Offset • Web • Large Format
Digital • Direct mail • Magazines or Catalogues
Signage • Point of Sale
Tradeshow / Event collateral
- TERMS AND CONDITIONS OF TRADE
- 1. Interpretation
1.1 Unless otherwise inconsistent with the context the word “person” shall include a corporation:
1.2 ‘goods’ shall include services.
1.3 Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
1.4 “customer” shall mean the person named as “The Applicant” on the credit application annexed hereto.
- 2. Offer and Acceptance
2.1 Any quotation made by the ACS Print Group is not an offer to sell or to provide goods. The ACS Print Group shall not be bound by any given in pursuance of any quotation until it is accepted in writing. All orders are subject to acceptance by the ACS Print Group within thirty (30) days of receipt by the ACS Print Group of the order. These terms and conditions shall be deemed to be incorporated into any agreement between the ACS Print Group and the customer. Any terms and conditions contained shall be deemed to be offer, acceptance or other document of the customer and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
2.2 Insofar as goods or services supplied by the ACS Print Group are not of a kind ordinarily acquired for personal domestic or household consumption, the liability for breach of a condition or warranty, implied into this contract by the Sale of Goods Act or the Trade Practices Act (other than a condition implied by Section 69) is limited.
- (a) in the case of goods to any one of the following as determined by the ACS Print Group:
- (i) the refund of the price paid by the customer for the goods or the issue of a credit note for such amount; or
- (ii) the replacement of the goods or the supply of equivalent goods; or
- (iii) the repair of the goods; or
- (iv) the payment of the cost of replacing the goods or at acquiring equivalent goods; or
- (v) the payment of the costs of having the goods repaired;
- (b) in the case of services to any one of the following as determined by the ACS Print Group
- (a.i) the supplying of the services again; or
- (a.ii) the payment of the cost of having the services supplied again.
- 3. Delivery
3.1 Any date quoted for delivery (“the quoted date”) is an estimate only and unless a guarantee shall be given by ACS Print Group in writing providing for liquid damages for failure to delivery by the quoted date the ACS Print Group shall not be liable to the customer for any loss or damage howsoever arising even if arising out of the negligence of the ACS Print Group for failure to deliver on or before the quoted date. The customer shall accept and pay for goods if and when tendered notwithstanding any failure by the ACS Print Group to deliver by the quoted date. Written advice to the customer that goods are ready for deliver whether in whole or in part shall constitute tendering and the terms of payment shall apply.
3.2 The ACS Print Group shall not be liable to any customer or any other party for direct or indirect or consequential injury, loss or damage whatsoever by reason or any delay in delivery whether the same is due to the negligence of the ACS Print Group or any other party, strike or any other industrial action be it of the ACS Print Group or other party or any other cause whatsoever.
3.3 The ACS Print Group reserves the right to deliver by instalments. If delivery is made by instalments the customer shall not be entitled:
- (a) to terminate or cancel the contract: or
- (b) to any claim, loss or damage howsoever arising failure by the ACS Print Group to deliver any instalments on or before the quoted date.
- 3.4 It is agreed that the ACS Print Group shall not be responsible for the delay in delivery caused by, or in any way incidental to an act of God, war, fire, breakages of machinery, strikes or arising out of any other unexpected exceptional cause, or any cause beyond reasonable control of the ACS Print Group.
- 3.5 Any quotation containing a provision to supply goods “ex stock” is subject to fulfilment of prior orders at the date of receipt of the customer’s order.
- 4. Payment
4.1 Unless otherwise agreed in writing payment terms are net cash either 7, 14, 21 or 30 days from the end of the month in which the goods are invoiced to the customer.
4.2 This term as to the payment shall be of the essence of the contract.
- 5. Title
5.1 Notwithstanding the delivery of the goods or part thereof, all goods sold by the ACS Print Group in the possession of the customer and whether some goods have been paid for or not, remain the sole and absolute property of the ACS Print Group as full legal and equitable owner until such time as the customer shall have paid the ACS Print Group the full price of such goods together with the full price of all other goods then the subject of any other contract with the ACS Print Group.
5.2 The customer acknowledges that he receives possession of and holds goods delivered by the ACS Print Group solely as bailee for the ACS Print Group until such time as the full price thereof is paid to the ACS Print Group together with the full price of any goods then the subject of any other contracts with the ACS Print Group.
5.3 Until such time as the customer becomes the owner of the goods, he will;
- (a) store them on the premises separately;
- (b) ensure that the goods are kept in good and serviceable condition;
- (c) secure the goods from risk, damage and theft; and
- (d) keep the goods fully insured against such risks that are usual or common to insure in a business of a similar nature to that of the customer.
5.4 (a) Until the goods are paid for in full, the ACS Print Group authorises the customer to sell the goods as its agent. However, the customer shall not represent to any third parties that it is acting in any way for the ACS Print Group. The ACS Print Group will not be bound by any contracts with third parties to which the customer is a party.
- (b) The proceeds of any sale of the goods shall be paid into a separate account and held in trust for the ACS Print Group. The customer shall account to the ACS Print Group from this fund for the full price of the goods.
- (c) The customer is entitled to a period of credit, but if prior to the expiration of the period of the credit the goods are sold, and the proceeds of sale are received by the customer then the customer shall account to the ACS Print Group for the price of the goods.
- (d) Should the customer die, stop payment or call a meeting of its creditors or become insolvent to the bankruptcy laws, or being a company, appoints an administrator or calls a meeting for the purpose of or to go into liquidation or has a winding-up application presented against it or has a receiver appointed, the ACS Print Group may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract, suspend or cancel this contract or require payment in cash before or on delivery or tender of goods notwithstanding the terms of payment previously specified, or may repossess and take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
- 5.5 If the customer does not pay for any goods on the due date then the ACS Print Group is hereby irrevocably authorised by the customer to enter the customer’s premise (or any premises under the control of the customer or as agent of the customer in which the goods are stored) and use reasonable force to take possession of the goods without liability for the tort of trespass negligence assault and battery or payment of any compensation to the customer whatsoever.
- 5.6 On retaking possession of the goods, the ACS Print Group may elect to refund to the customer any part payment that may have been made and to credit the customer’s account with the value of the goods less any charge for recovery of the goods or to resell the goods.
- 6. Risk
Unless otherwise agreed in writing risk in the goods shall pass to the customer at the time when the goods have been placed on the vehicle which is to effect delivery from the ACS Print Group’s store or warehouse. The goods shall remain at the customer’s risk at all times unless and until the ACS Print Group retakes possession of the goods pursuant to these terms and conditions.
- 7. Claims and Returns
7.1 Subject to clause 2.2 herein the ACS Print Group shall not be liable for any loss or damage whatsoever and however arising whether direct or indirect or consequential or in respect of any claim whenever and however made for any loss or damage, deterioration, deficiency or other fault or harm in the goods provided by or on behalf of or in any arrangement with the ACS Print Group or occasioned to the customer or any third party or to his or their property or interest and whether or not due to the negligence of the ACS Print Group, its servants or agents.
7.2 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the customer, the customer shall within (14) days notify the ACS Print Group in writing of the same.
7.3 The ACS Print Group shall not be liable in any circumstances for any
- (a) defects or damages caused in whole or in part by misuse abuse neglect improper installation, alteration (other than by the ACS Print Group or accident;
- (b) details in goods not manufactured by it but the ACS Print Group will endeavour to pass on to the customer the benefit of any claim made by the ACS Print Group and accepted by the manufacture of such goods under a warranty given by the manufacturer of such goods provided that nothing contained in this subparagraph shall limit the rights of the customer to proceed against the ACS Print Group pursuant to the Trade Practices Act; and
- (c) technical advice or assistance given or rendered by it to the customer or not in connection with the manufacture or supply of goods for or to the customer.
- 8. Force Majeure
If by reason of any fact circumstance matter or thing beyond the reasonable control of the ACS Print Group.
The ACS Print Group is unable to perform in whole or in part any obligation under this contract, the ACS Print Group shall be relieved of that obligation under this contract to the extent and for the period that it is so unable to perform and shall not be liable to the customer in respect of such inability.
- 9. Default
Upon the occurrence of default by the customer in compliance with the terms herein:
9.1 The ACS Print Group may as its discretion withhold further supplies of goods or cancel contract, or vary the terms of this contract without prejudice to its rights hereunder
PROVIDED HOWEVER that the ACS Print Group may at any time and from time to time upon such terms as it may determine waive any of its rights under this clause but without prejudice to its rights thereafter of any of the events herein before referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
9.2 The customer hereby authorises the ACS Print Group or its agent to review its books and records including all bank statements and other bank records to determine whether the customer is able to pay its debt as and when they fall due and the customer further irrevocably grants to the ACS Print Group a licence to enter upon the customer’s premises for such purpose.
9.3 the customer shall pay to the ACS Print Group interest at the rate of 1.5% per month on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the customer as a liquidated debt if applied by the ACS Print Group.
9.4 Without prejudice to any other rights or remedy the customer shall indemnify the ACS Print Group against any costs, fees, charges and disbursements charged by any mercantile or collection agent or solicitor engaged for the purpose of the collection or recovery of monies due and payable by the customer to the ACS Print Group on an indemnity basis and all such costs shall be recoverable as a liquidated debt and at the option of the ACS Print Group may be recovered in the Small Debts Court.
9.5 All invoices shall in the event of default become immediately due and payable by the customer despite that some invoices may not otherwise have become due for payment.
- 10. Change of Ownership
The customer agrees to notify the ACS Print Group in writing of any change of ownership of the customer of the customer or its business or of directorships in the case of a corporate customer or of any other change whatsoever affecting this agreement within (7) days from the date of such change and indemnifies the ACS Print Group against any loss or damage incurred by it as a result of the customer’s failure to notify the ACS Print Group of any change.
- 11. Lien charge
11.1 The customer hereby acknowledges and agrees that the ACS Print Group has a lien over all goods in its possession belonging to the customer to secure payment of any or all amounts outstanding from time to time.
11.2 The customer hereby charges all property both equitable and legal of the customer in respect of any monies that may hereinafter be owing to the ACS Print Group under this contract by the customer or otherwise and hereby authorise the ACS Print Group or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the customer at any time, or to register this charge over assets of the customer with Australian Securities Commission.
- 12. Jurisdiction
12.1 This contract for the supply of the goods is deemed to have entered into in the state of Queensland. Any legal action arising out of or in respect of the contract and/or the interpretation thereof shall be bought only in the courts of Brisbane in the State of Queensland and the customer irrevocably submits itself to the jurisdiction of the Courts of Brisbane in the State of Queensland.