Terms and Conditions of Trade
- By ordering our services and/or products you agree to be bound by these Terms and Conditions.
- Reference to “we”, “our” and “us” means Dezines4U Promotional Merchandise and its officers, employees and contractors.
- All $ amounts in these Terms and Conditions include GST, and the singular includes the plural and vice versa.
- Any quote we provide you with is not an offer.
- Quotes apply only to your specific quoted order. They do not apply to any other order or change to your order.
- Quotes are valid only if in writing and only for 30 days unless we specify otherwise in writing.
- We may change or discontinue promotions at any time.
- We may refuse to accept your order for any reason.
- Overs and unders – Our suppliers on indent orders reserve the right to under or over deliver by no more than 10% and charge
accordingly. Request for exact quantities may incur a surcharge. Unders and overs are outside the control of Dezines4U promotional Merchandise.
- Once placed and order cannot be cancelled unless agreed in writing by Dezines4U Promotional Merchandise.
- Any associated costs with changes to orders once commenced, will be borne by you.
- If cancellation of an order is agreed to by us, a 20% cancellation fee will be applicable and invoiced accordingly.
- You must pay minimum 50% of the invoice total upon confirming your order for work to commence (unless we extend you credit). Time is an essential term.
- We accept payment only by Direct Deposit, cheque (by prior arrangement only) and your order will be placed once cheque has cleared, money order or cash (do not send cash by post).
- With regards to Direct Deposit we cannot credit you with payment until we can verify your deposit with our bank.
- With regards to cheques any normal bank clearing times will apply.
- If you pay by a cheque that is dishonoured, you must pay any bank charges incurred by Dezines4U Promotional Merchandise.
- We do not normally extend credit. If we do, we may specify a credit limit and any invoice(s) must be settled within the allowed period. Time is an essential term. Despite any credit terms on our invoice, we may withdraw credit at any time for any reason.
- You must pay us 1% of the invoice amount for your ordered products if you fail to collect your goods within 2 days of notification, or if you fail to accept delivery of them, any additional costs incurred will be borne by you.
- If for any reason your account is overdue, then in addition to our other rights: o We will not provide any further services until it is paid. o You must pay us interest at 10% pa, calculated daily from the due date until payment (and you agree that this is a genuine pre-estimate of our loss) o You must pay us an accounting and administration fee of $49.50 per month (calculated proportionately for a part of the month) from the date the payment was due. o You must pay (on a full indemnity basis) our legal and other costs of recovering or attempting to recover amounts owed to us. o If we have not delivered or you have not collected your goods we can retain passion of them as security until all your accounts are paid (whether they relate to the particular goods being held).
- If you are unsatisfied with our services or products you must give us written details within 7 days after we have provided the services or you have received the products.
- Unless we expressly agree otherwise, you cannot return incorrectly ordered products.
- We retain title to products we supply you with (even if installed in your premises) until we receive full payment. Once paid in full they then become your property.
- Before we attend your premises to provide services or products., you must take all reasonable action to remove an potential hazards that might harm our health or safety, and identify to us any that you have not removed.
WARRANTIES & LIMITATION OF LIABILITY
- Products are at your risk from the time you collect then or they are delivered to your nominated your nominated premises (even if we still retain title to them)
- To the extent permitted by law, these terms and Conditions exclude all statutory warranties and liabilities in relation to goods and services that can be excluded. Your non-excludable statutory rights are not affected.
- If a statutory warranty cannot be excluded, our liability to you for breach of the warranty is, at our choice, to resupply services (or pay for the cost of their resupply) or replace or repair products (or pay for the cost of their replacement or resupply) or, in any case, refund you the amount you have paid to us for those services or products.
- If we have agreed to resupply services or products (or pay for the cost of their resupply) and you refuse or prevent their resupply, you are taken to have unconditionally accepted the original services or products, we have no further liability to you, and you must immediately pay any outstanding amount or comply with any credit arrangement.
- Our maximum liability for damages (whether arising from negligence, breach of contract, breach of express or statutory warranty, breach of other obligation, misrepresentation, or otherwise) is the amount you have paid to us for the relevant service or product.
- If you have a claim against us you are taken to have abandoned it if you do not commence legal proceedings within 6 months from the date the claim arose.
- We are not liable to you for any loss or damage caused by an event beyond our control, or for any omission of a subcontractor who provides services to us (whether with or without your approval), or for failure or delay in providing products or services, or for indirect or consequential loss.
- You warrant that you do not rely on our skill or judgement in relation to the products we supply, you rely solely on your own decision as to their fitness for a particular purpose (whether business or private and whether or not you have told us that purpose) and you release us from liability for any loss, liability or injury you may suffer.
- We will not disclose your personal information without your consent unless required by law or for the purpose of obtaining legal or financial advice or if we sell our business (in which case we will not disclose your credit card details). See also our website for further privacy information.
- We may change these Terms and Conditions at any time. We will notify you of any change but need not give your prior notice.
- These Terms and Conditions are the entire agreement between you and us in relation to our services and products. Alleged oral representations by us or anyone on our behalf are excluded.
- Any term or condition (or part thereof) that is unforeseeable is to be varied to the extent required to preserve their purpose and remainder of these Terms and Conditions, or, if necessary, omitted.
- Any express term or condition on the reverse side prevails to the extent of any inconsistency with these printed terms and Conditions.
- We do not waive any of these Terms and Conditions unless we sign a written waiver.
- The laws of NSW govern these terms and Conditions. Any claim relating to these Terms and Conditions must be submitted to the exclusive jurisdiction of the courts of NSW.
