1. Definitions
- “Buyer” means the person who accepts the Seller’s written quotation for the sale of the Goods
or whose written order for the Goods is accepted by the Seller
- “Conditions” means the standard terms and conditions set out in this document
- “Goods” means the goods to be supplied by the Seller in accordance with these Conditions
- “Seller” means ID Branding Pty Limited (registered in Australia under ABN 40 113 805 744)
2. Basis of Sale
- The Seller shall sell and the Buyer shall buy the Goods in accordance with the Seller’s written
quotation (if accepted by the Seller), subject in either case to these Conditions which shall
govern the contract to the exclusion of any other terms subject to which any such quotation is
accepted or purported to be accepted, or any such order is made or purported to be made, by
the Buyer
- No variation to these conditions shall be binding unless agreed in writing by the Seller
3. Quotations
- Unless advised otherwise, unit prices are quoted in Australian Dollars before GST and
delivery costs.
- Unless the Seller agrees otherwise, no price quoted by the Seller shall remain binding on the
Seller for more than 30 days.
- The Seller reserves the right to withdraw or alter their quotation at any time.
4. The price and payment
- The price for the Goods shall be that set out in the Seller’s written quotation or the Buyer’s
written order, as the case may be. The price is exclusive of GST (or other sales tax or duty)
which shall also be paid by the Buyer at the rate prevailing on the sale of the Seller’s invoice.
- Unless the Buyer has agreed credit terms with the Seller payment must be made in full before
delivery of the Goods.
- For all customised goods a deposit payment of 50% of the invoice value must be paid before
production can commence.
- Once an order has been accepted, it may not be cancelled except by agreement; however, if
the Seller agrees to a Buyer’s request to cancel an order after the Seller has incurred artwork
and/or printing costs, the Buyer shall still be liable for the full printing and delivery costs
thereof in any event.
- Interest on overdue invoices shall accrue on a daily basis from the date when payment
became due until the date that payment is made; interest shall be charged at 2% above the
prevailing base rate of the Commonwealth Bank of Australia and shall accrue at such rate
after as well as before any judgment.
5. Delivery
- Delivery of the Goods shall be made to such place as the Buyer and Seller shall agree or, if
not agreed, as reasonably specified by the Seller.
- Whilst the Seller shall make all reasonable efforts to effect delivery by any agreed date, any
dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable
for any delay in delivery of the Goods beyond the Seller’s reasonable control.
- Once the goods have left the Seller’s premises, the Seller shall not be liable for failure of
delivery by third parties.
6. Risk and Title
- Risk of damage to or loss of the Goods shall pass on delivery.
- Notwithstanding delivery, legal title in the Goods shall not pass to the Buyer until the Seller
has received full payment for them. Until then, the Buyer shall store the Goods (at no cost to
the Seller) separately from all other goods in the Buyer’s possession and marked in such a
way that the Goods are clearly identified as the Seller’s property.
- Until such time as legal title in the Goods passes from the Seller, the Buyer shall upon
request deliver them up to the Seller and, if the Buyer fails to do so, the Seller may enter upon
any premises owned, occupied or controlled by the Buyer where the Goods are situated and
repossess them.
7. Warranties and Liability
- Subject to clause 7.2 hereof, the Seller warrants that the Goods will correspond with their
specification and will be free from defects in material and workmanship at the time of delivery.
- The Seller shall have no liability:-
1 - for any defect arising from any design or specification supplied by the Buyer.
2 - for any defect arising from wear and tear, wilful damage, negligence, abnormal working
conditions, misuse, alteration or repair of the Goods.
3 - if the total price for the Goods has not been paid by the due date of payment.
4 - for claims based on any defect in the quality or condition of the Goods or their failure to
correspond with specification unless the claim is notified to the Seller in writing and within
10 days of delivery.
- Where a valid claim is made under clause 7.2.4 hereof, the Seller shall have the right to
replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion,
refund to the Buyer the price of the Goods (or the fair proportion of it); the Seller shall then
have no further liability to the Buyer in respect of that claim.
- Except in respect of death and personal injury caused by the Seller’s negligence or liability for
defective products under relevant Australian consumer protection legislation, the Seller shall
have no further liability to the Buyer for any losses, costs or expenses incurred by the Buyer,
whether direct, indirect or consequential and, except as stated, the liability of the Seller shall
never exceed the price actually paid for the Goods by the Buyer.
- The Seller shall not be liable for any delay or failure to supply the Goods for reasons beyond
the Seller’s reasonable control. This may include difficulties in the Seller obtaining print work
from its external printer.
8. Exports
Where Goods are supplied for export from Australia, the Buyer shall be responsible for:-
- Complying with any legislation or regulations governing the importation of the Goods into the
country of destination, and unless specified otherwise.
- The payment of any duties on the Goods and
- The payment of all insurance and freight charges
9. General
- These Conditions are governed by and are to be construed in accordance with Australian Law
- If any claim is made against the Seller that the Goods infringe the copyright, trade mark or
other intellectual property right of any other person, the Buyer shall indemnify the Seller
against all loss, damages, costs and expenses incurred or suffered by the Seller in
connection with that claim or paid or agreed to be paid by the Seller in settlement thereof.
- No waiver by the Seller of any breach by the Buyer shall be considered as a waiver of any
subsequent breach of any nature.
Sydney, November 2010
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