Wholesale Customer Terms & Conditions

T&C Explanatory Communication to Wholesale Customers

Formula Sports Terms and Conditions

  1. Formation

When you place an order (Order) with us to purchase our products (Products) and we issue you an invoice for that Order, an agreement is formed between you (you, your) and Formula Sports Pty Ltd (ABN 81 615 654 469) (we, us, our) consisting of your Order, your invoice and these terms and conditions (agreement).

  1. Title and risk
    1. Title in your purchased Product(s) shall pass to you upon receipt of full payment by you of all monies owed and due to us in relation to such Product(s).
    2. The Product(s) shall be at your risk from the time you receive the Product(s).
  2. Prices, taxes and payment
    1. Prices of sale of the Product(s) are determined by us in our sole discretion. Prices are generally available on our order forms or can be provided on request.  Prices are subject to change in our sole discretion.
    2. Prices are quoted in Australian dollars, unless otherwise expressed by us, and are exclusive of GST. If GST is payable in relation to a taxable supply, the amount payable for that taxable supply is the amount for that taxable supply plus GST (where GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    3. You must pay all amounts by any due date set by us, including as set out on your invoice. We reserve the right (in our sole discretion) to require that full payment is be received prior to dispatch of the Product(s).
  3. Orders and stock levels
    1. An Order will be placed including the Product type(s), quantity and delivery location, as well as any other necessary information.
    2. We will ship the Product(s) to the address provided by you.
    3. We are not liable for any delay in dispatch or delivery.
    4. Where Product(s) are not received, missing in transit, and/or are not correct, you must notify us in accordance with clause 5 and we will provide you with reasonable assistance as may be necessary.
    5. All claims made in accordance with clause 4 and/or for Order shortages must be notified within 7 days of your receipt of your Product(s) and sent to accounts@formulasports.com.au
  4. Order cancellation and credits
    We may provide credits in our sole discretion. Any request for a credit can be made by contacting us at sales@formulasports.com.au and requesting a return authorisation (RA), which we may give in our sole discretion. To the extent permitted by law, permissible returns will only be accepted and processed by us on approval and with a valid RA number
  1. Your obligations and restrictions
    1. To the extent permitted by law, you are solely responsible for the sale of the Product(s) to your customers are making the sale of the Product(s) to your customers and/or sub-distributors and that any terms and conditions directly and indirectly applying to returns, refunds and exchanges by them are your responsibility and you must not give any promises, representations, warranties or guarantees on our behalf in regards to the Product(s).
    2. You must:
      • not sell any Product(s) that are branded ‘Formula Sports’ on the Amazon ecommerce marketplace; and/or to any subsidiary, affiliate or related body corporate of Amazon.com, Inc. globally.
      • impose a condition on any sub-distributor that restricts them from selling any Product(s) that are branded ‘Formula Sports’ on the Amazon ecommerce marketplace and/or to any subsidiary, affiliate or related body corporate of Amazon.com, Inc. globally.
  1. Warranty and liability
    1. Other than expressly provided for in this agreement and to the fullest extent permitted by law:
      • we exclude all warranties, conditions and representations in whatever form, relating to the Product(s), including any warranties or representations relating to quality, accuracy, integration, merchantability, conformity with specifications, reliability, functionality, performance, fitness for use, and including any warranty that it will produce any particular or guaranteed outcome.
      • in no case will we, our directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise, for any direct Loss, Consequential Loss, and/or indirect, incidental, punitive or special Losses of any kind (including loss of profit, loss of revenue, business interruption or a security breach) arising out of or in connection with our Product(s) and/or your purchase or resale of our Product(s).

For the purposes of this clause:

Loss means any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise.

Consequential Loss means any Loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss.

  1. Indemnity
    You agree to indemnify us and be responsible for all costs, liability, damage, loss, claim or charges and other liabilities incurred by us as a result of:
  • your breach of this agreement; and/or
  • our enforcement this agreement.
  1. General terms
    1. The relationship between the parties will be that of a service provider and customer and nothing in this agreement will be taken as giving rise to a relationship of employment, agency or partnership.
    2. This agreement contains the entire understanding between the parties concerning the subject matter of the agreement and supersedes all prior communications.
    3. We may sub-contract the performance of any part of our obligations to any third party.
    4. The failure of either party to enforce any provisions under this agreement will not waive the right of such party thereafter to enforce any such provisions.
    5. Any warranty, indemnity, or obligation of confidentiality in this agreement will survive termination. Any other term which by its nature is intended to survive termination of this agreement survives termination of this agreement.
    6. We reserve the right to amend this agreement from time to time by either giving you notice. Your purchase of any Product(s) after the date of notice or publication will constitute acceptance of such amendments.
    7. If any term or provision of this agreement is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from this agreement and the remaining terms and conditions will be unaffected.
    8. This agreement is governed by, and construed in accordance with, the laws of New South Wales. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.