Terms and Conditions (of offer and/or sale)
Goods and Services are sold and supplied on the following Terms and Conditions unless expressly agreed in writing between the Company [Imprint Plastic] and the Buyer, or, where varied by the attached quotation.
The Buyer shall be responsible for, and bear the cost of, any alteration to goods supplied (or in progress of manufacture or purchase) by the Company, arising from any discrepancy, error or omission in any drawing or information supplied by, or approved by the Buyer. The Company can not accept responsibility for errors where the Buyer has not confirmed requirements in writing.
Orders cannot be cancelled except upon the terms which will compensate the Company for all works done, any obligation to a third party resulting from the Buyer’s order, and materials ordered, used or purchased by the Company as a result of the Buyer’s order to the date of written cancellation.
The cancellation of any order must be confirmed in writing – verbal cancellations will not be accepted.
Every effort will be made to carry out this contract, but due performance is subject to variation or cancellation by the Company owing to acts of God, War, Strikes, Lockouts, Fire, Flood, Drought or any cause beyond the Company’s control or owing to the inability to procure materials or articles (or at enhanced prices).
Delivery & Collection:
Each order shall be delivered to the Buyer, the Buyer’s agent or the Buyer’s arranged carrier, at a place nominated by the Buyer in writing at or before the time of placing the order, provided that the Buyer notifies the Company in writing of the precise address for delivery and that such address is in Australia.
Subject to other terms hereis and to the extent permitted by law, The Vendor may arrange delivery to the Purchaser’s premises at the Purchaser’s request. In all other circumstances collection or delivery of Goods or goods upon which Services have been rendered will be made at the Vendor’s premises at which the Goods are made or Services rendered.
When delivery or collection takes place at the Purchaser’s premises it will be the Purchaser’s responsibility to ensure delivery or collection can take place at the time and place specified or otherwise agreed. The Purchaser shall indemnify the Vendor against any loss or expense incurred as a result of these obligations. Without prejudice to the foregoing, if the Vendor or its agents or employees agree to assist in the loading or unloading (as the case may be) then the Vendor will not be liable for any loss or damage howsoever arising through any act, omission or negligence of any of its agents or employees.
Although given in good faith delivery times for the supply of Goods or the Services specified by the Vendor in its quotation or otherwise are intended as estimates only and are not therefore to be treated as being of the essence of the contract or binding by the Vendor. The Vendor will not be liable to the Purchaser for any loss or damage (direct or indirect) occasioned by its failure (whether as a result of its negligence or otherwise) to deliver the Goods or the Services by the date or within the time stated.
The right to deliver the Goods or Services in parts is expressly reserved by the Vendor and these conditions shall apply to any such part or parts mutatis mutandis.
Subject to other terms hereis and to the extent permitted by law. In the case of the alleged shortage in or damaged to or defect in the Goods or goods upon which Services have been rendered:
– the Purchaser agrees to notify the Vendor in writing of any claim in respect thereof within seven days of its receipt by the Purchaser in the case of shortage or damage or in the case of a defect within twenty eight days of the defect becoming apparent together with written evidence in support of such claim in relation to the date of receipt: and
– the Purchaser agrees to allow the Vendor a reasonable opportunity to inspect any such goods before any use is made of them or alteration is made thereto and to keep them in good order and store them so as to prevent damage arising.
– subject to other terms hereis and to the extent permitted by law, The Purchaser shall have no claim against the Vendor for shortage, damage or defects unless the requirements as to notification set out in this sub-clause and other terms herein, are strictly complied with by the Purchaser.
In the event that the Purchaser is responsible for collecting the Goods or any goods upon which Services have been rendered and such collection does not occur within seven days of the Purchaser having been informed that such goods are ready for collection, the Vendor may charge the Purchaser for the storage of any such goods until collection occurs in addition to the price for the Goods or Services.
If Purchaser’s delivery address is outside of Australia, the purchaser may be subject to additional import duties and taxes. The Purchaser accepts that any and all charges of this nature are to be paid by the Purchaser. All international orders must be paid for in advance in Australian dollars. Bank transfers will attract processing and filing fees. All exports must have customs labels with brief descriptions of the contents accompanying export.
Due to the difficulty of producing exact quantities for large runs, orders for goods manufactured by the Company are executed upon a margin of 5% being allowed for excess or shortages; such variations are charged or deducted as necessary. The Company reserves the right to make partial deliveries of goods, to back order as required and to invoice such deliveries separately. Sequentially numbered products will be supplied to exact quantities.
Subject to anything to the contrary contained in any quotation issued by the Vendor, prices for the Goods or Services are as referred to in the Vendor’s price list current at the time of delivery and unless otherwise stated, are exclusive of GST and any other similar tax.
The Purchaser shall have no right of set-off whether statutory or otherwise
Unless otherwise expressly stated in writing by the Vendor, prices are exclusive of carriage, handling, packaging and any other insurance charges.
Unless otherwise expressly stated in writing by the Vendor, all prices payable must be settled in Australian dollars.
Variations in Costs:
All estimates and / or quotations are based on the prices of materials, wages or taxes (including exchange rate variations where applicable) existing at the date of quotation. Any increase or decrease may be added or deducted from the quotation by the company, prior to acceptance of the order.
Terms of Payment:
Subject to any other specific credit or payment terms being agreed in writing by the Company in its sole and absolute discretion, the Buyer must pay for all orders within 7 days of the date of Invoice. The Company reserves the right to suspend or cease the supply of goods to overdue accounts until such time as payment in full from the overdue account has been received.
Preservation of Property Rights:
a) The property in ordered or invoiced goods shall not pass to the Buyer until the whole of the price for the goods has been paid in full to the Company. The property in the goods shall remain solely with the Company until such full payment is received as cleared funds by the Company.
b) Until the goods are paid for in full, and all other sums due and owing by the Buyer to the Company on any account are paid, the Buyer holds goods as bailee for the Company.
c) If the Buyer at any time fails to make payment for any such goods by the due date for payment, without prejudice to any other rights which the Company may have at law or under these terms, the Company, or its authorised agents, are expressly authorised by the Buyer to enter the Buyer’s premises, whether by using force or not, and to take possession of and sell the goods and exercise other such other rights ancillary to the right of resale and possession.
d) The Company shall be in no way liable or responsible for any loss or damage to any goods or damage to the Buyer’s business howsoever arising from the taking of any goods in accordance with this clause 11.
The Buyer should inspect the goods on receipt. All claims must be made in writing within 7 days of receipt of goods by the Buyer.
Return of Goods:
Goods may only be returned to the Company in the event that they do not conform to the Buyer’s order or are not in compliance with any warranties in respect of the goods which are implied by law which cannot be excluded.
All goods for return must be returned within 7 days of receipt by the Buyer and must be in an as new condition and accompanied with the original invoice. Goods may only be returned by carriers approved by the Company. A handling charge may apply to returned goods.
To the extent permitted by law, the Company excludes all warranties and representations except as expressly provided in these terms and conditions.
– Nothing in this clause excludes, restricts or modifies the operation of Part VA of the Trade Practices Act 1974 to the extent to which that Part of the Act applies to goods supplied by the Company.
– Liability for a breach of a condition or warranty necessarily implied into these terms by the Act is limited to any one of the following, as determined by the Company in its sole discretion:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired. In no event is the Company liable to the Buyer for any incidental or consequential damages in respect of such breach of condition or warranty.
All designs, artistic creations, moulds, tools, products, etc. created by the Company are copyright to the Company and must not be transferred to third parties without the Company’s written consent. Artwork and designs given to the Company for reproduction are received in good faith as belonging to the Buyer and claims of breach of Copyright by the Company by third parties shall be referred to the Buyer for compensation by the injured party.
The Company is registered for GST pursuant to the A New Tax System (Goods & Services Tax) Act 1999 (the “GST Act”). The Company’s ABN is 70 098 126 682. All prices quoted are inclusive of GST payable pursuant to the GST Act. The Company will issue tax invoices to the Buyer upon delivery of ordered goods.
The Buyer is solely responsible to claim all input tax credits or other benefits (if any) available to the Buyer, pursuant to the GST Act in respect of any amounts the Buyer pays to the Company. The Company reserves the right to adjust prices or to make adjustments as contemplated by the GST Act if any amount paid by the Buyer is subsequently found by the Company to have been incorrect for any reason or in any respect and the Buyer agrees to co-operate fully with the Company in respect of such adjustment.
Terms and Conditions (of Website Use)
Changes to Terms:
We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
Content On Our Sites:
Our sites include a combination of content that we create, that our partners create and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our Copyright notice and visit our Permissions & reprints page. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites (“Your Content”). You certify that you own all intellectual property rights in Your Content.
You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of:
(i) displaying Your Content on our sites.
(ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or
(iii) storing Your Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed. We do not guarantee the accuracy, integrity or quality of the content on our sites. You may not rely on any of this content, including, but not limited to, product reviews, white papers, product descriptions and stock quotes.
Without limitation, we are not responsible for postings by users in the user opinion, message board or feedback sections of our sites. Our sites also contain information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary.
You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Your Use of Third Party Sites:
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted.
We have no control over sites that are not ours and we are not responsible for any changes to or content on them.
Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site.
We do not sell, resell or license any of the products or services that we review or list on our sites, and we disclaim any responsibility for or liability related to them.
Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party.
You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
Responsibility and content liability:
Supply of Information Imprint Plastic website allow you to order online and upload any content required for your final product. Uploading logos and name list etc… to Imprint Plastic website is performed entirely at your own discretion and will be entirely your responsibility for any possible spelling mistake or incorrect information supplied.
Imprint Plastic is committed to a high quality standard, therefore, we strongly suggest you to validate all your content information before confirming your order online: name spelling, office addresses and any other important content.
In the absence of any explicit statement to the contrary, the name list uploaded with your order will be printed as is.
Your Conduct On Our Sites:
If we request registration information from you, you will provide us with true, accurate, current and complete information.
You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else.
You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorised use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session.
We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. The technology and software underlying our sites and the Services is the property of Imprint Plastic, our affiliates and our partners.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any.inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites; 9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited to, a Imprint Plastic representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities;
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”), only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options. Unauthorised access to our sites is a breach of these Terms and a violation of the law.
You agree not to access our sites by any means other than through the interface that is provided by Imprint Plastic for use in accessing our sites.
You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing. Use of our sites is subject to existing laws and legal process.
Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.