Trading Terms

Terms of Trade.

Bowden Printing Pty Ltd A.C.N 007 979 928
ABN 77 007 979 928
TERMS AND CONDITIONS OF SALE

1. (Definitions)In these terms and conditions, “the Seller” means Bowden Printing Pty Ltd ACN 007 979 928 and “the Buyer” means the person described as the customer in any quotation, order or contract. Any reference to a “person” includes a corporation. Any reference to “Goods” is to the Goods sold by the Seller to the Buyer. A reference to an “Order” is a reference to an Order placed by the Buyer with the Seller for the purchase of the Goods. A reference to a “Quotation” is to a Quotation made by the Seller setting out the quantities of the Goods and the price it will sell those Goods in those quantities to the Buyer.
2. (Entire Contract) These terms and conditions contain the complete agreement between the Seller and the Buyer. No change or modification of any of the terms or conditions contained herein will binding unless in writing signed by each of the parties.
3. (Limitation of Liability) The Seller makes no representations and gives no warranties express or implied in respect of the Goods except as contained in these Terms and Conditions. In particular, but without limiting the generality of the foregoing, the Seller does not warrant that the Goods are fit for any particular purpose, irrespective of whether or not any such purpose has been communicated to the Seller.
4. All implied terms including warranties in respect to the Goods under any legislation which the parties can by agreement exclude are hereby excluded. This does not exclude, restrict or modify any condition, warranty or liability in respect to the Goods which is implied by the Trade Practices Act 1974 (“the Act”) or any other applicable law and which the parties cannot be agreement exclude, restrict or modify. Subject to any implied warranties that cannot be excluded or limited, the buyer agrees that the Seller is and will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential loss) arising out of the sale of the Goods or their use and whether arising from any act, omission or failure (including any negligent act or omission) of the Seller.
5. If any terms cannot be excluded, the Seller’s liability is limited to the extent permitted by the Trade Practices Act. The Seller may at its sole discretion replace the Goods or supply equivalent Goods, repair the Goods or pay to the Buyer the cost of replacing the Goods or acquiring equivalent Goods or pay to the Buyer the cost of having the Goods repaired.
6. Any claim for breach of contract must be commenced by the Buyer within one (1) year from the date of delivery of the Goods. Unless otherwise specified, delivery of the Goods shall take place at the Seller’s warehouse where the Goods are stored.
7. If there is any warranty that the Goods are fit for a particular purpose then unless otherwise expressly stated in writing, that warranty is limited to one (1) month from the date of delivery of the Goods to the Buyer.
8. (Quotations) All prices quoted by the Seller are for immediate acceptance by the Buyer and shall automatically lapse if not accepted within thirty (30) days of the Quotation being made, are subject to ruling costs and awards in force at the date of Quotation and are subject to applicable paper stocks being available at the time of acceptance of the Quotation. Upon the acceptance of a Quotation by the Buyer, there is a binding contract between the Seller and the Buyer for the Goods the subject of the Quotation and these standard terms and conditions shall apply to that contract. Any acceptance can be made by email, facsimile or by post and shall be deemed communicated upon the sending of the email, the facsimile or on posting.
9. (Orders) If an Order is placed by the Buyer on the Seller for the Goods and that Order is accepted by the Seller, there is a binding contract between the Seller and the Buyer for the Goods the subject of the Order and these standard terms and conditions shall apply to that contract. The applicable price shall be the price contained in any current price list then published by the Seller for those Goods. If there is no current price list for those Goods, the price shall be the price nominated by the Seller in its acceptance of the Order. Any acceptance can be made by email, facsimile or by post and shall be deemed communicated upon the sending of the email, the facsimile or on posting.
10. (Price and payment) The Buyer must pay for the Goods in accordance with the terms for payment set forth in the Seller’s tax invoice and within the time specified therein for payment (the due date). Unless otherwise specified in the Tax Invoice, all Goods must be paid for within thirty (30) days of delivery. If the Goods are not paid for by the due date, the Seller may suspend all other deliveries and the printing of all other Goods until such payment is made. The Seller may also change the terms of payment in respect to all other deliveries of Goods including requiring payment before delivery. Credit card payments will incur an administration fee.
11. (Interest) The Seller may charge interest on all amounts not paid by the Buyer in accordance with the Seller’s tax invoice. Interest will be calculated daily from the due date for payment until the date payment is received at the rate of 1% per month.
12. (Lien) Until the Goods are paid for, the Seller shall have a lien over all of the Buyer’s property then in the possession of the Seller including the Seller’s artwork and print materials.
13. (Property in Goods) The Buyer acknowledges that title in the Goods delivered by the Seller to the Buyer does not and will not pass to the Buyer until the Seller has received full payment for those Goods. Notwithstanding that title in the Goods has not passed to the Seller, risk of any damage to or destruction of the Goods passes to the Buyer upon delivery of the Goods to the Buyer or the Buyer’s courier. The Buyer undertakes to keep the Goods clearly identified as the property of the Seller and separate from any other goods until they are paid for. The Buyer may deal, sell or trade with the Goods in the normal course of its business provided the Buyer continues to comply with these terms and conditions.
14. If the Buyer fails to pay the Seller for the Goods by the due date then in addition to all other remedies which the Seller may have, the Seller may take possession of the Goods and for that purpose, the Seller and its representatives are irrevocably authorised by the Buyer to enter upon any premises where the Goods may be stored or located to take possession of them and remove them from such premises. The Buyer indemnifies the Seller against any loss or damage it might directly or indirectly sustain as a consequence of taking possession of the Goods.
15. The Buyer acknowledges that it has no interest or title in any letterpress hot metal or in any digital data or electronically stored information prepared by the Seller in respect to the Goods, all of which shall remain the exclusive property of the Seller.
16. (Carriage and Transportation) The price of the Goods includes all costs of usual packaging, carriage and transportation of the Goods from the Seller’s warehouse to the Buyer’s nominated place of delivery in Adelaide. If delivery is required outside of Adelaide then the Buyer must bear all costs of such carriage and transportation of the Goods. If the Buyer requires any particular packaging to be used, the Buyer must bear the costs of such packaging.
17. (Urgent delivery) If urgent delivery of the Goods is required, the Buyer must bear all the costs involved in facilitating the urgent delivery, including (without limitation) all courier and transportation costs and all overtime costs (if any) incurred by the Seller in printing and or providing the Goods.
18. (Delay) Whilst the Seller will use its best endeavours to deliver the Goods by any particular date or time in the Quotation or Order, the Seller is not and will not be liable to pay any compensation or damages to the Buyer or any other person caused by any delay in printing the Goods or delivering the Goods by any particular date or time stated in the Quotation or Order. The Buyer may not cancel this contract because of any delay in delivery of the Goods if the Goods are delivered within twenty-eight (28) days of the time for delivery stated in the Quotation or Order or where the delay in delivery is caused by any circumstances that is beyond the reasonable control of the Seller.
19. (Claims for Defects) The Seller shall be deemed to have inspected the Goods and satisfied itself as to their type, quality, quantity, merchantability and fitness for purpose and all claims for defects in quality, fitness for purpose or merchantability or shortages shall be deemed waived by the Buyer unless notified to the Seller in writing within seven (7) days from the date of Delivery.
20. (Taxes and Charges) The Buyer must pay to the Seller when it pays for the Goods and by the due date all Goods and Services Tax (“GST”) on the Goods as shown on the Seller’s tax invoice.
21. (Cancellation of uncompleted orders) If the Buyer fails to make any payment by the due date the Seller may, irrespective of any other rights or remedies which the Seller may have, suspend delivery on any uncompleted orders from the Buyer and unilaterally cancel any obligation of the Seller to later perform any unperformed obligations under any contract with the Buyer. The Buyer expressly waives any right or cause of action against the Seller in contract, tort or otherwise for any special, direct or indirect or consequential damages incurred as a result of the cancellation by the Seller of its further obligations under this clause. Refusal to deliver in accordance with this clause will not be considered a breach of any contract by the Seller.
22. (Conflicts with the Buyer’s Terms and Conditions of Sale) If the Buyer has any special terms and conditions in its purchase orders issued by the Buyer, those special terms and conditions will be subordinate to these terms and conditions and to the extent of any inconsistency be deemed waived by the Buyer and shall not in any circumstances be construed as terms of the contract for the sale of the Goods. Acceptance of delivery of the goods by the Buyer will constitute acknowledgement by the Buyer that the terms and conditions contained herein prevail over any other terms and conditions in the Buyer’s purchase order to the extent that they are inconsistent with these terms and conditions.
23. (Proofs) One proof copy will be provided upon request in respect of each Order. Any additional proofs, proofs in colour, machine proofs or proofs on other than standard proofing paper will be charged separately to the Buyer. Any addition or alteration to the copy, illustration or layout required by the Buyer at the time proofs, artwork or copy artwork is submitted will be separately charged as author’s corrections.
24. All proofs must be returned marked “okay to print” or “okay to print with alterations as marked” before the print work will be completed. The Seller will not accept any responsibility for errors in proofs approved by the Buyer. It is the Buyer’s responsibility to ensure that all artwork and materials required by the Seller to print the Goods are suitable.
25. (Unacceptable Material) The Seller shall not be obliged to print the Goods if the artwork or the wording contains any material which is defamatory, misleading, pornographic or capable of being construed as a breach of any law of Australia if printed or published. In these circumstances, the Seller may forthwith terminate this contract.
26. (Governing Law) The contract formed by acceptance of these terms and conditions of sale will be governed in accordance with the laws of the State of South Australia and the Commonwealth of Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of South Australia or the Commonwealth of Australia as the case may be.
27. (Notices) Any notice under this Agreement must be: In writing and delivered to the party to whom it is addressed at the address of that party set out in this agreement or at such other address as may be notified by that party in writing from time to time; may be served personally on the party to whom it is addressed or may be delivered by post or by facsimile transmission to that person.