1.1 “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
1.2 “Conditions” means the standard terms and conditions set out in this document
1.3 “Goods” means the goods to be supplied by the Seller in accordance with these Conditions
1.4 “Seller” means ID Branding Pty Limited (registered in Australia under ABN 40 113 805 744)
2. Basis of Sale
2.1 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
2.2 No variation to these conditions shall be binding unless agreed in writing by the Seller
3.1 Unless advised otherwise, unit prices are quoted in Australian Dollars before GST and delivery costs.
3.2 Unless the Seller agrees otherwise, no price quoted by the Seller shall remain binding on the Seller for more than 30 days.
3.3 The Seller reserves the right to withdraw or alter their quotation at any time.
4. The price and payment
4.1 The price for the Goods shall be that set out in the Seller’s written quotation, order confirmation or tax invoice, 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
4.2 Unless the Buyer has agreed credit terms with the Seller payment must be made in full before delivery of the Goods.
4.3 For all customised Goods a deposit payment of 50% of the invoice value must be paid before production can commence.
4.4 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.
4.5 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
4.6 In the event of the Buyer being in default of his obligations to pay and the overdue account is then referred to a debt collection agency and/or law firm for collection the Buyer shall be liable for the recovery costs incurred. If the agency charges commission on a contingency basis the Buyer shall be liable to pay as a liquidated debt the commission payable by the Seller.
4.7 In the event where the Seller or the Seller’s agency refers the overdue account to a lawyer the Buyer shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
5.1 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
5.2 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.
5.3 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
6.1 Risk of damage to or loss of the Goods shall pass on delivery
6.2 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
6.3 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 repose them.
7.1 Goods will only be accepted for credit if returned within 14 days of date of delivery. The acceptance of such Goods does not imply an agreement to issue a credit note
7.2 Freight will be at the expense of the Buyer unless the Goods were supplied incorrectly.
7.3 Should the Seller agree to credit the returned Goods a restocking fee of 15%, or at a rate agreed between the Buyer and Seller, will apply.
7.4 No credit will be allowed for custom made or printed goods, or for goods that have been used, modified or damaged.
8. Warranties and Liability
8.1 Subject to clause 8.2 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
8.2 The Seller shall have no liability:-
8.2.1 for any defect arising from any design or specification supplied by the Buyer
8.2.2 for any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods
8.2.3 if the total price for the Goods has not been paid by the due date of payment
8.2.4 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.
8.3 Where a valid claim is made under clause 8.2.4 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.
8.4 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
8.5 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 delivery by third parties or difficulties in the Seller obtaining print work from its external printer
Where Goods are supplied for export from Australia, the Buyer shall be responsible for:-
9.1 Complying with any legislation or regulations governing the importation of the Goods into the country of destination, and unless specified otherwise
9.2 The payment of any duties on the Goods and
9.3 The payment of all insurance and freight charges
10.1 These Conditions are governed by and are to be construed in accordance with Australian Law
10.2 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.
Any failure by the Seller to insist upon strict performance of any of these conditions shall not be deemed a waiver of any rights the Seller may have and shall not be deemed to be a waiver of any subsequent breach of any condition by the Buyer.
All costs and expenses incurred by the Seller to remedy any breach by the Buyer of these conditions are recoverable from the Buyer in addition to the Seller’s right to recover payment of its indebtedness and/or damage.
13. Intellectual Property
All right, title and interest in all designs, patents and other intellectual property in the Goods remain the sole property of the Buyer.
ID Branding Pty Ltd
- Unit 37, 7 Sefton Road, Thornleigh NSW 2120, Australia
- PO Box 435, Pennant Hills NSW 1715, Australia
- Email: [email protected]
- Phone: +61 2 9481 8199
- Fax: +61 2 9481 0503
Last updated February 2017