General Terms & Conditions Of Trade

To the fullest extent legally permissible all dealings between the Customer and Custom Gear (ABN: 36 137 697 146 | Return On PTY LTD) (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as Custom Gear and/or otherwise relating to any goods and/or services [the ‘goods and/or the services’] are subject to the following terms and conditions [‘these Terms’] unless otherwise expressly agreed in writing.

1. BUSINESS DETAILS: Our office hours are: Monday through Friday, 9 AM to 6.00 PM AEST. We are closed all state and national public holidays. Sales and order enquiries phone: 1300 247 766. Email: [email protected]

2. PAYMENT: Non Account Holders - Payment Terms are On Invoice in Full as all goods are perishable once decorated - Payment must be made prior to production and upon approval of the Formal quote / Order Form. Credit accounts may be applied after 5 production orders (sample orders are not included). All credit account applications will be subject to our approval. Account Holders - Strictly Net 30 days from invoice date, if credit status granted. Overdue Accounts - Accounts exceeding 15 days past due date will have credit suspended and will be notified accordingly. New Orders will not be processed until outstanding amounts are received. Accounts exceeding 30 days past due date will result in account being passed onto our debt collection agency. All legal, recovery and collection fees will be incurred by and invoiced to the account holder. Exceptions - We reserve the right to request a deposit up to 60% of total order value on orders over $10,000, and on all indent (off shore) orders. If applicable, this will be specified on quotation of product. Interest: may be payable on all overdue accounts at the rate of 3% per month and such interest in recoverable as a liquidated debt.

3. PAYMENT OPTIONS: Shall be made by cheque, bank cheque, electronic funds transfer or credit card (MasterCard & visa only), and within the credit period stipulated on each invoice or statement. b) The Customer agrees to pay a 3% surcharge on all credit card payments accepted by Custom Gear. Credit Cards - We accept MasterCard and Visa Card payments attract a 3% fee to offset Merchant Service fees and administration. This fee will be automatically applied to the invoice total once payment authorisation has been received. An amended invoice will be forwarded for your records. Please note that a receipt is available upon request. Cheque Payments - can be made payable to Custom Gear or Return On PTY LTD & mailed to: Accounts Payable Custom Gear, PO Box 28, Leichhardt NSW 2040. Electronic Payments - can be made via direct deposit. Please remit to: - Account Name: Return On PTY LTD, BSB: 062 193, Account No: 1032 1412. Please email remittance advice to [email protected].

4. PROPERTY: a) Property in goods shall not pass until Custom Gear received payment in full of all monies owed by Customer. b) Custom Gear reserves the right to take possession and dispose of goods as it sees fit at any time until full payment is made. The Customer grants permission to Custom Gear to enter any property where any goods are stored as necessary. c) Immediately on delivery the Customer accepts liability for the safe custody of goods and indemnifies Custom Gear for any related losses. d) Until payment in full the Customer agrees: (i) to keep all goods unpaid for as fiduciary for Custom Gear and to store all goods in a manner which shows Custom Gear as owner; (ii) to only sell goods in the usual course of its business on the basis that all proceeds are held in trust for Custom Gear; and (iii) that sale on terms, for less than cost or to any related entity of the Customer shall not be "in the usual course". f) Without derogating from any rights of Custom Gear as a creditor of the Customer or any rights of Custom Gear under these Terms, if goods are used in any construction, fabrication, manufacturing and/or other process ["the Process"] which results in an entitlement of the Customer to receive money from any other person the Customer agrees to hold such part of any monies received by the Customer (or the corresponding book debt owed to the Customer in respect of the entitlement to receive those monies) as is equivalent to the value of any goods used in the Process as invoiced to the Customer by Custom Gear UPON TRUST for Custom Gear until payment in full for those goods and all monies owed to Custom Gear. g) Nothing in this clause is intended to create a charge and this clause shall be read down to the extent necessary to avoid creating any charge. h) The Customer agrees that a certificate purporting be signed by an officer of Custom Gear identifying goods as "unpaid for" shall be conclusive evidence of each fact stated therein.

5. SAMPLES: All sample orders are to be paid “prior to dispatch”. Credit account holders may request the invoice be applied to their credit account, in accordance with their approved trading terms (refer to Payment Terms). SALES UNDER $5,000 - Companies with purchases totalling less than $5000 for the last 12 months, all Samples and Freight charges will be invoiced accordingly as incurred. Samples will be invoiced at our lowest unit quantity rate plus 10% GST and freight charges. Companies with purchases totalling more than $15,000 for the last 12 months, samples to the value of $20.00 per order will be supplied free of charge. Samples will be invoiced at our lowest unit quantity rate plus 10% GST and freight charges. SAMPLE FREIGHT CHARGES - Please nominate your preferred freight option when submitting your order. If a freight method isn't nominated, samples will be sent via road freight service & charged accordingly.

6. LIMITATION OF LIABILITY: a) The Customer agrees to limit any claim in respect of goods or services to, at the election of Custom Gear, replacement or repair of goods, or the cost of replacement or repair of goods or supply of equivalent goods or resupply of the services. b) Custom Gear shall not be liable for: (i) any claim, loss or expense arising which is made after 7 days from the date of delivery of goods and/or services (or at all once goods have been unpacked, or otherwise used, applied, installed or disposed of) after which there shall be deemed to have been unqualified acceptance; (ii) any loss and/or damage in respect of any property and/or premises; (iii) any consequential loss, and/or special or punitive damages through any fault of Custom Gear or otherwise; (iv) any claim in any way caused or contributed to by the customer and/or any third party. c) These Terms shall prevail to the extent of any inconsistency with any other agreement, representation and/or warranty.

7. ALTERATIONS, CANCELLATIONS & RETURNS: The Customer agrees: a) all purchase orders, signed artwork proofs and approved order confirmation forms are considered final and are non-cancellable once received via email or mail. b) once confirmed, an order cannot be cancelled unless agreed to in writing by Custom Gear. The customer will be responsible for all material and labour charges incurred prior to cancellation and will be invoiced accordingly. c) orders for custom made, overseas and/or indent products cannot be cancelled once production commences, under any circumstances including but not limited to delays caused by external effects i.e. shipping, customs, acts of God, delays or strikes. d) Custom Gear does not offer any warranties unless stated in writing to the Customer & will only offer discounts, refunds or replacements at their discretion. e) Not to return goods without Custom Gear’s prior written approval, not to return not in brand new and unused condition with undamaged packaging, not to return goods if 14 days or more have passed since dispatch. f) not to return any goods which have been custom made, custom processed or custom acquired without Custom Gear’s approval. g) That Custom Gear does not give cash refunds.

8. QUOTATIONS: The Customer agrees that: a) quotations will only be honoured if provided in writing. b) Custom Gear shall not be bound by any quotation if an order is not placed within 7 days from the date of quotation. c) Custom Gear may prior to receipt of any order amend any quotation and notify the Customer accordingly without ramification. d) Custom Gear shall not be bound by any quotation if it forms the view that the of the quotation is to form part of a larger transaction or series of transactions with the Customer and if Custom Gear also forms the view that those circumstances have substantially and/or materially changed. e) the Customer shall pay any additional charges Custom Gear levies for holding any goods referred to in any quotation pending placement of an order. 11. PLACEMENT OF ORDERS: The Customer agrees that: a) all orders must be provided in writing via email or mail with the provision an official company purchase order. b) any changes or additions to purchase orders must be done so in writing. Custom Gear does not accept verbal purchase orders or instructions. c) if any dispute arises concerning any order (including any question of identity or authority or any telephone, facsimile or computer generated order) the internal records of Custom Gear shall be conclusive evidence of what was ordered. d) each order shall be and be deemed to be a representation by the Customer made at the time that it is solvent and able to pay all of its debts as and when they fall due. e) when placing any order the Customer shall inform Custom Gear of any facts which might reasonably affect acceptance of the order by Custom Gear and/or any grant of credit and any failure to do so by or on behalf of the Customer shall be deemed to create an inequality of bargaining position, shall be deemed to constitute the taking of an unfair advantage of Custom Gear and shall be deemed to be unconscionable, misleading and deceptive.

9. STOCK RESERVATIONS: In order to hold stock, we must have your official purchase order in writing. Stock will be held for no longer than 48 hours or as agreed in writing without follow up from client. After 48 hours stock may be released for other orders.

10. LEAD TIMES, SUPPLY & DELIVERY: a) Custom Gear may supply by instalments and/or withhold or cancel supply without liability where: (i) Custom Gear has insufficient goods to fulfil orders; (ii) goods are not available to supply; (iii) the Customer is in breach of these Terms; (iv) Custom Gear has safety concerns; and/or (v) Custom Gear otherwise considers it appropriate. b) The Customer agrees that: (i) Custom Gear may elect at its discretion to arrange delivery without any liability and at the Customer’s cost and responsibility in all things; (ii) the Customer shall be deemed to have accepted delivery and liability for goods on being notified by Custom Gear that goods are ready for collection and/or on goods being delivered to a carrier or to the Customer’s business premises or nominated site whether attended or not; (iii) a certificate purporting to be signed by an officer of Custom Gear confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket; and (iv) Custom Gear shall not be liable for delay, failure or inability to delivery any goods. c) The Customer agrees that: (i) Lead times may be specified, however, in the event of goods being out of stock or your required delivery date not being achievable, Custom Gear will make contact to advise best delivery date; (ii)A RUSH or AIR service may be available on certain items, however additional charges may apply. Please check with Custom Gear to confirm; (iii) If your order form does not have a specified ‘required by’ date, your order will be processed under standard factory production times as listed for each product. Factory production time begins after you have approved an artwork proof and we have received your pre-payment and signed confirmation if this is required; (iv) Custom Gear does not guarantee supply of goods and reserves the right to decline delivery at our sole discretion; (v) Where Custom Gear can assure a dispatch date we cannot be held responsible for any shipping or freight delays and therefore "delivery date" can be estimated & is not guaranteed (vi) If goods are not delivered by your ‘delivery date’ the customer will still be responsible for payment of the goods; (vii) Custom Gear will not be held responsible for any unforeseen delays including third party or transit delays. Third parties may include but are not limited to, separate factories or suppliers involved in the supply and production process. Transit delays may include but are not limited to customs clearance delays and courier delays.

11. SHIPPING INSTRUCTIONS - Goods will be delivered to your specified delivery address as outlined on your approved order confirmation, quote, purchase order. We do not send invoices with orders. Invoices will be sent to your original business address via email and via post. If payment is due prior to dispatch, we will email a copy of your invoice for immediate payment at least 3-5 working days prior to dispatch, to ensure you allow enough time to process the payment prior to dispatch / delivery of goods. Please also ensure all shipping instructions are clearly listed on your purchase order. If split shipments are required, additional handling charges will apply. Please check with Custom Gear prior to confirming your order. Please always check delivery addresses on your order confirmation sheet carefully. We may be unable to change delivery addresses once your order has shipped. Custom Gear will not be held liable if incorrect addresses are approved order confirmation and if redelivery or redirection services are required, all additional charges will be the responsibility of the customer.

12. FREIGHT CHARGES - Where no freight company is specified on your order, we will ship by our Carriers (fastest and most economical means) and add freight costs to invoices. If freight quotations are required prior to ordering please contact our office. Goods requiring repacking and logistic work will be charged at an hourly rate. We will quote as requested. Goods going to multiple locations will be charged a handling charge plus 10% GST per location.

13. INSURANCE - Insurance on goods in transit is at your risk. Please ensure you have goods in transit coverage.

14. DELIVERIES TO THIRD PARTIES - Where it is requested we deliver your order to another party then it is your responsibility to check personally that the delivery is correct as ordered. We will not accept responsibility for goods lost by the third parties. Additionally, if we deliver incorrect undecorated product to you or a third party and the incorrect goods are decorated or used under your direction, then UNDER NO CIRCUMSTANCE WILL WE ACCEPT RESPONSIBILITY FOR THE GOODS OR ACCEPT A RETURN FOR CREDIT. Custom Gear shall not be liable for delay, failure or inability to deliver any goods.

15. PRICING POLICY: a) In the absence of a binding quotation or online pricing, all sales are made at the price nominated by Custom Gear at the time of ordering. c) All government imposts (including any GST or equivalent) will be additional and charged to the Customer’s d) Prices displayed on our website, or quoted in writing, exclude government imposts (including any GST or equivalent) and/or any fees, and/or fines and/or charges levied by any third party unless Custom Gear otherwise agrees. e) “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999. f) Freight charges will be additional and charged to the Customer unless stated otherwise. g) Prices for quantities above the maximum price breaks listed are quoted upon request. Please allow approximately 24-48 hrs for these custom quotations. h) Prices for ‘between’ quantity breaks listed will be based on the quantity price base before. This only applies to quantities breaks that are above the lowest minimum order quantity price break for the product. Orders for quantities that fall between the standard price-breaks are always subject to our approval, as some products cannot be ordered in any other quantity points than those listed. i) Less than minimum surcharges will apply on all below minimum orders. Orders will not be accepted if less than half of minimum order quantity. All below minimum orders are subject to Custom Gear’s acceptance and stock availability. Minimum Order Quantities for each product do differ from product to product, and are also subject to variation, so please always check with Custom Gear for the most up to date charges prior to ordering. INDENT PRODUCTS – Orders will not be accepted for if less than half of minimum order quantity. All transactions are processed in Australian dollars.

16. SET UP CHARGES: Custom Gear only holds design set-up on file for two years from order completion. After such time, a new set-up charge will apply per colour/position and new artwork will also need to be supplied. We will advise if this is required after receipt of order. Set-up Charges and Repeat Set-up Charges for each product will be quoted in writing, these charges do differ from product to product, and are also subject to variation, so please always check with Custom Gear for the most up to date charges prior to ordering.

17. ARTWORK & ORDER APPROVALS: Upon receipt of order (or prior in some instances), our art department will prepare an artwork proof / approval and formal quotation / confirmation form for your approval (This may be in the form of a email correspondence, or verbal in rare cases). These forms should be returned via email or mail by the expiration date specified in order to secure the dispatch / delivery times stated.  Failure to approve within the time frame specified may result in an increased delivery time for your order. Any changes to product or artwork once the original artwork proofs have been sent, may result in an extended lead time / dispatch / delivery date; we will do our best to achieve the original delivery date although will not be held accountable for any such delays that occur. In some cases "Pre Production physical samples will be created, based on the artwork approval or specific instructions; These pre production samples will act as a guide / benchmark of the end product to be delivered, in every case it is the clients responsibility to ensure that the sample meets the requirements in regards to function, purpose and design (where we will do our best to acheive an exact match or improved result in final production, this cannot be guaranteed). Please always remember to check all details on the quote and your artwork proof carefully before signing off, as Custom Gear will not be held responsible for errors resulting from mistakes in artwork or copy supplied, nor for errors contained within artwork approvals/order confirmations.

18. ARTWORK SPECIFICATIONS: ELECTRONIC SUBMISSION – Artwork Instruction / Graphic / files to be submitted in Adobe Illustrator Vector based format. Text must be converted to outlines/curves/or embedded font types. Nominate Pantone PMS colours, order numbers and fonts where applicable. NOTE - We can accept files as JPEG, PDF, and TIF formats in high resolution. These files are not final artwork. Artwork charges may apply as the artwork needs to be redrawn in Vector format. STANDARD TYPESETTING - $25.00 plus 10% GST. This applies to straight text only. Please advise us of the font and layout required. If font required is not a common font, please email font file separately. Re-Creation / Re Draw – $65 per hour plus 10% GST. This will be charged in full for any part or full hour worked on recreation of artwork. Please provide your artwork in electronic format for quotation. LAYOUT - $30.00 approx. applies if you supply two files, one with the logo and one with text etc, and both are needed for design. CHANGES TO ARTWORK - $20.00 plus 10% GST per amendment. This charge is applicable when design changes are requested after Custom Gear has supplied final artwork proofs for approval. This charge will apply to each additional proof that is required to be supplied.

19. PRE-PRODUCTION SAMPLES: Custom Gear may provide Pre-Production Samples for indent, offshore orders where required. These Pre-production samples will be used as a means of demonstrating the construction, design and function of the end product to be delivered. Please note that custom made products are subject to variation upon order and these items may experience some batch to batch variation in colour, detail, finish etc. We cannot guarantee exact material colour matches on our products as dyes and colorization of materials is subject to variation during the manufacturing process. We will not accept returns or provide a refund on products that have material colour variations.

20. PACKAGING & WEIGHTS: Product packaging details and shipping weights are available upon request. Please note; modifications to packaging and carton specifications may be made without prior notification.

21. OVER AND UNDERRUNS: Custom Gear endeavours to ship the exact quantity ordered. However, we do reserve the right to under or over deliver by 5% and charge accordingly, due to the quality control inspection after the product is printed or manufactured.

22. PRODUCT DESCRIPTIONS: To the best of our ability the products displayed on our website and in our catalogue are represented accurately, occasionally typographically errors do occur during the development of our communication pieces. Colours of items shown in our catalogue and website may also not be a true representation of the product’s actual colour and appearance as difference in digital print and electronic display systems alter product colour and appearance. We highly recommend if you're not sure of the quality, colour, size or thickness of a particular product you order a sample before placing your order. Please note, however, that colour variations in product materials can occur, even after you order a sample, so the colour of the final product supplied may vary from the original sample supplied. We cannot guarantee exact material colour matches on our products as dyes and colorization of materials is subject to variation during the manufacturing process. We will not accept returns or provide a refund on products that have material colour variations.

23. PMS COLOUR MATCHES: We cannot guarantee an exact PMS colour match. Ink colours will vary on different materials. Neon inks may fade within 30 days when exposed to sunlight. Each PMS colour match requires an extra change even when ordering more than one product. PMS is a registered trademark of the Pantone Matching System.

24. FULL COLOUR PRINTING: Due to the printing methods used on full colour printed items, we cannot guarantee colour matches or colour consistency and variation can occur within an order and from order to order.

25. IMPRINTING METHODS: Our factories use various imprinting methods to imprint products. Including but not limited to; heat transfer, plastisol transfer, pad printing, embossing, debossing, screen printing, laser engraving and digital labels. None of these decoration methods are absolutely permanent, exposure to sun light, excessive rubbing, abrasion, harsh chemicals, dishwasher cleaning and lotions applied to hands will reduce the durability of the decoration.

26. INK COVERAGE & DECORATION POSITIONING: We cannot always maintain solid ink coverage on some of our products, labels or decoration methods. In addition, ink coverage may vary when a light colour ink is used on a dark background material as most ink colours have some transparency. We cannot always maintain the exact decoration positioning (including but not limited to label positioning, pad print positioning) of logos on products and variation within an order and from order to order is considered acceptable.

27. SCRATCHES, SCUFF MARKS & BLEMISHES: Some products, specifically those made of plastic & leather, will have naturally occurring scratches, scuff marks and blemishes from the manufacturing process which are considered normal and acceptable. Excessive scratches and scuff marks can happen during shipping and transportation. We highly recommend poly bagging products wherever possible. If you did not purchase poly bagging or cellophane packaging with your order, or it is not included as standard on the item, we will not be responsible for scratches and scuff marks to the product or imprint. Some products are poly bagged or cellophane bagged at no charge, if available, optional packaging is listed with each product webpage. Contact us for pricing on poly bagging or cellophane packaging your order if are unable to find this information on our website.

28. IMPORTANT INFORMATION: Custom Gear does not guarantee that users of our products will not have allergic reactions. If allergic reactions do occur please discontinue use. If the allergic reaction persists please consult a doctor. We will not be held liable for any allergic reactions some users may have. All of our cosmetic ingredients and products are approved within Australia; however this does not exclude the possibility of allergic reactions within some users. Unprinted Orders: unlabelled orders for cosmetic items can be supplied; however it will then become the customer’s responsibility to appropriately label the products with ingredient information. Custom Gear can supply ingredient information upon request. Batch Variations: due to common changes in raw ingredients, manufacturing processes and other variables beyond our control, minor variations in colours, flavours and fragrances may exist both within an order and from order to order. As a result we cannot guarantee exact colour or flavour/fragrance matches and will not accept exchanges or refunds on this basis. Whilst every effort is made to minimise the batch variations our above mentioned terms and conditions should be taken into account prior to ordering. Storage: cosmetic products should be stored below 25 degrees C. at all times in a cool, dark place. Keep out of direct sunlight or heat. Custom Gear will not be liable for any deterioration of products not correctly transported or stored, regardless of when the deterioration is communicated. Our formulation team can instantly identify when this has occurred by assessing the returned stock’s characteristics. Custom Fragrances/Colours: Custom Gear offers customisation of colours and fragrances on some cosmetic items; however additional charges, minimum order quantities and increased production times may apply. Please check on our website for the most up to date information on options available for each product.

29. VARIATIONS: Any variation or cancellation of these Terms or any order must be approved by Custom Gear in writing.

30. EXCLUSIONS: a) No dealing between Custom Gear and the Customer shall be or be deemed to be a sale by sample. b) If Custom Gear publishes material concerning its goods, services and/or prices anything so published which is incompatible with these Terms is unless otherwise stated expressly excluded. c) The Customer shall rely on its own knowledge and expertise in selecting any goods and/or services for any purpose and any advice or assistance given by or on behalf of Custom Gear shall be accepted at the Customer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied upon by the Customer or anyone claiming through the Customer. d) All goods are sold subject to each and every manufacturer’s applicable trading terms, warranties and representations. e) Custom Gear shall not be responsible nor liable for (i) paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences; and/or (ii) any failure to comply with any special requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods and/or services and/or otherwise). f) Custom Gear shall not be liable for any goods and/or services: (i) made or performed to designs, drawings, specifications and/or procedures etc. and/or with materials which are provided and/or approved (whether fully or in part) by or on behalf of the Customer; and/or (ii) utilised, stored, handled and/or maintained incorrectly or inappropriately; and/or (iii) manufactured and/or supplied by another party. g) The Customer agrees to: (i) check all goods for compliance with all relevant applicable laws, standards and/or guidelines before use, application, installation or disposal; (ii) comply with all applicable laws, standards, and/or guidelines, and with all recommendations and/or directions made and/or given by Custom Gear and/or by any manufacturer; and (iii) act in accordance with good practice at all times.

31. DEFAULT: a) On any default or breach of these Terms by the Customer, Custom Gear may inter alia terminate any contract, retain all monies paid, cease further deliveries of goods and/or provision of services, recover all lost profits and/or at its discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party. b) The Customer agrees not to commence or continue or permit to be commenced or continued through it any suit or action against Custom Gear while the Customer is in default under any part of these Terms or in any of its dealings with Custom Gear. c) The Customer agrees to indemnify Custom Gear for all fees and expenses incurred by Custom Gear and payable to its solicitors, mercantile agents and other parties acting on behalf of Custom Gear in respect of anything instituted or being considered against the Customer whether for debt, possession of any goods or otherwise (including all legal costs on an indemnity basis). d) Custom Gear may apply any payment in reduction of fees, interest and/or part or all of any principal debt in such order of priority as Custom Gear in its discretion considers appropriate. e) The Customer irrevocably authorises the payment directly to Custom Gear of any debt due to the Customer by any debtor of the Customer in reduction of any amount due to Custom Gear under these Terms or otherwise.

32. INDEMNITY: The Customer fully indemnifies Custom Gear against any claim or loss arising from or related in any way to any dealing between Custom Gear and the Customer and/or arising under these Terms.

33. INTELLECTUAL PROPERTY: The Customer agrees that all intellectual property used in the creation or supply of any goods and/or services shall be and remain the property of Custom Gear notwithstanding any contribution by the Customer. 33. OTHER TERMS & CONDITIONS: No terms and conditions sought to be imposed by the Customer upon Custom Gear shall apply.

34. RECONDITIONED GOODS: Custom Gear shall not be liable for any reconditioning and/or repair of products made and/or supplied by the Customer and/or by any third party.

35. CUSTOMER RESTRUCTURE: The Customer shall notify Custom Gear in writing of any change in its structure or management including any change in director, shareholder or management and/or any change in partnership or trusteeship within 7 days of any such change. Until such notice is received, the Customer guarantees the performance of all obligations passing to any third party and fully indemnifies Custom Gear against all loss (including legal costs on an indemnity basis).

36. JURISDICTION: The Customer agrees that all dealings with Custom Gear shall be governed by the laws of New South Wales and the Customer agrees to submit to the jurisdiction of the appropriate Court nominated by Custom Gear in New South Wales.

37. CREDIT LIMIT: Any credit facility or credit limit is an indication only of the intention at the time. Custom Gear may vary or withdraw credit at any time at its discretion and without any liability to the Customer or any other party.

38. WAIVER: An election by Custom Gear not to exercise any of its rights arising as a result of any breach of these Terms shall not constitute a waiver of any rights of Custom Gear relating to any subsequent or other breach.

39. NOTICE OF CHANGE OF TERMS: The Customer agrees that it shall be deemed to have notice of and shall be bound by any change to these Terms immediately any change is adopted by Custom Gear and the changed Terms are displayed on Custom Gear’s website at www.customgear.com.au or included in any price list, quotation or other document given to the Customer and whether or not the Customer has actual notice and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.

40. SECURITY FOR PAYMENT: The Customer hereby grants to Custom Gear a general lien over all property of the Customer until payment in full of all monies owing to Custom Gear.

41. FORCE MAJEURE: Custom Gear shall not be in default or in breach of any contract with the Customer as a result of Force Majeure including any strike or lock-out. Custom Gear shall not be liable for any losses or damages, and shall be excused from any delay or failure in performance hereunder, caused by any labour dispute or disturbances, governmental order or requirements, acts of God, casualty, disaster, inability to secure materials and transportation facilities, wars and other civil disturbances, and other circumstances beyond its control including the failure of its supplier(s) and/or subcontractors to perform. Where a party is unable, wholly or in part, by reason of an act of God, strike, lockout or other interference with work, war, declared or undeclared, act of terrorism, blockade, disturbance , lightning, fire, earthquake, storm, flood, explosion, government or quasigovernmental restraint, expropriation prohibition intervention direct or embargo, unavailability or delay in availability of equipment or transport, inability or delay in authorities or allocations, and any other cause whether of the kind specifically enumerated above or otherwise which is not reasonably within the control of the party affect (“force majeure”), to carry out any obligation under this agreement and that party: a) gives the other party prompt notice of that force majeure with reasonably full particulars thereof and insofar as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; b) uses all possible diligence to remove that force majeure as quickly as possible. An obligation to pay money is never excused by force majeure; and the requirement that any force majeure shall be removed with all possible diligence shall not require the settlement of strikes, lockouts or other labour disputes, or claims or demands by any government on terms contrary to the wishes of the party affected.

42. INSOLVENCY: a) If the Customer commits or is involved in any act of insolvency the Customer shall be deemed to be in default under these Terms. b) An act of insolvency is deemed to include the appointment of any insolvency practitioner and the calling of any formal meeting of creditors.

43. PALLETS & STANDS: The Customer agrees on request to return all pallets, stands, reusable packaging and/or display equipment ["Equipment"] provided by Custom Gear and to indemnify Custom Gear for the full replacement cost of any Equipment not returned.

44. SEVERABILITY: Any part of these Terms being the whole or part of any clause(s) shall be capable of severance without affecting any other part of these Terms.

Upon receipt of order (or prior in some instances), our art department will prepare an artwork proof / approval and formal quotation / confirmation form for your approval (This may be in the form of a email correspondence or verbal in rare cases). These forms should be returned via email or mail by the expiration date specified in order to secure the dispatch / delivery times stated. Failure to approve within the time frame specified may result in an increased delivery time for your order. Any changes to product or artwork once the original artwork proofs have been sent, may result in an extended lead time / dispatch / delivery date; we will do our best to achieve the original delivery date although will not be held accountable for any such delays that occur