Terms and Conditions
Terms and Conditions
By entering into a business agreement with Dirty Hole Designs you (the buyer) agree to comply with and be bound by the following terms and conditions of sale.
From here on ‘you’ refers to the customer / buyer and ‘us’/’we’/'our' refers to Dirty Hole Designs
1. Pricing and Terms
Quotes are valid for the goods specified in them and for 28 days from date of quote. Alterations may incur a cost rise which will be reflected in a new quote. Please bear in mind that all quotes made are made subject to the terms and conditions of sale. Any order placed is placed subject to the terms and conditions set out here, as stated on the invoice, order jobsheet and quote.
Prices stated on our website or in any brochures and catalogues are approximate. A full quote will be made for any order.
Quoted unit prices do not include G.S.T. G.S.T is added to form the final gross sum where appropriate. The price payable for the goods you order and their delivery is as set out in the invoice. We reserve the right to change the prices shown at any time and we will contact you before the order is confirmed in the event of an alteration being made. An amount equal to the appropriate taxes will be added to the invoice where there is a legal obligation to collect such taxes.
1.3 Misplaced Goods, Misplaced Decimal Places or Otherwise
If, by genuine mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price.
1.4 Loss of Earnings
We cannot, and will not, be held responsible for any loss of earnings, real or projected, as a result of an order being lost, arriving late, or not being as expected.
We must receive payment IN FULL for the goods ordered before the order can be processed. By placing an order, you agree to pay pro-forma for the invoiced goods. Our acceptance of your order brings into existence a legally binding contract between us and you. Customers are reminded that they should satisfy themselves that the products they are ordering are suitable for their requirements before placing an order. No responsibility is placed with Dirty Hole Designs for the decision to order.
All payments must be in full and in Australian dollars ($AUD).
Conversion fees from foreign currencies must be borne by the customer and not deducted from the invoice total.
2.3 Artwork and Designs
Due to variance in the manufacturing stage and the hand-made nature of screen printing, there may be variance of up to 100mm in any dimension set out in the mock-up. Some changes can and may occur between the stated position, origination and final print placement or embellishment of any design ordered. All placements are approximate and the print will vary depending on the size of the garment - for example, a 40mm print will look smaller on an XXL garment than it would on an XS. By agreeing to these T&Cs you understand that variance in dimensions, placement, colour, ink coverage and visual appearance can change between products and agree to allow us to use our professional judgement in this matter. All artwork, designs and specifications supplied / approved are guidelines for the printing stage only.
2.4.2 Designs produced by us
Any designs produced by us will remain our intellectual property and may not be used in any other form without our prior written consent.
2.12 Turnaround Time
Our average order turnaround is 3-4 weeks. This can be as long as 6 weeks or more on complicated orders or during busy periods.
For custom high volume orders that are produced turnaround time can be up to 3 months from the date of payment.
For custom high volume orders; during the period between P/O and payment there may be items on the job production critical path that need urgent attention to ensure delivery arrives on a quoted estimate date e.g. information to produce production sample. Failure of the client to respond quickly to information / artwork / approval requests from our order management team may result in order delays.
All turnaround durations are estimates and we cannot guarantee exact delivery dates. We will not be liable for any loss incurred due to production or delivery delays.
2.13 Cancellations and Refunds
Once an order has been placed the manufacturing stage starts immediately and costs are borne immediately by us. Therefore we stress that once an order has been placed, it cannot be cancelled. Returns and refunds cannot be accepted as stated.
2.14 Colours: garments, prints and
All garment, print and embroidery colours shown on the website are only as accurate as the web design process allows. Garment, print and embroidery colours can only be matched to a pantone reference. In the matching, there will always be variance due to screen resolutions, environmental factors (such as lighting), garment colour influences on the inks and threads, and varying dye strengths. We will do our very best to match all colours, but will not be liable for any errors in matching due to a customer's perceptions. If there is any doubt, we recommend ordering a sample.
2.16 Show Through and Ink Coverage
All prints and embroideries will be applied to the highest quality, but due to the nature of garments there will never be 100% ink or thread coverage. No two garments are the same, and so thread will show through the prints or embroideries on some or all of your products. This is particularly the case when printing light colours on darker garments. We will not be held liable for any loss resulting from this, nor we will accept return of the garments.
All sizes are estimates and are not guaranteed. Please double check the size chart on our website, bearing in mind that whilst sizes on size charts often relate to the body size of the wearer, rather than the garment, some size charts may differ. Due to the mix of mechanised and human manufacturing, there is some variance in garment sizing between identical products, occasionally up to an inch in each dimension across all manufacturers. Therefore exact sizing cannot be guaranteed, and size charts should be used as a guideline only. We are not responsible for any loss of earnings as a result of mis-ordered sizing or sizing variance.
2.18 The Drying Process
Every screen printed garment is dried mechanically and as such may affect the garments and prints. A print's colour can be mildly changed during this drying process, and by placing your order you understand that there may be some print colour variance between items. Some garments may take on a slight tinge from the drying process. We have a stringent quality control process, but at times some affected garments get through. This tinge can be easily rectified with a single domestic wash
Where there has been a genuine manufacturing error i.e. holes, torn etc. We will investigate and endeavour to repair or replace affected goods as we see fit in order to supply garments to specification. This does not include ordering errors on the part of the customer, and does not supersede other related terms.
Full title in the Goods shall remain vested in us until we receive payment in full. We reserve the right to sell any rejected goods unless specifically instructed by you not to at the order stage.
The liability for loss or damage in transit, or thereafter, shall pass to the customer upon the delivery of the order to a common carrier for shipment. Shipping dates are approximate and are based, to a great extent, on prompt receipt by us of all necessary ordering information from you. The customer shall bear all costs of transportation and insurance. We will add transportation and insurance costs to your invoice. We shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labour
shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from you, or otherwise arisen out of causes beyond our control. Nor shall we at any time be liable for any incidental, special or consequential damages. The customer shall be responsible for all customs clearance and payment of all charges and duties in the territory.
For overseas orders where it has been agreed we will deliver LDP (landed duty paid) we will cover the cost of customs clearance and payment of charges and duty.
The risk passes to the buyer upon leaving us and on delivery to a common carrier.
We are not liable for any losses in transit.
3.3 Delays Beyond Our Control
We shall have no liability to you for any failure or delay in the delivery of goods ordered, or for damage or defect to goods caused by events or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
4. Additional Terms
4.1 Exclusion of Liability
We shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or special loss or damage arising out of the purchase of any goods by you from us or late or non-delivery of goods. We do not accept liability for any loss from claims of third parties arising out of the use of Goods or Services purchased from us. We shall not be liable for any misrepresentations. We accept zero liability for all losses not specifically mentioned here, as well as any liability for health issues that may occur from the use of products supplied to you by us.
We will endeavour to provide the highest quality goods as standard, and these will arrive in a merchantable quality. Any wear and tear or depletion of goods due to use and wear are not our responsibility and we will not be obliged to replace or refund any goods. Further to this, it must be noted that our clothing is sensitive to tumble drying and warm washing; both must be avoided. Pay extra attention to the wash care instructions inside the hem label and if in doubt about what these mean, please get in touch. We recommend all items are washed on 30 degrees Celsius and hung out to dry – not tumble dried.
Dirty Hole Designs will not accept any liability for loss or profit or consequential losses suffered as a result of erroneous delivery, production or delivery delay, or otherwise. The risk inherent in all goods passes to the customer as soon as production is complete and the order is dispatched.
4.4 Governing Law
The contract between you and us shall be governed by and interpreted in accordance with Australian law, and the Australian courts shall have exclusive jurisdiction to resolve any arising disputes.
All information supplied by either party to the other and identified as confidential by the recipient shall be kept strictly confidential by the recipient and shall not be disclosed to any third party without the other's prior written consent. Each party shall take appropriate steps to ensure that its employees, subcontractors and agents are also bound by confidentiality undertakings with respect to products, suppliers, printers, supply chain, supply partners.
All confidential information and documents supplied to either party shall be returned to the supplying party on expiry or termination of this Agreement.
The obligations of confidentiality in these Terms and Conditions shall remain in force after expiry or termination or any relationship between you and us.
4.6 Intellectual Property
All intellectual property associated with our brand, supply chain, processes and all other relevant elements of our business will remain ours. Customers have no right to use our IP - for example traceability - without written permission. This IP may only be used whilst we are your supplier: the agreement to use our IP expires immediately when you change supplier, or when we inform you - whichever comes sooner.
We at Dirty Hole Designs are not responsible for your use of any certifications, trademarks, artwork, logos or licenses in your product, marketing or otherwise. Customers are strongly recommended to read the latest guidelines from the certification bodies that regulate the use of their logos.
We may subcontract any part or parts of product sourcing, production and delivery of Good and/or Services without prior notice. If we do not have the required stock for your order we may source an exact replacement to fulfil the order. You will not receive prior notice of this if the replacement garment is the same specification, colour, size, style and material. If exact replacements are not available, we will discuss alternatives with you and gain your approval before proceeding.
4.10 Entire Agreement
These terms and conditions, delivery details and contract details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by a director of Dirty Hole Designs and will always supersede the customer’s Terms. In particular nothing verbally agreed by any of our staff should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading unless it is made fraudulently. No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part or such rights or remedies unless such waiver is confirmed in writing.
4.11 Scope of Agreement
(a) These conditions apply to all Goods and Services supplied by the us to the you and shall govern the contract to the exclusion of any other terms and conditions. In particular, these conditions shall override and supersede any terms or conditions of purchase of the Buyer purported to be incorporated expressly or impliedly into the contract. You accept these conditions by purchasing the goods and / or services.
(b) All correspondence and documentation relating to the Order shall be in English language. If translations exist in other languages, the English version shall prevail if in conflict.