Terms & Conditions — H&K Global Trading Pty Ltd
Effective Date: 09/11/2025
Operator: H&K Global Trading Pty Ltd (ABN: 87 686 282 468) (“H&K”, “we”, “us”, “our”)
Website: [www.handkglobaltrading.com]
These Terms & Conditions (“Terms”) govern all access to and use of our Site, and all agreements, quotes, and transactions involving our products and services.
1. Definitions
• Buyer – The person, company, or authorised representative purchasing Goods or Services from H&K.
• Goods – Garments, fabrics, accessories, trims, or related products supplied under an Order.
• Services – Includes sourcing, manufacturing coordination, quality control, export logistics, and consultancy.
• Supplier – A manufacturer, factory, or third party engaged by H&K to produce or supply Goods.
• Order – An agreed purchase order, quotation acceptance, or written commitment between Buyer and H&K.
• Incoterms – International Commercial Terms as per ICC Incoterms 2020 (e.g. FOB, CIF, DDP).
• ACL – The Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Scope & Acceptance
2.1 By using our Site, placing an Order, or engaging our Services, you accept these Terms.
2.2 These Terms apply globally and override any conflicting Buyer conditions unless H&K expressly agrees in writing.
2.3 These Terms supplement statutory rights under the ACL and cannot exclude or limit mandatory consumer protections.
3. Accounts & Registration
3.1 Buyers must be 18 years or older and authorised to act for their company.
3.2 You are responsible for safeguarding your login details and all activity under your account.
3.3 H&K may suspend or terminate accounts if fraudulent or unauthorised activity is suspected.
4. Quotes, Orders & Contract Formation
4.1 Quotations are valid for the time specified and subject to change due to currency, raw material, or labour cost fluctuations.
4.2 A binding contract forms only upon written confirmation by H&K (invoice or purchase order confirmation).
4.3 Any modifications to Orders (design, fabric, delivery, quantity) must be agreed in writing and may affect price and lead time.
5. Prices, Payment & Taxes
5.1 All prices are in AUD unless otherwise agreed and exclude GST, duties, freight, and insurance unless stated.
5.2 Payment terms (unless otherwise agreed):
• 20% deposit at order confirmation.
• 40% upon shipment.
• 40% upon delivery.
5.3 Late payments incur 2% monthly interest or the maximum permitted by law.
5.4 Buyers are responsible for bank fees, currency conversions, and import taxes.
5.5 H&K reserves the right to require payment via irrevocable Letter of Credit for large or international orders.
6. Production, Inspection & Quality Assurance
6.1 Goods will be manufactured in accordance with approved tech packs, samples, and Buyer specifications.
6.2 H&K enforces factory-level quality control under AQL standards and offers optional third-party inspections.
6.3 Defects must be reported within 20 business days of delivery with photographic evidence.
6.4 H&K may, at its discretion, repair, replace, or issue a credit for defective Goods.
7. Delivery, Title & Risk
7.1 Delivery is based on the agreed Incoterm (FOB, CIF, CNF, or DDP).
7.2 Estimated timelines are indicative only; delays due to supply chain disruptions or customs clearance are not guaranteed events.
7.3 Risk transfers per agreed Incoterm; title remains with H&K until full payment is received.
7.4 Buyers are responsible for compliance with import regulations and customs documentation.
8. Export Controls, Sanctions & Customs
8.1 Both parties must comply with all applicable sanctions, export laws, and trade controls.
8.2 H&K reserves the right to decline any Order violating such regulations or identified as high-risk.
8.3 Buyer authorises H&K to conduct sanctions and restricted-party screenings.
9. Product Compliance, Safety & Labelling
9.1 All Goods must comply with mandatory product standards in the destination market (e.g., ACCC textile standards, REACH, CPSIA).
9.2 H&K may provide documentation such as test reports, fibre composition, and origin certificates.
9.3 Buyer bears responsibility for region-specific labelling, import markings, and brand compliance requirements.
10. Intellectual Property
10.1 H&K retains ownership of all materials, logos, and intellectual property on the Site.
10.2 Buyer grants H&K a non-exclusive licence to use Buyer trademarks, designs, or tech packs for production.
10.3 Buyer warrants that supplied designs do not infringe third-party rights and indemnifies H&K against IP claims.
11. Supplier & Labour Compliance
11.1 All Suppliers must comply with applicable labour, safety, and environmental laws.
11.2 H&K enforces a strict Modern Slavery Policy and may audit any supplier at any time.
11.3 Factories must maintain records verifying absence of forced labour, child labour, or discrimination.
12. Confidentiality & Data Protection
12.1 Both parties agree to maintain confidentiality of all business information, prices, and designs.
12.2 H&K processes data in compliance with the Privacy Act 1988 (Cth) and may transfer data overseas for operational purposes.
12.3 Buyers consent to communications and data processing necessary for order fulfilment.
13. Insurance & Indemnity
13.1 Each party must maintain adequate insurance coverage relevant to their operations.
13.2 Buyer indemnifies H&K against losses arising from:
• breach of contract or IP rights;
• misuse of supplied Goods; or
• violation of export, import, or safety laws.
14. Limitation of Liability
14.1 Except for ACL consumer rights, H&K’s liability is capped at the total cost value of the relevant Order.
14.2 H&K is not liable for indirect, incidental, or consequential loss (including profit or goodwill).
14.3 Nothing in these Terms limits liability for fraud, negligence, or willful misconduct.
15. Termination & Suspension
15.1 Either party may terminate for material breach, insolvency, or regulatory non-compliance.
15.2 Upon termination, accrued obligations and confidentiality provisions survive.
15.3 H&K may suspend Services if payment defaults occur.
16. Force Majeure
Neither party shall be liable for delays caused by events beyond reasonable control (including pandemics, strikes, or shipping blockages). Notice must be provided within 7 days of occurrence.
17. Dispute Resolution & Governing Law
17.1 The parties must attempt good-faith negotiation and mediation before commencing legal action.
17.2 These Terms are governed by the laws of New South Wales, Australia, and both parties submit to the exclusive jurisdiction of its courts.
18. Amendments & Notices
18.1 H&K may amend these Terms with reasonable notice; continued engagement implies acceptance.
18.2 Notices must be sent to the registered business address or email on file.
19. Entire Agreement
These Terms, together with any purchase orders, invoices, and policies (including Privacy and Returns), form the entire agreement between the parties.
20. Contact Information
H&K Global Trading Pty Ltd
Address: U30, 17 Webb St, Riverwood, NSW 2210.
Email:
Website: [www.handkglobaltrading.com]