In these conditions unless the context otherwise requires:
- Company means Inspire Creative and/or Printmax or any of its agents or employees, subsidiaries or trading entities.
- Site means the Company’s website(s) and/or online client portals.
- Customer means the person, or company buying the goods from the Company.
- Products and/or services mean the products and/or services being purchased by the Customer from the Company.
- Content means graphics, photographs, images, document layouts, artwork, text, fonts, software, tools, pre-writing material, and other information.
- Contract means the contract between the Company and the Customer for the purchase of the goods.
- Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or ii) Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
- Contract price means the price of goods as agreed between the Customer and the Company.
- Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the company’s appointed decision maker.
The Customer may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied. The quotation shall be exclusive of GST unless otherwise stated. The company may withdraw the quotation at any time before acceptance by the customer. If the Quotation is acceptable to the Customer, the Customer may place an order within an acceptable timeframe.
If any instruction is received by the Company from the Customer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are definitive and binding.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Customer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Customer. It shall be the Customer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Customer, and accordingly any order made by the Customer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
- The Price shall be as indicated on invoices provided by the Company to the Customer in respect of products and/ or services supplied; or
- The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.
- Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on confirmation of order.
- The Customer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.
- The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
6. Use of Site
- The Customer is granted permission to access and use the Site and its Content for the sole purpose of preparing, evaluating, and ordering Products solely through the Company. No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from the Company does not entitle the Customer to use any portion of Content apart from the finished printed Products as they are supplied to the Customer by the Company.
- The Customer shall be responsible for protecting their password and controlling access to their registered account. The Customer shall be responsible for all orders placed or other actions that are taken through their registered account.
- The Customer is solely responsible for their use of Content in combination with any other images, graphics, text or other materials the Customer incorporate into their Products. The Customer shall not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in their Products unless they have obtained the appropriate authorizations from the owners. The Customer warrants that their Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that they have all required rights or permissions necessary to incorporate third party material into their Products, including any third party material made available via a third party design service which may be accessed via the Site. By placing an order on the Site or with the Company, the Customer warrants that they have all necessary permission, right and authority to place the order and they authorise the Company to print Products on their behalf.
7. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
- The method of payment will be made by direct credit, or by any other method as agreed to between the Customer and the Company.
- Subject to any provision to the contrary in the Contract, payment is due in full on despatch/collection of goods unless otherwise arranged in advance. Payment from Customers holding approved and current credit accounts shall be received on or before the 20th of the month following the date of the Company’s invoice to the Customer, which shall be issued promptly on or after delivery of the goods.
- Late payment shall incur interest at the rate of 24% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Customer’s default in failing to make payment on the due date.
- Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause.
- In the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
- the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer; then without prejudice to the Company’s other remedies at law
- the Company shall be entitled to cancel all or any part of any order of the Customer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
8. Governing Laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
9. Dispute Resolution
The Company will endeavour to resolve any dispute between the Customer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
10. Reservation of Title
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Customer, under the contract or any other contract to The Company, have been paid in full.
The Customer agrees that the shipping terms for all printed Products are FOB shipping point and that risk of loss for such items passes to the Customer upon delivery to the carrier. For any Product that is provided to the Customer in electronic format, the Customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time the Company transmits the Product via email or other electronic communication addresses to the Customer or (b) at the time we transmit a notification to the Customer that the Product is available for downloading.
- The Company does not provide any warranty that the Product is fit and suitable for purpose for which it is required by the Customer and shall not be liable if they are not.
- Certain circumstances are beyond the Company’s control and may not be covered by warranty or Satisfaction Guarantee. Please note that the Company cannot be responsible for: spelling, punctuation or grammatical errors made by the Customer; inferior quality or low resolution of uploaded images, design errors introduced by the Customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the Customer.
- Please preview your designs carefully and correct any mistakes prior to placing your order. The Company does not proof documents created by its customers prior to processing.
- The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Customer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Customer’s servants, agents, contractors, Customers, visitors, tenants, trespassers or other persons. The Customer shall indemnify the Company against any claim by any such person.