Terms and Conditions

Terms and conditions of trade.

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1.   General
  (a) In the interpretation of this contract, ‘ supplier ' means ADscene Promotions, the ‘ customer ' means the person, firm, company or organisation to whom the quotation or invoice is addressed and ‘goods' means the goods or service specified on the quotation or invoice or offer.
  (b) The customer 's order affirms their acceptance of these terms and conditions.
  (c) This Deed will be governed by and construed pursuant to the laws of New South Wales and the parties agreed to submit to the jurisdiction of the Courts of New South Wales in conjunction with any dispute relating to this Deed.
  (d) Any pro vision of this Deed which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining pro vision s of this Deed or affecting the validity or enforceability of such pro vision s in any other jurisdiction.
     
2.   Terms of Contract
    All quotations and offers contained on the face hereof or to which this schedule is attached are made by the supplier and all orders are accepted by the supplier (where expressed or implied) only on condition that the terms and conditions of this contract shall apply. No term or condition contained in the customer's acceptance or order or other document purporting to relate to this contract shall add to, amend or delete these terms and conditions or any of them unless expressly agreed to in writing by a duly authorised officer of the supplier .
     
3.   Terms of Payment
  (a) Cash On Delivery
    (i) One-third (33%) deposit is required on all orders.
    (ii) Balance must be paid in full on completion or advice from supplier that completed goods are ready for delivery.
    (iii) Delay in payment of balance will incur a 1.5% late fee per month or part thereof, and any cost incurred through action taken by supplier to recover monies due to late payment, including but not limited to debt collecting cost, shall be paid by the customer .
    (iv) New accounts will require payment in full with order before items are handed over or dispatched, until credit status is granted.
     
  (b) Account Holders
    (i) Credit will only be granted after 5 orders have been placed and processed smoothly and a credit application has been lodged.
    (ii) Balance must be paid within FOURTEEN (14) days from invoice if credit status is granted.
    (iii) In the event of any accounts outstanding in excess of 30 days; any new orders you require will not be processed. You will be notified about your credit which will be stopped until the outstanding amount is received.
    (iv) Delay in payment of balance will incur a 1.5% late fee per month or part thereof, and any cost incurred through action taken by supplier to recover monies due to late payment, including but not limited to debt collecting cost, shall be paid by the customer .
     
4.   Delivery Periods and Risk
  (a) Delivery date is made in good faith as an estimate only and the supplier shall incur no liability whatsoever if such date is not met. The supplier shall not be liable for any loss, damage or delay directly or indirectly caused by war, strikes, lock-outs, damage to or break down of plant, perils of the sea or other causes beyond our control including failure from any cause whatsoever on the part of any supplier to deliver the whole or any part of the goods, materials or components.
  (b) Unless the customer has requested supplier to make special delivery arrangements the risk in respect of the goods shall pass to the customer upon delivery to the customer's premises or the nominated carrier's depot. The customer shall provide or cause to be provided full and clear access for delivery and will at it's own expense provide all necessary assistance at the nominated place of delivery.
  (c) Where the customer has requested special delivery arrangements (ie: other than the supplier delivering to the customer's premises) the risk in respect of the goods shall pass to the customer upon the goods leaving the premises of the supplier in Sydney . Supplier will not under any circumstances accept liability for damage, shortage or loss during transit.
  (d) If delivery of the goods by supplier is delayed for a cause other than its own negligence the customer shall not be entitled to cancel this contract for any reason thereof.
  (e) Goods will be delivered to your business address with invoice attached unless specified otherwise. We post invoices to your business address on day of dispatch if goods sent to another address.
  (f) Where no freight company is specified on your order, we will ship by our carriers (fastest and most economical means) and add freight costs to invoices.
  (g) Insurance on goods in transit is at your risk.
     
5.   Orders
    All orders to be placed in writing, email communication, or by signing quotation.
     
6.   Order Fulfillment
    All efforts will be made to deliver exact quantity. However supplier reserves the right to overrun or underrun by 10% and will invoice accordingly.
     
7.   Ownership
    Despite any other term to the contrary, the parties hereby agree that title in the goods shall not pass to the customer until all accounts and/or outstanding invoices owing to the s upplier have been paid in full.
     
8.   Cancellation of Orders
    Since most items are customised we cannot refund any customised item if customer simply changes their mind or makes a wrong decision. Once placed, orders can not be cancelled or changed unless agreed upon in writing by supplier and upon terms that reimburse and indemnify supplier against all loss including cartage, bank charges or other incidental expenses on any part of the order that is cancelled. However, customer is entitled to either a refund, exchange or credit where goods are faulty, have been wrongly described, are different from a sample shown or do not do what they are supposed to. Supplier reserves the right to choose whether to give refunds, exchange or credit.
     
9.   Advice
    The customer expressly acknowledges and agrees that the supplier is not liable for any advice given by the supplier or its employees in relation to the suitability of any purpose of goods or materials or services supplied by us and all such advice relied upon is at the customer's risk.
     
10.   Artwork
    Artwork is to be submitted in a clear and sharp, high resolution and editable computer format such as Adobe Illustrator (AI), Corel Draw or the like. Additional charges will be confirmed in writing prior to commencing production for touch up or redrawing of art work.
     
11.   Trademarks
    As we are acting on your purchase order, any breach of copy right and trade mark laws is your responsibility not ours. Any reproduction of trade marks must be accompanied by a letter of authorisation from the owner of that trade mark.
     
12.   Limit of Liability
    The supplier shall not be liable for any direct, indirect or consequential loss or damage of any kind howsoever and whatsoever
     
13.   Confidentiality
    All information regarding customer ' s , orders and artwork between the customer and supplier will remain confidential.
     
14.   Disclaimer
    Supplier reserves the right to change these conditions without written notification.