INTRODUCTION IMPORTANT NOTICE:

Transcription

1 Version 1: 21/06/2013

2 INTRODUCTION The Matalan Footwear hanger range is designed to enhance the sales floor experience for our shared consumers. This manual has been developed to help both our garment manufacturers and Matalan merchandisers to understand the requirements of these new footwear hangers. It is the Matalan buying office s (the Merchants) responsibility to decide what footwear will require the use of a hanger. The vendor will then be required to use the required hanger. IMPORTANT NOTICE: Matalan has appointed the TIC GROUP as its footwear supplier for this new range. Matalan requires that all footwear suppliers to purchase all footwear hangers exclusively from the TIC GROUP. Contact details for TIC GROUP follow in this manual. It must be stated that vendors who do not ship merchandise on the required hanger may incur charge backs and have goods returned as non compliant. Additionally any suppliers that use counterfeit hangers may incur charge backs and fines for using unauthorised packaging. The hanger designs are the registered design of TIC Group. Suppliers are not permitted to copy or reproduce these by any means. You are also requested to advise Matalan of any companies that may be supplying counterfeit hangers

3 ORDERING Matalan requests that suppliers place orders by accessing the TIC GROUP website and follow the prompts. To use the online ordering system suppliers must be registered with TIC GROUP, and be issued with a password. Vendors will receive their password upon successful completion of the TIC GROUP Customer Registration Form. (See attached application) All orders placed online will be automatically confirmed by return . All orders will be rounded up to the nearest full carton. It is the Supplier s/ Agent /or vendor s responsibility to ensure that the hangers specified by this manual are properly applied, i.e. correct hanger type applied to the correct footwear. Orders should be placed on-line by logging on to and follow the prompts. All orders placed online will be automatically confirmed by return . Important Note for China only: Chinese Customs Documentation supporting the export of these hangers must be supplied to TIC before orders can be processed. Allow 14 days lead time when placing orders to TIC GROUP.

4 CUSTOMS Europe Suppliers/Importers Importers should ensure that the hanger cost is shown separately on Import Invoices and as a separate entry on the Import Duty Warrant under tariff item at relevant duty. All apparel merchandise invoices must include a declaration as per the following example: Example: The unit cost of hangers, of Chinese origin, included on order is US$0.15 each and this cost is included in the invoice cost per unit of the product. Overseas suppliers and European importers should ensure that the hanger cost (per unit) and hanger origin is shown on the invoice. If you have any questions, please contact the TIC GROUP office. We suggest that you also consult with your Customs Agent. Hong Kong and China Upon receipt of orders at TIC GROUP, an is sent to Suppliers, requesting a copy of their Customs Documentation

5 PAYMENT TERMS Suppliers / Importers to Matalan. Suppliers must complete the Customer Registration Form and submit to TIC GROUP. Unless otherwise agreed upon by TIC GROUP, all suppliers will be required to pay for goods prior to delivery, IE. Payment Pre Delivery (PPD). All invoices must be paid in full with no discounts deducted. When making payment a remittance payment with full payment details with order and invoice numbers are required. Suppliers please note that TIC banking details are clearly displayed on all TIC GROUP invoices.

6 APPLICATION FORM CUSTOMER REGISTRATION FORM. TRADING DETAILS: Supplier Code:... Trading Name:..... Trading Address: Postcode/Zip Code:.. Phone: Fax: COMPANY DETAILS (Complete this Section) HK Company Name: HK Registered Address:......Phone:..... Business License Number / EIN Number.... DETAILS OF DIRECTORS: Name:.. Private Address:.. Phone:. Name: Private Address: Phone:..

7 APPLICATION FORM PLEASE READ CAREFULLY BEFORE SIGNING 1. To request Credit please contact TIC GROUP. Credit will only be given to Matalan suppliers that meet TIC Group Ltd. credit requirements. If credit is approved by TIC GROUP, terms of payment are 30 days from invoice; no further deliveries will be made. 2. All other suppliers must pre-pay for their hangers and accessories. 3. TIC Group Ltd. reserves the right to withhold deliveries of hangers and accessories if the supplier has not prepaid for their hangers and accessories. 4. TIC Group Ltd. reserves the right to withhold deliveries of hangers and accessories if a supplier granted credit has not settled outstanding invoices within their agreed terms of payments with TIC Group Ltd. 5. By signing on this from, you agree to and accept the attached terms and conditions of supply and licence fully and unconditionally. Dated the: day of COMPANY CHOP HERE TIC Group Limited. Unit 3,5,6 and 7, 29/F Saxon Tower Lai Chi Kok, KOWLOON HONG KONG Your Authorised TIC Webpage Password Signed Position Dated

8 Terms & Conditions TERMS AND CONDITIONS OF SUPPLY AND LICENCE 1. Definitions In these Conditions: Company means TIC Group Limited (TIC) or any of its related entities or subsidiaries. Contract means the agreement between the Company and the Customer with respect to the supply and Licence of the Goods. Customer means the person seeking the supply of the goods and where the context permits the licensee. Goods means the goods (including any instalment of the goods or any parts of or for them) which the Company is to supply in accordance with these Conditions. Licence means the terms upon which the Customer may use the Goods Price and Purchase Price means the amounts payable by the Customer to the Company with respect to the supply and use of the Goods Matalan means Matalan Retail Limited Writing includes without limitation facsimile transmission, electronic and comparable means of communication. 2. Formation of Contract 2.1 A Contract will be created only when the Company accepts the Customer s order or the Customer accepts the Company s quotation subject in each case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions. 2.2 Acceptance in full of these Conditions is confirmed by the Customer ordering Goods from the Company. 2.3 The Company may refuse any order. 2.4 Representations made by the Company s agents or representatives are only valid when confirmed in writing by a Director of the Company and the Customer acknowledges that it does not rely on and waives any claim for breach of any representations not so confirmed. 2.5 Any variation of the Contract shall be effective only if agreed in writing by a Director of the Company. Any typographical or other error or omission in any sales literature, quotation or Price list shall be subject to correction without liability on the part of the Company. The quantity, quality and description of and any specification for the Goods shall be set out in the quotation or the order (whichever is accepted). 2.6 The Customer shall provide to the Company all information and documentation necessary to enable it to perform the Contract; if it does not the Company shall have such additional time, without liability, to perform the Contract as may be required.

9 Terms & Conditions 3. Licence 3.1 The Customer acknowledges that in seeking and accepting the supply and by payment of the Price of the Goods it is acquiring a Licence to use the Goods solely for the purpose of supplying garments for sale to Matalan or its agents and the Goods must not be used for any other purpose or be supplied to any other retailer or third party 3.2 The Customer as Licensee shall at all times hold the Goods as the Company s and Matalan s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as TIC s property. 3.3 The Price paid to the Company for the Goods is comprised of a Licence fee including handling fees and delivery charges and is payable to the Company. 3.4 The Licence may be terminated at the sole discretion of TIC and in any event is terminated upon delivery of Goods to TIC or its authorised representative. 3.5 Upon termination of Licence for any reason (other than by delivery of the Goods to Matalan the Goods shall be returned to Matalan or the Company at the expense of the Customer. 4. Price 4.1 The Customer shall provide to the Company all information and documentation necessary to enable it to perform the Contract including any customs clearances; if it does not the Company shall have such additional time to perform the Contract as may be required and the Company shall not be liable in any way for any delay arising from the Customer s default in this respect 4.2 All orders are accepted and quotations made on the basis that the Goods will be charged at the Prices ruling at the time of dispatch. All Prices quoted remain valid for thirty days. 4.3 The Customer shall make payment in full in Hong Kong Dollars or US Dollars at the Company s office, clear of any banking charges and without deduction set off or counter-claim on or before delivery or such other date as otherwise notified by the Company in writing 4.4 The Company may recover the Price notwithstanding delivery has not taken place 4.5 Time of payment shall be the essence of the Contract and the Company may charge interest at the rate of 2% per month on all amounts overdue. The Customer will indemnify the Company in respect of all costs incurred in the collection of overdue amounts 4.6 If the Customer fails to make any payment on the due date then the Company (without prejudice to its other remedies) may cancel the Contract and all other contracts and suspend deliveries to the Customer and appropriate any payment by the Customer to such of the Goods or those supplied under any other contract between them as the Company thinks fit 5. Samples Samples are a mere indication of the type and quality of the Goods and provision of such a sample does not constitute a Licence by sample. The Customer shall Licence the Goods at its own risk to the Goods corresponding with the said sample.

10 Terms & Conditions 6. Warranty 6.1 Subject to the conditions below the Company warrants the Goods shall be free from defects in workmanship and materials at the time of delivery; if any Goods do not confirm to this warranty, the Company will at its option replace the Goods or take such steps as the Company deems necessary to render the Goods free from such defects or take back the Goods and refund or issue a credit note for the appropriate part of the purchase Price provided the liability of the Company shall not exceed the purchase Price of the Goods and performance of any one of the above options (as limited by this proviso) shall constitute an entire discharge of the Company s liability under this warranty. 6.2 The foregoing warranty is conditional upon: (a) the Customer giving written notice to the Company of the alleged defects in the Goods such notice to be received by the Company within seven days of the time when the Customer discovers or ought reasonably to have discovered the defect and in any event within one month of delivery of the Goods; (b) the customer providing the Company a reasonable opportunity to inspect the Goods and if so requested returning (at the Customer s risk) the allegedly defective Goods to the Company or such other address as it may specify suitably packaged and carriage pre-paid within four weeks from delivery of the Goods; (c) the Customer making no further use of the Goods which are alleged to be defective after the time at which the Customer discovers that they are defective; and (d) the Customer has performed its obligations hereunder including having paid the total Price for the Goods. 7. Exclusion of liability 7.1 Save as provided above all conditions and warranties expressed or implied by HKSAR law or common law are hereby expressly excluded to the fullest extent permitted by law, and, except in respect of death or personal injury caused by the Company s negligence, the Company shall not be liable to the Customer for any loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims whatsoever which arise out of or in connection with the supply of Goods or their use by the Customer, except as expressly provided in these Conditions. 7.2 Without prejudice to the generality of sub-clause 7.1 above, all advice and recommendations given by or on behalf of the Company to the Customer as to the method of storing, applying or using the Goods, the purpose to which the Goods may be applied and the suitability of using the Goods in any process or in conjunction with any other materials are given without liability on the part of the Company, its servants or agents. 7.3 In the event that, notwithstanding the provisions of sub-clauses 7.1 and 7.2 hereof, the Company is found liable for any loss or damage, that liability shall in no event exceed the purchase Price of the Goods.

11 Terms & Conditions 8. Delivery 8.1 Whilst every effort will be made to make any advised delivery date, all such dates are approximate only and are not of the essence of the Contract and the Company accepts no liability in the case of failure to do so. The Company shall not be liable to make good any damage or loss arising directly or indirectly out of delay in delivery whether or not such delay in delivery is caused by the fault of the Company. 8.2 The Company may deliver the Goods by instalments and each such instalment shall be deemed to be sold under a separate contract and no failure of or delay in delivery of any instalment nor any defect in the contract there of shall entitle the Customer to treat the Contract as repudiated with regard to any other instalments. 8.3 If for any reason the Customer fails to accept delivery of the Goods at the time when the Goods are due and ready for delivery the Company may (without prejudice to any other claim which it may have) store the Goods until actual delivery and charge the Customer for the reasonable costs of storage (including insurance) together with the Price for such Goods. 8.4 The Customer shall notify in writing the Company of incomplete delivery within three (3) working days of such delivery or, in the case of non delivery, within five (5) working days of the date of the relevant invoice. 9. Property and risk 9.1 Risk in the Goods shall pass to the Customer upon shipment of the Goods from the Company s premises or upon the Company tendering delivery of them at its premises or the Company informing the Customer or the appointed carrier that the Goods are ready for collection, whichever is sooner. If the Company fails to deliver the Goods for any reason other than a cause beyond the Company s reasonable control or the Customer s fault and the Company is accordingly liable to the Customer, the Company s liability shall be limited to the Price. 9.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the Customer shall not be entitled to use the Goods in any way until the Company has received in cash or cleared funds payment in full of the Price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due. 9.3 The Customer as Licensee shall at all times hold the Goods as the Company s and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as TIC s property. 9.4 The Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods and the Customer hereby grants the Company an irrevocable Licence to this effect which shall survive the termination of the Contract. 9.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of TIC, but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable. 1

12 Terms & Conditions 10. Intellectual property 10.1 The Customer acknowledges that all intellectual property rights including any registerable rights are owned by TIC and that it has no rights in respect of the Goods save as described herein as a Licensee The Customer shall not copy, manufacture or reproduce in any way the Goods The Customer shall not purchase copy or counterfeit hangers from any 3rd party and recognizes that TIC hangers should only be purchased from The Company or its Agents In the event that there is any breach or alleged breach of this Clause the Company are entitled to enter the Customer s premises and recover the Goods and any examples of any copies of the Goods including any moulds or drawings in relation to such copies The customer shall not remove, deface or alter in any way any markings or identifying marks, logos on the Goods nor reproduce them in whole or in part. 11. Regulatory compliance 11.1 The Customer shall ascertain and comply with applicable laws relating to the Goods including compliance with customs declarations and formalities and shall ensure that the Goods are used only for the purposes and in the manner for which they were designed and supplied The Customer shall ensure that safe working practices are adopted and complied with and that all persons likely to come into contact with the Goods receive appropriate training and all applicable information in respect thereof and that all third parties who use or may be affected by or rely upon the Goods receive all appropriate warnings and that any warning notices displayed on the Goods are not removed, defaced or otherwise obscured and shall further pass on such obligation to any third party recipient of the Goods If the Company makes any recommendation to the Customer in respect of the Goods concerning safety after delivery the Customer shall promptly comply with the same and procure compliance by any third party The Customer shall indemnify the Company and in respect of liability in relation to any beach of the Customer s obligations under this clause or claim by any third party arising from use or operation of the Goods. 12. Termination 12.1 The Customer shall be deemed to have repudiated separately the Contract and every other contract with the Company if: (a) the Customer is in breach of its obligations under the Contract or any other agreement with the Company or makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer or the Customer ceases or threatens to cease to carry on business or where the Customer is an individual or partnership, he or any partner dies or any steps are taken with a view to making a bankruptcy order against him or any partner or any similar arrangement or process under the laws or statutes of any applicable country or state; or (b) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer; or (c) direct or indirect control of the Customer passes from the present shareholders, owners or controllers to other persons whom the Company in its absolute discretion regards as unsuitable and the Customer shall forthwith notify the Company in writing of any event mentioned in sub clauses (a) to (c) inclusive above

13 Terms & Conditions In the event of repudiation under this clause, the Company without prejudice to its other rights may (without incurring any liability to the Customer) accept the repudiation and treat any contracts with the Customer as terminated, require the Customer to deliver to the Company any such Goods or enter any premises to repossess them, and withhold further performance under any contract with the Customer until all sums owing by it have been paid and/or any moneys payable by it under any contract have been paid. 13. General The Customer shall not at any time disclose any confidential information relating to the Company including without limitation information concerning its business, business processes, products, know how, customers, marketing plans or use such information in any manner which might be detrimental to the Company The Company s rights and remedies shall not be prejudiced by any forbearance extended to the Customer and no waiver by the Company of any breach by the Customer shall operate as a waiver of any subsequent breach of the same or any other provision The unenforceability or invalidity of the whole or part of any clause, sub-clause or paragraph of these Conditions shall not affect the enforceability or validity of the remainder and if any of these Conditions or any part of them is rendered void, voidable or unenforceable for any reason it shall be void, voidable or unenforceable to that extent only and no further and the remainder of these Conditions and any Contract shall remain unaffected Any notice hereunder shall be in writing and given effectively if delivered or sent to the office of the address last known to the sender The Company shall not be liable for any failure to perform properly under the Contract if the reason for such failure is a result of an Act of God, the act of government authorities or other incidents which are beyond its reasonable control and the Company may cancel or vary the Contract as a result The Customer shall be able to cancel the Contract only with the Company s written consent; any cancellation shall be on terms specified by the Company All Contracts to which these conditions apply shall be governed and construed in accordance with HKSAR law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the HKSAR courts The paragraph headings herein are only aids to reference and shall not affect the construction of these Conditions.

14 Contact Details TIC Group Europe Ltd UK Office Suite 15, Stanta Business Centre 3 Soothouse Spring, St Albans, Herts, AL3 6PF England Telephone: matalan@ticgroupglobal.com Web: TIC Retail Accessories Pty Ltd Shanghai Office Unit E, 17/Floor, Hengji Plaza No 99 East Huaihai Road Huangpu District , Shanghai,China Telephone: extn 316 Facsimile Number: / matalan.cn@ticgroupasia.com Web: TIC Retail Accessories Pty Ltd Hong Kong Office Unit 3, 5, 6 and 7, 29/F Saxon Tower, 7 Cheung Shun Street, Lai Chi Kok, Kowloon, Hong Kong Telephone: (852) Facsimile Number: (852) matalan@ticgroupasia.com Web: TIC Retail Accessories Pty Ltd Sri Lanka No 67/1 Hudson Road Colombo 03 Sri Lanka Telephone: hangers.sl@ticgroupasia.com Web:

15 Matalan Hanger Range Product Code Image Colour Material & Description Box Quantity Footwear Profile (pcs/box) FW3162B C-section PS 162MM TOE UP HANGER (suitable for ladies court shoes, kids etc.) 1400 FW3210B C-section PS 210MM TOE UP HANGER (suitable for ladies shoes, kids trainers, larger kids sizes etc.) 800 FFF301B Flat PP FLIP FLOP HANGER (all departments) 2400 FHH315B C-section PP HEEL HANGER (toddler and kids) 1600 FHH315B-T C-section PP HEEL HANGER - tight clip version for thinner material (toddler and kids) 1600 FWHT3B Flat PP BABY FOOTWEAR HANGER 2,000 FWBC3B Flat PS BOOT CLIP 500 FWBC3B Flat PS SHELF BOOT CLIP 500