Terms of service

TERMS & CONDITIONS OF TRADE

Fila Group Australia Pty Ltd

ABN: 43006355639

Document Reference: TC03-07042026

1. General

1.1 These Terms and Conditions of Trade (Terms) govern all sales of goods (Goods) by Fila Group Australia Pty Ltd (Fila, we, us, our) to the customer (Customer, you, your). By placing a Purchase Order with Fila, the Customer agrees to be bound by these Terms.

1.2 These Terms apply to the exclusion of any other terms and conditions of purchase submitted by the Customer at any time, whether printed on, attached to, or referenced in any order, unless expressly agreed in writing by Fila.

1.3 Fila may amend these Terms by providing the Customer with no less than 30 days’ written notice. Any Purchase Order placed after the effective date of amended Terms will be governed by those amended Terms. Any Purchase Order accepted prior to that date will continue to be governed by the Terms in force at the time of acceptance.

1.4 Any notice, approval, consent, demand, authorisation, or communication under these Terms must be in writing and signed by a duly authorised representative. Notices may be delivered by email or post to the addresses specified in the relevant Purchase Order or credit application.

 

2. Australian Consumer Law

2.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded.

2.2 Where permitted by law, Fila’s liability for failure to comply with a consumer guarantee is limited, at Fila’s election, to:

(a) replacement of the Goods or supply of equivalent goods;

(b) repair of the Goods; or

(c) payment of the cost of replacing the Goods or acquiring equivalent goods.

3. Terms of Payment

3.1 Payment is due cash with order unless credit has been approved in writing by Fila. Approved credit accounts are payable 30 days from invoice date, unless otherwise agreed in writing.

3.2 Any credit limit is determined at Fila’s discretion and may be varied by written notice. The credit limit applies across all purchases.

3.3 Overdue amounts accrue interest at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily from the due date until payment in full.

3.4 Accepted payment methods:

• Direct Deposit – Bank details stated on invoice

• Mastercard / Visa – Card processing surcharge applies

4. Purpose of Credit

4.1 The Customer acknowledges that any credit provided by Fila is applied solely for commercial purposes.

5. Quantities

5.1 Goods are sold in pack quantities only, as specified in the current price list.

6. Price

6.1 Prices are subject to change upon 14 days’ written notice. Orders accepted prior to a price change will be honoured at the prevailing price at acceptance.

6.2 All prices are exclusive of GST unless stated otherwise. GST will be charged in accordance with law.

6.3 Orders exceeding $500 (ex GST) are delivered free into store within standard delivery areas.

6.4 Orders under $500 (ex GST) incur applicable freight charges.

6.5 Freight applies to all indent orders.

6.6 Freight applies to all display stands.

6.7 Freight applies to all oversize and overweight items.

7. Taxes & Duty

7.1 The Customer must pay GST on all taxable supplies in addition to any other consideration payable.

8. Delivery & Risk

8.1 Fila will use reasonable endeavours to deliver by the requested date but does not guarantee delivery on any specific date.

8.2 Fila is not liable for indirect or consequential loss arising from delivery timing. Liability for direct loss caused by negligence or unreasonable delay is limited to the invoice value of affected Goods.

8.3 Delivery occurs when Goods are unloaded or placed with the Customer’s nominated carrier.

8.4 If no delivery date is specified, delivery will occur as soon as reasonably practicable.

8.5 Risk passes to the Customer upon delivery.

9. Availability & Back Orders

9.1 Goods are subject to availability. Unavailable items will be placed on back order.

9.2 Customers must notify Fila in writing at order placement if back orders are not permitted.

10. Cancellations

10.1 Cancellation requests must be made in writing.

10.2 If cancelled after acceptance, the Customer must reimburse Fila for reasonable costs incurred up to receipt of cancellation.

10.3 If Fila cancels (other than for Force Majeure), amounts paid will be refunded.

11. Force Majeure

11.1 Neither party is liable for failure or delay caused by a Force Majeure Event.

11.2 Force Majeure Event includes events beyond reasonable control, including natural disasters, industrial action, government restrictions, pandemics, or supply chain disruption.

11.3 The affected party must notify the other promptly and take reasonable steps to mitigate the impact.

12. Claims, Returns & Allowances

12.1 Claims must be submitted in writing within 30 days of invoice date (or availability notification for non-delivery), including invoice details and reasons.

12.2 Nothing limits the Customer’s rights under the Australian Consumer Law.

12.3 Credit notes will be issued upon inspection and confirmation of Fila responsibility.

12.4 Freight is not reimbursed unless authorised in writing.

12.5 Unauthorised returns not due to defects incur a 15% restocking fee.

12.6 Declined claims will be notified in writing; Goods will be available for collection.

12.7 Returned Goods must be adequately packaged and accompanied by invoice details.

12.8 Exchanges due to Customer error incur a 10% handling charge.

13. Retention of Title

13.1 Title does not pass until payment is received in full.

13.2 Goods must be stored separately and identifiable as Fila property.

13.3 The Customer may sell Goods in the ordinary course as agent until paid.

13.4 If payment is overdue, Fila may enter premises with 48 hours’ notice to inspect or repossess Goods.

13.5 Recovery costs are payable by the Customer.

13.6 Fila holds a purchase money security interest under the PPSA.

14. Personal Property Securities Act

14.1 PPSA means the Personal Property Securities Act 2009 (Cth).

14.2 These Terms constitute a security agreement.

14.3 The Customer grants Fila and its Related Bodies Corporate a security interest in all unpaid Goods and proceeds.

14.4 Fila may register its interest on the PPS Register.

14.5 The Customer must assist in perfecting and enforcing the security interest.

14.6 The Customer must not grant competing security interests without consent.

14.7 PPSA rights are waived to the extent permitted by law, with a minimum agreed notice of 5 business days where applicable.

15. Miscellaneous

15.1 Set-off is permitted only for undisputed amounts.

15.2 Assignment requires written consent.

15.3 Payments may be allocated at Fila’s discretion, subject to reasonable endeavours.

15.4 Invalid provisions are severable.

15.5 These Terms constitute the entire agreement.

15.6 Governing law is the State or Territory where the Purchase Order was received.

15.7 Enforcement and recovery costs are payable by the Customer.

15.8 Commercial terms are confidential, subject to lawful disclosure exceptions.