1. General – any order placed by a purchaser is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies which may be introduced in the purchaser’s order or acceptance, unless expressly agreed to by EASY-PRINT Pty Ltd (the "Company") in writing.
2. Quotations and Prices – the prices quoted are based on the Company’s estimated cost of production, manufacture or supply at the time of quotation and are subject to alteration without notice to the purchaser due to any increase in the Company’s costs between the date of quotation and the date or dates of delivery. Unless otherwise expressly agreed by the Company in writing, all goods will be charged for at the prices ruling at the date or dates of delivery.
All prices are expressed in Australian dollars and unless expressly stated otherwise:
(a) Prices quoted are exclusive of sales tax which, if applicable, will be to the purchaser’s account;
(b) Prices quoted include import duty at current ruling rates, and any variation at the time of entry into Australia shall be to the purchaser’s account;
(c) Prices quoted are based on current international monetary exchange rates, and any variation in exchange rates at the time of entry into Australia shall be to the purchaser’s account;
(d) Prices quoted are ex-works EASY-PRINT, NSW Australia.
(e) Prices quoted are exclusive of any GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 as amended ("GST Act")). If the goods and/or services being the subject of the quotation are a taxable supply for the purpose of the GST Act, in addition to paying for the goods and services, the purchaser must pay to the company the GST payable in respect of the taxable supply.
A quotation is not an offer by the Company to sell and may be withdrawn without any notice and any order given in respect of a quotation is not binding on the Company until accepted by the Company in writing.
3. Orders – orders accepted by the Company may not be cancelled or altered in whole or in part without the Company’s written consent.
The Company may decline, by written notice to the purchaser, any order in whole or in part, at any time prior to delivery of the goods or performance of the service, in which case the Company will be under no obligation in respect of the order.
4. Terms of Payment – Subject to the approval of the Company’s Credit Department, terms of payment will be net cash 30 days from date of invoice PROVIDED THAT the Company reserves the right to vary the terms of payment and to require payment in cash in full prior to delivery should the credit worthiness of the purchaser at any time become, in the Company’s opinion, unsatisfactory AND PROVIDED FURTHER THAT for purchases of capital equipment the Company requires a security deposit of 40% of the price with order.
5. Claims – any claim by the purchaser for short or wrongful delivery of the goods MUST BE NOTIFIED TO THE COMPANY IN WRITING WITHIN 14 DAYS after delivery of the goods to the purchaser and any claim which the purchaser does not notify within the time aforesaid (time being of the essence) shall be deemed to have been absolutely waived.
No goods can be returned for any reason without first obtaining a return authorisation number from the Company. Goods returned without authorisation may be subject to return to the buyer at its expense.
6. Description – any description of the goods is given by way of identification only and the use of such description shall not constitute the contract a sale by description.
7. Representation – the purchaser acknowledges that neither the Company nor any person purporting to act on its behalf has made any representation in relation to the goods or services. In particular, the purchaser acknowledges that it does not rely on the skill and judgement of the Company in supplying goods which are fit for a particular purpose, and that it will ensure that any goods supplied to it by the Company are in accordance with its order.
8. Implied Terms – it is hereby acknowledged by the Company that, under applicable State, Territory and Commonwealth law, certain conditions and warranties may be implied in the contract between the Company and the purchaser and rights and remedies conferred upon the purchaser and other parties in relation to goods or services which cannot be excluded, restricted or modified by agreement ("Non-excludable Rights"). The limitations below are subject to these Non-excludable Rights.
Subject to the above, the Company disclaims all conditions and warranties expressed or implied and all rights and remedies conferred on the purchaser or other parties by statute the common law equity trade custom or usage or otherwise howsoever and all such conditions and warranties, and all such rights and remedies are hereby expressly excluded other than any non-excludable Rights. Where so permitted, the liability of the Company for a breach of a non-excludable Right is limited, at the Company’s option, in the case of goods, to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods and, in the case of services, to the supplying of the services again or the payment of the cost of having the services supplied again.
9. Indirect Loss – subject to clause 8, in no event shall the Company be liable (whether before or after discharge of the contract or otherwise) for any loss or damage to the purchaser as the user arising from or caused or contributed to by negligence of the Company, its servants or agents, nor shall the Company be liable for special, incidental, indirect or consequential loss or damage suffered by the purchaser as user as a result of a breach by the Company of its obligations or otherwise including, but not limited to, economic or moral loss, loss of profits or revenue or costs arising from such breach.
10. Indemnity – Subject to clause 8, the purchaser shall indemnify and keep indemnified and hold the Company harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by the Company, and from and against all actions, proceedings, claims or demands made against the Company, arising from any of the following:
(a) as a result of the purchaser’s failure to:
(i) ensure that any safety markings on the goods are adequately displayed; (ii) comply with any legislation as to the labeling or marking of goods; (iii) take any other reasonable precautions either to bring to the attention of any potential users of the goods any dangers associated with goods, or to detect any matters in relation to which the Company may become liable, including, without limitation, liability under Part VA of the Trade Practices Act; or (iv) otherwise comply with any laws, rules, standards or regulations applicable in relation to the goods or the use of the goods.
(b) as a result of any other negligence or other breach of duty by the purchaser; or
(c) as a result of any compliance or adherence by the Company with any instructions of the purchaser in relation to the goods or their manner of fabrication.
11. Dies – In the sale of any die or custom logo, the results obtained therefrom may not conform to the proof the Company furnishes The purchaser and/or the end user must make and approve a test proof from the die itself before it is used. All dies are sold subject to the added condition that the Company shall not be responsible for any loss caused by inaccuracy or discrepancy beyond the actual cost price of the die.
12. Delivery – unless otherwise expressly agreed by the Company in writing the goods will be delivered ex-warehouse. Any time quoted for delivery is an estimate only and the Company shall not be liable for any loss or damage howsoever arising as a result or consequence of any failure to deliver or delay in delivery arising from any circumstances of whatsoever nature including, but without limiting the generality of the foregoing, fire flood explosion strike lock-out or other industrial act or dispute or the break-down of or accident to plant unavailability or shortage of raw materials labour power supplies or transport facilities or failure or inability to obtain licences or act of God or any order or direction of any local State or federal Government or Government authority or instrumentality. If the Company determines that it is or may be unable to deliver within a reasonable time or at all the contract may be cancelled by the Company. In the event of cancellation the purchaser shall have no claim against the Company for any damage loss cost or expense whatsoever. The purchaser shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.
Delivery shall be deemed to have been effected upon goods being made available for collection at the Company’s premises. If the Company agrees to arrange for the despatch of the Products to the Purchaser, the Purchaser acknowledges the Company may choose the carrier and all costs of delivery shall be paid by the Purchaser.
A carrier’s signed docket shall be conclusive evidence that the Product was despatched in good condition. The Company is not responsible for any loss or damage to Products in transit.
Products Despatched by the Company shall be at the Purchaser’s risk and the Company shall be under no obligation to insure the Product while in transit to the Purchaser.
13. Property and Risk –
(a) Property in the goods shall not pass from the Company to the purchaser until the purchaser has paid all monies outstanding by the purchaser to the Company on any account in full. (b) The risk of loss or of damage to the goods shall pass to the purchaser on despatch.
(c) The purchaser agrees to store the goods separately and mark them so as to render them identifiable as being or being made from or with goods which are the property of the Company.
(d) Should the goods (or any part of them) be converted into or incorporated in a new product or products (the "new products") whether or not the admixture of any other goods or thing whatsoever and in whatever proportions is involved, the conversion or incorporation (as the case may be) shall be deemed to have been effected on behalf of the Company and the new products shall be the property of the Company. The right of the purchaser to convert or incorporate the goods in a new product or products shall automatically cease if a receiver or receiver and manager is appointed over any of the purchaser’s assets or if a winding up order is made against or a resolution is passed for the winding up of the purchaser or if the Company at any time revokes such rights by notice to the purchaser.
(e) The purchaser shall have no right to sell or otherwise dispose of the goods or the new products until the price of the goods has been paid in full to the Company unless:
(i) the goods or the new products are sold in the ordinary course of the purchaser’s business; and (ii) that part of the proceeds of sales of the goods and the new products as represents the price of the goods shall be paid forthwith to the Company and until such part of the proceeds are so paid, they shall be held by the purchaser in trust for the Company.
The power of sale hereby conferred on the purchaser shall automatically cease if a receiver or receiver and manager is appointed over any of the purchaser’s assets or if a winding up order is made against or a resolution is passed for the winding up of the purchaser or if the Company at any time revokes the power of sale by notice to the purchaser.
(f) Upon determination of the purchaser’s power of sale under (e) above the Company shall become entitled to possession of the goods and the new products,. The purchaser shall place the goods and the new products at the disposal of the Company who shall be entitled to enter upon any premises of the purchaser and remove the goods and the new products.
(g) The purchaser grants to the Company, upon the Company giving notice to the purchaser, the right to bring proceedings in the name of the purchaser to recover monies owing to the purchaser as a result of sales of the goods or the new products. Any amounts recovered as a result of such proceedings shall be retained by the Company to the purchaser.
(h) If any provision of this Clause creates or constitutes a charge or other security right requiring registration under the provision of any legislation, such provision shall be severed from this Clause.
14. Installments – the Company reserves the right to deliver by installments and each installment shall be deemed to be sold under a separate contract. Failure of the Company to deliver any installment shall not entitle the purchaser to cancel the balance of the order. In the event of the purchaser making default in respect of any installments, the Company may elect to treat the default as a beach of contract relating to each other installment.
15. Default in Payment – the Company will treat any default by the purchaser in payment of any monies due to the Company as a breach of these terms and conditions.
16. Waiver – failure by the Company to insist upon strict performance of any term warranty or condition of the contract shall not be deemed as a waiver thereof or of any rights the Company may have and no express waiver shall be deemed a waiver of any subsequent breach of any term warranty and condition.
17. Purchaser’s Acknowledgement – the purchaser acknowledges that the goods are not of a kind ordinarily acquired for private use or consumption.
18. Intellectual Property Rights – the purchaser warrants that any design or instruction furnished to the Company shall not be such as will cause the Company to infringe any intellectual property rights (patents, registered designs, trademarks, copyright, confidential information and the like) in the execution of the purchaser’s order and it is specifically agreed that the sale and purchase of the goods does not confer on the purchaser any licence or rights under any intellectual property rights which are the property of the Company.
19. Subcontracting – the Company reserves the right to subcontract the production manufacture or supply of the whole or any part of the goods or of any materials or services to be supplied.
20. Notices – any notice to be given by the purchaser to the Company shall be sent to the Company’s address. No notice shall be deemed to have been given until it is actually received at such address.
21. Severance – it is agreed that if any provision of these terms and conditions should be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, and each such other provision shall remain in full force and effect.
22. Governing Law – contracts shall be governed by and construed in accordance with the laws of NSW, Australia.
For the purposes of this policy, personal information means information or opinions about an individual whose identity is apparent or can reasonably be ascertained from the information.
Collection of information
During the course of dealing with you, EASY-PRINT may collect basic personal information about you, such as your name, position, company, address, phone number and email address. We also retain information on your communications with our sales and customer service representatives.
We may also collect other specific information from you relating to the goods or services you wish to obtain.
Where practicable, the purpose for which we collect personal information and the consequences of not providing it will be made clear at the time of collection. We will advise you of any third parties to whom we may disclose that information (see "Disclosing information" below).
|(a)||to provide the product or service you have requested or to answer your inquiry;|
|(b)||to third parties where we have retained those third parties to assist us to provide the products or services you have requested. For example we occasionally have contracts with third parties to assist us with marketing services, and mail outs;|
|(c)||for direct marketing of products or services. If we contact you in this way without obtaining your prior consent, we will provide you with the opportunity to decline any further marketing communications (see "Opt out" below);|
|(d)||where otherwise legally permitted|
EASY-PRINT may collect and use personal information for the direct marketing of products or services. If we contact you in this way without obtaining your prior consent, we will provide you with the opportunity to opt out of any further marketing communications.
Quality of information
EASY-PRINT will take reasonable steps to ensure that the information we collect, use and disclose is accurate, complete and up to date.
EASY-PRINT will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purpose for which it was collected or any related purpose.
EASY-PRINT are committed to protecting your privacy and will take reasonable steps to ensure that the information we collect is protected from loss and misuse and from unauthorised access, modification and disclosure.
The Internet is not always a secure method of transmitting information. Accordingly, EASY-PRINT cannot accept responsibility for the security of information you send to or receive from us over the Internet or for any unauthorised access or use of that information.
Access to the information we hold
You can access the personal information that EASY-PRINT holds about you by contacting the EASY-PRINT Privacy Officer as set out below. We will provide you with a copy of your personal information unless we are legally authorised to refuse your request.
If you wish to change personal information that is out of date or inaccurate at any time please contact us. After notice from you, we will take reasonable steps to correct any of your information which is inaccurate, incomplete or out of date. If you wish to have your personal information deleted please let us know and we will delete that information wherever practicable.
We may refuse your request to access, amend or delete your personal information in certain circumstances. If we do refuse your request, we will provide you with a reason for our decision and, in the case of amendment, we will note with your personal information that you have disputed its accuracy.
Availability of policy
EASY-PRINT Pty Limited
Ph. 1800 006 706