1.1 Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between a printer and customer for the supply of goods and/or services by the printer to the customer.
In these Terms and Conditions:
“EPG” means Eckersley Print Group.
“Additional Work” includes all work undertaken by the printer as a consequence of the customer’s variation, alteration or modification of its instructions in relation to the Order;
“Business Day” means a day on which banks are open for general banking business in the State or Territory in which the printer’s premises are located; “Estimate” means the estimate referred to in sub-clause 2.1(b) (as amended in accordance with clause 2.4);
“Freight Costs and Charge” includes all costs and expenses incurred by the printer in removing the Goods from its premises, whether by way of actual or attempted delivery to the customer or otherwise;
“Goods” means all present and after acquired goods produced by the printer under an Order;
“GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Interest Rate” means a rate2% higher than the Cash Target Rate as fixed by the Reserve Bank of Australia;
“Order” means the work required to be done in order to fulfil the customer’s instructions;
“Preliminary Work” means any and all work performed by the printer at the customer’s express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of the printer at the time when the printer supplied the Estimate;
“Printer’s Charge” refers in each case to the standard or usual fee charged by the printer from time to time in respect of the Order;
“Quote” means the quote described in clause 2.1.
In these Terms and Conditions, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) a reference to a clause is a reference to a clause of these Terms and Conditions;
(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.
In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.
1.5 Business Day
If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:
(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and
(b) in all other cases, may be done on the next Business Day.
2.1 Printer to supply quote
The printer may if, requested by the Customer, give the customer a quote specifying:
(a) the work required to be done in order to fulfil the customer’s instructions; and
(b) an estimate of the printer’s charge for the performance of such work.
2.2 Acceptance by customer
Where the printer has given the customer a Quote:
(a) The printer need not commence work until the Quote has been accepted by the customer.
(b) The customer may accept the Quote by instructing (orally or in writing) the printer to commence work.
(c) Quotes are valid for 30 days from the date of issue. Following that period, the Printer reserves the right to re-price the quote.
(d) Acceptance by the customer of the Quote, whether express or implied, will constitute acceptance by the customer of these Terms and Conditions.
2.3 Quote evidence of instructions
If the Quote is accepted by the customer, the subject of the quote (the work) shall be carried out and the customer shall pay for the work in accordance with the Quote and these Terms and Conditions.
2.4 Printer may revise Estimate
The printer may amend the Estimate before the Order has been completed to take into account any rise or fall in the cost of performing the Order and the printer shall notify the customer of such amendment as soon as practicable thereafter. Upon the printer giving the customer notification of such amendment such amended estimate shall be and be deemed to be the Estimate for the purposes of these Terms and Conditions.
Subject to clause 5.3, when the Order has been completed, the printer will issue an invoice to the customer for the amount of the Estimate or, if no Estimate was made, for an amount representing the Printer’s Charge for the work done in filling the Order, and for any of the other charges specified in clause 3.2.
3.2 Additional Charges
In addition to the amount of the Estimate, or where no Estimate was given, in addition to the amount representing the Printer’s Charge for the work done, the printer may charge to the customer:
(a) fees for any preliminary work performed at the customer’s request;
(b) fees for additional work required to be done as a result of the customer changing his, her or its instructions;
(c) fees for having to work from poor copy;
(d) fees for work which involves tables or foreign language, and which was not notified to the printer before the Quote was prepared;
(e) fees for additional work required to be done as a result of author’s corrections, including repagination or reformatting;
(f) fees and other charges for work required to be done urgently, including any overtime costs;
(g) fees for handling or storing material or equipment supplied by the customer for the purposes of the Order;
(h) fees for changing or correcting, in order to ensure that the Goods are properly produced, any plates, film, bromides, artwork or any document including computer files supplied for the purposes of the Order by the customer;
(i) freight costs and charges;
(j) other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.
The printer shall notify the customer when the Goods are ready for collection.
The customer must collect the Goods from the printer’s premises upon being notified by the printer that the Goods are ready for collection. If the printer agrees to deliver the Goods, the customer shall bear all freight costs and charges of such delivery.
Subject to clause 7.1 the customer may only reject the Goods if they do not comply with the customer’s instructions. If the customer wishes to reject the Goods, the customer must notify the printer of the rejection:
(a) if the printer agrees to deliver the Goods to the customer’s premises –within 7 days of delivery (or such other time as is mutually agreed);
(b) otherwise - within 7 days of notification that the Goods are ready for collection (or such other time as is mutually agreed).
The risk in the Goods passes to the customer:
(a) if the printer delivers the Goods to the customer’s premises - at the time of delivery;
(b) otherwise - at the time the printer notifies the customer that the Goods are ready for collection.
If the customer is entitled to reject the Goods and rejects the Goods in accordance with these Terms and Conditions, risk reverts to the printer at the time the customer notifies the printer that the Goods are rejected.
The printer shall not be liable for insurance, freight or loss or damage to Goods or Services in transit incurred in delivery or which have been left at the printer’s premises.
The printer has no obligation to insure any property in the printer’s possession.
If a client leaves property in the printer’s possession for more than 6 months, the printer may dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
The printer will not in any circumstances be liable for any claim, liability, expense or cost emanating from non-delivery or delay to delivery caused by circumstances, directly or indirectly, beyond the control of the printer. In such circumstances, the printer may unilaterally suspend any delivery for any period and/or cancel any agreement of sale without liability whatsoever in consequence thereof.
5.1 COD Customers. Customers known as COD customers, that is, without an approved monthly trading account with the printer, must pay in full for the goods the customer has ordered, and that the printer has supplied, prior to or on delivery of said goods.
5.2 Approved Monthly account customers.
- All goods and services supplied by EPG to the Customer during any calendar month must be paid for in full by the Customer on or before EPG’s last trading day in the following month.
- A monthly billing cycle will apply. During each month EPG will render to the Customer a statement of account in respect of the preceding month.
- In the case of a monthly credit account opened in the names of two or more persons these persons are jointly and severally liable to pay that account.
- If the amount shown to be payable on such statement of account is not paid by the Customer to EPG on or before EPG’s last trading day in the month following the month for which that statement of account is rendered then EPG reserves the right at all times to suspend or discontinue the supply of goods and services to the Customer without being obliged to give any reason for its action.
PRIVACY ACT 1988
1. The Customer is informed that personal information (including an opinion) relating to the Customer might be disclosed by EPG to a credit reporting agency.
2. The Customer agrees (a) to EPG, obtaining from a business which provides information concerning commercial activities or commercial credit worthiness and using that information to assess the customer’s application for credit terms. (b) To any credit reporting agency giving to EPG, a credit report requested by it for the purpose of assessing the customer’s application and which contains personal information about the Customer. (c) To EPG disclosing to or receiving from any other credit provider any credit report or records or information that has any bearing on the customer’s credit worthiness, credit standing, credit history or credit capacity for any of the following purposes: to assess an application by the customer for credit; to notify other credit providers of a default by the customer; to exchange information with other credit providers as to the status of the customer’s account where the customer is in default with another credit provider; to assess the customer’s credit worthiness at any time.
5.2 Method of payment
Payment for the Goods is to be made by the customer by cash, cheque, credit or any other form of payment as agreed by the printer and the customer. Unless otherwise stated, all payment shall be in Australian Dollars.
The printer may charge interest at at its current bank overdraft rate plus one and one half (1.5%) as a handling fee on amounts not paid within the time specified in clause 5.1 and 5.2.
5.4 Advance and progress payments
(a) The printer may issue an invoice for the amount of the Estimate before commencing the Order where the printer has not previously carried out work for the customer or where the printer considers it otherwise prudent to do so;
(b) The printer may, in the event that the printer is of the view that completing the Order will take more than a month, at any time before the Order is completed, issue one or more invoices for a proportion of the amount of the Estimate (the proportion to be at the printer’s discretion) and require that proportion of the Estimate to be paid in advance of any further work being done.
(c) If the Order is suspended for more than 30 days at the request of the customer or as a result of something for which the customer is responsible, the printer may issue an invoice for a particular sum (to be specified by the printer) for the work already done and for other costs incurred by the printer (such as storage costs).
The customer must pay to the printer any costs, expenses or losses incurred by the printer as a result of the customer’s failure to pay to the printer all sums outstanding from the customer to the printer (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).
6.2 Retention of title
(a) Until the customer has paid all amounts outstanding in relation to the Goods and any other goods supplied by the printer to the customer, title and property in the Goods shall not pass from the printer to the customer.
(b) If the Goods are in the customer’s possession, the customer shall hold the Goods as trustee for the printer and must store the Goods so that they are clearly identifiable as the property of the printer.
(c) The printer may call for and recover possession of the Goods (for which purposes the printer’s employees or agents may enter the customer’s premises and take possession of the Goods without liability to the customer) and the customer must deliver the Goods to the printer if so directed by the printer.
(d) The customer may, in the ordinary course of the customer’s business, sell the Goods to a third party but:
(i) the proceeds of sale to the third party shall be held by the customer as trustee for the printer and the customer shall account to the printer for those sums; and
(ii) if the printer requires, the customer shall assign to the printer the customer’s claim against the third party and shall execute all documents necessary to effect that assignment.
6.3 General lien
The printer shall, in respect of all sums owed by the customer to the printer hereunder, have a general lien on all property of the customer in the printer’s possession and may, after 14 days’ notice to the customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the customer’s property held by the printer as aforesaid enjoys copyright protection in
favour of the customer, the customer hereby grants to the printer a licence to exercise the rights conferred on the printer under this clause.