Terms & Conditions
PromoPrint terms of agreement
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to [email protected]
Customer shall not use the PromoPrint website, in whole or in part, for any purpose that is unlawful or prohibited by this agreement. Customer hereby agrees and acknowledges that the PromoPrint website and any software used in connection with the PromoPrint website (the "software") contains proprietary and confidential information of PromoPrint and/or its licensors that is protected by applicable copyright, trade secrets, trademarks, and other intellectual property and other laws. No reproduction, distribution, or transmission of the proprietary materials of the PromoPrint website or the software is permitted without the express written consent of PromoPrint. Customer further agrees and acknowledges that content contained in sponsor advertisements or information presented to customer through the PromoPrint website and advertisers is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws. Customer agrees that customer will not use the PromoPrint website in any manner that could damage, disable, overburden, or impair the PromoPrint website or interfere with any other person's use and enjoyment of the PromoPrint website. Any rights not expressly granted herein are reserved.
On the condition that customer complies with all of its obligations under this agreement, PromoPrint grants customer a non-exclusive, revocable, non-transferable, limited license to use the software for the purposes of utilising the PromoPrint websites and operating and maintaining the customer sites, in each case, solely to the extent provided for herein. Customer may not sub-license or charge others to use or access the software. The software is owned by PromoPrint and/or its licensors and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from, redistribution or retransmission of the software is expressly prohibited, and may result in severe civil and criminal penalties. The software, its structure, sequence and organisation and source code are considered trade secrets of PromoPrint and its licensors and are protected by trade secret laws. Customer agrees that customer will not access or attempt to access password protected, secure or non-public areas of the PromoPrint website. Without limiting the foregoing, copying or reproducing the software to any other server or location for further reproduction or redistribution is expressly prohibited. Customer may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in any software provided hereunder except as and solely to the extent permitted under applicable law notwithstanding this provision.
Without limiting any of PromoPrint’s rights or remedies under this agreement or available to PromoPrint at law or in equity, if customer violates any of the above restrictions customer's PromoPrint website account may be terminated and customer may be subject to prosecution.
Terms & conditions of trade
PromoPrint shall mean strategic flow management abn 34 127 163 811 trading as PromoPrint its successors and assigns or any person acting on behalf of and with the authority of strategic flow management trading as PromoPrint
To the fullest extent legally possible all contracts, dealings and/or arrangements made between PromoPrint and any customer ("customer") relating to any goods, services or transactions are subject to the following terms and conditions of trade ("terms") unless otherwise agreed in writing
Payments and interest:
Payment is to be by cash, cheque, or electronic funds transfer without set-off or deduction of any kind, within 30 days from the invoice date. A payment dishonour fee may be charged by PromoPrint if a customer's payment is dishonoured in any way.
PromoPrint may apply a payment received from the customer to any amounts owed by the customer (including interest, part payment of an invoice, administration, collection and other costs) in any order.
PromoPrint is entitled to set-off or deduct any amount payable by PromoPrint (or any of its subsidiaries, affiliates, associated companies and related entities) to the customer.
Interest is payable on overdue accounts at a rate prescribed under the penalty interest rates act 1983 (vic) plus an additional 3% calculated monthly in advance.
Before supplying the customer with goods or services, PromoPrint may at PromoPrint’s discretion require payment in advance, a guarantee of payment, a deposit, progress payment and/or a letter of credit.
Property in goods will not pass until payment in full of all monies owed to PromoPrint on any basis ("full payment").
PromoPrint reserves the right to take possession and dispose of goods as it sees fit at any time until full payment and the customer grants permission to PromoPrint to enter any property (whether owned by it or otherwise) where any goods are, in order to do so and with such force as is necessary.
Immediately upon delivery the customer accepts liability for the goods.
A document signed by an officer of PromoPrint identifying goods and certifying that monies are owing to PromoPrint will be conclusive evidence of PromoPrint's title thereto.
Upon sale or disposition of goods prior to full payment the customer agrees to hold all proceeds upon trust for PromoPrint in a separate bank account, agrees not to mix proceeds with any other monies and will immediately account to PromoPrint therefore even if PromoPrint may have granted any credit facility and/or time to pay. Failure by the customer to comply with this subclause does not render invalid the trust to be established under this subclause.
Clause 2 is not intended to create a charge and must be read down to the extent necessary to avoid being a charge.
To the extent permissible at law (including under the australian consumer law):
PromoPrint will not be liable for any claim arising after 7 days from delivery of goods or performance of services (or at all once goods have been unpacked, modified, on-sold or otherwise used or applied) after which there will be deemed to be unqualified acceptance;
PromoPrint will not be liable in any way for any contingent, consequential, direct, indirect, special or punitive damage arising whether due to PromoPrint's negligence or otherwise and the customer acknowledges this limit of liability and agrees to limit any claim accordingly;
No other term, condition, agreement, warranty, representation or understanding whether express or implied in any way extending to or otherwise relating to or binding upon PromoPrint is made or given; and
PromoPrint will not be liable for any claim relating to or arising from any alleged fault or defect, whether caused or contributed to by PromoPrint, the customer or any third party or otherwise.
To the extent permissible at law (including under the australian consumer law):
Custom made or custom processed goods or goods acquired by PromoPrint specifically for the customer will not be returnable;
Any goods which are accepted by PromoPrint as defective may be returned and will be repaired, replaced or a refund provided in accordance with clause 36(b); and
The customer must when returning goods, provide PromoPrint with a full description of conditions under which the alleged failure occurred and why the goods are alleged to be defective.
Please refer to separate PromoPrint returns and refund policy on this website for detailed conditions of returns and refunds.
Placement of orders:
If any dispute arises concerning any order (and including any measurement, quality, quantity, identity, or authority or any telephone, facsimile, e-mail or computer generated order) the internal records of PromoPrint will be conclusive evidence of what was ordered.
PromoPrint accepts no responsibility for delivery but may elect to arrange delivery at its discretion and without any liability and at the customer's costs and responsibility in all things.
PromoPrint reserves the right to charge for any delivery.
The customer will be deemed to have accepted delivery and liability for the goods immediately PromoPrint notifies that they are ready for collection or when they are delivered to a carrier or to the customer's business premises or site whether attended or not.
A document (including without limitation a consignment note) purporting to be signed by an officer of PromoPrint confirming delivery will be conclusive evidence of delivery as will any signed delivery docket.
PromoPrint will not be liable for delay, failure or inability to deliver any goods.
Once the customer has been notified that goods are ready for collection, the customer agrees to pay all costs of holding or handling goods.
The customer agrees to pay all costs and expenses arising from frustrated or delays in delivery.
PromoPrint may unilaterally delay, cancel or suspend any delivery for any period or cancel any agreement for sale without any liability to any party.
Variation or cancellation of any order, dealing or arrangement must be agreed in writing by PromoPrint.
To the extent permissible at law (including under the australian consumer law):
No dealing with the customer will be or be deemed to be a sale by sample or description;
If PromoPrint publishes material about its goods and prices, any part which is incompatible with these terms is expressly excluded;
The customer will rely on its own knowledge and expertise in choosing any product for any purpose; and
Any advice or assistance given for or on behalf of PromoPrint must be accepted at the customer’s risk and must not be or be deemed given as expert or adviser nor to have been relied upon.
As far as is possible these terms are to be construed so as not to be void, voidable, unenforceable or illegal, but if any part of these terms is void, voidable, unenforceable or illegal by operation of any law, then the offending part of these terms as far as is possible is to be read down to the extent necessary to make sure that it is not invalid, unenforceable or illegal but if it cannot be so read down then it is to be deemed severed without affecting the remainder of these terms which will continue to apply as amended.
All sales are made by PromoPrint at its ruling price at the time of delivery.
All government imposts and any gst (“imposts”) will be to the customer’s account. PromoPrint's price lists exclude imposts unless expressly noted thereon.
To the extent permissible at law (including under the australian consumer law):
Default or breach by the customer of these terms or in any dealings with PromoPrint will entitle PromoPrint to retain all monies paid, call-up all monies due or owing (whether currently due and owing or not), cease further deliveries, recover from the customer all loss of profits and/or take immediate possession of any product, without prejudice to any other of its rights and without liability to any party; and
The customer agrees not to commence or continue or permit to be commenced or continued any action against PromoPrint whilst the customer is in default under any part of these terms.
Products and services:
To the extent permissible at law (including under the australian consumer law), PromoPrint disclaims any responsibility or liability whatsoever relating to suitability for any particular purpose or process.
The customer agrees to check all goods prior to use alteration or any application thereof whether in relation to suitability for any particular purpose, process or otherwise.
The customer agrees to check and test all goods for compliance with all relevant applicable standards and regulatory bodies before use, on-sale or application and to use or apply same in accordance with all applicable standards, regulations and guidelines, with all manufacturers and/or PromoPrint recommendations and directions as well as with good commercial practice.
PromoPrint may update, modify, make substitution or alter any of its goods or any component or raw material incorporated in or used in forming any part of any goods as part of its ongoing business. The customer agrees to accept current goods in substitution for any goods ordered provided they are not materially different.
To the extent permissible at law (including under the australian consumer law), PromoPrint disclaims any responsibility or liability relating to any goods:
Processed or made to designs, drawings, specifications or measurements etc. Or with materials which are provided or approved (whether in part or fully) by or on behalf of the customer; and/or
Utilised, stored, handled or used incorrectly or inappropriately.
Other terms and conditions and notice:
Terms and/or conditions sought to be imposed by the customer upon PromoPrint will not apply unless agreed in writing by PromoPrint. This includes where the customer attempts to impose its terms and conditions upon PromoPrint by attaching them, referring to them or otherwise attempting to incorporate them in any purchase order and any such attempt will be deemed invalid. In no circumstances will PromoPrint be deemed to have agreed to the customer’s terms and conditions by accepting or otherwise actioning a customer’s purchase order – no matter what a purchase order stipulates to the contrary.
The customer will pay (on a full indemnity basis) all costs and expenses of PromoPrint, its legal advisers, mercantile agents and others acting on its behalf in respect of anything instituted or being considered as a result of any breach of these terms or breach of any dealings with PromoPrint.
To give effect to its obligations arising under these terms (and especially clause 19) the customer hereby irrevocably appoints any director of PromoPrint from time to time, as its attorney.
All contracts made with PromoPrint shall be deemed to be made in victoria and the parties submit to the jurisdiction of the appropriate courts in or nearest melbourne.
PromoPrint can vary or withdraw any credit facility or limit it at any time at its discretion and without any liability to the customer or any other party.
If PromoPrint elects not to exercise any rights arising as a result of breach of these terms, it will not constitute a waiver of any rights relating to any subsequent or other breach.
Security for payment:
The customer agrees, that:
Despite anything to the contrary contained herein or any other rights which PromoPrint may have howsoever, where the customer is the owner of property (tangible or intangible), land, realty or any other asset capable of being charged and/or over which a security interest may be created ("asset"), the customer agrees, upon PromoPrint's written request, to mortgage and/or charge all of their joint and/or several interest in the asset to PromoPrint to secure all amounts and other monetary obligations payable by the customer to PromoPrint;
It grants a lien to PromoPrint over any of its property in the possession or control of PromoPrint until full payment;
It will execute any documents and to do all things requested by PromoPrint to register a mortgage (or such other security PromoPrint requires) over any current or later acquired real property the customer has an interest in;
It consents unconditionally to PromoPrint lodging a caveat noting PromoPrint's interest in any current or later acquired real property the customer has an interest in; and
Any officer of PromoPrint may (without limitation) sign documentation to effect the customer’s compliance with this clause 19 by virtue of the provisions of clause 15.
PromoPrint will not be in default or breach of any dealing with the customer as a result of force majeure (i.e.: anything beyond PromoPrint's reasonable control).
This website is owned by PromoPrint and operated by PromoPrint. Unless otherwise noted in this website, PromoPrint owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of PromoPrint' s copyright. Additionally, the PromoPrint website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions of business; or (b) with the prior written permission of PromoPrint or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
If PromoPrint utilises any design, patent or intellectual property or follows any instruction provided by or on behalf of the customer, the customer indemnifies PromoPrint against any claim, proceeding, damages or liability for any loss, cost or expense arising as a result whether for any alleged infringement of any intellectual property or otherwise.
The customer must not advertise, use or represent any intellectual property of PromoPrint or of any goods themselves in any way without the prior written consent of PromoPrint.
If the customer breaches or permits any breach of this clause, it acknowledges PromoPrint may suffer claims by third parties as a result (e.g.: by models whose images are reproduced without authority and/or by parties who are entitled to exploit any intellectual property) and clause 31 will apply.
The customer warrants and agrees that at all material times it will have all necessary industrial and intellectual property rights in any product or services it requests of PromoPrint.
PromoPrint will be and be deemed the owner of any intellectual property it creates or contributes to. Delivery thereof to the customer or at the customer’s direction will only be and be deemed to be a licence to use any such intellectual property but only after all monies due to PromoPrint from the customer are paid in full.
The PromoPrint logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of PromoPrint in australia and/or other jurisdictions, including the usa. PromoPrint's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of PromoPrint. PromoPrint’s trademarks and trade dress may not be used in connection with any product or service that is not PromoPrint’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PromoPrint. All other trademarks not owned by PromoPrint that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PromoPrint.
The customer agrees that as an express condition of the holding of an account with PromoPrint the customer shall not use the service offered by PromoPrint to infringe the intellectual property rights of others in any way. PromoPrint reserves the right, with or without notice, to terminate forthwith the account of any customer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
PromoPrint respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide PromoPrint with the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
the place where the material that you claim is infringing is located on the PromoPrint website;
(c) your address, telephone number, and email address;
(d) a statement that your claim of infringement is based on a good-faith belief;
(e) a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
PromoPrint’s address for notice of claims of copyright infringement on its site can be reached as follows:
Po box 291
South melbourne vic 3205
Compliance with acts and regulations:
Where the customer grant access to PromoPrint over the customer’s property for the purposes of PromoPrint providing goods or services to the customer, the customer shall ensure compliance with all legislation and regulations in relation to the property, including ensuring the property is in a safe state for PromoPrint and its employees to undertake any necessary work.
If PromoPrint have any concerns regarding the safety of PromoPrint’s employees, in relation to the access and use of the customer’s property, PromoPrint shall be entitled to halt all work on the customer’s property, until such time as PromoPrint’s safety concerns have been resolved. In that case the customer shall be responsible for payment of work undertaken by PromoPrint to that point.
The customer agrees that:
It has sole responsibility to ensure that materials, designs, drawings, specifications, procedures etc. Which are provided by or on behalf of the customer, to be used by PromoPrint in meeting any orders, are correct and appropriate in every particular; and
Any of its materials or property used by PromoPrint in the production of any goods or the provision of any services shall be at the customer’s risk in all things and be of merchantable quality and fit for the purpose.
Any illustration drawing or specification supplied by PromoPrint (“specs”) are drafts and approximates and are for illustration purposes and the customer should not rely on the accuracy of such specs in any way.
Any tangible or intellectual property rights in specs remain the property of PromoPrint and may be recalled at any time.
Specs are to be treated at all times as confidential and not made use of without the prior written consent of PromoPrint.
No set-off or counterclaim will be made or applied by the customer until payment in full of all bona fide invoices raised by PromoPrint (whether current or overdue) and this clause may be pleaded as a bar to any action taken prior to such payment in full.
The customer agrees that these terms binds it not only in its own capacity but also as the trustee of every trust of which it is a trustee.
Termination of these terms and/or dealings between the customer and PromoPrint ("cessation") will not end those provisions of these terms that are capable of surviving cessation.
PromoPrint has a continuing discretion to allocate available stock and gives no warranty as to certainty of supply unless expressly agreed in writing in advance.
Partial delivery/forward orders:
If the customer places forward orders or request partial or instalment delivery, the customer agrees:
To pay for so much of any order as is from time to time delivered by PromoPrint; and
That no delay or failure to fulfil any part of any order will entitle the customer to cancel or vary any order or delay or reduce any payment.
The customer will accept variation in quantities at plus or minus 5% and will pay pro-rata for the actual quantity delivered.
The customer indemnifies PromoPrint against any claim or loss arising from or related in any way to any:
Contract or transaction between PromoPrint and the customer or anything arising therefrom; breach of these terms; or transaction between PromoPrint and any third party who is engaged in any dealings which are directly or indirectly beneficial to the customer and including any franchisor, franchisee, licensor or licensee of the customer and any undisclosed purchaser of any asset of the customer who has dealings with PromoPrint.
If the customer commits or is involved in any act of insolvency, it will be deemed in default under these terms. An act of insolvency includes bankruptcy, liquidation, receivership, administration or the like and failure to pay in accordance with these terms.
Exports of any goods are governed by these terms and all international trade conventions and/or terms including but not limited to the united nations convention on contracts for the international sale of goods (known as the vienna sales convention 1980) are expressly excluded unless otherwise stipulated in these terms or on PromoPrint's invoice for the goods.
Exclusion of warranty:
To the extent permissible at law (including under the australian consumer law), PromoPrint is not bound by any warranty (and the customer agrees not to make any claim against PromoPrint in relation to any warranty) in respect of goods or services unless all goods and services have paid for in full without set-off or deduction of any kind.
The competition and consumer act 2010 (cth) and fair trading acts:
Nothing in these terms is intended to have the effect of contracting out of any applicable provisions of the competition and consumer act 2010 (cth) or the fair trading acts in each of the states and territories of australia, except to the extent permitted by those acts where applicable.
If the customer is a consumer for the purposes of the australian consumer law schedule of the competition and consumer act 2010 (“acl”), nothing in these terms limits any remedy available for a failure of the guarantees in sections 56 and 57 of the acl.
Limitation of liability:
This clause 36 is subject to any contrary provisions of any applicable law (including without limitation the australian consumer law schedule of the competition and consumer act 2010), the operation of which cannot be excluded.
To the extent permissible at law (including the australian consumer law) PromoPrint’s liability for a breach of these terms, a condition, warranty or a guarantee of supply or in relation to defective goods and services is limited to (at PromoPrint’s election):
(i) in the case of goods PromoPrint supplies:
The replacement of the goods or the supply of equivalent goods;
The repair of the goods; or
The payment of the cost of replacing the goods or of acquiring equivalent goods;
In the case of services PromoPrint supplies, the supplying of the services again,
And the customer will limit any claim upon PromoPrint accordingly.
PromoPrint will not be liable for short delivery or faulty goods unless a claim is notified to PromoPrint in writing or, where upon reasonable inspection of the goods, the customer should have become aware of such defect. The notification must include the order confirmation number, delivery note number and details of the claim. In the case of a valid claim, PromoPrint may, in its sole discretion, replace the goods (or the part in question) or refund to the customer the price (or an appropriate proportion of the price). PromoPrint will have no further liability to the customer in respect of the matters referred to in this condition 36c.
PromoPrint will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this contract by reason of any event or circumstance outside the reasonable control of PromoPrint, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or act of god.
The liability of PromoPrint, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of PromoPrint's obligations in connection with the use of the information provided under the contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this contract. It is up to the customer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will PromoPrint be liable to the customer or any other party associated with the customer from any direct, indirect, special or other consequential damages for any use of the PromoPrint website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the customer' s information handling system or otherwise, even if PromoPrint has been expressly advised of the possibility of such damages.
In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to customer in connection with the services provided through the PromoPrint website. PromoPrint hereby disclaims any and all such liability on behalf of such partners and affiliates.
The customer agrees that all tooling, material or intellectual property employed in the preparation for or production of any products or provision of any services will be and remain the property of PromoPrint notwithstanding any contribution by the customer thereto.
If PromoPrint submits to the customer a proof of the goods/services PromoPrint will not be responsible for any errors in the goods which appeared in the proof/services and which were not corrected by the customer before the order was completed or printed (whichever is the earlier).
Data loss etc.
PromoPrint will not be liable to the customer for loss, however caused, of any data stored on disks, tapes, cd-roms etc. Supplied by the customer, unless PromoPrint has agreed in writing to manage the customer's digital assets.
Quotations, estimates, additions etc.
PromoPrint may if, requested by the customer, give the customer a quote specifying:
The work required to be done in order to fulfil the customer’s instructions; and
An estimate of PromoPrint’s charge for the performance of such work ("quote").
Where PromoPrint has given the customer a quote:
PromoPrint need not commence work until the quote has been accepted by the customer;
The customer may accept the quote by instructing (orally or in writing) PromoPrint to commence work; and
(without limiting any other provision of these terms) acceptance by the customer of the quote will also be deemed to constitute acceptance by the customer of these terms.
PromoPrint will not be bound by any quotation if an order is placed outside the period of the quote's validity noted thereon and in the absence of such period being noted, 14 days from the date of the quote.
PromoPrint shall not be bound by any quote if:
It forms the view that the subject matter of the quotation is to form part of a larger transaction or series of transactions with the customer and those circumstances have materially changed; or The customer is in breach of these terms.
In addition to the amount of an estimate or quote, or where no estimate or quote was given, in addition to the amount representing PromoPrint’s charge for the work done or goods supplied, PromoPrint may charge to the customer:
Fees for any preliminary work performed at the customer’s request;
Fees for additional work required to be done as a result of the customer changing their instructions;
Fees for having to work from poor copy provided by the customer;
Fees for work which involves tables or foreign language and which was not notified to PromoPrint before a quote was prepared;
Fees for additional work required to be done as a result of author’s corrections, including repagination or reformatting;
Fees and other charges for work required to be done urgently, including any overtime costs; fees for handling or storing material or equipment supplied by the customer for the purposes of an order;
Other charges, fees or disbursements referred to in these terms not specified in this clause.style, overset etc.
If the customer fails to give PromoPrint specific instructions in relation to style, type or layout:
(i)PromoPrint may use any style, type and layout which, in PromoPrint’s opinion, is appropriate; and
(ii)PromoPrint may charge an additional amount for any additional work required to be done (including the production of additional proofs) as a result of the customer subsequently altering the style, type or layout used by PromoPrint.
The customer must pay for matter produced on the customer’s instructions but not used in a publication for which it was intended.
If the customer leaves property in PromoPrint’s possession without specific instructions as to what is to be done with it, PromoPrint may, 6 months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
PromoPrint has no obligation to insure any property of the customer in PromoPrint’s possession unless PromoPrint has agreed in writing with the customer to do so. The customer must pay the cost of any insurance arranged by PromoPrint at the request of the customer.
PromoPrint will not be responsible for storing any data on disks, tapes, compact disks or other media when the order has been completed. If PromoPrint agrees to store such data, PromoPrint may charge for doing so.
If PromoPrint and the customer agree that the customer is responsible for supplying materials or equipment for the purposes of an order:
The customer must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by PromoPrint;
PromoPrint will not normally count or check the materials and if requested by the customer to do so, may charge for counting or checking;
PromoPrint will not be responsible for any defects in the goods which are caused by defects in or the unsuitability of materials or equipment supplied by the customer; and
Property in any materials supplied by the customer and incorporated into the goods passes to PromoPrint at the time of incorporation.
Without in any way limiting clause 11, if the customer is in default of any part of these terms (including but not limited to clause 1(a)), PromoPrint may bill the customer (and the customer must pay) for finance stock. For the purposes of this clause, "finance stock" means finished goods and any components or raw materials of goods which have been reasonably acquired or made by PromoPrint (but not yet paid for by the customer) in order to provide goods and/or services to the customer.
PromoPrint may bill (and the customer must pay in accordance with these terms) for all finished goods and any components or raw materials of goods that have been reasonably acquired or made by PromoPrint in order to provide goods and/or services to the customer and which have been held by PromoPrint in excess of 6 months.
Unless PromoPrint and customer agree otherwise, drawings, sketches, paintings, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by PromoPrint in the course of or in preparation for performing an order (whether or not in fact used for the purposes of performing an order) are the property of PromoPrint.
Copyright in all artistic and literary works authored by PromoPrint shall be the property of PromoPrint.
The customer warrants that the customer has copyright in or a licence to authorise PromoPrint to reproduce, all artistic and literary works supplied by the customer to PromoPrint for the purposes of an order and the customer hereby expressly authorises PromoPrint to reproduce all and any of such works for the purposes aforesaid; and
Hereby indemnifies and agrees to keep indemnified PromoPrint against all liability, losses or expenses incurred by PromoPrint in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in such literary and artistic works supplied as aforesaid;
The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by PromoPrint for the purposes of an order however the exercise of such licence shall be conditional upon PromoPrint having received all monies due to PromoPrint under these terms.
The customer must keep confidential and not use any ideas communicated by PromoPrint to the customer without PromoPrint’s written consent.
All disks, tapes, cd-roms or other media (other than media supplied by the customer) used by PromoPrint to store data for the purposes of completing an order are the property of PromoPrint. The customer cannot require PromoPrint to supply to the customer any data so stored. If PromoPrint does supply any data so stored or created, PromoPrint may charge for supplying such data to the customer.
Any discount offered by PromoPrint is at its complete discretion and will only be available provided the customer is not in breach of any part of these terms nor in default in any of its dealings with PromoPrint.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. PromoPrint’s failure to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. Customer shall not assign this agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of PromoPrint, and any such attempted assignment shall be void. PromoPrint shall have the right to freely assign all or part of this agreement, and its rights and obligations hereunder, to any third party without requiring the consent of or notice to customer. Subject to the foregoing, this agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This agreement sets forth the entire understanding and agreement between PromoPrint and customer with respect to the subject matter hereof. The section and subsection titles in the agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this agreement may be entered into electronically, and without the necessity of written signatures.
Australian consumer law warranty
Our goods come with guarantees that cannot be excluded under australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.