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1. TERMS AND CONDITIONS

Unless otherwise agreed in writing by the Company all orders for goods, all agreements and contracts for the supply of goods are subject to the following terms and conditions of sale.

2. QUOTES AND ORDERS

Where the Purchaser requests the Company to supply goods and/or services by the company, the company may give to the customer a written quote specifying the Work required to be done in order to fulfil the Customers instructions and an estimate of that work and acceptance by the Customer of that quote will constitute acceptance by the customer of these terms and conditions. A quote when issued shall be valid for 30 days only.

3. PRICE, CHARGES & DELIVERY

• The prices and specifications of the goods are subject to change without notice.
• The Company reserves the right to apply a service charge to the Customer Invoice to help cover processing and handling costs, the amount to be determined by the Company from time to time.
• The Company reserves the right to correct any invoicing errors or omissions at any time.
• Goods & Services Tax (GST) will be charged on the total invoice amount in accordance with current GST legislation.
• Unless otherwise agreed the Company will deliver on ex warehouse terms within Australia. Special requirements such as courier delivery or airfreight will attract additional charges.
• The Company will not be responsible for any errors if the Customer prior to completion of the order does not correct proof in writing. The Company does not guarantee that production prints match exactly colour proofs due to variations in colouring ink and material, however, the Company will use all reasonable endeavours to provide a commercially acceptable finished product.

4. PAYMENT

• All invoices must be paid COD unless prior arrangements have been made with the company.
• Payment shall be made upon receipt of the Company’s Invoice.
• Should the Customer delay in payment the Company may refuse to deliver further goods until payment is made to the satisfaction of the Company and any costs associated with such delay or default such as charges on cheques being represented or dishonoured, collection, commission or legal fees charged by any third party in the recovery of the debt, must be paid by the Customer.

5. INTEREST

If the customer does not make payments by the due date, the Company may at its option charge interest at the then current commercial overdraft rate of the Company’s Bank plus 3% per annum on amounts not paid within the agreed credit arrangement, calculated on daily basis from the date any such amount should have been paid and until the date of payment.

6. RISK AND OWNERSHIP

6.1 The risk in all goods supplied shall pass to the Customer upon delivery.

6.2 The Property in the goods being the subject of the Customers order(s) shall not pas to the Customer until all monies owing by the Customer in respect of the subject order and all monies outstanding from previous orders have been paid.

7. CLAIMS, RETURNS

7.1 The Company shall not recognise any claims unless made in writing within seven (7) days of the delivery date and receipt of invoice. No claims shall be recognised after this period.

7.2 Claims for damaged goods will not be accepted if documentary evidence shows that the Customer(s) or their agents received the goods in good working order and condition.

7.3 The goods returned require to be approved by the Company as goods authorised for return.

7.4 Liability of the Company to the Customer shall be limited to and not exceed the purchase price of the goods.

7.5 The Company shall not be liable for any delay or failure to deliver from any cause whatsoever or for any loss or damage (direct or consequential) resulting from same and the Customer shall not be relieved of its obligation to accept or pay or goods by reason of delay and delivery. The Company reserves the right to deliver by instalments and a failure to deliver any instalment shall not entitle the purchaser to repudiate the contract.

7.6 To the full extent permitted by the law, except as provided herein, the company shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services or arising out of any negligence, or in any way whatsoever.

7.7 The Company will not be responsible for any errors if the Customer prior to completion of the order does not correct proof in writing. The Company does not guarantee that production prints match exactly colour proofs due to variations in colouring ink and material however, the Company will use all reasonable endeavours to provide a commercially acceptable finished product.

8. WARRANTIES

8.1 The Company hereby warrants that in the manufacture of the goods only the best workmanship and materials have been employed and if any fault due to bad workmanship or material is proved and the goods are returned within seven (7) days of the purchase thereof by the Customer, the Company will at its cost and at its own option repair or replace the faulty goods but subject as aforesaid all express or other warranty as to quality or fitness for any of the goods is hereby expressly excluded.

8.2 Except for non-excludable Rights, the Company accepts no liability for any claim by the Customer   or any other person, including without limitation , any claim relating to or arising from all clauses, conditions, guarantees, and warranties expressed or implied and all rights and remedies conferred on the Customer, by Statute, the Common Law, Equity, Trade, custom or usage or otherwise.

8.3 Any representations made by third parties which are not expressly confirmed in writing by the Company are excluded.

8.4 The warranties and undertakings which apply to the goods and/or services supplied by the Company to the customer are those implied by The Trades Practices Act 1974, as amended and in force from time to time. All other warranties and undertakings are expressly excluded.

9. LIABILITY

9.1 The Company shall have no liability for any loss or damage to the goods when in transit.

9.2 The Company, its officers, employees and agents will not be liable in respect of any loss or damage whatsoever arising in contract, tort or otherwise for any loss of profits or reputation, economic loss, sequential loss, injury, damages, labour or freight costs or expenses.

9.3 To the full extent permitted by the law, except as provided herein, the Company shall not be liable to the Customer r in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of goods and/or services, or arising out of the Company’s negligence or in any other way whatsoever.

10. FORCE MAJEURE

In no event shall any party to this contract be held liable for any failure to perform resulting from acts of God, war, insurrection, or civil disobedience, industrial disputes, occurring in any country where this contract is being carried out, in whole or in part, fire, floods, theft, crime, epidemic, the inability of the Company’s normal suppliers to supply necessary materials or any other matter beyond the control of the Company .

11. INTELLECTUAL PROPERTY AND OWNERSHIP OF MATERIALS

11.1 The copyright in all artistic and literary works authored by the Company shall remain the property of the Company unless there is a specific agreement to the contrary.

11.2 The Customer warrants that the Customer has copyright or a licence to authorise the Company to reproduce all artistic or literary works supplied by the Customer to the Company for the purposes of the Order and the Customer hereby expressly authorises the Company to reproduce all and any of such works for those purposes.

11.3 The Customer must indemnify the Company against all liability, losses and expenses incurred by the Company in relation to or in any way directly or indirectly connected to any breach of copyright.

11.4 The Customer grants a non-exclusive licence to use the copyright in any literary and/or artistic works authored by the Company for the purpose of the Order.

11.5 The Customer warrants that any designs, material or instructions supplied by the Customer will not infringe any intellectual property rights and the Customer hereby irrevocably indemnifies the Company against any and all claims relating to or arising from the infringement.

• The Customer r must keep confidential and not disclose or use any ideas or the copyright material communicated by the Company to the Customer without the Company’s prior written consent.
• All material and data stored by the Company other than media supplied by the Customer used for the purposes of completing the Customers Order remains the property of the Company. The Customer is not entitled to require the Company to supply to the Customer any stored data, however, upon request, the Company may agree to do subject to a charge.

12. APPLICABLE LAW

These terms and conditions of sale will be governed in accordance with the laws of the State of Victoria and the Purchaser hereby submits to the non-exclusive jurisdiction of the Courts of that State.

13. INTERPRETATION

In these Terms & Conditions:

‘Company’ means XGroup Pty. Ltd.   ABN: 69 220 787 828.

‘Customer ‘ means the Customer for whom the work is being carried out and where the Customer is more than one person or entity, liability of the Customer shall be joint and several.

‘Goods’ means products and/or services.

‘Quote’ means the quote described in clauses 2.1 & 2.2.

‘Order’ means an order in respect of which a Quot has been given by the Company and accepted by the Customer in accordance with these Terms and Conditions.

‘Work’ means the work that tis the subject of the Order.

‘Estimate’ means an estimate of cost for the Work contained in any Quote, as varied pursuant to these Terms and Conditions.

Headings:In these Terms & Conditions, headings are for convenient reference only and do not affect interpretation.