Our Terms and Conditions
1.1 How to Apply These Terms and Conditions
Any contract between Printing & More and a customer for the supply of goods and/ or services by Printing & More to the customer will incorporate these Terms and Conditions.
1.2 Interpretation In These Terms and Conditions
A “Business Day” refers to a day in which general banking business can be conducted in the Sate or Territory where Printing & More’s premises are situated, i.e. a day on which banks are open.
An “Estimate” is specifically the estimate referred to in clause 2.1(b) and amended by clause 2.4.
“Goods” are the final goods produced by Printing & More at the end of a completed Order.
“GST” refers to A New Tax System (Goods and Services Tax) Act, 1999
The “Interest Rate” is specifically the aggregate of 2% (two percentum) and the rate of interest expressed as a percentage per annum charged by the Commonwealth Bank of Australia from time to time on Overdraft Accounts exceeding One Hundred Thousand Dollars
“Order” is the work that needs to be done to complete the customer’s instructions.
“Quote” means the quote described in clause 2.1
1.3 Generally In These Terms and Conditions
Unless the context of these Terms and Conditions otherwise shows, generally:
(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.
1.4 Headings In These Terms and Conditions
Headings are for reference only, and do not affect interpretation of the clauses themselves.
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
(b) in all other cases, may be done on the next Business Day.
2.1 If Printing & More is to Supply a Quote
If a customer requests, Printing & More can supply a quote that will specify:
(a) the work that must be done to complete a customer’s order.
(b) an estimate of the price that Printing & More will charge for completion of that work.
2.2 When a Customer Has Accepted a Quote
Where Printing & More has given the customer a Quote:
(a) until the Quote has been accepted by the customer, Printing & More does not have to commence the work,
(b) the customer can accept the Quote orally or in writing, and tell Printing & More to commence the work.
(c) Acceptance of the Quote by the customer will constitute acceptance by the customer of these Terms and Conditions.
2.3 Quote – Evidence of Instructions
If the customer accepts a Quote in written format, the work detailed in the Quote will be completed and the customer will pay in accordance with these Terms and Conditions.
2.4 Printing &More May Revise the Estimate
Printing & More may change the Estimate before the Order has been completed if the cost of completing the Order has changed. Printing & More will notify the customer of any such change as soon as practicable thereafter. As soon as Printing & More has received the customer’s notification that the change has been accepted, the newly amended estimate shall be deemed to be the Estimate for the purposes of these Terms and Conditions.
3.1 The Invoice
Subject to clause 5.3, when the Order has been completed, Printing & More will issue an invoice to the customer for the amount of the Estimate or, if no Estimate was made, for an amount representing Printing & More’s charge for the work done in completing 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 Printing & More’s charge for the work done, Printing & More 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 languages, and which Printing & More was not notified of before the Quote was prepared
(e) fees for additional work required to be done as a result of author’s corrections, including re-pagination 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, knife forms, 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
3.3 For the purposes of these Terms and Conditions
(a) the term “printer’s charge” refers in each case to the standard or usual fee charged by Printing & More from time to time in respect of the Order
(b) “preliminary work” means any and all work performed by Printing & More 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 Printing & More at the time when Printing & More supplied the Estimate
(c) “additional work” includes all work undertaken by Printing & More as a consequence of the customer’s variation, alteration, or modification of its instructions in relation to the Order
(d) “freight costs and charge” includes all costs and expenses incurred by Printing & More in removing the Goods from its premises, whether by way of actual or attempted delivery to the customer or otherwise.
3.4 Cost Amendments for Under/Over Filling Order
(a) The customer acknowledges that whilst Printing & More will make every endeavour to produce the exact number of items in the Order, owing to human and/or machine/computer error the number of items actually produced may be 10% over or under the number specified in the Order (“a discrepancy”)
(b) Where a discrepancy occurs Printing & More will adjust the amount charged to the customer for the Order by a pro rata amount to reflect the actual number of items produced.
4.1 Notification & Collection
Printing & More will notify the customer when the Goods are ready when an Order requires collection. The customer must then collect the Goods from Printing & More’s premises.
4.2 Delivery Costs
Printing & More will usually include the cost of delivering the Goods to a single location within the local area in the Estimate. Deliveries outside of the area, or to multiple destinations, will be quoted separately and the customer will 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 Printing & More of the rejection:
(a) if Printing & More 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 Printing & More delivers the Goods to the customer’s premises – at the time of delivery
(b) otherwise – at the time Printing & More 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 Printing & More at the time the customer notifies Printing & More that the Goods are rejected.
5.1 Time for Payment
The customer must pay the total amount set out in the invoice to Printing & More within 30 days of receiving the invoice.
Printing & More may charge interest at the Interest Rate on amounts not paid within the time specified in clause 5.1.
5.3 Advance and Progress Payments
(a) Printing & More may issue an invoice for the amount of the Estimate before commencing the Order where Printing & More has not previously carried out work for the customer or where Printing & More considers it otherwise prudent to do so
(b) Printing & More may, in the event that Printing & More 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 Printing & More’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, Printing & More may issue an invoice for a particular sum (to be specified by Printing & More) for the work already done and for other costs incurred by Printing & More (such as storage costs).
Any costs, expenses, or losses incurred by Printing & More as a result of the customer failing to pay to Printing & More all sums outstanding from the customer to Printing & More must be paid by the customer (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).
6.1 Retention of Ownership
Until the customer has paid all sums outstanding in relation to the Goods:
(a) Title in the Goods shall not pass from Printing & More to the customer
(b) If the Goods are in the customer’s possession, the customer shall hold the Goods as trustee for Printing & More and must store the Goods so that they are clearly identifiable as the property of Printing & More
(c) Printing & More may call for and recover possession of the Goods (for which purposes Printing & More’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 Printing & More if so directed by Printing & More
(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 Printing & More and the customer shall account to Printing & More for those sums
(ii) if Printing & More requires, the customer shall assign to Printing & More the customer’s claim against the third party and shall execute all documents necessary to effect that assignment.
6.2 General Lien
Printing & More shall, in respect of all sums owed by the customer to Printing & More hereunder, have a general lien on all property of the customer in Printing & More’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 Printing & More as aforesaid enjoys copyright protection in favour of the customer, the customer hereby grants to Printing & More a licence to exercise the rights conferred on Printing & More under this clause.
If Printing & More submits to the customer a proof of the Goods Printing & More will not be responsible for any errors in the Goods which appeared in the proof and which were not corrected by the customer before the Order commenced production.
7.2 Non-Excludable Rights
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the customer in relation to the provision of the Goods or of services which cannot be excluded, restricted, or modified by agreement (“Non-Excludable Rights”).
7.3 Disclaimer of Liability
Printing & More disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-Excludable Rights. To the extent permitted by law, the liability of Printing & More for a breach of a Non-Excludable Right is limited, at Printing & More’s option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or any services supplied again.
7.4 Indirect losses
Notwithstanding any other provision of these Terms and Conditions, Printing & More is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
(a) any increased costs or expenses
(b) any loss of profit, revenue, business, contracts or anticipated savings
(c) any loss or expense resulting from a claim by a third party
(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the failure of Printing & More to complete or delay in completing the Order or to deliver the Goods.
7.5 Electronic Data
Without limiting the generality of the foregoing clauses, Printing & More will not be liable to the customer for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Printing & More.
7.6 Customer’s Property
Subject to clause 7.5, Printing & More will not be liable for the damage, loss, or destruction of any property of the customer in Printing & More’s possession unless the loss or damage is due to the failure of Printing & More to exercise due care and skill in handling or storing the property.
7.7 Force Majeure
Printing & More will have no liability to the customer in relation to any loss, damage or expense caused by Printing & More’s failure to complete the Order or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of Printing & More’s normal suppliers to supply necessary materials or any other matter beyond Printing & More’s control.
8. GENERAL MATTERS
If the contract between Printing & More and the customer relates to more than one issue of a periodical:
(a) Each issue will, for the purposes of these Terms and Conditions, be considered to be one Order
(b) Subject to sub-clause (c), a party may not terminate a contract to which these Terms and Conditions apply unless:
(i) in the case of periodicals published weekly or more frequently, that party has given 4 weeks’ notice of that party’s intention to terminate the contract
(ii) in the case of periodicals published fortnightly or more frequently (but less frequently than weekly), that party has given 8 weeks’ notice of that party’s intention to terminate the contract
(iii) in the case of periodicals published less frequently than fortnightly, that party has given 13 weeks’ notice of that party’s intention to terminate the contract.
(c) Notwithstanding sub-clause (b), Printing & More may terminate the contract at any time if the customer is in breach of any of provision of these Terms and Conditions relating to payment.
8.2 Alterations to Style etc.
If the customer does not give Printing & More specific instructions in relation to style, type or layout before the Quote is prepared:
(a) Printing & More may use any style, type or layout which is appropriate, in Printing & More’s opinion
(b) Printing & More 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 Printing & More.
The customer must pay for overset matter (this being matter produced on the customer’s instructions but not used in a publication for which it was intended). The customer may instruct Printing & More to retain overset matter for future issues of the publication or to discard the overset matter.
8.4 Outside Work
If Printing & More has to obtain goods (including typefaces, bromides, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by Printing & More from a third party in order to carry out the customer’s instructions:
(a) Printing & More will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or services.
(b) Printing & More acquires such 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. However, any claim by the customer in relation to the supply of those goods and/or services will be made by Printing & More on behalf of the customer directly against the third party.
(c) The customer must pay for such goods and/or services.
(d) Property in any such goods obtained from a third party and incorporated into the Goods passes to Printing & More at the time of incorporation.
8.5 Material Supplied by the Customer
If Printing & More and the customer agree that the customer is responsible for supplying materials or equipment for the purposes of the Order:
(a) The customer must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by Printing & More
(b) Printing & More will not normally count or check the materials, and if requested by the customer to do so, may charge for counting or checking.
(c) Printing & More 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.
(d) Property in any materials supplied by the customer and incorporated into the Goods passes to Printing & More at the time of incorporation.
8.6 Property Left with Printing & More
If the customer leaves property in Printing & More’s possession without specific instructions as to what is to be done with it, Printing & More may, 12 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.
8.7 Responsibility To Insure
Printing & More has no obligation to insure any property of the customer in it’s possession. The customer must pay the cost of any insurance arranged by Printing & More at the request of the customer.
8.8 Ancillary Materials
Unless Printing & More and the customer agree otherwise, drawings, sketches, paintings, photographs, designs, typesetting, proofs, 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 Printing & More in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of Printing & More.
(a) Copyright in all artistic and literary works authored by Printing & More shall be the property of Printing & More
(b) The customer:
(i) warrants that the customer has copyright in or a licence to authorise Printing & More to reproduce all artistic and literary works supplied by the customer to Printing & More for the purposes of the Order, and the customer hereby expressly authorises Printing & More to reproduce any and all such works for the purposes aforesaid
(ii) hereby indemnifies and agrees to keep indemnified Printing & More against all liability, losses, or expenses incurred by Printing & More 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
(c) The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by Printing & More for the purposes of the Order. However, the exercise of such licence shall be conditional upon Printing & More having received all monies due to them under these Terms and Conditions.
The customer must obtain written consent from Printing & More before using any ideas communicated by Printing & More to the customer. Until written consent is obtained these ideas must be kept confidential.
8.11 Electronic/ Magnetic media
All disks, tapes, compact disks or other media (other than media supplied by the customer) used by Printing & More to store data for the purposes of completing the Order are the property of Printing & More. The customer cannot require Printing & More to supply to the customer any data stored in this way. In the event that Printing & More does supply any data so stored or created, Printing & More may charge for supplying such data to the customer.
8.12 Storage of Electronic Data
Printing & More will not be responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Printing & More agrees to store such data, Printing & More may charge for doing so.
8.13 No Waiver
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Any provision 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.
8.15 Governing Law and Jurisdiction
These Terms and Conditions are governed by the law in force in the State or Territory in which Printing & More’s premises are located, and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.
9 GOODS AND SERVICES TAX
9.1 Subjectivity to GST
Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are subject to GST.
9.2 Out of Pocket Expenses are GST Inclusive
All out of pocket expenses referred to in these Terms and Conditions are GST inclusive out of pocket expenses.
9.3 Printing & More to Assist Customer
Printing & More will do all things reasonably available to it to assist the customer to claim on a timely basis any input tax credits (if any) the customer may be entitled to claim for any acquisition of goods and services from Printing & More. This includes Printing & More maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under these Terms and Conditions on a timely basis as reasonably requested by the customer.