GENERAL
1. Quotations
1.1 Subject to paragraphs 1.2, 2, 3 and 4, all prices quoted are based
on work specified in the quote (or the verbal instructions given at
time of order). Quotes are valid for a period of 30 days from their
date. Quotes will be deemed accepted upon the Customer making an Order
1.2 Prices quoted are based on the current cost of production,
(materials, labour, machine time etc) and are subject to amendment by
Ozlocal before or after acceptance of the quotation to meet a
variation in the cost of production between the date of quotation and
the date of execution of the order, provided there is no unreasonable
delay on the part of Ozlocal.
2. Customers Instructions
2.1 Ozlocal shall only be required to fulfil the instructions
specified in the quote. The customer is responsible to provide written
instructions at the time of quotation. Ozlocal shall not be
responsible for errors or omissions due to misinterpretation of verbal
instructions.
2.2 The cost of additions or alterations to any proof submitted to a
customer will be added to the price (unless changes to the proof are
merely typographical corrections).
3. Expedited Delivery
3.1 Customer acknowledges that a requirement for urgent delivery
increases the likelihood of defects. Ozlocal will use reasonable
efforts to avoid defects but will not be liable for defects arising
because of urgent delivery.
3.2 The price will be increased to cover overtime work or other
additional costs incurred as a result of any requirement for urgent
delivery.
4. Outside Work
4.1 If Ozlocal has to obtain goods (including typefaces, film, plates
etc) and/or services not normally stocked or supplied by Ozlocal from
a third party in order to carry out the customer’s instructions:
a) Ozlocal acquires these goods and/or services as agent for the
customer and not as principal. It will have no liability to the
customer in relation to the supply of those goods and/or services. Any
claim by the customer in relation to the supply of those goods and/or
services must be made directly against the third party supplier.
b) The customer must pay for such goods and/or services.
c) Any such goods are obtained on the basis that title in those goods
passes to Ozlocal when the goods are incorporated into the work done
by Ozlocal.
5. Suspension of Work
5.1 The suspension by the customer of any work, for any reason
whatsoever, for a period of thirty (30) days, entitles Ozlocal to
payment in full for the work completed up to the suspension date.
6. Cancelled Orders
6.1 Orders cannot be cancelled except upon terms, which compensate
Ozlocal for all work done, materials used or specially acquired to
complete the order, to the date of the cancellation.
7. Payment
7.1 Once the work is completed Ozlocal will invoice the customer for
the quoted price plus any additional charges referred to above.
7.2 All Invoices shall be paid COD unless prior arrangements are
agreed with Ozlocal. Any credit arrangements will require an Account
Application form to be completed and approved by Ozlocal.
7.3 Ozlocal will use its best endeavours to deliver the correct
quantity ordered however quantities will at all time be considered
estimates only and are conditional upon a margin of five percent (5%)
being allowed for overs or shortages, which shall be charged for or
deducted as appropriate.
7.4 Ozlocal may at its option charge interest (at the rate of the
Commonwealth Bank of Australia on overdrafts not exceeding $100,000
plus 3%) on amounts not paid when due, such interest is to be
calculated on a daily basis from the date any such amount should have
been paid until the date of payment as a genuine assessment of the
damages which Ozlocal will suffer
7.5 If the customer fails to pay when due, Ozlocal may contract with
third parties, including the lawyers, to recover such payment, Ozlocal
will be entitled to recover costs paid to such third party in addition
to any other monies payable under these terms.
8. Warranties and Conditions
8.1 Unless expressly set out herein, all implied warranties and
conditions in relation to any supply by Ozlocal are expressly excluded
(unless such warranties cannot at law be excluded).
9. Risk
9.1 The goods are at the risk of Ozlocal until delivered to the
customer by Ozlocal at its premises.
9.2 Ozlocal shall not be liable for insurance, freight or loss or
damage to goods in transit incurred in delivery.
10. Liability
10.1 To the fullest extent permitted by law, except as provided
herein, Ozlocal 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 Ozlocal’s negligence, or in any way whatsoever.
10.2 Ozlocal’s acknowledges liability for implied warranties under
Trade Practices Act 1974, (the Act) provided that liability for a
breach of a condition or warranty implied by Division 2 of Part V of
the Act (other than section 69) is hereby limited to:
1. In the case of goods, any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring
equivalent goods;
d) The payment of the cost of having the goods repaired; or
2. In the case of services:
a) The supplying of the services again; or
b) The payment of the cost of having the services supplied again.
10.3 Ozlocal will not be liable to the customer for loss, howsoever
caused, of any data stored on disks, tapes, compact disks or other
media supplied by the customer to Ozlocal or for any damage, loss or
destruction of any property of the customer unless the loss or damage
has been caused by the failure of Ozlocal to exercise due care and
skill in handling or storing such property .
10.4 Force Majeure. Ozlocal will not be liable for any loss, damage or
expense suffered or incurred by the customer where such loss is
occasioned by any cause beyond Ozlocal’s reasonable control, including
and without limiting the generality of the foregoing by war,
insurrection, terrorism, fires, floods, strikes, lockouts, delays in
transport, breakdowns in machinery, the inability or failure of a
supplier to supply necessary materials, or prohibitions or other
action by any government or semi-government authority, or embargoes.
10.5 Delivery. The delivery terms are estimates only. Ozlocal will not
be liable for any loss, damage or delay suffered by the customer
because of late or non-delivery of goods or services.
11. Claims
11.1 The customer must inspect goods or services supplied by Ozlocal
within 14 days from delivery. Any claims against Ozlocal must be in
writing within such fourteen (14) days. No claims shall be made by the
customer beyond this period.
12. Non Payment
12.1 Until the customer has paid all sums outstanding for the goods
supplied, title to the goods shall not pass from Ozlocal to the
customer.
12.2 If the customer has not paid all sums outstanding in relation to
the goods, the customer must forthwith return the goods to Ozlocal if
so directed by Ozlocal.
13. Copyright
13.1 Copyright in all artistic and literary works authored by Ozlocal
shall remain the property of Ozlocal unless there is a written
agreement to the contrary.
13.2 The customer warrants to Ozlocal, that the customer has copyright
in or a licence to authorise Ozlocal to reproduce all artistic and
literary works supplied by the customer to Ozlocal for the purpose of
the Order. The Customer expressly authorises Ozlocal to reproduce all
and any of such works for the purposes of the Order.
13.3 The Customer indemnifies and agrees to keep Ozlocal indemnified
against all liability, losses or expenses incurred by Ozlocal in any
way directly or indirectly connected with any breach of copyright in
materials supplied by the customer.
13.4 Conditional upon receipt of payment in full for the work
performed by Ozlocal, Ozlocal grants to the customer a non-exclusive
license to use the copyright in works created by Ozlocal for the
purposes of the Order.
14. Confidentiality
14.1 The customer must keep confidential and must not (without
Ozlocal’s written consent) use any ideas, systems or processes
communicated or made available by Ozlocal to the customer.
15. Electronic Media
15.1 All Disks, tapes, compact disks or other media (other than the
media supplied by the customer) used by Ozlocal to store data for the
purposes of completing the Order are the property of Ozlocal. The
customer cannot require Ozlocal to supply to the customer any such
data. Ozlocal may charge the customer for supplying such data where it
chooses to supply such data to the customer.
15.2 Ozlocal will not be liable for storing any data on disks, tapes,
compact disks or other media when the Order has been completed. If
Ozlocal agrees to store such data, Ozlocal may charge the customer to
do so.
16. Goods and Services Tax
16.1 The customer will be liable for any goods and services tax
payable on the supply of goods and/or services by Ozlocal to the
customer.
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