GIMIX ENTERPRISES PTY LTD TRADING AS GORILLA PRINT
- The Supplier is Gimix Enterprises Pty Ltd (ACN 007 151 206) trading as Gorilla Print of 585 Burwood Road, Hawthorn 3122 in the State of Victoria.
- The Customer includes any person engaging the Supplier on behalf of and with the authority of the person or entity that the Order is provided for.
- The Order is defined as any request for the supply of Goods and/or the provision of Services by the Customer to the Supplier which has been accepted by the Supplier.
- The Goods are the printed products, clothing, display materials and promotional materials provided by the Supplier in the course of performing the Services.
- The Services are the printing, design and associated works to be carried out, and the delivery of the Goods to the Customer including any loading, packing, unloading or unpacking.
- Any Reference to “loss and damage” includes indirect, reliance, special or consequential loss and/or damage including i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
- Major failure is as defined under the Competition and Consumer Act 2010 (Cth).
- A reference to “GST” refers to goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- These terms and conditions together with the Supplier’s quotation, credit application form and the Customer’s written order or purchase order document (if any) constitutes the agreement between the Supplier and the Customer (“the agreement”).
- Any Order is deemed to incorporate these terms and conditions; which may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these terms and conditions will prevail.
- The terms and conditions are binding on the Customer, and the Customer’s heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
- In these terms and conditions, the singular shall include the plural, the neuter gender shall include the masculine and feminine and words importing persons shall apply to corporations and vice versa.
- Where more than one Customer completes this agreement each shall be liable jointly and severally.
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these terms and conditions.
- The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer in accordance with the terms herein.
- The failure by a party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
- The Customer acknowledges that the Supplier may detail these terms and conditions on its website. In this event, the terms and conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such terms and conditions and/or amendments.
- The Supplier reserves its right to refuse any order at its own discretion (e.g. subject matter which is distasteful or inappropriate).
- QUOTATIONS AND PLACEMENT OF ORDERS
- Any quotation for the supply of Goods and/or the provision of Services given by the Supplier will expire after thirty (30) days.
- A written quotation from the Supplier will include a scope of works detailing the specific Goods to be provided and/or Services to the performed by the Supplier.
- The Supplier does not represent that it will provide any Goods and/or Services unless such Goods and/or Services are included in the quotation or the Order.
- A request for Goods and/or Services may be placed by the Customer with the Supplier either verbally or in writing however the Supplier may require the Customer to provide a written order or purchase order document prior to any Goods being released or dispatched by the Supplier and/or prior to providing any Services (see specifically Clause 10.2. herein).
- As a condition of acceptance, the Supplier may require the payment of a deposit or the full amount (pre-payment) in respect of the Price of the Goods and/or Services, and in this event the Supplier may not be deemed to have accepted the Customer’s request for the Goods and/or Services unless or until such deposit or pre-payment has been paid.
- The Supplier may agree to provide, on request from the Customer, additional Goods and/or Services not included or specifically excluded in the quotation given or in the Customer’s Order. In this event, the Supplier shall be entitled to make an additional charge. Additional Services include, but is not limited to additions, alterations or amendments to the quote or scope of works.
- All prices quoted or advertised by the Supplier are based on taxes and statutory charges current at that time. Should these vary during the date of the Order to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
- By requesting a quotation, the Customer consents to being added to the Supplier’s mailing list. The Customer is free to unsubscribe to same at any time.
- Orders shall be processed when the following steps are complete:
- Press-ready files that have been “approved” by the Customer and received by the Supplier; and
- Any required deposits or pre-payments has been received and processed.
- The Supplier will issue a digital proof as a matter of course. Upon the request of the Customer, where possible a physical proof of work shall be submitted for the Customer’s approval prior to printing. Additional costs may apply.
- The Supplier shall not be liable for any errors not corrected by the Customer in proofs submitted and approved.
- Additional charges shall be incurred for any additional proofs that are required as a result of alterations required by the Customer.
- When style, type or layout is left to the Supplier’s discretion, any subsequent changes to such style, type or layout required by the Customer shall be subject to additional charges on a time and materials basis.
- SPECIAL ORDERS
- Dies, knives, engravings or other special materials purchased for the execution of the Customer’s order shall be chargeable to the Customer, but remain the property of the Supplier.
- OVERS & UNDERS
- The Supplier shall make every effort to deliver work in the precise quantity ordered by the Customer, however the Customer acknowledges and agrees to make no claim for damages in the event that the quantity delivered is within ten per centum (10%) of the quantity specified. The Supplier will provide the Customer with credits for any shortfall. Any excess may be chargeable to the Customer.
- FILE ERRORS
- The Supplier shall contact the Customer when errors are detected in the supplied file/s.
- The Supplier warrants that it will alert the Customer to the issue and provide the Customer with the following options:
- The Customer may resubmit a correct file/s. (This will be treated as a new Order and additional charges may apply.); or
- The Customer may request an estimate for the Supplier to attempt to correct the file/s.
- GST will be charged on the Goods and/or Services provided by the Supplier that attract GST at the applicable rate.
- At the Supplier’s sole discretion the Price shall be either:
- The Supplier’s quoted or advertised Price for the Order; or
- As detailed on invoices provided by the Supplier to the Customer in respect of Goods supplied.
- PROVISION OF THE GOODS AND SERVICES
- The Supplier reserves its right to:
- Decline requests for the supply of any Goods requested by the Customer;
- Decline requests for any Services requested by the Customer;
- Cancel or postpone the delivery of the Goods at its discretion.
- Delivery of the Goods shall be deemed to be complete when the Goods are collected by the Customer or are delivered to the Customer, the Customer’s agent or to the carrier as nominated by the Supplier and/or Customer.
- If the Customer fails to make all arrangements necessary to take delivery of the Goods the Customer shall, at the discretion of the Supplier, be liable for a $30.00 non-delivery fee and the Supplier shall be entitled, also at its discretion, to charge a reasonable fee for redelivery and storage of the Goods.
- Unless specified to the contrary in the quotation or the Order, the Supplier does not warrant that it will be capable of delivering the Goods and/or providing the Services on a specific day or at a specific time requested by the Customer.
- Subject to otherwise complying with its obligations the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services, satisfying the Customer’s expectations of those Services and/or delivering the Goods to the Customer.
- The Supplier reserves its right to:
- PAYMENT AND CREDIT POLICY
- Non-Account Customers who do not otherwise fall under paragraph 10.2. below must make full payment to the Supplier prior to delivery of the Goods unless otherwise specified or agreed between the parties in writing.
Government Bodies & Departments/Schools
- Government Bodies & Departments and/or Schools must provide a purchase order document when placing an order.
- Government Bodies & Departments and/or Schools must make full payment to the Supplier within thirty (30) days from the date of issue of the Government Departments and/or Schools’ purchase order document, unless otherwise agreed.
- Credit will only be granted at the sole discretion of the Supplier and upon submission of a fully completed credit application form.
- On the acceptance by the Supplier of a completed credit application form, Account Customers must make full payment to the Supplier within thirty (30) days from the date of issue of the Supplier’s invoice for the Goods, unless otherwise specified in the credit application form or agreed between the parties in writing.
- Any credit, or credit limit granted by the Supplier may be revised by the Supplier at any time and at its discretion.
- The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these terms and conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency.
- The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.
Account Customer’s Privacy
- The Customer agrees:
- For the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier.
- That the Supplier may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency.
- The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (pursuant to the Privacy Act 1988).
- In this clause the “default date” is:
- The day after the date of delivery of the Goods to the Non-Account Customer; or
- The day after the date by which payment of the Supplier’s invoice(s) was due to be made by the Account Customer to the Supplier.
- In this clause the “outstanding balance” is:
- The Price of the Order, less any payments made by the Non-Account Customer prior to the default date; or
- The sum of the Supplier’s invoices to the Account Customer less any payments made by the Account Customer prior to the default date.
- The Customer will be liable for a dishonoured cheque fee of $40.00 for each cheque issued by the Customer and rejected by the Supplier’s bank.
- If the Supplier does not receive the outstanding balance by the default date the Customer will be liable for:
- Interest on the outstanding balance from the default date at the rate of thirteen per centum (13%) per annum calculated on a daily basis;
- An account keeping fee of $15.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid;
- Any debt collection or recovery costs incurred by the Supplier; and if the Supplier’s debt collection agency (“the agency”) charges commission on a contingency basis then the Customer shall pay as a liquidated debt the commission payable by the Supplier to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery and the following formula shall apply:
- In this clause the “default date” is:
|Total Debt including Commission and GST =||Original Debt x 100|
|100 - Commission % charged by the agency (including GST)|
(n.b. in the event where the agency is Prushka Fast Debt Recovery the applicable commission rate for the amount unpaid is as detailed on www.prushka.com.au).
- Any charges reasonably made or claimed by the Supplier’s or the agency’s lawyer for legal costs on the indemnity basis.
- RISK AND LIABILITY
- The Customer will ensure when placing Orders that there is sufficient and accurate information to enable the Supplier to execute the Order, including any special instructions for the storage, packing or delivery of the Goods.
- The Supplier takes no responsibility if the specifications provided by the Customer are wrong or inaccurate and the Customer will be liable in that event for the expenses incurred by the Supplier for any work required to rectify the Order.
- The Supplier will make all reasonable efforts to ensure the best possible color reproduction on the Customer’s work but the Customer acknowledges that variation is inherent in the print process.
- The Customer acknowledges that the Supplier is unable to guarantee an exact match in colour or texture between the Customer’s photograph, transparency, proof, electronic graphic file including the Customer’s screen, previously printed matter (whether printed by the Supplier or a third party) or any other materials supplied by the Customer and the printed article the subject of the Customer’s order.
- The Supplier takes no responsibility and will not be liable for any loss and damage or costs as a result of the Goods and/or Services being faulty or not fit for purpose due to insufficient or inaccurate information provided by the Customer.
- The Customer accepts all risk in relation to the Goods (including all risks associated with unloading or unpacking) when the Goods pass into the Customer’s care or control; or that of the Customer’s or the Supplier’s nominated carrier or agent.
- The Supplier takes no responsibility for representations made in relation to the Goods by any third party or any delay in the delivery of the Goods by a third-party carrier nominated by the Customer.
- The Supplier shall not be liable for and the Customer releases the Supplier from any loss and damage incurred as a result of delay, or failure to provide the Goods and/or Services or to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond the Supplier’s reasonable control.
- Subject to the Supplier’s warranty for defective Goods, the Supplier’s liability for any loss and damage associated with, arising from or in connection with the supply of the Goods may not exceed the Price of the Order, including but not limited to personal injury and damage to property.
- Subject to the Supplier’s warranty for defective services, the Supplier’s liability for any loss and damage associated with, arising from or in connection with the Services may not exceed the Price of the Order, including but not limited to personal injury and damage to property.
- The Supplier warrants that the Customer’s rights and remedies in the agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the goods and services to which the warranty relates.
- The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as may be amended from time to time.
Warranty for Goods
- Provided that the Customer reports any defect in any Goods supplied, preferably within thirty (30) days from the date of delivery, the Supplier will rectify the defect within a reasonable period of time.
- The Supplier provides the following warranty to Customers in respect of Goods supplied:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other
reasonably foreseeable loss or damage. You are also entitled to have the gods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- In respect of all claims under warranty, the Supplier reserves it right to inspect Goods alleged to be defective at the Customer’s cost.
- To the extent permitted by law the Supplier’s liability in respect of defective Goods that does not constitute a major failure will be limited to:
- The resupply by the Supplier of the defective Goods; or
- The refund of the Price paid by the Customer in respect of the defective Goods.
- The Supplier shall not be liable to compensate the Customer for any reasonable delay in rectifying Goods found to be defective or in assessing the Customer’s claim.
- The Customer warrants that it will use its best endeavours to assist the Supplier with identifying the nature of the defective Goods claim.
Warranty for Services
- Provided that the Customer reports any defect in any Service provided, preferably within thirty (30) days from the date that the defect became apparent, the Supplier will rectify any defect in the Services within a reasonable period of time.
- The Supplier provides the following warranty to Customers in respect of Services provided:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failure with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other unreasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel you contract and obtain a refund for the unused portion of the contract.
- In respect of all claims under warranty, the Supplier reserves it right to inspect the Services alleged to be defective.
- To the extent permitted by law the Supplier’s liability in respect of defective services that does not constitute a major failure will be limited to:
- The rectification by the Supplier of the defective Service; or
- The payment of the reasonable costs of having the Services rectified or supplied again; or
- The refund of the Price paid by the Customer in respect of the defective Service.
- The Supplier shall not be liable to compensate the Customer for any reasonable delay in remedying any defective Services or in assessing the Customer’s claim.
- The Customer warrants that it will use its best endeavours to assist the Supplier with identifying the nature of the defective Service claim.
Claims made under Warranty
- Claims for warranty should be made in one of the following ways:
- The Customer must send the claim in writing to the Supplier’s address 585 Burwood Road, Hawthorn 3122 in the State of Victoria.
- The Customer must email the claim to the Supplier to email@example.com.
- The Customer must contact the Supplier on the Supplier’s business number (03) 9428 5577.
- TERMINATION AND CANCELLATION
Cancellation by Supplier
- The Supplier may cancel any Order to which these terms and conditions apply at any time before payment of the Price in full is made by the Customer by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any deposit or sum advanced in respect of the Price. The Supplier shall not be liable for any loss and damage whatsoever arising from such cancellation.
- Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
- Any money payable to the Supplier becomes overdue for payment; or
- The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Cancellation by Customer
- The Customer may cancel any Order by providing no less than twenty-four (24) hours’ notice to the Supplier before the Services were due to be performed.
- In the event that the Customer cancels the Order, the Customer shall be liable for loss and damage suffered by the Supplier; but limited to:
- The Price of the Order; or
- Any costs or expenses incurred by the Supplier, including the cost of purchasing the Goods from a third party to meet the Customer’s Order.
- The Customer shall be entitled to a partial refund on orders that have begun processing but have not gone to press. A refund will be given for the portion of the work that the Supplier has not yet completed and a $30.00 processing fee shall apply in respect of same.
- The Supplier may retain any deposit or other sum paid by the Customer in respect of the Price of the Order and offset such sum or deposit in satisfaction or partial satisfaction of any loss and damage suffered by the Supplier as a result of the Customer’s cancellation of the Order.
- For Orders which have already gone to press, no refunds shall be given.
- RETENTION OF TITLE FOR GOODS
- Legal and equitable title in the Goods shall remain with the Supplier pending full payment of the Price of the Goods to the Supplier; and the Customer warrants that it:
- Holds the Goods as Bailee for the Supplier and shall return the Goods to the Supplier if so requested;
- Is responsible for the Goods and is liable to compensate the Supplier for all loss or damage sustained to the Goods whilst they are in the Customer’s possession;
- Will maintain insurance in respect of the full replacement value of the Goods;
- Will store the Goods separately and in such a manner that the Goods are clearly identifiable as the property of the Supplier;
- Will not allow any person to have or acquire security interest in the Goods whilst the Goods are in the Customer’s possession.
- The Customer may sell and/or use the Goods in the ordinary course of business.
- If the Goods are sold by the Customer before the Customer has paid the Price in full to the Supplier, the Customer shall hold the proceeds of sale in a separate identifiable account on trust for the Supplier and promptly account the Supplier for any such proceeds.
- Notwithstanding the provisions above, the Supplier shall be entitled to issue legal proceedings to recover the Price of the Goods.
- Legal and equitable title in the Goods shall remain with the Supplier pending full payment of the Price of the Goods to the Supplier; and the Customer warrants that it:
- ENTIRE AGREEMENT
- The agreement as defined herein constitutes the whole agreement between the Customer and the Supplier.
- The agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate courts of Victoria.
- All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by it or on its behalf that are in conflict with any clauses in this document in any way.
- Nothing in these terms and conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia.