11.1 These terms are governed by the laws of Victoria, Australia.
11.2 Disputes will be resolved by the courts of Victoria unless otherwise required by law.