Wholesale Terms & Conditions

New Accounts

If you wish to become an ortc stockist, we would love to hear from you. Please contact us at wholesale@ortc.com.au and we can provide details on our wholesale process. 

Conditions of Sale

This document governs the relationship between ortc Clothing Co Pty Ltd and the Purchaser and by submitting a purchase order to ortc Clothing Co you confirm that you have read/understand and will abide by our Conditions of Sale. If these Conditions of Sale are unclear and require clarification, contact ortc Clothing Co wholesale customer service (wholesale@ortc.com.au). Within this document ‘ortc’ refers to ortc Clothing Co Pty Ltd and the ‘Customer’ refers to the Purchaser.

1.0 PAYMENT

1.1 Terms for Non Account (CBD Sale) Customers

A Customer will trade on a Cash Before Delivery sale basis unless they have an existing credit account. Orders should be placed as per clause 2.0. A proforma invoice will be issued to obtain payment and all products must be paid in full and payment cleared prior to the products being dispatched. ortc offers the following payment options:

• Credit Card
• Bank Deposit
• Pinch Payments: Online Payment Portals

1.1.1 Indent/Large orders For Non Account (Cash Sale) Customers

Deposits (where agreed to by ortc for products to be back ordered are accepted on the following conditions:

• When back ordered items arrive in the ortc warehouse, they will be put on proforma reserve and a proforma tax invoice issued for the outstanding balance.
• Balance of payment for products on proforma reserve is required within 7-days of the balance of proforma tax invoice being issued.
• If payment is not received within the period specified above, ortc reserves the right to release the stock back into the warehouse and charge a cancellation fee of 20% of the total order.
• Products will not be dispatched until payment in full is received.

1.2  Commercial Credit Facilities

Before offering commercial credit, ortc requires that a Customer trade on a cash sale basis to establish a regular trading history (3 completed cash sales within the current 6 month period, a minimum of $5,000 product value). To request an account email your full details to wholesale@ortc.com.au. Note: account requests are subject to credit checking via Creditor Watch and then trade references, also availability of budgeted space on our ledger.

1.3 Terms for Approved Accounts Customers

An indemnity is required for all commercial credit facilities offered, along with an agreement for Terms of Credit Providing. All accounts are payable in full within 30-days from date of invoice. All overdue accounts are placed on credit hold at 35-days. Accounts are monitored and payment patterns will determine if facilities are revoked. Credit limits are subject to payment pattern, this determines any increases/decreases in limits.

1.5 Miscellaneous

Invoices are raised at the point of dispatch and charged to the account on the same day, and automatically emailed. Invoice due dates are not to be extended regardless of delivery times. ortc cannot be held responsible for delivery ETA’s or delays.

ortc may at its discretion request from time to time that a commercial credit application be updated. Failing to update as requested could result in loss of commercial credit facilities, until the required documents are completed and returned. All business, and trading/as names must be registered if you wish to use them as an account name. Notification in writing is requested prior to selling the business, name changes and/or Director changes etc. The Customer further acknowledges that they shall be liable for any costs incurred by ortc in collecting or attempting to collect outstanding monies, including commissions paid to agents and legal fees. Any breach of these terms will result in credit facilities being revoked. ortc also reserves the right to revoke commercial credit facilities at its discretion, without notice.

2.0 ORDERING PROCEDURES (both non-account and account customers)

The processing of all orders is managed by our Wholesale Customer Service Team or our sales agents in each state. Orders can be placed by:

• Via email to wholesale@ortc.com.au
• Via our https://ortcwholesale.dearportal.com
• Via our sales agents in each state

 If the Customer does not have a wholesale portal login, this can be obtained by contacting ortc wholesale customer service at wholesale@ortc.com.au

2.1 Minimum Order Value

Minimum order value applies for initial indent orders and accessory orders.

Indent clothing minimum order value is set at $2000 per collection or season. Any reorders on the same collection in season will not incur a minimum order quantity.

Accessories (hats, socks, bags, towels) minimum order value is set at $400 per order.

2.2 Reservation of Products/Sales Quote

Generally, reserves on products by special request are held for a period of 5-days after which they are automatically deleted from our system. The reserving of stock does not guarantee availability. To confirm product availability and suitability, an order must be placed.

3.0 PRICES

3.1 Freight 

All wholesale prices exclude freight and shipping charges. We use Australia Post and TNT for shipment of domestic orders and DHL Express for shipment of international orders. The cost of shipping is billed as an additional charge at the standard rates. For remote or expensive shipping locations, we will happily work with the customer to subsidise the cost of shipping. 

3.2 Price Changes

Every endeavour will be made to maintain prices at the levels shown in the price list. However, owing to the numerous variables beyond ortc’s control, prices are subject to change without notice.

4.0 DELIVERY

Deliveries will be made to the address nominated by the Customer. If the Customer requests delivery of the goods to a third party, the third party must accept the goods for and on behalf of the Customer. Unless specifically requested, all deliveries within Australian will be made by a carrier nominated by ortc. If an alternative freight company is nominated by the Customer then the Customer will cover the expense of this option.

The Customer acknowledges that the capacity of ortc to deliver products is subject to external factors, persons and entities beyond the control of ortc and over which ortc has no control. The delivery times advised to the Customer are estimates only and ortc will not be liable for late delivery or non-delivery by a carrier. Under no circumstances shall ortc be liable for any loss, damage or delay suffered by the Customer arising from late or non-delivery of goods.

5.0 INSPECTION OF PRODUCTS ON DELIVERY

5.1 Check all Products

It is important that the Receiver check on arrival that:

• The correct product has been received
• The sizes and quantity are as ordered.
• The items are not faulty

5.2 Alteration or Cancellation of Orders

All order alterations or cancellation requests MUST be made within 14 days of the order being placed and sales order confirmation being received.

After this 14 day period all orders are considered confirmed and therefore unable to be changed or cancelled. If orders need to be cancelled after this 14 day grace period, a cancellation fee of 20% of the total order applies.

If the Customer wishes to cancel or amend an order, contact our wholesale customer service team at wholesale@ortc.com.au

5.3 Return of Products

No return will be accepted without prior written approval from ortc. Unless there is a problem with the product i.e. defects, or error on ortc’s behalf the Customer is liable for the cost of return shipment of the product to ortc’s warehouse and subject to a cancellation / restocking fee of 20% of invoice value of the goods plus G.S.T.

A return can only be accepted under the following circumstances:

• ortc is notified within 7-days of receipt of products.
• The product is returned in the same condition as supplied and products are securely wrapped for transportation.
• ortc, in its discretion, agrees to accept the return.
• When ortc has agreed in writing to accept a return the products are required to be returned as outlined in the return documents issued and within 14-days of this written agreement.
• If a customer wants to return a product they must contact ortc first via wholesale@ortc.com.au.

5.4 Seven Days Reasonable + Sufficient For Examination

The Customer acknowledges that a period of 7-days after the date of delivery of the products is a reasonable and sufficient period within which to examine the products for all purposes.

6.0 CLAIMS

6.1 Procedure for Claims to Be Strictly Complied With

The Customer must notify ortc in writing if the products are defective in whole or in part:

1. a) Within 7-days after the date of delivery (in which respect time shall be of the essence)
2. b) No refund or credit will be given or allowed by ortc to the Customer unless the Customer complies with the provisions of paragraphs (a) and (b) and the products are returned as follows;

• In the same condition as supplied to the Customer;
• Strictly in accordance with the directions of ortc; and
• To ortc Clothing Co warehouse within 14-days after ortc has agreed in writing to the return. 

6.2 Quality

All quotations are without guarantee, expressed or implied that the products will be suitable for a specific purpose although such purpose may be known to ortc. Nor is any guarantee given by ortc as to the performance of any products supplied hereunder. The Customer acknowledges that the products are manufactured from natural materials and variations may occur from one roll / hide to another and within individual rolls / hides. ortc will not be liable for any colour variations and/or product imperfections after the products have been cut, marked or used in any other way. The Customer accepts that all products purchased are supplied as “run of production” and are not individually selected unless specifically stated on the Customers official order form. If the Customer requires any products to be individually selected and to be suitable for a particular purpose, ortc must be notified in writing on the order form stating the requirement and also of the purpose for which the products are to be used.

Notwithstanding any such notification the Customer acknowledges that variations in the material substances from which products are manufactured preclude any warranty that all products supplied will be fit for the purpose notified. Any samples shown to the Customer are intended to indicate the general colour only and all agreements are entered into without guarantee expressed or implied that the products delivered will colour match with the samples.

6.3 Limitation of Liability

Where ortc is in breach of any term, warranty or condition, whether contained in these Conditions of Sale or implied by statute, law or otherwise and which has not been excluded from these Conditions of Sale, the Customer acknowledges and agrees that ortc’s liability for damages shall be limited to whichever of the following ortc, at its sole discretion, decides:

(a) The replacement of the products.

(b) The repair of the products.

(c) The payment of the cost of replacing products or acquiring equivalent products.

(d) Or the payment for the repair of the products.

IMPORTANT – Notwithstanding, to the extent lawfully permitted, ortc’s liability is further limited to a sum not exceeding the invoice price of the products, and the Customer acknowledges that all products are supplied on this basis. 

6.4 ortc Not Liable For Consequential Damages

The Customer further acknowledges and agrees that in no circumstances shall ortc be liable for any consequential losses or damages suffered or incurred by the Customer as a consequence of a breach by ortc of any term or condition on its part to be performed or of any warranty notwithstanding that ortc may have been given notice by the Customer of the prospective consequential losses or damages the Customer may suffer or incur as a consequence of such breach.

7.0 WARRANTIES, REPRESENTATIONS, FITNESS

7.1 Exclusion of Implied Terms Etc

To the fullest extent lawfully permitted and so that this provision is not rendered void, all terms, warranties, conditions or liabilities implied or imposed by statute, law or otherwise are hereby negated and/ or excluded.

8. Property / Ownership

Property in the products shall not pass to the Customer until full payment has been received by ortc. The Customer agrees that ortc is authorised to enter the Customer’s premises and repossess the products (or any ortc products in lieu, even if previously paid for) if the Customer fails to comply with the terms of payment.

Until property in the products passes to the Customer, the Customer shall:

• Store the products so that they are clearly identified as the property of ortc and;
• So much of the proceeds of the resale of the products as is owing to pay directly to ortc and;
• Maintain any claim against a sub-purchaser for the benefit of ortc.

8.0 MISCELLANEOUS

8.1 Customer’s Warranty

The Customer warrants that performance by ortc pursuant to an order placed by the Customer will not infringe any registered trade mark or design and undertakes to indemnify and keep indemnified ortc against all claims, demands, actions, proceedings, liabilities, losses and expenses for actual or alleged infringement.

8.2 No Waiver

Any time or other indulgence granted to the Customer shall not affect ortc’s strict rights except to the extent to which ortc expressly waives such rights in writing but no waiver in respect of any breach shall affect ortc’s strict rights in respect of any other breach by the Customer.

8.3 Legal Action (both Cash Sale and/or Commercial Credit Accounts)

The Purchaser agrees and understands that should it be required – any and all legal costs shall be added to the debt and payable by the Purchaser.

 8.5 Retention of Title

• Title in the products shall not pass to the Customer until payment is made in full to ortc. Until payment in full is made, the Customer shall retain the products as ortc fiduciary agent and bailee.
• The Customer may resell the products but only on market terms and pending any such resale or utilisation in any manufacturing process, the products must be insured, and securely stored separate from other products and clearly marked as being ortc products.
• ortc at its discretion reserves the right to lodge a PPSA on an invoice and /or the commercial credit account itself.
• The Customer shall hold in trust for ortc all proceeds from the resale of ortc products or where ortc products have been incorporated into other product/s such part of the proceeds from the sale of the products as relates to ortc products (which part shall be deemed to equal in dollar terms the amount owing by the Customer to ortc). Such proceeds shall be deposited to a separate account until the liability to ortc has been discharged.

8.6 Design Rights

The designs depicted in ortc samples, price lists and web sites are propriety to ortc and ortc reserves the exclusive right to manufacture or distribute them. Any reproduction of these designs, in any form, including but not limited to fabric, logo, print, infringes ortc rights and that infringement will be prosecuted.