Quotations
- Estimates are based on current costs of production. Unless otherwise agreed, the quoted price may be adjusted by Fandata PTY LTD T/A Engine; (“the company”) before or after acceptance of the quotation to take into account any rise or fall in the cost of production or delivery including any rise or fall in the cost of obtaining the services of any third party (if applicable).
- Additional printing fees may be charged if the customer requests any alteration to the original drafts, proofs, instructions or specifications upon which the quote is based.
- Additional handling fees may be charged if the customer requests any alteration to the processing, delivery dates or other arrangements originally requested.
- By accepting the company’s quotation the customer accepts these terms and conditions unless otherwise expressly agreed by the company.
Delivery and shipping
- Any dates stated for delivery by the company are estimated only and are subject to variation depending upon the availability of services.
- Where the customer requests any variation to the original drafts, proofs, instructions or specifications, the date for delivery may be extended.
- Where the performance of any contract with the customer requires the company to obtain the services of any third party, the company will not be responsible for any delay caused by that third party.
- Delivery dates referred to by the company mean the dates on which the company supplies the goods to Australia Post (or other delivery agent). The company is not responsible for any delays caused by Australia Post or other delivery agent.
- Where the company provides printing services, the company will use all reasonable endeavours to deliver the correct quantity ordered however the quotation is based upon a margin of 5% being allowed for overs or shortages. The customer shall not make any claim for overs or shortages within that margin.
- Where the company provides addressing and mailing services, the company will use all reasonable endeavours to address and mail to the nominated recipients the correct quantity ordered however the quotation is based upon a margin of 1% being allowed for misprints and/or incomplete delivery. The customer shall not make any claim for printing or mailing costs nor for the reprovision of services where the level of incomplete delivery does not exceed 1% (excluding incomplete delivery caused by matter’s outside the company’s control) of the total order.
- The company is not responsible for any errors, omissions or duplications in any database supplied by the customer or any third party.
GST
- Unless otherwise stated all quoted prices are exclusive of GST (if applicable).
Delivery of materials
- Materials will be accepted into the company’s store between 8:00 am and 5:00 pm Monday to Friday. Except by prior agreement, no responsibility is accepted where delivery is attempted outside of those hours.
- The company does not take responsibility for exact quantities of material delivered until it has had the opportunity to undertake a weight count of same.
- All materials supplied by the customer must be machine compatible. Materials, which are not machine compatible, will incur an additional charge.
Payment
Unless otherwise agreed in writing, all accounts must be paid as follows:
- Postage (or other delivery costs) – within 7 days, from the date of invoice.
- Other services – within 30 days from the date of invoice.
- Interest at 2% higher than the rate specified from time to time pursuant to s.2 Penalty Interest Rates Act will be payable on any overdue invoices from the date the invoice became due until the date payment is made.
- Any discount offered in any invoice should cease to apply if the invoice is not paid within the trading terms.
- In the event that the company is required to engage the services of a solicitor or mercantile agent to effect collection of any amounts due, or in the event that any cheque of the customer is dishonoured, then all collection expenses and costs on a solicitor-own client basis will be payable by the customer.
Suspension of services
- The company is not required to carry out any further services for the customer where any invoice is not paid by its due date. In the event that the company suspends services for non-payment of accounts, the company will not be liable to the customer for any losses incurred by delay in delivery of goods.
- If the customer requests the company to suspend services, the company shall be entitled to invoice the customer for any works carried out to the date of suspension.
Storage
- Where the customer is to collect the goods from the company, unless otherwise agreed in writing by the company, collection shall be made by the customer within 7 days after the goods are available. If the goods are not so collected, the company shall be entitled to charge a reasonable fee for storage until such time as the goods are collected.
- Where the customer delivers materials to the company and subsequently requests the company to suspend or delay the works, the company shall be entitled to charge a reasonable fee for storage until such time as the works proceed or the materials are collected by the customer.
Statutory Warranties & Compliance With Law
- To the extent permitted by law, all statutory warranties in the Trade Practices Act or other legislation are excluded.
- To the extent permitted by law, in the event that the company breaches any condition of the Trade Practices Act the liability of the company shall be limited to any one of the following as determined by the company:
- the supplying of the service again; or
- the payment of the cost of having the service supplied again.
- It is up to the customer to ensure that the goods produced comply with the requirements of any applicable legislation or law and do not breach the copyright or any other rights of any third party.
- In respect of the reproduction of any words, image or thing, the company acts as agent for the customer. The customer as principal is liable for any breach of copyright or any other breach of law or any third party’s rights arising from any reproduction made by the company and will indemnify and hold the company harmless in respect of any such breach of law or claim by any third party.
- The company may refuse to supply services or refuse to continue to supply services if it becomes aware that the customer’s materials may breach any law, copyright or any other right of a third party.
Lien Over Goods
- The company shall have a general lien over all materials and goods of the customer in the possession of the company for any unpaid debts due. The company may on 14 days notice to the customer dispose of such materials or goods as it sees fit and apply the proceeds towards such debts.
Applicable Law
- It is agreed that all contracts are formulated at the business address of the company. The applicable law to all contracts is the law of the State of Victoria. Any matters arising from any contract are to be dealt with in the appropriate Victorian Courts.
Terminations Clause
- Termination on notice. Either party may terminate this Agreement by giving 90 days notice in writing to the other party. Termination without notice. Without prejudice to any other rights either party may have under this agreement or at law, a party shall have the right to terminate this Agreement forthwith by giving notice thereof to the other party if;
- the other party commits a material breach of its obligations under this Agreement or a representation and warranty made by that party in this Agreement proves to be untrue in a material respect and that party fails to remedy such a breach or make a representation true within the time specified in a written notice requiring such a breach or such a representation to be remedied;
- a change occurs in the business, assets or financial condition of the other party which in the reasonable opinion of the party the notice may have material adverse effect on the other party’s ability to observe it’s obligations under this Agreement
- the other party ceases to carry on business generally;
- the other party makes a general assignment for the benefit of it’s creditors;or
- the other party becomes insolvent, or is subject to any form of insolvency administration, or a resolution is passed or an order is made for the winding up of the other party.
Consequences Of Termination
- Termination of this Agreement for any reasons shall not relieve either party of any obligations incurred prior to the date of termination and will not prejudice, extinguish or otherwise affect any rights of either party against the other which;
- accrued prior to the time of termination;
- or otherwise relate to, or may arise at, any future time from any breach of this Agreement which occurred
Privacy Clause
- We agree that we will not sell, rent, trade or otherwise dispose of any member information to which we may have access to, pursuant to the support and maintenance functions required under this agreement. We also agree that we will not disclose this information to any other organisation or third party under any circumstances and will ensure, at all times, that the integrity of such information is maintained.
Refund and Return
- We do not offer any refund or return policy.
Dispute Resolution
- Should a dispute arise, resulting in deadlock between the parties to this agreement, each party shall undertake to appoint an independent mediator within 10 days of receiving “notice of mediation” from the other party.
For more information please contact us.
