Abel Labels Hobart

28 Patriarch Drive, Kingston Tas 7050
03 6234 2234

Terms and Conditions

 

  1. Definitions

    1. “Printer” means Agnes Enterprises Pty Ltd ATF Cowen Business Trust T/A Abel Labels, its successors and assigns or any person acting on behalf of and with the authority of Agnes Enterprises Pty Ltd ATF Cowen Business Trust T/A Abel Labels.

    2. “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting the Printer to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

      1. if there is more than one Customer, is a reference to each Customer jointly and severally; and

      2. if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and

      3. includes the Customer’s executors, administrators, successors and permitted assigns.

    3. “Goods” means all Goods (including labels, printers, graphics, designs, drawings or materials) or Services supplied by the Printer to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

    4. “Copy” shall mean any manuscript, general copy, graphics, logo and other digital display material and/or content supplied by the Customer for the supply of the Goods.

    5. “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between the Printer and the Customer in accordance with clause 5 below.

    6. “Prohibited Content” means any Copy that:

      1. is, or could reasonably be considered to be, in breach of the Broadcast Act 1989; the Fair Trading Act 1986; or any other applicable law or applicable industry code; or

      2. contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or

      3. is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights.

    7. “Business Day” means a day on which banks are open for general banking business in the State or Territory in which the Printer’s premises are located.

    8. “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

 

 

 

  1. Acceptance

    1. In these terms and conditions:

      1. headings are for convenient reference only and so affect interpretation; and

      2. unless the context otherwise required:

        1. the singular includes the plural and vice versa;

        2. a reference to a clause is a reference to a clause of these terms and conditions;

        3. a reference to a party to these terms and conditions, or any other document or arrangement, includes that party’s executors, administrators, successors and permitted assigns;

        4. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

        5. a reference to a period of time (including, without limitation, a year, quarter, month and/or a day) is to a calendar period.

    2. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer either accepts the Printer’s quotation or places an order for, or accepts Delivery.

    3. These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Customer and the Printer.

    4. Goods supplied by the Printer are subject to availability and only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

    5. If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:

      1. if it involves payment (other than a payment which is due on demand) must be done on the proceeding Business Day; and

      2. in all other cases, may be done on the next Business Day.

    6. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 7 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

 

 

  1. Errors and Omissions

    1. The Customer acknowledges and accepts that the Printer shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

      1. resulting from an inadvertent mistake made by the Printer in the formation and/or administration of this contract; and/or

      2. contained in/omitted from any literature (hard copy and/or electronic) supplied by the Printer in respect of the Services.

    2. In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of the Printer; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.

 

 

 

  1. Change in Control

    1. The Customer shall give the Printer not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Printer as a result of the Customer’s failure to comply with this clause.

 

 

 

  1. Price and Payment

    1. At the Printer’s sole discretion the Price shall be either:

      1. as indicated on any invoice provided by the Printer to the Customer; or

      2. the Printer’s quoted price (subject to clause 6) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days. The Printer need not commence work until the quotation has been accepted by the Customer

    2. Once accepted by the Customer (either verbally or written), the Printer’s quotation shall be deemed to interpret correctly the Customer’s instructions. Where verbal instructions only are received from the Customer due to a variation (subject to clause 6) then the Printer shall not be responsible for errors or omissions due to any oversight or misinterpretation of those instructions.

    3. At the Printer’s sole discretion, a non-refundable deposit may be required.

    4. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Printer, which may be:

      1. in the event the Printer is of the view that the completion of the Goods will take more than a month, by the issue of one or more invoices for a proportion of the Price (the proportion amount being at the Printer’s sole discretion); or

      2. if the supply of the Goods is suspended for more than thirty (30) days at the request of the Customer, or as a result of something which the Customer is responsible, by the issue of an invoice for a particular sum (to be specified by the Printer) for work already done and for other costs incurred by the Printer (such as storage costs); or

      3. the date specified on any invoice or other form as being the date for payment; or

      4. failing any notice to the contrary, the date which is thirty (30) days following the end of the month in which invoice(s) and/or statement are posted to the Customer’s address or address for notices.

    5. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card, or by any other method as agreed to between the Customer and the Printer.

    6. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Printer nor to withhold payment of any invoice because part of that invoice is in dispute.

    7. Unless otherwise stated, all amounts expressed or described in these terms and conditions are inclusive of GST.

 

 

 

  1. Variations

    1. The Printer reserves the right to change the Price if a variation to the Printer’s quotation is requested, including:

      1. any additional Services or cost caused by any variation, alteration or modification by the Customer of the Customer’s original instructions, or by the Copy being, in the Printer’s opinion, poorly prepared, or by the Customer’s requirements being different from those originally submitted or described;

      2. all Services carried out whether experimentally, or otherwise, at the Customer’s express or implied request, or which is necessary to enable the Goods to be supplied and which was not within the reasonable contemplation of the Printer at the time when the Printer supplied their quotation;

      3. any tabulated work and/or foreign language included in the job but not contained in the Copy originally submitted;

      4. additional Services required to be done as a result of author’s corrections, including repagination or reformatting;

      5. Services required to be done urgently, including any overtime costs;

      6. handling and/or storing materials or equipment supplied by the Customer for the purposes of the supply of Goods by the Printer;

      7. any materials and/or services not normally stocked or supplied by adgraohix and/or specifically requested by the Customer, obtained for the purposes of the supply of Goods (including typefaces, bromides, film, plates, ornaments or artwork);

      8. additional Services and/or proofs required when style, type or layout is left to the Printer’s judgement (including where the Customer does not give the Printer specific instructions relating thereto), and the Customer requests subsequent alterations;

      9. any change or correction to any plates, film, bromides, artwork and/or any document (including computer files) supplied by the Customer, and deemed necessary by the Printer to ensure correctly finished work;

      10. any increase in the Printer’s costs, including labour, materials and freight costs and charges (or any costs incurred by the Printer in removing the Goods from their premises, whether by way of actual or attempted Delivery to the Customer or otherwise), which are outside the control of the Printer.

    2. Variations will be charged for on the basis of the Printer’s quotation, and will be detailed in writing, and shown as variations on the Printer’s invoice. The Customer shall be required to respond to any variation submitted by the Printer within ten (10) working days. Failure to do so will entitle the Printer to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

 

 

 

  1. Periodicals

    1. If the contract between the Printer and the Customer relates to more than one (1) issue of a periodical:

      1. each issue will, for the purposes of these terms and conditions, be considered to be one order;

      2. subject to sub-clause (c), a party may not terminate a contract to which these terms and conditions apply unless:

        1. in the case of periodicals published weekly or more frequently, that party has given four (4) weeks notice of that party’s intention to terminate the contract;

        2. in the case of periodicals published fortnightly or more frequently (but less frequently than weekly), that party has given eight (8) weeks notice of that party’s intention to terminate the contract;

        3. in the case of periodicals published less frequently than fortnightly, that party has given thirteen (13) weeks notice of that party’s intention to terminate the contract.

      3. notwithstanding sub-clause b, the Printer may terminate the contract at any time if the Customer is in breach of any of provision of these terms and conditions relating to payment.

 

 

 

  1. Overset Matter

    1. The Customer must pay for any Overset Matter (being Goods produced on the Customer’s instructions but not used in a publication for which it was intended). The Customer may instruct the Printer to retain Overset Matter for future issues of the publication or to discard the Overset Matter.

 

 

 

  1. Samples and Proof Reading

    1. The Printer is under no obligation to provide samples of the Goods ordered other than by virtual (computerised) sample. Whilst every effort will be taken by the Printer to match virtual colours with physical colours, the Printer will take no responsibility for any variation between virtual samples and the supplied Goods. Should a physical sample be required, this will be provided on request by the Customer and will be charged for as an extra in accordance with clause 6.

    2. Whilst every care is taken by the Printer to carry out the instructions of the Customer, it is the Customer’s responsibility to undertake a final proof reading of the Goods. The Printer shall be under no liability whatever for any errors not corrected by the Customer in the final proof reading, and should the Customer’s alterations require additional proofs this shall be invoiced as a variation in accordance with clause 6.

 

 

 

  1. Delivery

    1. Delivery of the Goods (“Delivery”) is taken to occur at the time that:

      1. the Printer notifies the Customer that the Goods are ready for collection; or

      2. the Printer (or the Printer’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address. At the Printer’s sole discretion, the cost of delivering the Goods shall be charged to the Customer in addition to the Price.

    2. Any time specified by the Printer for delivery of the Goods is an estimate only. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. The Printer will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. In the event that the Customer is unable to take delivery of the Goods as arranged then the Printer shall be entitled to charge a reasonable fee for redelivery and/or storage. The Printer may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

    3. The Customer acknowledges that whilst the Printer will make every endeavour to produce the exact quantity of Goods as specified in the quotation (or any other document), owing to human and/or machine/computer error the quantity actually produced may be ten percent (10%) over or under the quantity specified therein. Where such a discrepancy occurs the Printer will adjust the Price pro rata to reflect the actual quantity produced.

    4. The Printer will not be responsible for storing any data on disks, tapes, compact disks or other media when the Goods have been completed. If the Printer agrees to store such data, the Printer may charge for doing so.

 

 

 

  1. Risk

    1. Subject to clause 17.1, risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.

    2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Customer, the Printer is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Printer is sufficient evidence of the Printer’s rights to receive the insurance proceeds without the need for any person dealing with the Printer to make further enquiries.

    3. If the Customer requests the Printer to leave Goods outside the Printer’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.

 

 

 

  1. Customer’s Property and Materials Supplied by Customer

    1. Where the Customer supplies materials and/or equipment to the Printer for the supply of the Goods:

      1. adequate quantities shall be supplied to allow for spoilage, such quantity to be specified by the Printer. The Printer will not normally count or check the materials and if requested by the Customer to do so, may additionally charge the Customer for counting and checking; and

      2. the Printer accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials.

    2. In the case of property, Copy, materials and/or equipment left with the Printer without specific instructions, the Printer shall be free to dispose of them at the end of twelve (12) months after receiving them, and to accept and retain the proceeds, if any, to cover the Printer’s own costs in storing and handling them.

    3. The Printer has no obligation to insure any property of the Customer in the Printer’s possession. The Customer must pay the cost of any insurance arranged by the Printer at the request of the Customer.

    4. The Printer shall, in respect of all sums owed by the Customer to the Printer hereunder, have a general lien on all property of the Customer in their possession and may, after fourteen (14) days’ notice to the Customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the Customer’s property held by the Printer as aforesaid enjoys copyright protection in favour of the Customer, the Customer hereby grants to the Printer a licence to exercise the rights conferred on the Printer under this clause.

 

 

 

  1. Copy

    1. The Customer acknowledges that all Copy supplied to the Printer is subject to the approval of the Printer and may, regardless of prior approval, be rejected and removed by the Printer.

    2. The Customer warrants that all Copy supplied to the Printer to be used for the supply of the Goods shall:

      1. be true and correct in every particular; and

      2. does not contain Prohibited Content; and

      3. be non-political and non-religious by nature, and suitable for viewer of all ages; and

      4. not be, nor contain, anything that is defamatory of any person or is indecent or obscene; and

      5. complies with all laws, regulations, codes of practice, guidelines and any standards applicable to the advertising industry and as determined by any relevant regulatory agency or industry self-regulatory body (including, but not limited to, the Fair Trading Act 1986, and the Advertising Code of Ethics and Advertising Standards Authority (ASA)); and

      6. does not infringe copyright, trademark or any other legal rights of another person and/or entity; and

      7. does not contain anything which may give rise to any cause of action by a third against the Printer (including, but not limited to, material that may cause damage or injury to any person and/or entity); and

      8. is not false or misleading and is true in substance and in fact; and

      9. not contain nor constitute a statement that is misleading or deceptive or likely to deceive or to mislead or which is otherwise in breach of a provision of the Fair Trading Act 1986 or any other applicable legislation.

    3. The Customer shall indemnify, and keep indemnified, the Printer at all times against all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, losses, losses of profit, damages and expenses whatsoever which may be taken against the Printer, or incurred or become payable by the Printer, resulting or arising from the Customer being in breach of clause 13.1

    4. The Printer reserves the right to refuse to accept any Copy submitted by the Customer that does not comply with clause 13.1.

 

 

 

  1. Title

    1. The Printer and the Customer agree that ownership of the Goods shall not pass until:

      1. the Customer has paid the Printer all amounts owing to the Printer; and

      2. the Customer has met all of its other obligations to the Printer.

    2. Receipt by the Printer of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

    3. It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 14.1:

      1. that the Customer is only a bailee of the Goods and must return the Goods to the Printer on request.

      2. the Customer holds the benefit of the Customer’s insurance of the Goods on trust for the Printer and must pay to the Printer the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

      3. the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Printer and must pay or deliver the proceeds to the Printer on demand.

      4. the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Printer and must sell, dispose of or return the resulting product to the Printer as it so directs.

      5. the Customer irrevocably authorises the Printer to enter any premises where the Printer believes the Goods are kept and recover possession of the Goods.

      6. the Printer may recover possession of any Goods in transit whether or not delivery has occurred.

      7. the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Printer.

      8. the Printer may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

 

 

 

  1. Personal Property Securities Act 2009 (“PPSA”)

    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

    2. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Printer to the Customer.

    3. The Customer undertakes to:

      1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Printer may reasonably require to;

        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

        2. register any other document required to be registered by the PPSA; or

        3. correct a defect in a statement referred to in clause 15.3ai or 15.3aii;

      2. indemnify, and upon demand reimburse, the Printer for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

      3. not register a financing change statement in respect of a security interest without the prior written consent of the Printer;

      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Printer;

      5. immediately advise the Printer of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

    4. The Printer and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

    5. The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

    6. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

    7. Unless otherwise agreed to in writing by the Printer, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

    8. The Customer must unconditionally ratify any actions taken by the Printer under clauses 15.3 to 15.5.

    9. Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

 

 

  1. Security and Charge

    1. In consideration of the Printer agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

    2. The Customer indemnifies the Printer from and against all the Printer’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Printer’s rights under this clause.

    3. The Customer irrevocably appoints the Printer and each director of the Printer as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14.1 including, but not limited to, signing any document on the Customer’s behalf.

 

 

 

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

    1. The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Printer in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Printer to inspect the Goods.

    2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

    3. The Printer acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

    4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Printer makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Printer’s liability in respect of these warranties is limited to the fullest extent permitted by law.

    5. If the Customer is a consumer within the meaning of the CCA, the Printer’s liability is limited to the extent permitted by section 64A of Schedule 2.

    6. If the Printer is required to replace the Goods under this clause or the CCA, but is unable to do so, the Printer may refund any money the Customer has paid for the Goods.

    7. If the Customer is not a consumer within the meaning of the CCA, the Printer’s liability for any defect or damage in the Goods is:

      1. limited to the value of any express warranty or warranty card provided to the Customer by the Printer at the Printer’s sole discretion;

      2. limited to any warranty to which the Printer is entitled, if the Printer did not manufacture the Goods;

      3. otherwise negated absolutely.

    8. Subject to this clause 17, returns will only be accepted provided that:

      1. the Customer has complied with the provisions of clause 17.1; and

      2. the Printer has agreed that the Goods are defective; and

      3. the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

      4. the Goods are returned in as close a condition to that in which they were delivered as is possible.

    9. Notwithstanding clauses 17.1 to 17.8 but subject to the CCA, the Printer shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

      1. the Customer failing to properly maintain or store any Goods;

      2. the Customer using the Goods for any purpose other than that for which they were designed;

      3. the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

      4. the Customer failing to follow any instructions or guidelines provided by the Printer;

      5. fair wear and tear, any accident, or act of God.

    10. Notwithstanding anything contained in this clause if the Printer is required by a law to accept a return then the Printer will only accept a return on the conditions imposed by that law.

 

 

 

  1. Intellectual Property and Confidentiality

    1. Unless the parties agree otherwise, drawings, sketches, paintings, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by adgrahix in the course of, or in preparation for, supplying the Goods (whether or not in fact used for the purposes of supplying the Goods) are the property of the Printer.

    2. The Customer must keep confidential and not use any ideas communicated by the Printer to the Customer without the Printer’s written consent.

    3. All disks, tapes, compact disks or other media (other than media supplied by the Customer) used by the Printer to store data for the purposes of supplying the Goods are the property of the Printer. The Customer cannot require the Printer to supply to the Customer any data so stored. In the event that the Printer does supply any data so stored or created, the Printer may charge for supplying such data to the Customer.

    4. Copyright in all artistic and literary works authored by the Printer shall be the property of the Printer.

    5. The Customer:

      1. warrants that the Customer has copyright in or a licence to authorise the Printer to reproduce, all artistic and literary works supplied by the Customer to the Printer for the purposes of supplying the Goods and the Customer hereby expressly authorises the Printer to reproduce all and any of such works for the purposes aforesaid;

      2. hereby indemnifies and agrees to keep indemnified the Printer against all liability, losses or expenses incurred thereby in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

    6. The Customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by the Printer for the purposes of supplying the Goods however the exercise of such licence shall be conditional upon the Printer having received all monies due to the printer under these terms and conditions.

    7. The Customer agrees that the Printer may (at no cost) use for the purposes of marketing or entry into any competition, any Goods which the Printer has created for the Customer.

 

 

 

 

 

 

 

  1. Default and Consequences of Default

    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Printer’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

    2. If the Customer owes the Printer any money the Customer shall indemnify the Printer from and against all costs and disbursements incurred by the Printer in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Printer’s contract default fee, and bank dishonour fees).

    3. Further to any other rights or remedies the Printer may have under this contract, if a Customer has made payment to the Printer, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Printer under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this contract.

    4. Without prejudice to the Printer’s other remedies at law the Printer shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Printer shall, whether or not due for payment, become immediately payable if:

      1. any money payable to the Printer becomes overdue, or in the Printer’s opinion the Customer will be unable to make a payment when it falls due;

      2. the Customer has exceeded any applicable credit limit provided by the Printer;

      3. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

      4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

 

 

 

  1. Cancellation

    1. Without prejudice to any other remedies the Printer may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Printer may suspend or terminate the supply of Goods to the Customer. The Printer will not be liable to the Customer for any loss or damage the Customer suffers because the Printer has exercised its rights under this clause.

    2. The Printer may cancel any contract to which these terms and conditions apply or cancel supply of the Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Printer shall repay to the Customer any money paid by the Customer for the Goods. The Printer shall not be liable for any loss or damage whatsoever arising from such cancellation.

    3. In the event that the Customer cancels the supply of the Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Printer as a direct result of the cancellation (including, but not limited to, any loss of profits).

    4. Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

 

 

 

  1. Privacy Act 1988

    1. The Customer agrees for the Printer to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by the Printer.

    2. The Customer agrees that the Printer may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:

      1. to assess an application by the Customer; and/or

      2. to notify other credit providers of a default by the Customer; and/or

      3. to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or

      4. to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.

    3. The Customer consents to the Printer being given a consumer credit report to collect overdue payment on commercial credit.

    4. The Customer agrees that personal credit information provided may be used and retained by the Printer for the following purposes (and for other agreed purposes or required by):

      1. the provision of Goods; and/or

      2. analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or

      3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or

      4. enabling the collection of amounts outstanding in relation to the Goods.

    5. The Printer may give information about the Customer to a CRB for the following purposes:

      1. to obtain a consumer credit report;

      2. allow the CRB to create or maintain a credit information file about the Customer including credit history.

    6. The information given to the CRB may include:

      1. personal information as outlined in 21.1 above;

      2. name of the credit provider and that the Printer is a current credit provider to the Customer;

      3. whether the credit provider is a licensee;

      4. type of consumer credit;

      5. details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

      6. advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Printer has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);

      7. information that, in the opinion of the Printer, the Customer has committed a serious credit infringement;

      8. advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

    7. The Customer shall have the right to request (by e-mail) from the Printer:

      1. a copy of the information about the Customer retained by the Printer and the right to request that the Printer correct any incorrect information; and

      2. that the Printer does not disclose any personal information about the Customer for the purpose of direct marketing.

    8. The Printer will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

    9. The Customer can make a privacy complaint by contacting the Printer via e-mail. The Printer will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

 

 

 

  1. Limitation of Liability and Indemnity

    1. Subject to clause 17, the Printer accepts no liability whatsoever for any defect, error or omission in any Goods approved by the Customer, and will not be responsible for any costs or losses incurred by the Customer by reason of any error in the Goods (including, but not limited to, offering any refund or credit).

    2. The Customer agrees to indemnify the Printer, their employees, agents and affiliates (and their employees and agents) against any action, claim, loss or expense arising from the Goods, or cancellation, or failure to deliver the Goods, and all costs, losses and expenses suffered or incurred by the Printer, its employees, agents and affiliates (and their employees and agents) as a result of any breach by the Customer of these conditions or any other agreement between the Customer and the Printer.

    3. The Customer acknowledges that, due to the nature of digital display, technical difficulties may arise which could prevent the supply of the Goods; and the Customer, therefore, agrees to indemnify the Printer against any costs or losses incurred by the Customer as a result of this.

    4. Without limiting the generality of the foregoing clauses, the Printer will not be liable to the Customer for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the Customer to the Printer.

    5. Subject to clause 22.4, the Printer will not be liable for the damage, loss or destruction of any property of the Customer in the Printer’s possession unless the loss or damage is due to the failure of the Printer to exercise due care and skill in handling and/or storing the property.

    6. Where the Printer acquires materials and/or services from a third party for the purposes of supplying the Goods they do so as an agent for the Customer and not as principal, and will have no liability:

      1. to the Customer in relation to the supply of those materials and/or services. Any claim by the Customer in relation to the supply of those materials and/or services must be made directly against the third party;

      2. for a breach of these terms and conditions if that breach is a result of, or connected with, the supply by a third party of any materials and services.

 

 

 

  1. Service of Notices

    1. Any written notice given under this contract shall be deemed to have been given and received:

      1. by handing the notice to the other party, in person;

      2. by leaving it at the address of the other party as stated in this contract;

      3. by sending it by registered post to the address of the other party as stated in this contract;

      4. if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;

      5. if sent by email to the other party’s last known email address.

    2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

 

 

  1. Trusts

    1. If the Customer at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Printer may have notice of the Trust, the Customer covenants with the Printer as follows:

      1. the contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;

      2. the Customer has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.

      3. The Customer will not without consent in writing of the Printer (the Printer will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;

        1. the removal, replacement or retirement of the Customer as trustee of the Trust;

        2. any alteration to or variation of the terms of the Trust;

        3. any advancement or distribution of capital of the Trust; or

        4. any resettlement of the trust property.

 

 

 

  1. General

    1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

    2. These terms and conditions and any contract to which they apply shall be governed by the laws of Tasmania, the state in which the Printer has its principal place of business, and are subject to the jurisdiction of the Courts in that state.

    3. Subject to clause 17, the Printer shall be under no liability whatsoever to the Customer for any indirect, special and/or consequential loss and/or expense (including loss of profit, revenue, business, contracts or anticipated savings, or resulting from a claims by a third party) suffered by the Customer arising out of a breach by the Printer of these terms and conditions (alternatively the Printer’s liability shall be limited to damages which under no circumstances shall exceed the Price).

    4. The Printer may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customer’s consent.

    5. The Customer cannot licence or assign without the written approval of the Printer.

    6. The Printer may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of the Printer’s sub-contractors without the authority of the Printer.

    7. The Customer agrees that the Printer may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for the Printer to provide Goods to the Customer.

    8. Neither party shall be liable for any default due to war, terrorism, industrial action, fire, flood, storm, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, the inability of the Printer’s normal suppliers to supply necessary materials, or other event beyond the reasonable control of either party.

    9. Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.