TERMS AND CONDITIONS OF SALE

© Brand Industry Print

January 2025

1. In these Terms and Conditions of Sale (Terms of Sale) “we”, “us” or “our” mean Brand Industry Services Pty Ltd trading as Brand Industry Print (ABN 79 145 745 099), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. These Terms of Sales apply to all sales made by us to you. These Terms of Sale are available at www.brandindustry.com.au (Site).

2. These Terms of Sale form the agreement under which we will supply products and related services to you. Please read these Terms of Sale carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.

3. You accept our Terms of Sale by making a purchase from us or ticking the online acceptance box. Your purchase from us indicates that you have had sufficient opportunity to access these Terms of Sale and contact us, that you have read, accepted and will comply with these Terms of Sale, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms of Sale, you should not purchase from us.

4. Our Website Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.

5. Unless otherwise expressly agreed in writing, all goods are sold upon the following terms and conditions to the exclusion of any terms and conditions of the Purchaser and no agent or representative of Brand Industry Services Pty Ltd (the Company) has any authority to vary or omit, part of or all of, these conditions. Acceptance of delivery of the goods shall constitute acceptance of these terms.

6. Any deficiency in quantity of product delivered or transportation damage as at the time of delivery shall be notified to the Company immediately upon receipt. Acknowledgement of the delivery shall be deemed to be acceptance of the quantities as set out by the invoice and that the product has not suffered from transportation damage.

7. The Company will make good at its option by repair or replacement any articles sold by it which, within 7 Days after delivery, are shown to the Company’s satisfaction to have been, at the time of delivery, defective where such defect is solely attributable to defective workmanship, materials or manufacture provided that:

(i) the Company is immediately notified upon detection; and

(ii) no defect is caused by wilful damage, negligence, incorrect storage or application, incorrect use, movement, installation or assembly (except by the Company, its servants or its agents) or defects caused by fair wear and tear; and

(iii) if required by the Company the goods are returned to the Company within one month of the discovery of the defect. The warranty contained in this Condition is the ONLY express warranty given by the Company. All other conditions, representations, terms and warranties as to the fitness or quality of the goods supplied for any purpose, whether express or implied, whether statutory or otherwise and whether verbal or in writing are hereby excluded and negatived to the full extent permitted by law in each case.

8. Subject only to the provisions of Condition 7(iii) above, the Company hereby excludes to the full extent allowed by law all liability of any kind whatsoever to the purchaser or any other party for any loss, damage or loss sustained or incurred by the purchaser or any other party in consequence of or resulting by, directly or indirectly, the supply of, use of, or performance of any products or services for whatever reason whether arising out of any breach by the company of any contract incorporating these Conditions or negligent or wrongful acts by the Company or its servants or its agents in connection with its products and or its services, and limits any liability that it might nevertheless have to a maximum amount being the invoiced price of the products or services in question.

9. No goods may be returned to the Company without the Company’s prior written consent.

10. The Company reserves the right to declare void any warranty claim where the claimant does not extend to the Company a reasonable opportunity to fully inspect the product, application and circumstances of the product.

11. The Company will use its best endeavours to deliver at the time stated and all delivery dates shall be regarded at best as estimates only. The purchaser must accept the actual delivery date and the Company shall not be liable for any losses, costs, damages or expenses suffered by the purchaser or any other party as a result of any delay in delivery.

12. Unless otherwise agreed between Purchaser and Company, payment in full is due within 30 days after delivery. Failure to make due payments in respect of deliveries or instalments under this or any other contract with the Company shall entitle the Company to delay, suspend or cancel deliveries in whole or in part at its option.

13. For so long as any amounts remain owing to the Company, title to and property in the goods shall remain in the Company and shall not pass to the purchaser. All goods which remain the property of the Company will be held by the purchaser on behalf of the Company in a fiduciary capacity and shall be stored separately from all other goods. At any time after the due date for payment of any account owing from the purchaser to the Company and so long as such amounts have not been received by the Company in full, the Company at the purchaser’s expense shall be entitled to require the purchaser to return to the Company and shall have the right to enter the buyer’s premises or where the goods are stored and remove there from all goods which remain the property of the Company.

14. The Company will not be liable for breach of contract arising from or caused by,directly or indirectly, force majeure, war, strikes, riots and civil commotions and naturedisasters.

15. Any order that has been accepted by the Company may not be reduced or cancelled after acceptance without the agreement of the Company in writing.

16. No Refunds will be given unless approved by management.

17. Site Registration – We will provide a confirmation of account registration if you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

18. Ordering

(i) You may order from us directly via email or as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.

(ii) It is your responsibility to check the order details, including delivery address, product/service and pricing, before you complete your order on the Site.

(iii) We will provide you with order details, which may include contact numbers, anorder number, the shipping and billing addresses and a description of what wasordered, when you order and pay on the Site and your payment has been validated.

(iv) A binding agreement comes into existence between you and us once we havegiven you an order number. No changes to these Terms of Sales will be effectiveunless we both agree to the changes in writing.

(v) You agree to pay the purchase price specified on the Site or our tax invoices to you (Invoices), including any deposit required. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable) and delivery, unless otherwise set out on our Site or our Invoices.

(vi) We may require payment at the time that you place your order for the purchase of a product/service, or as set out in our Invoices, plus any applicable delivery charges based on the delivery options selected by you.(vii) You must pay for the product or services by one of the methods set out on the Site or in accordance with our Invoices. In the event that upfront payment is required, it will be processed upon receipt of your order. In the event that a deposit is required with payment to be made in arrears, payment is required by the date set out on our Invoices. If you do not pay our Invoices by the payment date, we may cease to provide the products/services to you until we receive payment. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

19. Artwork

(i) In the event that your order requires you to provide us with your design specifications for your product (Artwork), your Artwork is required to meet our file specifications as set out on our Site or notified to you.

(ii) We will not be liable for any errors in the Artwork you have submitted to us or anyerrors caused by the electronic transfer of such Artwork. We accept no responsibilityfor Artwork submitted to us which contains errors.

(iii) You are responsible for proofing and approving all products created by us for you using your Artwork.

(iv) An example draft product (Proof) will be sent to you in PDF via email or post for you to review and approve or request amendments. Our Proofs are imaged using calibrated press profiles. These profiles will reproduce your chosen colour when printed on our presses, however, some colour shift may occur due to your chosen stock and the addition of laminating or other special coatings.

(v) You are required to respond to our request for approval within 5 business days. If you require amendments to your Proofs, we will amend these as instructed and send to you for final approval once amended.

(vi) Upon approval from you, any subsequent errors in your products are not our responsibility.

(vii) Colour matching, we do not guarantee an exact match in colour or texture between your Artwork or any other materials supplied by you and the products we create for you. While we have quality control processes in place, you acknowledge and agree that there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes.

(viii) Trimming may vary by up to 2 mm from the Proof, specification, or print job to
print job

(ix) You acknowledge and agree that a variation of up to 10% in quantity is inherent in the print process. We do not accept liability regarding these variations, however, we may, in our sole discretion, reprint the shortage or provide you with a refund for the missing quantity

20. Availability

(i) All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services.

(ii) If certain products are out of stock or discontinued, we may from time to time substitute a product with another product of similar appearance, value and size. Where an item is substantially different, we will obtain your permission to substitute the item.

21. Cancellation: Once you have submitted an order on our Site, confirmed the details of your order and your payment is processed, you will not be permitted to cancel your order at any time and you remain bound by these Terms of Sales unless confirmation of a cancellation is acknowledged by the us.

22. Delivery

(i) Location: We deliver Australia wide. If you are not in our delivery area please contact us to discuss delivery options.

(ii) We offer free standard delivery in most cases. If free delivery does not apply, a delivery fee will discussed and confirmed, as set out on the Site.

(iii) Timing: We will normally dispatch the product within 7 business days from the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order

(iv) Change: If you need to change the delivery address, this can only be done prior to submitting an order by updating your account on our Site.

(v) Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card, so that you can collect your delivery from your local post office.

(vi) Title and Risk: Title in the products will not pass to you until the later of delivery, or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you once the product is delivered to the address you provide.

23. We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

24. Intellectual Property Rights: means all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).

(i) We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

(ii) You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as onsale to third parties

25. Dispute – Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Terms of Sale, the Parties agree to the following dispute resolution procedure:

(i) The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(ii) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

(iii) Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms of Sales, by law or in equity.

26. Consumer Law, Return, Refund and Exchange Policy

(i) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

(ii) Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”

(iii) Nothing in these Terms of Sales excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Terms of Sales. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

(iv) Warranties: Seller: Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Manufacturer: Products may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.

(v) Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, you must contact us within 7 days of receipt of your products/services and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.

(vi) Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Terms of Sales. Any refund we make will be by the same payment method used to purchase the product or service.

(vii) Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within 5 business days.

(viii) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made

27. Accuracy: While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

28. Amendment: These Terms of Sale may be amended from time to time; we will provide you with 14 days’ notice of the varied Terms of Sales. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. If you have reasonable grounds to believe that the varied Terms of Sales will be detrimental to your rights, you may terminate these Terms of Sales without penalty within 14 days of receiving notice of the varied Terms of Sales. We recommend that you check the current Terms of Sales before purchasing a product. Our agents, employees and third parties do not have authority to change these Terms of Sales.

29. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms of Sales. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms of Sales.

30. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

31. Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

32. Termination: We reserve the right to refuse supply of the products or services ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you.