1. Company Imprint

Unless the Customer has specifically requested a ´blank label′ delivery, any Work may carry the Company′s imprint which will be positioned at the Company′s discretion.

2. Change in Pricing and Invoicing

a) The Company is entitled to change the price of Work published on the Website at any time but will honour the Website price published at the time of online order and payment.

b) Prices published on the Website are subject to the Customer using the Website to submit an order and pay for the Work. Other methods of submitting an order and payment for the Work may incur additional charges to reflect the increased costs to the Company of processing such Work unless otherwise agreed in writing by the Company.

c) Prices published on the Website apply on the condition that the order data on which the prices are based does not change after the order has been placed. Costs caused by subsequent changes instigated by the Customer will be charged separately.

d) The Company will send invoices solely by email. By submitting an order the Customer agrees to this form of invoicing. Unless credit facilities have been granted by the Company in accordance with clause 7f. Payments will be due at time of order regardless of whether and when an invoice is issued.

3. Preliminary Work

All Preliminary Work carried out by the Company at the Customer’s request, whether experimentally or otherwise, shall be charged.

4. Artwork & Copy

Any additional work required of the Company by reason of the Customer supplying Electronic Files that are unsuitable for print, inadequate copy, incomplete or incorrect instructions; or late delivery of the same shall be charged.

5. Proofs

a) A digital soft proof will be supplied by the Company for the Customer to examine and approve. Where the Customer waives any requirement to examine proofs, (and the Company agrees to such a waiver), the Company is indemnified by the Customer against any and all errors in the finished Work.

b) The Company shall incur no liability for any errors not corrected by the Customer where the Customer has been provided with proofs. The Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Company’s judgement, changes therefrom made by the Customer shall be charged extra.

c) Due to their inherent nature, proofs supplied by the Company shall be accurate for layout and content only and it is understood and accepted that proofs shall not be accurate for colour comparison to the finished Work. If the Customer requests (and the Company agrees to) a more specific and achievable level of colour matching, additional charges will apply.

d) All reasonable efforts will be made by the Company to obtain the best possible colour reproduction on the Customer′s Work but variation is inherent in the printing process and it is understood and accepted as reasonable that the Company shall not be required to guarantee an exact match in colour or texture between the Customer′s photograph, transparency, proof, Electronic File, Print Ready File, previously printed matter (whether printed by the Company or by a third party) or any other materials supplied by the Customer and the finished Work. It is accepted and understood that Pantone colours (also known as spot colours) shall not be accurately reproduced due to the inherent nature of our full colour printing process.

6. Quantity Variation

Every endeavour will be made to deliver the correct quantity ordered. However, some variation is inherent in the printing process and it is understood and accepted that minor variations of the final quantity produced subject to a variance of plus or minus 5% are immaterial and in this instance no refunds or additional charges will become due. Where the shortage is greater than 5% the limit of the Company′s liability to the Customer shall be to make up the shortage within a reasonable period of time or credit for the shortage quantity.

7. Payment And Delivery

a) All Website prices are GST exclusive amounts. Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST exclusive amounts

b) Items for which delivery has been included in the Website price have been calculated for delivery the next working day by the Company to a single address in the City or Metro Areas of any State within Australia, excluding the outback, Islands or Overseas. Split deliveries, alternative delivery methods or schedules and deliveries to other destinations may be available on request and will be subject to additional charges.

c) Should the Work be suspended or delayed by the Customer for any reason the Company shall be entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.

d) Should the suspension or delay in 7c above extend beyond 30 days the Company shall be entitled to immediate payment for Work already carried out, materials specially ordered and any other additional costs.

e) At the Company′s sole discretion credit facilities may be granted, however this will normally be limited to certain public sector organisations who provide an official purchase order at time of purchase. Where credit facilities are granted the Company reserves the right to withdraw them at any time, without having to give their reasons and, in such a case, all outstanding invoices become due and payable immediately.

f) If Credit facilities have been granted, payment terms will be agreed in writing and the Customer shall pay invoices by the due date. If any item(s) remain unpaid by that due date charges will apply, in accordance with the Late Payment Commercial Debt (Interest) Act 2003 or any subsequent enactment. In addition, all invoices will become due and payable immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by the Customer.

g) Delivery of the Work shall be accepted when tendered. If the Customer or other authorised signatory is not present at the agreed delivery address to accept delivery, the Company shall be entitled to charge extra for any subsequent redelivery attempts.

h) Completion and delivery turnaround or lead-times (measured in working days (not including weekends, public holidays and Christmas shutdown) from receipt of cleared or authorised payment and of approval by the Customer in writing of any Proofs) are a guide only and, whilst the Company will make every effort to adhere to proposed timescales, time is not of the essence in any contract with the Customer.

i) Unless otherwise agreed in writing, (in which case an extra charge may be made), delivery will be to kerbside at the Customer’s address and the Customer will make arrangements for off-loading and for any additional transportation to its storage facility.

j) Subject to any agreement as per 7i above, delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle the Company to make an extra charge to reflect the extra costs involved.

k) Should expedited delivery be agreed the Company shall be entitled to make an extra charge to cover any overtime or any other additional costs incurred (including non-exhaustively courier or postage charges).

l) Where the Work is to be delivered in instalments each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the order as a whole as repudiated or cancelled.

m) Payment shall become due and cleared at the Company′s Bank, or authorised by the Bank in the case of Credit Card or Debit Card payment, before commencement of the Preliminary Work or Work unless otherwise agreed in writing.

8. Materials Supplied Or Specified By The Customer

8.1 Electronic Files

a) It is the Customer’s responsibility to maintain a copy of any original Electronic File provided by the Customer.

b) The Company shall not be responsible for checking the accuracy or suitability of supplied input from an Electronic File.

c) Without prejudice to clause 8.1b, if an Electronic File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Company may make a charge for any resulting additional cost incurred or may reject the file without prejudice to his rights to payment for Preliminary Work or Work done/materials purchased.

8.2 Risk And Storage

a) Customer’s property and all property supplied to the Company by or on behalf of the Customer shall while it is in the possession of the Company or in transit to or from the Customer are deemed to be at the Customer’s risk unless otherwise agreed in writing and the Customer should insure accordingly.

b) The Company shall be entitled to make a reasonable charge for the storage of any Customer’s property left with the Company before receipt of the order or after notification to the Customer of completion of the Work.

8.3 Finished Goods

a) The risk in the Work and all goods delivered in connection with the Work shall pass to the Customer on delivery and the Customer should insure accordingly.

b) On completion of the Work, the Company will store the Customer′s materials and Work for a maximum of one month, after which time they will be destroyed without further notice.

9. Materials And Equipment Supplied By The Company

a) Other materials owned by the Company and used in the production of Intermediates, type, plates, film-setting, negatives, positives, electronic files and other production processes, together with items thereby produced, shall remain the Company’s exclusive property.

b) Film, plates, tapes, discs, electronic files or other work destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, storage shall be charged.

c) The Company shall not be obliged to download any digital data from his equipment or supply the same to the Customer on disc, tape or by any communication link.

10. Retention Of Title

a) The Work remains the Company’s property until the Customer has paid for it and discharged all other debts owing to the Company.

b) If the Customer becomes subject to Insolvency and the Work has not been paid for in full the Company may take the goods back and, if necessary, enter the Customer’s premises to do so, or to inspect and/or label the goods so as to identify them clearly.

c) If the Customer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the Company in a separate account until any sum owing to the Company has been discharged from such proceeds.

11. Rejection And Claims

a) Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within three days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within seven days of notification of despatch). All other claims must be made in writing to the Company within 14 days of delivery.

The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that 
(i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.

b) If the Work is defective so that the Customer may in law reject it, it is the Customer′s responsibility to supply a written account of their reasons for rejecting the Work and provide samples for our inspection within seven days of delivery of the goods, failing which the Customer shall be deemed to have accepted the Work.

12. Liability

a) Insofar as is permitted by law where Work is defective for any reason, including negligence, the Company’s liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.

b) Where the Company performs its obligations to rectify defective Work under this condition the Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Customer shall not be entitled to any further claim in respect of the Work nor shall the Customer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.

c) The full quantity of defective Work must be returned to the Company before replacement or credits can be issued. If the subject Work is not available to the Company the Company shall hold that the Customer has accepted the Work and no credits or replacement Work will be provided.

d) The Company shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the Work or for any loss to the Customer arising from delay in transit, whether as a result of the Company’s negligence or otherwise.

e) Where the Company offers to replace defective Work the Customer must accept such an offer unless he can show clear cause for refusing so to do. If the Customer opts to have the Work re-done by any third party without reference to the Company the Customer automatically revokes his right to any remedy from the Company, including but not exclusively the right to a credit in respect of Work done by the Company.

f) Where the Work will be forwarded by or on behalf of the Customer to a third party for further processing the Customer will be deemed to have inspected and approved the Work prior to forwarding and the Company shall accept no liability for claims arising subsequent to the third party′s processing.

g) The Company reserves the right to reject any work forwarded to him after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Should the Customer require the Company notwithstanding to continue, then the Company is only obliged to do so after confirmation from the Customer in writing.

h) Nothing in these Terms and Conditions shall exclude the Company’s liability for death or personal injury as a result of its negligence.

13. Insolvency

Without prejudice to other remedies, if the Customer becomes insolvent, the Company shall have the right not to proceed further with the contract or any other Work for the Customer and be entitled to charge for Work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.

14. General Lien

Without prejudice to other remedies, in respect of all unpaid debts due from the Customer the Company shall have a general lien on all goods and property of or provided by the Customer in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property as agent for the Customer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Customer for any balance remaining be discharged from all liability in respect of such goods or property.

15. Illegal matter

a) The Company shall not be required to print any matter which in his opinion is or may be of an illegal, offensive, extreme or libellous nature or an infringement of the proprietary or other rights of any third party.

b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of the printing by the Company for the Customer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.

16. Copyright

a) The Customer shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright text and the like (“Materials”) prior to instructing the Company to reproduce the same. The Customer shall indemnify and hold blameless the Company against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by the Company infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

b) All design Work commissioned or ordered by the Customer and originated by the Company shall, as to its material elements and as to the copyright or design right in relation to it, belong to the Company.

c) The Customer shall not have any right to reproduce or authorise any other person to reproduce any such design Work in whole or in part or do any act which would, in the absence of written authorisation by the Company, infringe any copyright or design right which may subsist in relation to any such design Work.

d) The Company may, at the request of the Customer, assign the copyright and design right of design Work to the Customer upon payment of the Company′s expenses in relation to such assignment.

17. Suitability of work supplied

It is the Customers responsibility to ensure that the product ordered from the Company is suitable and the Company shall not be held liable if the Customer orders a product that is unsuitable for its intended use, including (non-exhaustively) incorrect type of paper specified for goods to be post processed through a laser, inkjet or similar printing device, self adhesive or label products which have special requirements such as to be removable and products that will be used in connection with food or food packaging. The Company will take all reasonable steps to assist the Customer in specifying the correct product if the Customer so requests.

18. Force majeure

The Company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, Electronic File, Print Ready File or other data or materials supplied by the Customer; failure of power or heating supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may by written notice to the Company elect to terminate the contract and pay for Work done and materials used, but subject thereto shall otherwise accept delivery when available.

19. Data Protection

a) By placing an order with the Company the Customer consents to its details being held by the Company for accounting purposes and passed to third party contractors where necessary to complete the Work (such as carriers for the purpose of delivering the Work to the Customer) and this information will be retained by the Company even after the trading relationship has ceased.

b) By placing an order or registering on the Website the Customer consents to the Company using its information for marketing purposes whereby the Company may notify the Customer about its products, services or special offers that may be of interest, unless otherwise agreed.

c) The Customer is hereby notified that the Company may transfer personal information about the Customer to a Credit Agency pursuant to clause 7d above.

20. IP Addresses and Cookies

a) The Company may collect information about the Customer′s computer including, where available, IP address, operating system and browser type, for system administration and to report aggregate information to the Company′s advertisers and improve the layout of the Company′s Website. This is statistical data about our Customers′ browsing actions and patterns and does not identify any individual.

b) For the same reason, the Company may obtain information about the Customer′s general internet usage by using a cookie file which is stored on the hard drive of the Customer′s computer. Cookies contain information that is transferred to the Customer′s computer hard drive. The Customer may refuse to accept cookies by activating the setting on his browser which allows him to refuse the setting of cookies. However, if the Customer selects this setting he may be unable to access certain parts of the Company′s Website. Unless the Customer has adjusted his browser setting so that it will refuse cookies, the Company′s system will issue cookies when the Customer logs on to the Company′s Website. Please note that the Company′s advertisers may also use cookies, over which the Company has no control.

21. Law

These Terms and Conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of Australia and the parties agree to submit to the jurisdiction of the courts of Australia.

22. Notices

All specifications and notices relied on by either Party and all variations to this agreement must be in writing and include a duly authorised signature.

23. Variation to Terms and Conditions

These Terms and Conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via the Website or requested in writing.

24. Consumers

a) Nothing in these Terms and Conditions shall affect the rights of Consumers.

b) Due to the bespoke made-to-order nature of printed matter the Customer shall not be entitled to a “cooling off” period to cancel the Work ordered. However, if the Customer cancels any contract the Company shall only charge the Customer for any materials purchased for the contract and Preliminary Work or Work already undertaken up to the time of cancellation, subject to a minimum charge of 10% of total order value before GST or the sum of $10 plus GST (whichever value is greater).

25. Severability

All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.

26. Definitions

a) “Company” means Printing4you Australia trading as Printing4you registered in Australia as a Sole Trader under ABN 37475885624 who provides the goods or services under these Terms and Conditions.

b) “Customer” means the party contracting with the Company to acquire the goods and services supplied under these Terms and Conditions.

c) “Website” means the Website(s) owned and operated by the Company: www.printing4you.au

d) “Work” means all goods (by way of intermediate or finished product) and services supplied by the Company to the Customer.

e) “Intermediates” means all products produced during the manufacturing process including non-exhaustively discs, film, plates, and intellectual property.

f) “Preliminary Work” means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, proofs, colour matching).

g) “Electronic File” means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, by email, modem, internet, FTP, ISDN or any other communication link.

What we do with your information

In addition to processing your order, we also maintain an order history of your purchases. This allows you and us to track deliveries and review past purchases. We may offer you a reward for purchases or make an offer we think you might like based on your order history. We also send out a regular email newsletter which includes details of our current special offers. You can unsubscribe at any time by clicking on the email link at the bottom of our newsletters.

We NEVER exchange, sell or otherwise give away your email address to other companies. Your email address is used solely by yourself, for purposes of logging into your account, and us for emailing you regarding your orders and to update you with our newsletter.

Who else sees your information

We may have to disclose some of your information to service suppliers to help complete your order. These parties include our courier company so that they are able to deliver your order. By using our web site you consent to us using the personal information you have given Printing4you Australia, as outlined in this Privacy Policy.

What other information do we collect?

We collect information of a general nature about how many ‘hits’ our website gets. We also monitor the site traffic patterns which tells us which areas of the site are being visited more than others. This helps us to build a more useful site in subsequent re-designs. We don’t track individual user’s pathways through the site.

Cookies

Our site uses ‘cookies’. Cookies are small amounts of data sent to your web browser by a webserver. They cannot harm your machine in any way as they are small text files with simple information in them. You can see them as small text files inside your ‘Temporary Internet Files’ folder in Windows. Our cookies keep track of the items in your shopping basket and act as place markers when you move around the site. We also use software to track general browsing behaviour on our website. This means that we can build up a picture of the most popular areas and paths through the site and any problem areas, though we don’t use it on a personal level to track individuals and their behaviour.

You may experience problems with our site when you try to buy items. These are usually to do with how you have set up your security settings in your web browser.

If you have set your Security Settings in Internet Explorer to ‘high’ you have disabled cookies. Our site uses cookies to provide some features when submitting orders. To use the site you will need to set the security level for the internet to Medium (under Tools/Internet Options). This is for “Safe browsing but still functional”. Alternatively you can add www.printing4youonline.com to your list of trusted sites. Should you wish to turn off cookies in your browser, your browser’s help menu should tell you how to do this, but this will, of course, affect some of the features of our site and therefore your shopping experience.