1 An order is made on the Customer’s acceptance of the quotation by returning a copy to Mystique Print or by acceptance of the quotation verbally within seven (7) days from its date. Any quotation accepted after seven (7) days from its date is subject to reconfirmation of the quoted price by Mystique Print. Such reconfirmation will otherwise be on these conditions.
2 The quotation and these conditions:
(a) supersede all prior and other representation, understandings and discussions (contractual or otherwise) relating to the work and the product including, but not limited to, expectation as to suitability for any purpose;
(b) apply to the exclusion of any purchase terms and conditions of the Customer and, unless otherwise agreed in writing by Mystique Print, apply to all orders of the Customer on Mystique Print for the execution of work;
(c) are subject to the provisions of the Competition and Consumer Act 2010(Cth), Australian Consumer Law and of all other relevant and applicable State and/or Commonwealth legislation which cannot be excluded.
3 The price quoted or otherwise agreed is net and the Customer will make no deduction whatsoever nor claim any set-off. Unless otherwise agreed in writing, one third of the price must be paid by the Customer on the date of the order, a further one-third on receipt of proofs and the balance on delivery. Payment must be made notwithstanding delivery is not accepted by or the Customer requests that delivery not be made. If the price or any part of the price Is not paid on the due date, the Customer must pay Mystique Print interest on the price, or the unpaid part, calculated at the rate mentioned in Schedule J to the Supreme Court Rules, 1970 (NSW) from the due date until the date on which the price or such part is paid. Any interest accrued prior to delivery must be paid on and is a condition of delivery.
4 The price quoted covers delivery to one place within the metropolitan area and an additional charge will be made for instalments or split deliveries. Any pick up or deliveries by courier, taxi cab or similar means will be charged as an extra.
5 Preliminary work or samples produced at the Customer’s request are deemed an order and will be charged accordingly.
6 Orders will be carried out in accordance with the quotation. Where verbal instructions are given, the Customer bears the sole risk of all loss and expense of any misinterpretation of such instructions or of any error or omission.
7 The price quoted is subject to upward variation after the submission of the quotation in the cost of paper and/or materials.
8 Should the urgency of the order require the working of overtime or incur other additional costs, an extra charge will be made.
9 An accepted order (whether verbally or in writing) cannot be cancelled unless Mystique Print is paid full compensation for all work performed and material used to the date Mystique Print is notified in writing of instructions to cease work.
10 No warranty or representation is given by Mystique Print in relation to and the Customer: (a) accepts sole responsibility for the consequences of; and (b) fully indemnifies Mystique Print against all claims and liability arising from; the work or the product failing to comply with the requirements of all applicable legislation including, without limitation, the Competition and Consumer Act, Australian Consumer Law and legislation relating to the marking and/or labelling and/or packaging of goods.
11 The liability of Mystique Print for breach of a condition or warranty implied by the provisions of those laws referred to in condition 2(c) which cannot be excluded (other than a condition implied by sections 51-53 of the Australian Consumer Law) is limited:
(a) in the case of the component of the work comprising goods, to any one of the following as determined by Mystique Print:
(i) replacement of the work or supply of equivalent goods;
(ii) repair of the work or payment of the cost of having it repaired;
(iii) refund of the price paid for the work; and
(b) in the case of services supplied, to any one of the following as determined by Mystique Print:
(i) supply of the services again;
(ii) payment of the cost of having the service supplied again; and subject thereto the liability of Mystique Print in any other respect shall not exceed the price quoted or otherwise agreed for the work.
12 Except those warranties referred to in condition 1, all warranties in respect of the work and the product are expressly excluded and in any event Mystique Print has no liability for any consequential loss or special damage suffered by the Customer or any person, firm, or corporation claiming through the Customer however that loss or damage may have been caused or incurred.
13 The Customer agrees to examine the work and product delivered immediately upon delivery and to notify Mystique Print forthwith of particulars of any alleged defect in the work or product.
14 Any claim by the Customer must be made in writing within seven (7) days of receipt of the work or product, beyond which no claim can be entertained.
15 Reasonable efforts will be made to complete the contract in the time stipulated subject however to variation requested by the Customer or by reason of an act of God or strike, lockout, fire, flood, drought or any other cause beyond the control of Mystique Print.
16 Should the Customer wish to suspend execution of the work or any part of it the Customer will notify Mystique Print in writing of such proposed suspension and must pay for all work completed and material used to the date of such notification.
17 The quotation includes one proof only, which will be supplied upon the Customer’s request; Additional copies will be charged as an extra. Any alterations on or after the first proof, including alterations of layout will be charged as an extra. Mystique Print accepts no responsibility for any errors if a proof is passed or approved by the Customer. Any proof, sample, or dummy returned to Mystique Print without any comment will be deemed to have been passed and approved by the Customer.
18 Reasonable endeavours will be made to deliver the exact quantity ordered, but a tolerance of 5% (in colour work 10%) shall be allowed for excess or shortage and the price adjusted accordingly.
19 All property including, but not limited to samples, manuscripts, artwork, transparencies, computer diskettes, tapes and film material delivered to Mystique Print by the Customer (and In respect to property belonging to a third party the Customer warrants authority of the third party to acknowledge this condition) will be held at the Customer’s risk and:
(a) no responsibility is accepted by Mystique Print for loss or destruction thereof howsoever caused, and
(b) Mystique Print will be entitled to retain possession thereof after completion or termination of the order and until payment in full of the price quoted or otherwise agreed and any interest payable thereon in accordance with condition
20 All drawings, sketches, photographs, designs, dummies and typesetting as well as all negatives, positives and plates prepared by Mystique Print for the purpose of the order remain the property of Mystique Print.
21 Where any order requires the provision of goods or services of a third party, the order shall be subject to the supply of such goods or services to Mystique Print and the Customer will be responsible for the cost of such goods or services. Mystique Print accepts no responsibility or liability for the delay by such third parties in supplying such goods and services.
22 Contracts for printing of publications can be terminated, in the case of monthly publication, on not less than three (3) months notice and, in the case of weekly publications, on not less than one (1) months notice.
23 Packing other than normal commercially accepted packing will be charged as extra.
24 Sales Tax will be charged at the appropriate rate at the time of invoicing unless the Customer provides in the format required by the Australian Taxation Office, evidence of an entitlement to exemption.
25 The strength of binding varies with the quality of paper used; no guarantee can be given as to the duration of the binding.
26 Deliveries are at the Customer’s risk. Mystique Print will not be responsible and accepts no liability for any delay in delivery neither by any carrier, nor for any loss of or damage to work, product or goods in transit.
27 The term “Mystique Print” used herein means Mystique Print Pty Ltd (ACN 007 392 743).