Play Hard Sports Equipment

Play Hard Sports Equipment
Play Hard Sports Equipment
Sports-BURLEIGH HEADS, QLD
Sports-Burleigh Heads, QLD
We have been designing and manufacturing sports equipment since 1993. All products are designed in house and comply to the rules and regulations of the relevant sports governing body as well..
24 Ern Harley Drive, Burleigh Heads, Qld, 4220.
24 Ern Harley Drive, Burleigh Heads, Qld, 4220.
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We have been designing and manufacturing sports equipment since 1993. All products are designed in house and comply to the rules and regulations of the relevant sports governing body as well as national and state government regulations. In addition, basketball equipment complies with the Queensland Education Department Basketball Equipment Specification 2007. Products are engineer certified where applicable.PHS began its journey into Lean Manufacturing in 2009 and has been implementing Lean methodology throughout the organisation ever since. The Lean process has allowed PHS to maintain all product manufacture in Australia without importing goods. We are proud to be 100% Australian made. Our range of standard products contains 300 separate items for 11 sports. The design department can modify standard products or custom make items to suit customers needs.

Governing Terms and Conditions


 

1.       These terms and conditions are the only terms and conditions of quotation and sale to which Oz Ring Pty Limited (ABN 79 066 094 559) will be bound and the Customer agrees that these terms and conditions will in all circumstances prevail over the Customer's terms and conditions of purchase.

2.       These terms and conditions supersede and exclude all prior and other discussions, representations and arrangements relating to the supply of goods, including but not limited to, those relating to the performance of the goods or the results that ought to be expected of the goods.

3.       Any special conditions specified on a Quotation or Invoice shall, to the extent they are consistent with these Terms, take precedence over these Terms.

4.       Any direction by the Customer, either verbal or written, to procure goods or services from Oz Ring Pty Limited, will be deemed as acceptance by the Customer of these Terms, despite any provisions to the contrary in the direction or any purchase order issued by the Customer.

5.       Unless otherwise agreed to by Oz Ring Pty Limited in writing, payment for goods is required prior to despatch of goods.

6.       Where Oz Ring Pty limited has agreed to extend credit to the Customer payment must be made within the agreed terms. Oz Ring Pty Limited also reserves the right to vary the terms of payment and to require payment in cash in full prior to any further deliveries, should the credit worthiness of the Customer at any time become in Oz Ring Pty Limited's opinion, unsatisfactory.

7.       The Customer is not entitled to make any deduction from amounts owing, in respect of any set off or counter claim being held back for retention.

8.       The debit balance of the account must not at any time exceed the credit limit.

9.       The Customer, at times, may be required to pay a deposit or invoice in full, prior to commencement of work or before despatch, if the value of the work exceeds a reasonable amount or due to the unique nature of the product.

10.    All patent, design rights, trade marks, copyright, original works and any other intellectual property in design, specification, process, method of working in relation to goods, shall vest for all times in Oz Ring. The Customer is only granted an irrevocable licence to use the goods.

ACCEPTANCE

11.    The Customer is to have accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of goods.

12.    These terms and conditions may only be amended with Oz Ring Pty Limited's consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Oz Ring Pty Limited.

PRICE AND PAYMENT

13.    At Oz Ring Pty Limited's discretion the price shall be either

a)        As indicated on any invoice provide by Oz Ring Pty Limited to the Customer

b)        Oz Ring Pty Ltd.'s quoted price (subject to 14) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

14.    Prices quoted are based on Oz Ring Pty Limited's estimated cost of production, manufacture or supply at the time of quotation and may be altered without notice to the Customer if there is any increase in the Supplier's costs between date of quote and date of acceptance of the order.

15.    At Oz Ring Pty Limited's discretion a non-refundable deposit may be required.

16.    Time for payment of goods will be payable by the Customer on the date/s determined by Oz Ring Pty Limited which may be:

a)        Before delivery of the goods

b)        Thirty (30) days following the end of the month in which the invoice was raised

c)        The date specified on any invoice as the date for payment, or

d)        The date which is fourteen (14) days following the date the invoice was raised and given to the Customer by Oz Ring Pty Limited.

17.    All prices quoted are ex-gst which shall be paid by the Customer to Oz Ring Pty Limited and which shall be indicated on a Tax Invoice.

18.    Unless otherwise stated the price does not include freight, transportation, shipping, insurance, packing, storage and handling, and all sales, goods and services, excise or other taxes, and the Customer shall pay and indemnify Oz Ring Pty Limited for those charges or taxes.

PAYMENT DEFAULT

19.    If the Customer defaults in payment by the due date of any amount payable to Oz Ring Pty Limited and does not remedy the default within seven (7) days of written notice of the default by Oz Ring Pty Limited, then all money which would become payable by the Customer to Oz Ring Pty Limited at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Oz Ring Pty Limited may, without prejudice to any of its other accrued or contingent rights:

I)         charge the Customer interest on any sum due at the prevailing rate of 2.5% calculated on the outstanding balance and capitalised monthly till paid

ii)          charge the Customer for, and the Customer must indemnify Oz Ring Pty Limited from, all costs and expenses (including legal costs and expenses) incurred, resulting from the default or in taking action to enforce compliance with the Agreement or to recover any good

iii)          cease or suspend supply of any further goods or services to the Customer

iv)         by written notice to the Customer, terminate any uncompleted contract with the Customer

v)          where the Customer becomes bankrupt or has a liquidator, administrator or receiver appointed, all amounts owing will become due and payable

vi)         Without prejudice to any other rights which Oz Ring Pty limited may have under this contract or at law, Oz Ring Pty Limited shall be entitled to enter upon the Customer's premises and repossess the goods without notice, upon occurrence of any of the following events:

a)       The Customer, being a natural person, commits an act of bankruptcy, or is declared insolvent;

b)       Where the Customer is a corporation, proceedings are commenced to wind up the Customer or the Customer is put under official management or a receiver is appointed over the Customer's undertaking or property, or the Customer is placed under any other form of administration;

c)       The Customer, in the opinion of Oz Ring Pty Limited is in breach of any terms of this contract.

vii)                Legal and equitable title in the goods shall not pass to the Customer until the purchase price is paid in full to Oz Ring Pty Limited, but risk in the goods shall pass to the Customer immediately upon delivery.

WARRANTY

20.    Oz Ring Pty Limited warrants that all goods manufactured by it will be free from defects in materials or workmanship under what Oz Ring Pty Limited considers to be normal use and service.

21.    In relation to the goods the subject of an order for less than $40,000, Oz Ring Pty Limited acknowledges that the goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

22.    Oz Ring Pty Limited will investigate and determine, in its discretion, whether the goods and their components are defective. All other costs, including cartage and installation must be paid by the Customer. 

23.    To the maximum extent permitted by law, the liability of Oz Ring Pty Limited, howsoever arising under a contract, is limited at Oz Ring's option to:

i)         the replacement or repair of the goods

ii)        the supply of equivalent goods; or

iii)       the cost of replacing or repairing the goods or of acquiring equivalent goods

24.    Oz Ring Pty Limited reserves the right to pursue reimbursement of any costs associated with any warranty investigation if it is determined not to be a fault or failure in its services and therefore not a warranty claim.

25.    The Customer agrees to release, hold harmless and indemnify Oz Ring Pty Limited from and against any liability whatsoever and howsoever arising inconnection with the use of goods by the Customer.

26.    The Customer shall be responsible for the immediate examination of the goods upon delivery and shall notify Oz Ring Pty Limited of any defects, damages or incorrect supply within 7 days of delivery. Failure to notify Oz Ring Pty Limited within the seven days the Customer shall be deemed to have accepted the goods and become liable for payment.

27.    The Customer must notify Oz Ring Pty Limited immediately of any defect in the goods which it becomes aware after delivery and will take all reasonable steps to mitigate loss (if any) arising as a consequence of the defect. Oz Ring Pty Limited will not be required to incur additional expense in repairing goods caused by the transformation of goods or the integration of goods with other goods.

28.    Oz Ring Pty Limited reserves the right to charge a restocking and handling fee on goods returned by the Customer. Acceptance of returned goods is at the discretion of Oz Ring Pty Limited and only with prior approval of same. Goods that have been manufactured to the Customer's specifications will not be returnable to Oz Ring Pty Limited.

29.    Goods must be returned at the expense of the Customer. Goods returned for credit and accepted by Oz Ring Pty Limited will at Oz Ring's discretion be subject to a minimum 20% restocking fee. The Customer shall not be entitled to any credit if goods are not returned within 30 days of notification.

30.    If the Customer does not comply with this clause the Customer shall be taken to have unconditionally accepted that the goods comply with the Sale Conditions.

31.    Oz Ring Pty Limited accepts no responsibility for loss of or damage to or maintenance of secrecy with respect of any plans, drawings, samples or other material supplied by the Customer to Oz Ring Pty Limited, although reasonable care will be taken. If any goods are manufactured to the design or specifications of the Customer, the Customer will indemnify Oz Ring Pty Limited for any loss or damage sustained by Oz Ring Pty Limited arising out of any breach of patent, trademark or registered design.

           DELIVERY OF GOODS

32.    Delivery of goods is taken to occur at the time that the Customer or the Customer's nominated carrier takes possession of the goods at Oz Ring Pty Limited's premises or Oz Ring's carrier delivers the goods to the Customer's nominated address even if the Customer is not present at this address.

33.    At Oz Ring Pty Limited's discretion the cost of delivery is either included in the Price or is in addition to the Price.

34.    If hand unloading or a truck with a lifter is required, additional charges will be incurred by the Customer and an Invoice will be raised in addition to the original sale unless Oz Ring was made aware of this requirement at the time of quotation.

35.    Oz Ring Pty Limited may deliver the goods in separate instalments. Each separate instalment will be invoiced and paid in accordance with the provision of these terms and conditions.

36.    Any time or date given by Oz Ring Pty Limited to the Customer is an estimate only. The Customer must still accept delivery of the goods even if late and Oz Ring Pty Limited will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

37.    Risk of damage or loss of the goods passes to the Customer on delivery. It is the Customer's right to refuse acceptance of any goods which have been damaged in transit. In this event Customers need to contact Oz Ring Pty Limited.

38.    If the Customer requests Oz Ring Pty Limited to leave goods outside the Customer's premises or deliver to an unattended location then such goods shall be left at the Customer's sole risk.

PERSONAL PROPERTY SECURITIES ACT (2009) (“PPSA”)

39.    Defined terms used in this Clause 36 have the same meaning as given to them in the PPSA.

a) Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purpose of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Oz Ring Pty Limited.

b) The goods supplied or to be supplied under a contract fall within the PPSA classification of “other goods” acquired by the Customer pursuant to these conditions

c) The Customer acknowledges that Oz Ring Pty Limited, as secured party, is entitled to register its interest in the goods supplied or to be supplied to the Customer, as Grantor, under a contract on the PPSA Register as Collateral.

d) The Customer undertakes to:

·         promptly sign any further documents which Oz Ring Pty Limited may reasonable require to

i)   register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register

ii)  register any other document required to be registered by the PPSA; or

iii) correct  a defect in a statement or financing change statement in relation to a security interest on the Personal Properties Securities Register

·         indemnify, and upon demand reimburse Oz Ring Pty Limited for all expenses incurred  in registering a financing statement on the PPS Register,

·         or releasing any goods,

·         not register a financing change statement in respect of a security interest without the prior written consent of Oz Ring Pty Limited

·         not register, or permit to be registered, a financing statement in relation to the Goods in favour of  a third party without prior written consent from Oz Ring Pty Limited 

·         immediately notify Oz Ring Pty Limited of any material change in its business  practices of selling the Goods which would result in a change in the nature of the proceeds derived from such sales

e) Oz Ring Pty Limited and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

f) The Customer waives their rights to receive notices under section 95, 118, 121(4), 130, 132 (3)(d) and 132 (4) of the PPSA

g) The Customer waives their rights as a grantor and/or debtor under sections 142 and 143 of the PPSA.

h) Unless  otherwise agreed to in writing by Oz Ring Pty Limited, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

i) The Customer agrees that, to the extent permitted by law, nothing in sections 130 to 143 of the PPSA will apply to, or the Security under these Conditions.

j) Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

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