TERMS AND CONDITIONS

Conditions of Sale of ADVERTISE MY BUSINESS (“AMB”)

 ACN 139 627 099

1.        Introduction

1.1        All goods and/or services are sold by AMB (“We”) are subject to the following conditions which shall prevail over all other terms and conditions unless a separate agreement in writing has been specifically made between the parties, in which event the provisions of a later agreement will prevail over these terms and conditions only to the extent that these terms are expressly excluded.

1.2        By ordering goods or services (“Products”), the Customer, (“You”) accept these terms and conditions in relation to the order.

2.        Acceptance

2.1        No order shall be binding on us until accepted by us.  We reserve the right to reject an order in whole or in part by giving You notice thereof within fourteen days of receipt of the order.  Rejection may be communicated by email to the email address from which You ordered the Products.

2.2        Once made, orders may not be cancelled or changed without our written approval.

3.        Payment Terms

3.1        We shall not be obliged to accept orders to be paid for by credit card where sufficient credit to pay for the order is not available and provided.

3.2        In addition to the price quoted We may charge you with costs, charges or expenses or other outgoings we incur or we are liable for with respect to any variation requested by You.

3.3        The price of goods is subject to change without notice including changes to incorporate any increase in the cost of materials and/or labour and/or freight and charges.

3.4        Should You default in payment We may, without prejudice to other remedies, suspend credit and withhold orders.

4.        Artwork approval

4.1        We will not begin production of your order until You have approved the artwork. You will be required to approve your artwork as part of the checkout and approvals process online.

4.2        Online artwork proofs are an indication of the final printed product only. Variations in colour or position can be a result of your screen resolution, monitor type and the printing process. Any reprints requested will be at your cost.

4.3        Your approval of artwork will be accepted as approval of all artwork including design, spelling, grammar and numbers. We will print what is accepted in the final proof. Any reprints requested will be at your cost.

5.        Colour variations

5.1        Print colour may vary from different printing processes and materials.

5.2        As part of the design process You have been asked to supply us with the appropriate PMS / Pantone colour codes. We will not be responsible for colour which does not match your requirements where you do not supply PMS/Pantone colours.

6.        Title

6.1        Title to the Products does not pass to You until payment for the order and of all monies payable by You to us.

6.2        Risk in the Products passes to You on delivery and may not be refused by You.

7.        Delivery

7.1        Delivery times provided to You are estimates only and We are not liable for late delivery or non-delivery or for loss occasioned by You or your customers arising from late delivery or non-delivery.

7.2        Delivery and/or performance of this Agreement are subject to our being able to obtain the goods the subject of an order.  We shall be granted an automatic extension of time for the delivery of the goods appropriate to any variation requested by You.

7.3        We may, at our option, deliver the goods to You in any number of instalments.

7.4        We reserve the right to charge for delivery of products and for administration fees for orders below a certain dollar value.

7.5        You shall be liable for delivery costs, including return costs, subject to Clause 6.1.

8.        Return

8.1        We will accept return of Products which are damaged or defective when delivered or not otherwise in accordance with your order within a reasonable time after You have had an opportunity to inspect the Products.

8.2        We will not accept return of Products which are damaged or defective by reason of inappropriate use or care by You.

9.        Specific Stock

9.1        Where the Products ordered are specific to You, You must accept delivery of the Product within 14 days of notification that they are available for delivery.

9.2        Product returns must be approved in advance and may be subject to a re-stocking fee and payment of freight.

10.      Intellectual Property

10.1     You grant us, for the purpose of performing our obligations under this agreement, a non-exclusive world-wide irrevocable licence to use, copy, display and reproduce any trademark, logo, design and any other intellectual property supplied by You to us for the purpose of our providing the Products.

10.2     You warrant that you have the right and ability to agree to these terms and that any trademark, logo, design or any other intellectual properties supplied by You to us will not infringe any right of any other person or party.

10.3     You indemnify and hold us harmless from and against any and all loss, damage, liability, penalties and expenses (including legal fees) suffered or incurred by reason of any claims, (including third party claims) arising out of an alleged infringement or violation of intellectual property rights with respect to the use by us of intellectual property supplied by You.

11.      Warranties

In addition to any other warranty imposed by law, and subject to Clause 10, We warrant to You that the Products are of merchantable quality and fit for the purpose for which they are supplied and the services performed by us under these terms will be rendered with due, care and skill.

12.      Limitation of Liability

12.1     Our liability arising under these terms and conditions for breach of warranty or for a breach of any term, condition or warranty implied or imposed in relation to these terms by any Act of Parliament shall be limited at our option to:

If the breach or liability relates to our goods:

(a)     the replacement of the Products with the supply of equivalent product or payment of the cost of replacing the Products or acquiring equivalent products; or

(b)     the repair of such Products or payment of the cost of having the Products repaired.

If the breach or liability relates to services:

(a)     the supplying of the services again; or

(b)     payment of the costs of having the services supplied again.

12.2     We shall not be liable to You whether in a contract or tort (including negligence) or otherwise for any loss of business, revenue, opportunity or any consequential or indirect loss or damage or loss of profits however caused, which may be suffered or incurred or which may arise directly or indirectly in connection with the order for the Product.

13.      Applicable law

These terms and conditions shall be governed by and construed in accordance with the laws of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.

14.      Waiver

No delay, neglect or forbearance on our part in enforcing any term or condition of these terms and conditions shall either be or be deemed to be a waiver or in any way prejudice any of our rights under these terms and conditions.

15.      Price

15.1     Unless otherwise stated, all prices quoted are exclusive of Goods and Services Tax (“GST”).

15.2     Prices quoted are those applicable at the date of issue and are based on rates of freight, cost of materials and other charges affecting the cost of production.  If additional charges are incurred by reason of delay or on the part of the Customer, You are liable for such charges.

Note