Terms of Trading

1. Definitions
   • “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
   • “Printer” means Ravind Chand T/A NPDS, its successors and assigns or any person acting on behalf of and with the authority of Ravind Chand T/A NPDS.
   • “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Printer to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
     • if there is more than one Client, is a reference to each Client jointly and severally; and
     • if the Client is a partnership, it shall bind each partner jointly and severally; and
     • if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
     • includes the Client’s executors, administrators, successors and permitted assigns.
   • “Goods” means all Goods or Services supplied by the Printer to the Client at the Client’s request from time to time(where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
   • “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
   • “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using the Printer’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
   • “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between the Printer and the Client in accordance with clause 5
   • “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance
   • The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
   • In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
   • Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
   • The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with the Printer and it has been approved with a credit limit established for the account.
   • In the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, the Printer reserves the right to refuse Delivery.
   • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
   • The Client is strongly recommended to place an order in writing. Orders should clearly state the Client’s particular requirements. The Printer will not be responsible for errors or omissions due to oversight or to misinterpretation of the Client’s verbal instructions.
   • The Printer reserves the right not to undertake any work which in its opinion is or may be unlawful, offensive, or otherwise inappropriate.
   • Quotations are only for work according to original specifications. If through the Client’s error, or omission, work has to be redone or alterations or additions to specifications are required, then the Printer may make an additional charge. In the event that an order is cancelled or suspended by the Client, then the Printer may immediately require the Client to pay for work done to the date of cancellation or suspension.

3. Errors and Omissions
   • The Client acknowledges and accepts that the Printer shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
     • resulting from an inadvertent mistake made by the Printer in the formation and/or administration of this Contract; and/or
     • contained in/omitted from any literature (hard copy and/or electronic) supplied by the Printer in respect of the Services.
   • In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of the Printer; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.

4. Change in Control
   • The Clientshall give the Printer not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by the Printer as a result of the Client’s failure to comply with this clause.

5. Price and Payment
   • At the Printer’s sole discretion, the Price shall be either:
     • as indicated on any invoice provided by the Printer to the Client; or
     • the Price as at the date of Delivery of the Goods according to the Printer’s current price list; or
     • the Printer’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
   • The Printer reserves the right to change the Price if a variation to the Printer’s quotation is requested. Variations will be charged for on the basis of the Printer’s quotation, and will be detailed in writing, and shown as variations on the Printer’s invoice. The Client shall be required to respond to any variation submitted by the Printer within ten (10) working days. Failure to do so will entitle the Printer to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
   • At the Printer’s sole discretion, a non-refundable deposit may be required.
   • Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Printer, which may be:
     • on Delivery of the Goods;
     • before Delivery of the Goods;
     • by way of instalments/progress payments in accordance with the Printer’s payment schedule;
     • thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
     • the date specified on any invoice or other form as being the date for payment; or
     • failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by the Printer.
   • Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and the Printer.
   • The Printer may in its discretion allocate any payment received from the Client towards any invoice that the Printer determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Printer may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Printer, payment will be deemed to be allocated in such manner as preserves the maximum value of the Printer’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
   • The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Printer nor to withhold payment of any invoice because part of that invoice is in dispute.
   • Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Printer an amount equal to any GST the Printer must pay for any supply by the Printer under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Delivery of Goods
   • Delivery (“Delivery”) of the Goods is taken to occur at the time that:
     • the Client or the Client’s nominated carrier takes possession of the Goods at the Printer’s address; or
     • the Printer (or the Printer’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
   • At the Printer’s sole discretion, the cost of Delivery is either included in the Price or is in addition to the Price.
   • Any time specified by the Printer for Delivery of the Goods is an estimate only. The Client must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. The Printer will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. In the event that the Client is unable to take Delivery of the Goods as arranged then the Printer shall be entitled to charge a reasonable fee for redelivery and/or storage.
   • The Printer may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

7. Risk
   • Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
   • If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Printer is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Printer is sufficient evidence of the Printer’s rights to receive the insurance proceeds without the need for any person dealing with the Printer to make further enquiries.
   • If the Client requests the Printer to leave Goods outside the Printer’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk.
   • Any tabulated work and/or foreign language included in the job but not contained in the manuscript originally submitted for the purpose of estimating may be charged to the Client and shown as extras on the invoice.
   • Unless otherwise agreed, the Client shall bear the cost of fonts, or colour proofs, or artwork, specially bought at its request for the Services.
   • The Printershall be under no liability whatever to the Client for any variation (beyond the reasonable control of the Printer) in colours between the approved prototype and the finished Goods.
   • The Printer is under no obligation to provide samples of Goods ordered other than by virtual (computerised) sample. Whilst every effort will be taken by the Printer to match virtual colours with physical colours, the Printer will take no responsibility for any variation between virtual sale samples and either the virtual sale sample displayed on the Client’s computer and/or the final product.
   • While every effort will be taken by the Printer to match PMS colours, the Printer will take no responsibility for any variation due to substrates, half tones and/or detailed graphics between sale samples (including but not limited to virtual or physical samples) and the final product.
   • The Printer shall not be held liable for inks wearing off through general wear and tear.
   • Where materials or equipment are supplied by the Clientfor the provision of Services the Printer shall accept no liability for imperfect work caused by defects in, or the unsuitability of, such materials or equipment for the Services.
   • In the case of property and materials left with the Printerwithout specific instructions, the Printer shall be free to dispose of them at the end of twelve (12) months after his receiving them and to accept and retain any proceeds gained from such disposal to cover the Printer’ costs in holding and handling such items.
   • Any change or correction to any film, bromides, artwork and/or any printing surface supplied by the Clientwhich is deemed necessary by the Printer to ensure correctly finished work shall be invoiced as an extra.
   • The Client shall inform the Printer of any potential delays that may affect the approval of Services and/or amendments to be communicated in a timely manner, including, but not limited to the Client’s authorisation process.

8. Design Concepts and Projects
   • Any indication provided by the Printer as to the duration of the project shall be considered as an estimate and shall commence from the date that cleared deposit funds (where applicable) are received by the Printer.
   • All work carried out whether experimentally or otherwise at the Client’s request will be charged to the Client.
   • The Client acknowledges that any artwork provided by the Printer may not be to scale. In addition, whilst Printer will endeavour to provide an accurate representation of any artwork, the Client accepts that some discrepancy may occur between on-screen and/or photographic views and the physical artwork when viewed in an electronic form.

9. Artwork and ProofReading
   • Whilst every care is taken by Printer to carry out the instructions of the Client, it is the Client’s responsibility to undertake a final proof reading of the Goods. Printer shall accept no liability whatsoever for any errors not picked up and/or corrected by the Client in the final proof reading. Should the Client’s alterations require additional proofs this shall be invoiced as an extra.
   • Any amendments to the artwork or proofs shall be charged at Printer’ standard hourly rate.
   • Any artwork provided by Printer cannot be reproduced by the Client until payment has been received by Printer.

10. Title
    • The Printer and the Client agree that ownership of the Goods shall not pass until:
      • the Client has paid the Printer all amounts owing to the Printer; and
      • the Client has met all of its other obligations to the Printer.
    • Receipt by the Printer of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • It is further agreed that, until ownership of the Goods passes to the Client in accordance with clause 1:
      • the Client is only a bailee of the Goods and must return the Goods to the Printer on request;
      • the Client holds the benefit of the Client’s insurance of the Goods on trust for the Printer and must pay to the Printer the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
      • the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Printer and must pay or deliver the proceeds to the Printer on demand;
      • the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Printer and must sell, dispose of or return the resulting product to the Printer as it so directs;
      • the Client irrevocably authorises the Printer to enter any premises where the Printer believes the Goods are kept and recover possession of the Goods;
      • the Printer may recover possession of any Goods in transit whether or not Delivery has occurred;
      • the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Printer;
      • the Printer may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

11. Personal Property Securities Act 2009 (“PPSA”)
    • In this clausefinancing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
    • Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to the Printer for Services – that have previously been supplied and that will be supplied in the future by the Printer to the Client.
    • The Client undertakes to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Printer may reasonably require to;
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 3(a)(i)or 11.3(a)(ii);
      • indemnify, and upon demand reimburse, the Printer for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of the Printer;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of the Printer;
      • immediately advise the Printer of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    • The Printer and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    • The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by the Printer, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Client must unconditionally ratify any actions taken by the Printer under clauses 3to 11.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 11), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

12. Security and Charge
    • In consideration of the Printer agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    • The Client indemnifies the Printer from and against all the Printer’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Printer’s rights under this clause.
    • The Client irrevocably appoints the Printer and each director of the Printer as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12including, but not limited to, signing any document on the Client’s behalf.

13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    • The Client must inspect the Goods on Delivery and must within seven (7) days of Delivery notify the Printer in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Printer to inspect the Goods.
    • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    • The Printer acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Printer makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Printer’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    • If the Client is a consumer within the meaning of the CCA, the Printer’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If the Printer is required to replace the Goods under this clause or the CCA, but is unable to do so, the Printer may refund any money the Client has paid for the Goods.
    • If the Client is not a consumer within the meaning of the CCA, the Printer’s liability for any defect or damage in the Goods is:
      • limited to the value of any express warranty or warranty card provided to the Client by the Printer at the Printer’s sole discretion;
      • limited to any warranty to which the Printer is entitled, if the Printer did not manufacture the Goods;
      • otherwise negated absolutely.
    • Subject to this clause 13, returns will only be accepted provided that:
      • the Client has complied with the provisions of clause 1; and
      • the Printer has agreed that the Goods are defective; and
      • the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
      • the Goods are returned in as close a condition to that in which they were delivered as is possible.
    • Notwithstanding clauses 1to 13.8 but subject to the CCA, the Printer shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • the Client failing to properly maintain or store any Goods;
      • the Client using the Goods for any purpose other than that for which they were designed;
      • the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • the Client failing to follow any instructions or guidelines provided by the Printer;
      • fair wear and tear, any accident, or act of God.
    • Notwithstanding anything contained in this clause if the Printer is required by a law to accept a return then the Printer will only accept a return on the conditions imposed by that law.

14. Intellectual Property
    • Where the Printer has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Printer. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Printer.
    • The Client warrants that all designs, specifications or instructions given to the Printer will not cause the Printer to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Printer against any action taken by a third party against the Printer in respect of any such infringement.
    • The Client agrees that the Printer may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Printer has created for the Client.

15. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Printer’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Client owes the Printer any money the Client shall indemnify the Printer from and against all costs and disbursements incurred by the Printer in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Printer’s contract default fee, and bank dishonour fees).
    • Further to any other rights or remedies the Printer may have under this Contract, if a Client has made payment to the Printer, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Printer under this clause 15where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
    • Without prejudice to the Printer’s other remedies at law the Printer shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Printer shall, whether or not due for payment, become immediately payable if:
      • any money payable to the Printer becomes overdue, or in the Printer’s opinion the Client will be unable to make a payment when it falls due;
      • the Client has exceeded any applicable credit limit provided by the Printer;
      • the Client 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 Client or any asset of the Client.

16. Cancellation
    • Without prejudice to any other remedies the Printer may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Printer may suspend or terminate the supply of Goods to the Client. The Printer will not be liable to the Client for any loss or damage the Client suffers because the Printer has exercised its rights under this clause.
    • The Printer may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Printer shall repay to the Client any money paid by the Client for the Goods. The Printer shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Printer as a direct result of the cancellation (including, but not limited to, any loss of profits).
    • Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

17. Privacy Policy
    • All emails, documents, images or other recorded information held or used by the Printer is Personal Information, as defined and referred to in clause 3, and therefore considered Confidential Information. The Printer acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Printer acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Printer that may result in serious harm to the Client, the Printer will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
    • Notwithstanding clause 1, privacy limitations will extend to the Printer in respect of Cookies where the Client utilises the Printer’s website to make enquiries. The Printer agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
      • IP address, browser, email client type and other similar details;
      • tracking website usage and traffic; and
      • reports are available to the Printer when the Printer sends an email to the Client, so the Printer may collect and review that information (“collectively Personal Information”)

If the Client consents to the Printer’s use of Cookies on the Printer’s website and later wishes to withdraw that consent, the Client may manage and control the Printer’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

• The Client agrees that the Printer may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
  • to assess an application by the Client; and/or
  • to notify other credit providers of a default by the Client; and/or
  • to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
  • to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
• The Client consents to the Printer being given a consumer credit report to collect overdue payment on commercial credit.
• The Client agrees that personal credit information provided may be used and retained by the Printer for the following purposes (and for other agreed purposes or required by):
  • the provision of Goods; and/or
  • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
  • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
  • enabling the collection of amounts outstanding in relation to the Goods.
• The Printer may give information about the Client to a CRB for the following purposes:
  • to obtain a consumer credit report;
  • allow the CRB to create or maintain a credit information file about the Client including credit history.
• The information given to the CRB may include:
  • Personal Information as outlined in 3above;
  • name of the credit provider and that the Printer is a current credit provider to the Client;
  • whether the credit provider is a licensee;
  • type of consumer credit;
  • details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
  • advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and the Printer has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
  • information that, in the opinion of the Printer, the Client has committed a serious credit infringement;
  • advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
• The Client shall have the right to request (by e-mail) from the Printer:
  • a copy of the Personal Information about the Client retained by the Printer and the right to request that the Printer correct any incorrect Personal Information; and
  • that the Printer does not disclose any Personal Information about the Client for the purpose of direct marketing.
• The Printer will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
• The Client can make a privacy complaint by contacting the Printer via e-mail. The Printer will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

18. Service of Notices
    • Any written notice given under this Contract shall be deemed to have been given and received:
      • by handing the notice to the other party, in person;
      • by leaving it at the address of the other party as stated in this Contract;
      • by sending it by registered post to the address of the other party as stated in this Contract;
      • if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
      • if sent by email to the other party’s last known email address.
    • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

19. Trusts
    • If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Printer may have notice of the Trust, the Client covenants with the Printer as follows:
      • the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
      • the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
      • the Client will not without consent in writing of the Printer (the Printer will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
        • the removal, replacement or retirement of the Client as trusteeof the Trust;
        • any alteration to or variation of the terms of the Trust;
        • any advancement or distribution of capital of the Trust; or
        • any resettlement of the trust property.

20. General
    • The failure by either 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. 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.
    • These terms and conditions and any contract to which they apply shall be governed bythe laws New South Wales in which the Printer has its principal place of business, and are subject to the jurisdiction of the courts in that state.
    • Subject to clause 13,the Printer shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Printer of these terms and conditions (alternatively the Printer’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    • The Printer may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
    • The Client cannot licence or assign without the written approval of the Printer.
    • The Printer may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Printer’s sub-contractors without the authority of the Printer.
    • The Client agrees that the Printer may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Printer to provide Goods to the Client.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • Both partieswarrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.