Terms and Conditions
Terms and Conditions
Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety, unless specifically varied in writing by Gimix Enterprise Pty Ltd trading as Gorilla Print (Gorilla Print).
2. QUOTATIONS AND ESTIMATES
(a) Quotations are based on current costs of materials and services and unless otherwise agreed in writing, are subject to amendment to meet any rise in such costs between the date of quotation and the date of execution, except that such quotation shall be held firm for 30 days. Prices listed on this website are specials based ona COD basis available in AUD.
(b) When quotations are based on specifications, roughs, layouts, samples, dummies or printed, typewritten or other good copy provided by the client, any extra work or cost caused by any variation by the customer of their original instructions or specifications shall be additionally chargeable.
(c) Upon acceptance by the customer, Gorilla Print's written quotation shall be deemed to have interpreted the customer's instructions correctly.
* Press-ready files are received
* Deposit payment is processed (if applicable)
Dies, knives, engravings or other special materials purchased for the execution of the customer's order shall be chargeable, but remain the property of Gorilla Print.
Gorilla Print makes every effort to deliver work in the precise quantity ordered, but the customer agrees to make no claim for damages in the event that the quantity delivered is within 10 percent of the quantity specified; credit shall be given for such shortfall and such excess shall not be chargeable.
All claims in respect of work, or the quality or quantity thereof, shall be made in writing within 30 days of receipt by the customer. In the absence of such a claim, the work shall be deemed to have been received, checked and accepted as fully complying with the customer's specifications.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Gorilla Print within three clear days of delivery (or, in the case of non-delivery within 30 days of despatch of the goods) and any claim in respect thereof must be made in writing to Gorilla Print within seven clear days of delivery (or, in the case of non-delivery, within 30 days of despatch). All other claims must be made in writing to Gorilla Print within 30 days of delivery. Gorilla Print 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) advice (where required) was given and the claim made as soon as reasonably possible.
All funds are taken in AUD. Unless otherwise specified, deposit payment must be received before an order is processed, and final payment must be received before goods are despatched.
For invoices not settled within agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Gorilla Print reserves the right to charge interest on the overdue debt at 2% above the Reserve Bank base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
We reserve the right to refuse any order at our own discretion (e.g., due to inappropriate or distasteful subject matter.)
Gorilla Print will contact the customer when errors are detected in their supplied files. The customer will be alerted to the issue and given the following choices:
* Resubmit a corrected file (this will be treated as a new order). Additional charges may apply.
* Request an estimate for Gorilla Print to correct the files if possible.
Partial refunds are available on orders that have begun processing but have not gone to press. A refund will be given for the portion of work that has not yet been completed. A $15 processing fee will be charged in such cases. For orders already on the press, no refunds will be given. To cancel an order, you will need to contact us and provide your order number, which can be found in the subject line of the art approval email that you received after placing your order.
Gorilla Print shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregiong causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to Gorilla Prin for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against Gorilla Print arising from any circumstance described herein.
Gorilla Print shall have full ownership and rights to all goods and property in our possession, or in the possession of the customer, until such time as payment for those goods is made in full. This ownership shall not annul or diminish in any degree the obligation of the customer with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts and costs of collection thereof.
Notwithstanding that Gorilla Print may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.
At Gorilla Print's discretion, all plates, type, cutting forms and other printing materials used in the production may be broken up and/or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of Gorilla Print. If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.
Customer's property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer's risk and Gorilla Print accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by the Gorilla Print shall vest in and belong to Gorilla Print. Gorilla Print may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing Gorilla Print to reproduce the same. The customer shall indemnify and hold Gorilla Print and its agents and representatives harmless against all claims, 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 Gorilla Print infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.