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TERMS & CONDITIONS
1.
The "Customer" means the party placing an order for the purchase of goods or services from BizCards.
2.
An "Order" refers to an order for goods or services
ACTING IN RELIANCE
1.
The Customer warrants that the information provided by the Customer is true and correct. The Customer acknowledges that BizCards will act in reliance on this information.
APPLICATION OF TERMS AND CONDITIONS
1
These Terms and Conditions ("T&Cs") apply to each and every dealing between the parties BizCards and the Customer, and the Customer agrees to adhere to these Terms and Conditions and will that they prevail over any other verbal, implied or written conditions, whether verbal, implied or written to the extent permitted by law.
2
These T&Cs may be changed by BizCards from time to time and the then current version of the T&Cs shall be binding upon the Customer.
ORDERS
1
Orders are subject to acceptance in accordance with these T&Cs. Orders are subject to acceptance by BizCards in whole or in part at: BizCards, 4/123 Sugar Rd, Maroochydore QLD Australia.
CUSTOMER'S RESPONSIBILITY
1
It is the Customer's responsibility to ensure that the electronic files supplied comply with BizCards file specifications requirements and that the files supplied are correct and able to be printed as soon as they are supplied. Files supplied without 'bleed' will be printed as they are supplied under the assumption that this is the Customer's requirement. It is the Customer's responsibility to ensure that any materials supplied for printing do not breach relevant copyright legislation. BizCards accepts no responsibility for any copyright issues. No assumptions or judgements are made by BizCards in relation to the correctness or acceptability of any electronic files supplied to us. Electronic files are printed as they are supplied and there will be variations between finished printed products and the same file being printed on various proofing devices (ie. Inkjet printers and the like). Customers must also understand that our printing process will result in colour variations between orders and exact colour matching cannot and will not be provided by BizCards. Colour variations will occur from job to job and run to run. Please do not order from BizCards if you require an exact colour match or are uncertain with any aspect of your supplied electronic files. Under no circumstances will electronic files be kept by BizCards for future use by the Customer. Electronic files must be supplied with each and every order. It is also the Customer's responsibility to understand the nature of the various stocks that we print on and the impact of different finishing options will have on that stock (ie cracking). BizCards assumes that its Customers are fully aware of this impact before any orders are placed. BizCards accepts no responsibility whatsoever for any cracking caused by folding of brochures or the like. NO REFUNDS OR REPRINTS will be provided for any breaches of the Customer's responsibility contained within this clause.
2
The Customer must place a written order setting out full details of all of their requirements, in writing. BizCards will not be responsible for any mistakes that may be attributable to insufficient or lack of written details. The Customer will be required to pay for such goods ordered by mistake.
3
BizCards reserves the right to impose minimum order requirements at anytime which may be changed by BizCards from time to time.
4
No order may be cancelled except with the consent in writing from BizCards.
5
If the Customer purports to cancel any order, such conduct may be treated as a repudiation of the contract. The Customer shall pay BizCards all loss, damage, costs and expenses incurred or suffered by BizCards as a result of such conduct (Minimum $20 cancellation fee regardless of
circumstances will be incurred by Customer).
6
Orders shall not be varied unless the variation is in writing, signed by BizCards.
7
BizCards or the manufacturer of the goods ("the Manufacturer") may, without notice, change the range of goods and services or redesign or modify existing goods or services resulting in some goods becoming obsolete or unavailable and BizCards or the Manufacturer shall not be liable for any loss or damage suffered by the Customer or the Customer's customers as a result. The Customer undertakes to advise any person or company to whom it sells any goods of this condition.
SHIPMENT
1
All representations by BizCards as to the date and/or time for delivery are made in good faith, but are not guaranteed. All representations are made in good faith, in the light of conditions and circumstances that are known to BizCards at the time.
2
BizCards and its directors, officers, employees and associated companies shall not be liable for late deliveries or non-deliveries and under no circumstances shall BizCards be liable for any loss, or damage, including consequential loss or damage, or delay occasioned suffered by to the Customer or its Customers arising from late or non-delivery of goods or service, whether such loss or damage is due to negligence or wilful act, misconduct or default of BizCards or any third party and whether or not if the same occurs in the course of the performance by BizCards of any contract or in circumstances which are foreseeable by BizCards or in circumstances which would constitute a fundamental breach of any contract or a breach of any fundamental term hereof.
3
Goods will normally be shipped by the most convenient and economical method and route having regard to the nature of the goods. BizCards reserves the right to charge the Customer for delivery.
4
If BizCards was unable to deliver part of an order for any reason whatsoever, BizCards may deliver by instalments. Each instalment shall be regarded as a separate contract and any defect in, or failure to deliver an instalment shall not give the Customer the right to cancel the balance
of deliveries due under the order.
5
The Customer will upon receipt, inspect the goods and notify BizCards of any errors or shortages within three days after delivery, quoting delivery docket numbers and all other relevant details.
TITLE AND RISK
1
BizCards reserves all legal title and ownership in relation to the goods until all monies owed by the Customer to BizCards are fully paid.
2
Until the legal ownership of the goods has passed to the Customer, the Customer shall be a bailee of such goods in its possession but title for such goods remains with BizCards.
3
If the goods are resold, or products manufactured using the goods are sold by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture in a separate identifiable account as the beneficial property of BizCards and shall pay such amounts to BizCards upon request.
4
Notwithstanding the provisions above, BizCards shall be entitled to maintain an action against the Customer for the whole purchase price and any other loss suffered or incurred by BizCards.
5
The Customer shall have no claim against BizCards for any damages or other monies whatsoever if BizCards repossesses or attempts to repossess the goods. The rights of BizCards hereunder are in addition to any other claim or rights BizCards has under any other term hereof or under any other contract between the parties.
6
Risk in the goods supplied by BizCards shall pass to the Customer immediately on despatch by BizCards and the Customer shall keep the goods insured, safe and readily identifiable.