Shipping policy

RETAIL CUSTOMERS VISIT EBONY BOUTIQUE FOR SHIPPING POLICY

GLENGYLE KNITWEAR (NZ) LIMITED - T/A EBONY MERINO NZ

WHOLESALE SHIPPING POLICY

ORDERS AND DELIVERY

The Buyer will place orders for the Goods in writing detailing the type of Goods required, the quantity of Goods required, the proposed delivery date for the order and such other information as may be requested by the Company. No order will be binding on the Company until the Company notifies acceptance in writing.

Delivery shall be made DDP (as that term is defined in Incoterms 2010) at the place indicated in the Contract.

Delivery shall be made at the Company’s premises if no place shall be indicated in the contract.

If delivery is made at the Company’s premises the Company shall if requested by the Buyer arrange insurance for transit.

If the Buyer fails or refuses or indicates to the Company that the Buyer will fail or refuse to take or accept delivery, then the Goods shall be deemed to have been delivered when the Company was willing to deliver them.

RISK

Risk of any loss or damage to the Goods shall be borne by the Buyer from the time of delivery of the Goods.

OWNERSHIP

Ownership of the Goods shall remain with the Company until such time as the Buyer shall have paid the Company the price of the Goods and all other monies owing by the Buyer to the Company.

While ownership of the Goods remains with the Company, the Company reserves the right to enter upon the premises where the Goods are situated and take possession of and remove the Goods without being responsible for any damage caused. The Company may, without prejudice to any other rights and remedies that the Company may have to resell such Goods and apply the proceeds in or towards payment of the price of the Goods and any other monies owing by the Buyer to the Company. All costs and expenses incurred by the Company as a result of any such actions shall be payable by the Buyer to the Company upon demand.

If, notwithstanding clause 3.1, the Buyer sells or disposes of the Goods then without prejudice the Company’s other rights and remedies:

(a) All consideration received by the Buyer from the sale of the Goods shall be kept in a separate account on trust for the benefit of the Company;

(b) If the Buyer has not received the proceeds of any such sale it shall hold on trust the debt owned to the Buyer for the Goods, and if called upon to do so by the Company, assign to the Company all rights against the person to whom the Buyer has supplied the Goods.

If the Goods are mixed with or incorporated into any other property then the Company shall be entitled to a share in the resulting end product (“the End Product”) or any proceeds of sale of the End Product in proportion to the Company’s contribution represented by the Goods to the End Product.