(a) Australian Consumer Law (“ACL”) refers to the provisions as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ;
(b) Credit Application means any form accepted by Park Douglas Printing, as an application for credit;
(c) Customer means a person or entity ordering the Goods, as shown on the invoice, purchase order, or other document issued by Park Douglas Printing, evidencing an order for Goods ;
(d) Delivery Date shall be the date in which Park Douglas Printing attempts delivers the Goods to the Customer’s nominated address ;
(e) Goods means those products listed on the written quotation, invoice or other document provided by Park Douglas Printing to the Customer evidencing order of the Goods;
(f) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended;
(g) GST means the Goods and Services Tax as levied under the GST Act;
(h) Park Douglas Printing means a trading entity of Park Douglas Printing Pty Ltd ACN 007 096 353;
(i) Services means any service listed on the written quotation, invoice or other document provided by Park Douglas Printing to the Customer evidencing the order of those Services; and
(j) PPSA has the meaning as set out in Personal Properties and Securities Act 2009 (Cth)
(a) These Terms & Conditions apply to all sales of Goods by Park Douglas Printing to the Customer, unless expressly waved or varied by Park Douglas Printing in writing.
(b) Any order of Goods and/or any payment made by the Customer, represents the Customer’s unequivocal and irrevocable acceptance of these Terms & Conditions and acts as a legally binding contract between Park Douglas Printing and the Customer.
(c) These Terms & Conditions must be interpreted to comply with applicable Commonwealth and Victoria legislation. If any clause does not comply with any such law, then that clause must be read to give as much effect as possible. If it is not possible to give the clause any effect at all, then it is to be severed from these Terms & Conditions.
(a) Subject to clause 3(b), Park Douglas Printing’s written quotations must be accepted within 30 days of the date of issue, unless otherwise stated in writing on the quotation provided to the Customer.
(b) These Terms & Conditions must be interpreted to comply with applicable Commonwealth and Victoria legislation. If any clause does not comply with any such law, then that clause must be read to give as much effect as possible. If it is not possible to give the clause any effect at all, then it is to be severed from these Terms & Conditions.
4. Customers Instructions
(a) Park Douglas Printing’s written quotation shall be deemed to have interpret correctly the Customer’s instructions.
(b) In the absence of written instructions, Park Douglas Printing shall not liable to the Customer for any errors or omissions due to misinterpretation of verbal instructions.
(c) Provided that Park Douglas Printing correctly follows the Customer’s written instructions, any alternations or additions to the Customer’s order will automatically alter the quotation and be will be charged in addition to the amount stated in the written quotations.
5. Expedited Delivery
(a) Should delivery of work be required urgently reasonable efforts will be made by Park Douglas Printing to secure freedom from defects. However, Park Douglas Printing shall not be held responsible for defects caused as a result of the requirement for such urgent delivery.
(b) Should urgent delivery necessitate overtime work or other additional costs being occurred, an additional charge will be made to cover these additional costs of production
6. Outside work
If Park Douglas Printing is required to obtain additional Goods or Services such as typefaces, film or plates to complete a Customer Order, then:
(I) Park Douglas Printing acquires these Goods and/or services as agent for the Customer and not as principal and will have no liability to the Customer in relation to the supply of those Goods and/or services. Any claim by the Customer in relation to the supply of those Goods and/or services must be made directly against the third party; and
(II) Park Douglas Printing reserves the rights to invoice the Customer the costs of obtaining such Goods.
7. Suspension of Work
The suspension by the Customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Park Douglas Printing to payment in full for the portion of work completed and any work-in-progress.
(a) The order of precedence for determining the price for the Goods shall be:
(I) Park Douglas Printing’s current ruling price at the date of delivery;
(II) the price shown on Park Douglas Printing’s invoice; and
(III) any written quotation given by Park Douglas Printing.
(b) Unless expressly stated on the written quotation or on Park Douglas Printing’s invoice, the price excludes:
(I) any delivery charge; and
The Customer must pay these amounts in addition, and at the same time as payment of the price.
(a) Once the work is completed Park Douglas Printing shall invoice the Customer for the quoted value of the work plus any
additional charges that have occurred to enable the order of Goods to be completed in accordance with the Customer’s requests and requirements.
(b) Unless otherwise agreed with Park Douglas Printing, all Invoices shall be paid cash on delivery, or prior to delivery of the Customer’s ordered goods.
(c) Every endeavor will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact
quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
10. Interest & Charges
Park Douglas Printing may charge and the Customer must pay:
(a) Interest at the rate of 10 % on all amounts not paid by the due date for payment, with interest calculated from the due date until the date that all amounts due are received as clear funds by Park Douglas Printing; and
(b) Any other amounts or fees incurred by Park Douglas Printing as a consequence of late payment.
(a) Park Douglas Printing may, at its sole discretion, supply the Customer with the Goods on the terms that do not require payment in full at the time of delivery. If Park Douglas Printing does so, this clause apples.
(b) If this clause applies, Park Douglas Printing may:
(I) require the Customer to complete a Credit Application, in any form prescribed by Park Douglas Printing, as a condition of providing or extending credit;
(II) withdraw, suspend or vary the conditions of credit at any time;
(III) set and vary credit limits for Customers from time to time; and (IV) require the Customer to make a payment on or prior to delivery at any time, provided the Customer is notified of the change in payment arrangements, prior to delivery of Goods.
(c) By accepting credit from Park Douglas Printing, the Customer warrants and acknowledges that:
(I) they have read these Terms & Conditions;
(II) understood the Credit Application; and
(III) are in a financial position to pay its debts as they fall due.
(d) The Customer agrees not to make any claim, seek to withhold payment or avoid its obligations in respect to payment of any balance payable to Park Douglas Printing.
(e) If the Customer’s is a company, each director of the company must execute a guarantee and indemnity (in the form required by Park Douglas Printing), as security for the Customer’s obligations and payments to Park Douglas Printing.
(f) If required the Customer must immediately procure and deliver executed Guarantees to Park Douglas Printing.
12. Warranties and Undertakings
The warranties and undertakings which apply to the Goods and/or services supplied by Park Douglas Printing to the Customer, are those applied by the ACL, as amended and in force from time to time. All other warranties and undertakings are expressly excluded.
(a) The Goods are at the risk of Park Douglas Printing until delivered to the Customer, or collected by the Customer.
(b) Park Douglas Printing shall have no liability for any loss or damage to the Goods when in transit.
(a) To the extent permitted by the ACL, Park Douglas Printing’s liability for breach of a condition or warranty implied by the Act is limited to:
(I) The replacement of the Goods, or supply of equivalent Goods;
(II) The reprint of the Goods;
(III) The payment of the cost of replacing the Goods or of acquiring equivalent Goods;
(IV) The payment of the cost of having the Goods reprinted; or
(b) Park Douglas Printing will not be liable to the Customer for loss of any data stored on disks, tapes, compact disks or other media which are supplied by the Customer to assist in the completion of the Customer’s order.
(c) Force Majeure. Park Douglas Printing will have no liability to the Customers for any loss, damage or expenses suffered, or incurred resulting from circumstances Beyond Park Douglas Printing’s control, such as but not limited to, insurrection, fires, floods, strikes, lockouts, delays in delivery of materials to Park Douglas Printing, breakdown in machinery, inability or failure of Park Douglas Printing to supply necessary materials, or prohibitions, or other action by any government, or government authority, or embargoes.
(a) Park Douglas Printing will be deemed to have delivered the Goods at the earliest of the following:
(I) when delivered into the possession of the Customer or an individual or carrier engaged by the Customer; or
(II) when delivered into the possession of a carrier, engaged by Park Douglas Printing to deliver the Goods to the Customer.
(b) Park Douglas Printing shall not be liable for any late delivery or non-delivery, and under no circumstances shall Park Douglas Printing be liable for any loss, damage or delay occasioned to the Customer because of late or non-delivery of the Goods.
(c) If Park Douglas Printing agrees to deliver the Goods to a place other than the Customer’s specified address or business premises then:
(I) The Park Douglas Printing may change an additional fee to the Customer, in circumstances where there are access difficulties, or poor delivery instructions/directions provided by the Customer, result in delivery exceeding the standard time; and
(II) If Park Douglas Printing, or such other carrier are unable to deliver the Goods to the Customer, due access difficulties of the Customer’s nominated delivery address, or due poor instructions, Park Douglas Printing may charge the Customer an additional delivery fee.
(a) The Customer shall be deemed to have accepted the Goods immediately on delivery.
(b) Upon accepting the Goods, the Customer waives the right to make any claim against Park Douglas Printing, unless the Goods are defective and the Customer notifies Park Douglas Printing of the defect in writing within seven (7) days the Delivery Date.
(c) If the Customer fails to give notice of any defect to Park Douglas Printing in accordance with clause 16(b), then subject to any non-excludable condition implied by law, the Goods shall be deemed to have been accepted by the Customer.
(d) Park Douglas Printing is not however obliged to accept the return of the Goods, unless Park Douglas Printing determines that the Goods are defective.
Park Douglas Printing may at its sole discretion, accept cancellation of an order of Goods, provided that:
I. the request for cancellation is made in writing at least seven (7) days prior to the quoted delivery date;
II. the Customer agrees to pay a cancellation fee as determined by Park Douglas Printing, provided that Park Douglas Printing notifies the Customer of the cancellation fee within sixty (60) days of receipt of the written request for cancellation; and
III. the Customer pays for any completed order(s) and/or the portion of work in progress already completed, which will be invoiced to the Customer in addition to the cancellation fee.
(a) Title in the Goods remains with Park Douglas Printing until the Customer has paid all outstanding invoices.
(b) If the Customer has not paid all outstanding invoices issued by Park Douglas Printing, then Park Douglas Printing may direct the Customer to return the Goods.
(c) If the Customer fails to make payment before the delivery of Goods, then Park Douglas Printing may retain the Goods, until such payment is made.
19. Security Interest
(a) In this clause, the terms which are defined in the PPSA have the meaning given to them in the PPSA.
(b) The Customer agrees to grant the Park Douglas Printing a security interest.
(c) If the Customer fails to make payment before the delivery of Goods, then Park Douglas Printing may retain the Goods, until such payment is made.
(d) The Customer waives their right to receive a verification statement under the PPSA, but must be provided with confirmation of discharge of any registered securities, once payment(s) of any outstanding invoice(s) are made, or the line of credit is finalised and any invoice(s) accrued under that line of credit are paid in full.
(a) Copyright in all artistic works produced by Park Douglas Printing remains the intellectual property of Park Douglas Printing, unless there is specific agreement made between the Customer and Park Douglas Printing prior to the creation of any such order.
(b) The Customer indemnifies, and agrees to continually indemnify, Park Douglas Printing against all liability, losses or expenses incurred by Park Douglas Printing in any way directly or indirectly connected with any breach of copyright on materials supplied by the Customer.
(c) The Customer is hereby granted a non-exclusive license to use the copyright works created by Park Douglas Printing for the purposes of the Order, however such license is conditional upon Park Douglas Printing having received all monies due to Park Douglas Printing under these Terms and Conditions.
The Customer and Park Douglas Printing must keep confidential, and not use any ideas, systems or processes communicated or made available to one another, without the other party’s prior written consent.
22. Electronic Media
(a) All Disks, tapes, compact disks or other media (other than the media supplied by the Customer), used by Park Douglas Printing to store data, for the purposes of completing the Order, remain the property of Park Douglas Printing. The Customer cannot require Park Douglas Printing to supply to the Customer any data so stored. In the event that Park Douglas Printing does supply data so stored or created, Park Douglas Printing may charge the Customer for supplying such data.
(b) Park Douglas Printing will not be held responsible for storing any data on disks, tapes, compact disks or other media once the order has been completed. If Park Douglas Printing agrees to store such data, for the supposes of completing the Customer’s order or future orders, Park Douglas Printing may charge to do so.
Park Douglas Printing may vary these Terms & Conditions at any time, by notice in writing to the Customer.