STANDARD TERMS AND CONDITIONS
In these Terms and Conditions:
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Completion” means completion of the Project, but does not include the provision of Customer content unless otherwise specifically stated in the Quotation and/or Proposal.
“Credit Account” means a customer account with Colemans Printing created by filling out a New Customer Credit Account Application Form.
“Colemans Printing” means Colemans Printing Pty Ltd (ABN 55 658 215 792) and Colemans Printing Alice Springs Pty Ltd (ABN 79 639 424 294).
“Customer” means any person, corporation or other legal entity who has set up a Credit Account with Colemans Printing.
“Goods and/or Services” includes all goods and/or services supplied by Colemans Printing to the Customer including all relevant materials and any branding and design services, copywriting, website design and development, email marketing, or any other good or service offered to and supplied from time to time to the Customer by Colemans Printing.
“Invoice” means a tax invoice for Goods and/or Services supplied by Colemans Printing to the Customer.
“Project” means the Goods and/or Services to be supplied by Colemans Printing as detailed in a Quotation and/or Proposal issued by Colemans Printing to the Customer (and including any agreed variation to such Quotation and/or Proposal).
“Proposal” means a written proposal for the supply of Goods and/or Services and completion of Project issued by Colemans Printing to the Customer and which includes a Quotation.
“Quotation” means a written quotation for the costs of supplying the Goods and/or Services (including material, labour and other applicable costs) issued by Colemans Printing to the Customer.
“Terms and Conditions” means these terms and conditions which are applicable to the supply of the Goods and/or Services by Colemans Printing to the Customer.
1. Quotations, Proposals and Customer Credit Account Applications
1.1 No contract shall arise between Colemans Printing and a Customer unless and until the following occurs:
1.1.1 The Customer completes a “Customer Credit Account Application Form” and the form is accepted by the Colemans Printing.
1.1.2 Colemans Printing has provided a Quotation and/or Proposal to the Customer based on the brief and or instructions provided by the Customer; and
1.1.3 The Customer accepts the Quotation prior to its expiration date and/or Proposal by placing an order, instructing Colemans Printing to proceed and/or by paying any upfront fees as agreed between the parties.
1.2 Quotes/Proposals are valid for a period of 30 days from their date of issue. Quotes will be deemed accepted upon the Customer placing an order and/or instructing Colemans Printing to proceed with the Project.
1.3 Prices included in Quotations and Proposals are based on Colemans Printing’s current cost of production, (materials, labour, machine time etc). If the price of any component such as labour, materials or production costs increases between the date of the Quotation and the Completion Date, Colemans Printing reserves the right to vary the amount payable to reasonably reflect the increase in costs incurred by Colemans Printing.
1.4 In the event that a Quotation/Proposal is required to be varied, Colemans Printing will give notice, via telephone call or email, to the Customer in accordance with the information provided on their customer credit account. The Customer will have the right to terminate the agreement in writing and cease the work if such notice is issued by Colemans Printing, subject to the payment of all costs for work performed by Colemans Printing up to the date of such termination.
1.5 By submitting a “Customer Credit Application Form” you authorise Colemans Printing to make inquiries into the trade references that you have supplied.
2. Costs and Fees
2.1 All costs and Quotations given to Customers are based on the reasonable costs required to carry out the work (including labour, materials, production costs etc.). Where requested, Colemans Printing may consider a credit arrangement with a Customer.
2.2 All credit extended to a Customer may be reduced or eliminated in the event that Colemans Printing Pty Ltd, in its reasonable discretion, determines that the applicant’s financial situation or ability to pay is impaired.
2.3 The Customer will be liable for any goods and services tax payable on the supply of Goods and/or Services by Colemans Printing to the Customer. Goods and services tax will be charged in addition to costs and fees and will be itemised in the Invoices.
3. Payment Terms
3.1 All cash-sale Invoices will be payable COD on pickup with credit and debit card payment facilities being available, unless prior credit arrangements have been agreed with Colemans Printing.
3.2 All credit arrangements will require Colemans Printing’s Customer Account Application form to be completed and approved by Colemans Printing. All credit provided to a Customer must be paid in full within 7, 14 or 30 days from the date of the Invoice, depending on the agreement with Colemans Printing.
3.3 Colemans Printing reserves the right to request that a deposit be paid by the Customer for certain Goods or Services requested. Any deposit specified by Colemans Printing must be paid by the Customer on the date of acceptance of the quote. The amount of deposit will vary with the Goods and/or Services to be provided.
3.4 Colemans Printing will issue Invoices at Completion of the Project for the price specified in the Quotation plus any additional charges referred to in these Terms and Conditions. If the Project is lengthy, Colemans Printing may at its sole discretion issue interim Invoices on either a monthly basis or such other period by reference to the work performed to that date as reasonably calculated by Colemans Printing by reference to the amount or nature of the work performed.
3.5 Colemans Printing reserves the right to require that the Customer must pay in advance, before a Good or Service has been provided depending on the nature of the work performed.
3.6 Trading terms exceeding 45 days, credit will be withdrawn until such time as the account is paid and may incur interest charges. All orders within the Colemans Printing system will be held pending payment of the outstanding account.
4.1 Any claims against Colemans Printing, arising from any Goods or Services, work completed, or invoices issued in accordance with a Quotation, must be made in writing within thirty (30) days of receipt of the Goods/Services or within thirty (30) days of receiving notice that the Goods or Services are available for collection which is earlier.
5.1 The risk in the Goods and/or Services passes to the Customer at the time of delivery if Colemans Printing delivers the Goods and/or Services to the Customer’s premises or the Customer collects the Goods and/or Services from Colemans Printing’s premises. If the Goods and/or Services are not collected or delivered within 7 days of Colemans Printing notifying the Customer that the Goods and/or Services are ready for collection, risk passes on this date.
5.2 The risk of damage to or destruction of any item delivered by Colemans Printing to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.
5.3 Colemans Printing shall not be liable for insurance, freight or loss or damage to Goods and/or Services in transit incurred in delivery or which have been left at Colemans Printing’s premises.
5.4 Colemans Printing has no obligation to insure any property of the Customer in Colemans Printing’s possession.
5.5 If a Customer leaves property in Colemans Printing’s possession for more than 12 months, Colemans Printing may dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
6.1 All rights, title and interest in all goods detailed herein shall remain the property of Colemans Printing Pty Ltd until the Amount owing has been paid in full.
6.2 Ownership of and title to the Goods and/or Services contained in any Project delivered to the Customer under any contract between Colemans Printing and the Customer, shall not pass to the Customer until payment in full of all Invoices and outstanding sums due to Colemans Printing under such contract has been made to Colemans Printing.
6.3 Until the Goods and/or Services have been paid for in full and title has passed to the Customer, the Customer must not:
6.3.1 either sell or use the Goods and/or Services as prepared by Colemans Printing; or
6.3.2 sell, assign, charge or otherwise encumber or grant any interest over any debts and other obligations which any third party may owe to the Customer as a result of the use, manufacture or resale of the Goods and/or Services.
6.4 The Customer acknowledges and agrees that these Terms and Conditions, and any further contract between the Customer and Colemans Printing, may cause a security interest to be created in all present and after acquired goods or services under the Personal Properties Securities Act 2010.
6.5 In any security interest created under condition 6.4, Colemans Printing is a secured party in relation to the Good and/or Services and any proceeds of the Goods and/d or Services, and shall be entitled to register its security interest on the Personal Properties Securities Register.
6.6 The Customer agrees to:
6.6.1 take all reasonable steps requested by Colemans Printing to ensure its security interest in the Goods and/or Services and the proceeds is enforceable, and to perfect, or better secure the position of Colemans Printing;
6.6.2 reimburse Colemans Printing for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Security Register;
6.6.3 give Colemans Printing not less than 14 days’ prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details.
6.7 The Customer waives any rights to receive any verification statement or other notice required to be issued under the Personal Properties Securities Act 2010.
7. Late or Non-Payment
7.1 If an Invoice is not paid when due, Colemans Printing may cease any further work on a Project until all outstanding Invoices have been paid.
7.2 Colemans Printing may at its option charge interest on amounts not paid when due:
7.2.1 Such interest is to be calculated on a daily basis from the date any such amount should have been paid until the date of payment;
7.2.2 Such interest will be payable at a rate equal to that charged by Colemans Printing’s chosen financial institutiton on overdrafts not exceeding $100,000; and
7.2.3 Such charge represents Colemans Printing’s genuine assessment of the liquidated damages which Colemans Printing will suffer as a result of the Customer’s delay in making payment.
7.3 The Customer must pay to Colemans Printing any costs, expenses or losses incurred by Colemans Printing as a result of the Customer’s failure to pay Colemans Printing all sums outstanding when they fall due, (including without limitation all debt collection and legal costs, on an indemnity basis) which are incurred by Colemans Printing in recovering monies due by the Customer to Colemans Printing.
8. Collection of Goods
8.1 Colemans Printing shall notify the Customer when the Goods and/or Services are ready for collection.
8.2 The Customer must collect the Goods and/or Services from Colemans Printing’s premises upon being notified by Colemans Printing that the Goods and/or Services are ready for collection. If Colemans Printing agrees to deliver the Goods and/or Services, the Customer shall bear all freight and charges of such delivery.
9.1 Except as provided herein or under the Australian Consumer Law, Colemans Printing shall not be liable to the Customer in contract or tort for any loss or damage or for consequential loss or damage of any kind (including but not limited to increased costs or expenses, any loss of profit, revenue, business, contracts or anticipated savings, any loss or expenses resulting from a claim by a third party or any other special, indirect or consequential loss or damage of any nature whatsoever) arising out of the supply of the Goods and/or Services, or arising out of Colemans Printing’s negligence, or caused by Colemans Printing’s failure to complete or delay in completing the Project or to deliver Goods and/or Services or in any way whatsoever.
9.2 Except as otherwise provided in the Australian Consumer Law, any advice, recommendation, information, assistance or service given by Colemans Printing in relation to the Goods and/or Services provided by Colemans Printing or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. Colemans Printing does not accept any liability or responsibility for any loss suffered as a result of the Customer’s reliance on such advice, recommendation, information, assistance or service.
9.3 Colemans Printing acknowledges liability for the guarantees in relation to the supply of Goods and/or Services prescribed by the Australian Consumer Law provided that to the extent permitted by the Australian Consumer Law, the liability for any failure to comply with such guarantees is hereby limited to:
9.3.1 In the case of Goods, any one or more of the following:
(a) The replacement cost of the Goods or the supply of equivalent goods; or
(b) The repair or cost of the repair (if applicable) of the Goods.
9.3.2 In the case of Services:
(a) The supplying of the Services again (to rectify any breach); or
(b) The payment of the cost of having the Services supplied again.
9.4 Except as otherwise provided in the Australian Consumer Law, Colemans Printing will not be liable to the Customer for loss, howsoever caused, of any Customer property supplied to Colemans Printing or for any damage, loss or destruction of any Customer property unless the loss or damage has been caused by the failure of Colemans Printing to exercise due care and skill in handling or storing such property (this includes the storage of data on disks, tapes, compact disks or other media supplied by the Customer.)
9.5 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Colemans Printing are expressly excluded (unless such warranties cannot at law be excluded).
10. Material Supplied by Customer
10.1 If the Customer, under these Terms and Conditions or a contract with Colemans Printing, the Customer is responsible for supplying any materials required to complete a Project, the Customer warrants that they shall supply sufficient materials to allow as specified by Colemans Printing to complete the Project.
10.2 Colemans Printing will begin the project on the basis that the Customer has provided the specific materials without counting or checking the condition of the materials. If the Customer requires Colemans Printing to verify or confirm that the materials supplied are sufficient for the Project, Colemans Printing reserves the right to charge a reasonable rate to check or verify the materials.
10.3 Colemans Printing will not be responsible for any defects in the Goods, which are caused by defects in or the unsuitability of materials supplied by the Customer.
11. Copyright and Trademarks
11.1 Copyright in all work produced by Colemans Printing shall remain the property of Colemans Printing unless otherwise agreed in writing.
11.2 Colemans Printing, in its absolute discretion, reserves the right to deny or reject a contract for the production or supply of a Good or Service that will be used for unlawful or unethical purposes (including copyrighted material, or production of content that is objectionable, threatening, obscene or pornographic).
11.3 The Customer warrants to Colemans Printing that the Customer has ownership and title of any material supplied, or a license to authorise Colemans Printing to reproduce all materials supplied by the Customer to Colemans Printing for the purpose of the Project. The Customer expressly authorises Colemans Printing to reproduce all and any of such works for the purposes of the Project.
11.4 The Customer warrants it has the right to use applicable trademarks which may be incorporated in any Project.
11.5 The Customer indemnifies and agrees to keep Colemans Printing indemnified against all liability, losses or expenses incurred by Colemans Printing in any way directly or indirectly connected with any breach of copyright and trademarks or any third party in relation to any materials supplied by the Customer for the purpose of the Project.
11.6 Conditional upon receipt of payment in full for the work performed by Colemans Printing, Colemans Printing grants to the Customer a non-exclusive and enduring license to use Colemans Printing’s copyright in works created by Colemans Printing for the purposes of the Project only, but for no other purposes.
12.1 The Customer must keep confidential and must not (without Colemans Printing’s written consent) use any ideas, systems or processes, intellectual property communicated or made available by Colemans Printing to the Customer.
12.2 Similarly Colemans Printing agrees to maintain the confidentiality of the Customer in all confidential materials, confidential information or private information supplied by the Customer to Colemans Printing for the purpose of the Project.
13. Final Proofs
13.1 Final proofs will be presented by Colemans Printing to the Customer for approval prior to Completion of work which forms part of the Project.
13.2 When the Customer executes Colemans Printing’s proof approval document, the Customer is assumed by Colemans Printing to have reviewed all aspects of the material presented and to be satisfied with it and to have noted any exceptions in writing.
13.3 If Colemans Printing has submitted to the Customer a proof of the work, Colemans Printing will not be responsible for any error in the work which appeared in the proof and which was not corrected by the Customer before the Project was completed. The cost of additions or alterations to any proof submitted to a Customer will be added to the price.
14. Changes to Terms and Conditions
14.1 These Terms and Conditions may be amended at any time without notice to the Customer. The Terms and Conditions which apply to any Proposal will be those current at the date of the Quotation and/or Proposal.
15.1 Any provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
16. Governing law and jurisdiction
16.1 These Terms and Conditions are governed in law in force in the Northern Territory of Australia and the parties submit to the non-exclusive jurisdiction of the courts of the Northern Territory of Australia for any proceedings in connection with these Terms and Conditions.
WEBSITE TERMS AND CONDITIONS
In these Terms and Conditions of Use a reference to Colemans means Colemans Printing Pty Ltd ABN 55 658 215 792 and any of its subsidiaries from time to time.
By accessing, browsing or making purchases using the Colemans Web Site (‘Web Site‘) you agree to these Terms and Conditions of Use (‘Terms and Conditions‘). Colemans may update or change this Web Site including these Terms and Conditions from time to time without prior notice. You should regularly check these terms and conditions. The terms and conditions displayed on the Web Site at the time of your order will govern that purchase.
The content on this Web Site is Coleman’s intellectual property and subject to copyright. You may view, download for caching purpose only, and print pages from this Web Site for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.You must not:
- republish material from this Web Site (including republication on another Web Site);
- sell, rent or sub-license material from the Web Site;
- show any material from the Web Site in public;
- reproduce, duplicate, copy or otherwise exploit material on this Web Site for a commercial purpose;
- edit or otherwise modify any material on the Web Site; or
- redistribute material from this Web Site.
- Trade marks
The trade marks, names and service marks (collectively “trade marks”) for goods and services referred to in this Web Site are trade marks of Colemans. Other product and company names mentioned in this Web Site may be the trade marks of other people or entities. You must not use, modify, or permit the modification of any of the trade marks in any way.
- Links to Other Sites
For your convenience and information, this Web Site may contain links to other sites. Colemans makes no representation or warranty as to the accuracy, currency or any other aspect of the information on those linked sites. A link to another site should not be construed as an endorsement or recommendation by Colemans of any information, goods or services on that other site.
- Linking to this Web Site
You may only link to this Web Site with the express written permission of Colemans. Any links if allowed, must only link directly to this Web Site’s homepage (and no other pages within the Web Site) unless otherwise agreed by Colemans in writing.
- Acceptable Use
You must not use this Web Site in any way that causes, or may cause, damage to the Web Site or impairment of the availability or accessibility of the Web Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.You must not use this Web Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Web Site without Colemans express written consent.You must not use this Web Site to transmit or send unsolicited commercial communications.
You must not use this Web Site for any purposes related to marketing without Colemans express written consent.
- Virus Warning
The internet and the world wide web are unsecured public networks. You acknowledge and agree that (and will be responsible for any loss or damage caused by the following):(a) information sent to or from this online area may be intercepted, corrupted or modified by third parties; or(b) files obtained from or through this online area may contain computer viruses or other defects.
- Restricted Access
Access to certain areas of this Web Site is restricted. Colemans reserves the right to restrict access to areas of this Web Site, or indeed this entire Web Site, at Colemans discretion.If Colemans provides you with a user ID and password to enable you to access restricted areas of this Web Site or other content or services, you must ensure that the user ID and password are kept confidential.Colemans may disable your user ID and password in Colemans sole discretion without notice or explanation.
- No Warranties
This Web Site is provided “as is” without any representations or warranties, express or implied. Colemans makes no representations or warranties in relation to this Web Site or the information and materials provided on this Web Site.Without prejudice to the generality of the foregoing paragraph, Colemans does not warrant that:
- this Web Site will be constantly available, or available at all; or
- the information on this Web Site is complete, true, accurate or non-misleading.
- Limitations of liability
Colemans will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Web Site:
- to the extent that the Web Site is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Colemans has been expressly advised of the potential loss.
Colemans failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted by Colemans in writing.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Applicable laws
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of the Northern Territory. In the event of a dispute out of or relating to these Terms and Conditions, or your use of or access to this Web Site, litigation must be brought in a State or Federal Court in Darwin Australia.