Terms and Conditions
1. QUOTATIONS
(a) Estimates/website pricing are based on the current costs of production and, unless otherwise agreed, maybe subject to amendment by Vivid Print & Promotions Pty Ltd (VP) before or after acceptance of the quotation to meet any rise and fall in such costs between the date of quotation and the date of execution of the order.
(b) Changes in specifications and the supply of files not suitable for printing may lead to additional costs which will be confirmed in writing.
(c) Once accepted by the customer, VP’s written quotation shall be deemed to interpret correctly the customer's instructions, whether written or verbal. Where verbal instructions only are received from the customer, VP shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.

2. TAX
In addition to paying the price for the goods, the customer must pay an amount equal to the Goods and Services Tax (GST) associated with the supply of the goods without deduction or set off of any other amounts.

3. PRELIMINARY WORK
All work carried out, ordering of samples, at a customer's request will be charged to the customer unless otherwise expressly agreed by VP in writing.

4. PROOFS
Proofs of all work will be submitted for customer's approval and VP shall not incur liability for any errors not corrected in the proofs submitted. Customer's alterations and additional proofs necessitated by customer changes may be charged as an extra.

5. TABULATED WORK AND FOREIGN LANGUAGE
Any tabulated work and/or foreign language included in the job but not contained in the manuscript originally for the purpose of estimating, are chargeable as an extra.

6. RETENTION OF TITLE
(a) Property and ownership in the goods will not pass to the customer but will remain with VP until payment of the purchase price of the goods in full and all other amounts owing have been received.
(b) All risk in the goods shall pass to the customer on the date of the notice to the customer that the work has been completed and the customer shall insure (and keep insured) the goods.
(c) If payment for the goods is not made by the customer within 7 days of the invoice due date, then the customer shall deliver the goods to VP on demand.

7. PAYMENT
(a) Subject to paragraph (b), payment is due and payable within the approved terms provided by VP, or in the absence of terms approved by VP payment is required on or before the last business day of the month following the month the invoice is rendered. Unless otherwise stated in writing by VP, overdue accounts will attract an administration charge and/or interest charge at the current 90-day Bank Bill rate, plus 3%.
(b) In the case of the first transaction between the parties, payment in full is required on acceptance of the quotation or the lodging of the order (whichever shall be the later) unless otherwise stated in writing by VP.
(c) The suspension by the customer of any work, for any reason, for a period exceeding thirty (30) days shall entitle VP to request payment for work already carried out, materials specially ordered for that work and other additional costs including storage which is payable by the customer on request.

8. DELIVERY
(a) Should expedited delivery be agreed, reasonable efforts should be made by VP to secure production by the required date. An extra charge may be made to cover any overtime or other additional cost incurred as a result of the request for early delivery.
(b) Every endeavour will be made to deliver the correct quantity ordered but estimates and/or orders are conditional upon a margin of 10 per cent, irrespective of number of colours, being allowed for overs or shortages. Such overs shall be charged for and shortages deducted.
(d) Unless otherwise specified, the price quoted includes the cost of delivery of the goods to the customer's premises if situated within a radius of 50 kilometres of VP’s establishment. All quotations are based on continuous and uninterrupted delivery of complete orders unless original specifications state otherwise.
(e) Claims against VP should be made in writing within fourteen (14) days of the date of the delivery. Claims by the customer as non-delivery should be made in writing within 7 days after despatch of the goods.

9. SUITABILITY OF GOODS OR WORK
(a) Subject to such statutory warranties as cannot validly be excluded, no warranty shall be given that the goods sold are or work done is suitable in size, shape, capacity, quality or otherwise for the purpose for which goods are brought or the work is done. VP shall not be liable for any damage resulting from the unsuitability of the goods or the work, for any purpose for which the same may be used.
(b) This Clause 9 applies in respect of any of the goods supplied under this contract which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this Clause will not apply if the customer establishes that reliance on it would not be fair and reasonable.

10. LIABILITY
(a) VP shall not be liable for indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or delay in delivery.
(b) No warranty, other than statutory warranties, is given by VP or responsibility accepted by VP to ensure that goods produced comply with the requirements of any legislation relating to the making and/or labelling and/or packaging of goods. Compliance with the requirements of such legislation shall be the sale responsibility of the customer.
(c) The customer indemnifies VP and will at all times keep VP indemnified against all loss, damage, claims, penalties, liabilities and expenses incurred or suffered by VP arising out of any actual or alleged breaches of the Competition and Consumer Act 2010 (Cth) or any third-party defamation, libel or slander claims against VP in respect of the material supplied by the customer.
(d) The customer warrants that it has all necessary rights and consents to reproduce copyright materials provided to VP pursuant to this agreement. The customer indemnifies VP and will at all times keep VP indemnified against all loss, damage, claims, penalties, liabilities and expenses incurred or suffered by VP arising out of any third-party claims against VP in relation to the infringement of any copyright or similar right at common law or under statute.

11. FORCE MAJEURE
Contracts and deliveries may be suspended by VP in the event of any strike, lockout, trade dispute, fire, flood, tempest, breakdown, riot, theft, crime, civic disturbance, war, terrorist activity, legislation, pandemic, force majeure, the inability of VP to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery or work and no responsibility shall be attached to VP for any delay, default, loss or damage due to any of the above causes or to any other cause beyond their control.

12. ACCEPTANCE
Acceptance of VP quotation shall be an acceptance of these terms and conditions, notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the customer's order, unless otherwise expressly agreed by VP in writing.

13. GENERAL LIEN
VP shall, in respect of all unpaid debts due from the customer, have a general lien on all goods and property in his hands and shall be entitled on the expiration of 14 days to give notice to the customer to dispose of such goods or property as VP thinks fit and to apply the proceeds towards such debts.

14. WAIVER
Notwithstanding that VP might agree in respect of any particular transaction either expressly or by implication to waive any or more of these terms and conditions, such agreement shall in no way release the customer from any other obligation or requirement set out herein.

15. STANDING MATERIAL
At the discretion of VP, all plates, files, cutting formes and other surfaces etc., may be destroyed immediately on completion of work unless otherwise agreed by VP in writing. All matter kept standing by VP at the request of the customer shall remain the absolute property of VP.

16. CUSTOMER’S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER
(a) Customer's property and all property and material supplied to VP by or on behalf of the customer (including goods in transit) will be held at the customer’s risk, and VP accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed by the VP in writing.
(b) Unless otherwise agreed in writing by VP, VP accepts no responsibility for insurance of such property or material. In event of VP agreeing in writing to insure property or material, the cost of insurance premiums shall be charged to the customer.
(c) Unless the customer establishes that reasonable degree of care has not been exercised by the VP the risk and cost of all spoilage of materials supplied by the customer shall be borne by the customer.
(d) Where the customer supplies materials, adequate quantities shall be supplied to cover spoilage. Sheets and other materials shall not be counted or checked when received unless requested by the customer in writing. An additional charge may be made by the VP in respect of any such counting or checking requested by the customer.
(e) In the case of property and material left with VP without specific instructions, VP shall be free to dispose of them at the end of twelve months after receiving them and to accept and retain the proceeds, if any, to cover VP’s own costs in holding and handling them.
(f) Where materials or equipment are supplied by the customer, VP accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment.
(g) An extra charge may be made by VP for handling or storing property or material supplied by or on behalf of the customer.

17. OWNERSHIP OF DRAWINGS, BLOCKS, ENGRAVINGS, ELECTROTYPES, ETC.
(a) Dummies, models or the like devices made or produced and manipulated by VP and blocks, engraving, stencils, dies, plates or cylinders made from VP’s original design, or from a design furnished by the customer, remain the exclusive property of VP unless otherwise agreed upon in writing.
(b) Sketches and dummies submitted by VP on a speculative basis shall remain the property of the VP. They shall not be used for any other purpose other than that nominated by VP and no ideas obtained therefrom may be used without the consent of VP. VP shall be entitled to compensation from the customer for any unauthorised use of such sketches and dummies.

18. CHANGE TO THESE TERMS
VP reserves the right to change these terms and conditions and any other information it has issued to the customer from time to time. If VP introduces a new fee or charge, or adjusts its invoicing procedures, the customer will be given at least 30 days’ notice. Notice of any other change will be given by such method as VP shall decide no later than the date on which the change takes place.

19. GENERAL
These terms and conditions are to be read subject to mandatory provisions of legislation of the Commonwealth of Australia or of one or more of the States or Territories in so far as such provisions are applicable. The invalidity of any clause or part of a clause shall not affect any other or other part of the clause.