Terms & Conditions

Product Identification
To ensure you receive the correct product, please state product name and colour when ordering. Please examine your order carefully before cutting to verify that the product, colour, pattern etc is as ordered.

Availability
Always check the current stock position.

Prices
Prices are subject to change without notice. Cut length price is charged for any specified length less than a full roll.

Terms
Our trading terms are net 30 days end of month. We reserve the right to withhold supplies until overdue accounts are brought up to date.

Interest
Interest may be charged on overdue accounts at a rate of 10% per annum, from the date of delivery until payment.

Claims and Returns
• Returns will only be accepted under the following circumstances:
• Fabric supplied is not in accordance with your order
• Fabric is uncut
• Fabric is returned within 1 month from receipt of goods
• Returns must be accompanied with a written claim quoting invoice number and reason for return
• Other returns to which we agree are subject to a 15% handling charge (minimum $25)
• Fabtex shall not be liable to the purchaser if it is unable to fill any order
• All returns must be sent via our specified carrier, unless freight charges are paid by the sender
Freight
Clients will be charged freight accordingly from warehouse in Stapylton. Where air delivery is requested, goods will be forwarded at the purchaser’s expense.

Title of Goods
No title of goods shall pass to the purchaser by reason of delivery or acceptance of same. Fabtex shall remain the absolute owner of the goods until the purchase price of the goods has been paid to it by the purchaser. Until payment, the purchaser shall be the bailee of the goods for Fabtex and shall store goods upon its premises in a manner which makes them readily identifiable as the goods of Fabtex. Goods shall be at the risk of the purchaser as soon as they are delivered to the purchaser, to its vehicles, to its premises or otherwise to its order.
The purchaser’s right to the possession of the goods shall cease at the earlier of the following events:
– On the expiration of the agreed period of credit
– If the purchaser does anything or fails to do anything which would entitle a receiver to take possession of any assets or would entitle any person to petition for the winding up or receivership of the purchaser
– If a natural person – applying for bankruptcy or becoming bankrupt or entering into a deed under the Bankruptcy Act.
– If a company – entering into a composition or arrangement with its creditors, being wound up or seeking the appointment of a receiver or liquidator pursuant to the Companies Code.

The purchaser may incorporate Fabtex goods into another product subject to the condition that if these goods are mixed with those of the purchaser, the product shall become the property of Fabtex. If Fabtex goods are incorporated with the property of people other than the purchaser, the product will be deemed to be owned in common with the others.

The proceeds of the sale of the above products will be held in trust for Fabtex . Any receiver / agent of the purchaser if appointed will assign all rights against the person to whom the product(s) have been sold.

Special Orders
Special order refers to a non-stocked item. Where goods have been ordered on a special-order basis, they cannot be accepted for return. Special orders cannot be cancelled by the purchasers after the supplier’s preparation.

Colour and Dye lot variation
Fabric may vary in colour and /or texture therefore we cannot guarantee that the supplied fabric will be the exact match to the sample from which ordered. We will, however, always attempt to ship a satisfactory commercial match. Cuttings from current stock are available on request.

Warranty
The following conditions apply to individual fabric warranties:
• Proof of purchase is required before any claim can be considered under this warranty
• Claims under the warranty must be made in writing to Fabtex Pty Ltd. We will then contact you seeking relevant information regarding your claim. Under no circumstances will Fabtex be liable for costs relating to transportation of goods, or for repairs carried out without its authorisation.
• The warranty relates only to defects arising from normal use. Visible evidence of residual soiling will void this warranty. The warranty does not extend to defects arising from wilful reckless damage, disregard of instructions or from actions that are warned against. A normal characteristic of the fabric shall not be considered as a defect. The warranty is limited to replacement of the fabric and freight charges specifically authorised by Fabtex and does not extend to consequential loss.
• Where a protective process has been applied to the fabric by a third party applicator this warranty will be subordinate to warranties and remedies that may be available from the third party applicator. The warranty may be voided by Fabtex if the fabric is used for any purpose other than for which it is intended.