TERMS AND CONDITIONS OF SALE
MMB Print Management Pty Ltd (ABN 32 002 848 295)
These terms and conditions of supply apply to customers (Customer) of MMB Print Management Pty Ltd Chatswood Sydney. By placing an order with MMB Print Management, either via the Website, or by other means, the Customer is deemed to have accepted these terms and conditions and that these terms and conditions (together with the terms and conditions in the quotation) override any other terms and conditions. "Goods" means any and all goods ordered by the Customer from MMB Print Management. "Website" means www.MMBPrint.com.au or such other website operated by MMB Print Management.
1. Quotations and Orders
1.1 Quotations are based on the cost of materials available at the time of quotation and MMB Print Management has the right to make any necessary adjustments and correct any errors.
1.2 Quotations are based on the Customer supplying specified material (including acceptance or amendment of proofs) to MMB Print Management on time. MMB Print Management reserves the right to make an additional charge for inadequate material supplied to MMB Print Management, material supplied late or any corrections including colour and file corrections requested by the Customer.
1.3 Where a quantity of items is to be printed, the order/quotation is conditional upon a 5% variation being allowed.
1.4 Any order by the Customer is subject to MMB Print Management's acceptance and MMB Print Management may decline an order. MMB Print Management reserves the right to supply an order in full or only in part. All orders made by the Customer must be made in a manner approved by MMB Print Management and are able to be cancelled only with the agreement of MMB Print Management. If MMB Print Management agrees to the cancellation of an order, MMB Print Management will issue an invoice to the Customer for all costs of any work completed prior to the cancellation.
1.5 Orders made via the Website can only be made by a Customer who has an approved username and password provided by MMB Print Management.
1.6 The Customer is responsible for maintaining the security and confidentiality of the username and password provided by MMB Print Management for the purpose of online ordering. The Customer is also responsible for all activities associated with its username and password whether performed by the Customer or another person accessing the Customer's account (including without limitation payment for Goods ordered via the Website).
1.7 The Customer must immediately notify MMB Print Management of any unauthorised use of their account.
2. Variations
If the Customer varies the order after receipt of an invoice, quotation or order placement, MMB Print Management reserves the right to vary the price and present an additional invoice for any extra amount caused by the variation.
3. Payment
3.1 All payments are cash on delivery, unless otherwise agreed in writing.
3.2 Payment will not be deemed to be made until MMB Print Management is in receipt of the full purchase price (including any amount for GST, any amounts caused by a variation to the order and costs of delivery, freight and insurance) in cleared funds.
3.3 The Customer must not off set any amount owed to the Customer by MMB Print Management against any amount owed by the Customer to MMB Print Management.
3.4 Subject to approval and/or minimum monthly purchases, if the Customer wishes to make payment on a credit basis, the Customer must complete a credit authorisation form, including an authority for MMB Print Management to seek credit information concerning the Customer. Terms and conditions of credit-based payment by the Customer are subject to change by notice in writing by MMB Print Management. If a credit account is approved payment must be made by the Customer within 30 days of the date of the invoice or within 30 days of the first delivery of the Goods to the Customer whichever is the earlier.
3.5 If payment in full is not made in accordance with these terms and conditions, the following will apply:
(a) Interest of 15% per annum, calculated daily, will be charged on all amounts unpaid from the due date until payment is made;
(b) All deliveries that have not been made, including deliveries of Goods ordered separately from the Goods to which the unpaid amount relates, will be suspended until the full amount payable, including GST and interest, is paid in full;
(c) MMB Print Management may terminate any contracts in relation to any undelivered Goods, or impose additional conditions of payment before delivery in relation to those undelivered Goods;
(d) Any credit arrangements may be terminated;
(e) MMB Print Management may repossess any Goods that have been delivered, without further notice to the Customer and at the Customer's cost; and
(f) Legal proceedings may be instituted for the recovery of the Goods or the unpaid amount and the costs of such recovery.
3.6 The Customer grants to MMB Print Management an irrevocable licence to enter the Customer's premises (or the premises of any associated companies or agents where the Goods are stored) to repossess any Goods in accordance with this clause 3 without being liable for trespass or any resulting damage.
3.7 In the event of any dispute of any of the costs or charges by MMB Print Management, the Customer must make full payment of the invoice price.
4. Delivery
4.1 Due dates for production or delivery and delivery dates are estimates only. The Customer is not relieved from liability to accept or pay for the Goods by reason only of any delay in delivery.
5. Intellectual Property Rights
5.1 The Customer acknowledges that all intellectual property rights associated with the Website and all copyright in any works, including artistic works, made or created by MMB Print Management remains the property of MMB Print Management.
6. Title of Goods
6.1 Title to the Goods does not pass from MMB Print Management to the Customer until payment in full for the Goods and all monies owing by the Customer to MMB Print Management on any account whatsoever has been made in accordance with these terms and conditions.
6.2 The Customer is responsible for the Goods until title passes to the Customer or the Goods are repossessed and the Customer may be liable to MMB Print Management for any loss or damage to the Goods.
7. Disposal of Goods
7.1 If payment for the Goods is not made in full, and either MMB Print Management reclaims the Goods, or the Goods remain undelivered, MMB Print Management may sell the Goods to a third party. The Customer remains liable for any difference between the amount received by MMB Print Management the third party and the amount unpaid by the Customer.
7.2 The Customer grants to MMB Print Management on the date of the order an irrevocable non-exclusive licence to sell any Goods bearing any name, business name, logo or trade mark or any other like right and to sell any Goods that are subject to any intellectual property right, including copyright.
8. Customer Supplies
8.1 The Customer must ensure that it retains a copy of an original of all artwork, film, electronic copy or any other material either supplied to MMB Print Management or supplied by MMB Print Management (Original Work).
8.2 Production material produced by MMB Print Management remains the property at all times of MMB Print Management and unless otherwise agreed, MMB Print Management is obliged to retain such material.
8.3 If requested by the Customer, MMB Print Management will store the Original Work for up to 3 months on the basis that MMB Print Management bears no liability for damage or loss to the Original Work and MMB Print Management may dispose the Original Work if the Customer has not collected it within the 3 month period.
8.4 Should MMB Print Management be required to access Original Work stored by MMB Print Management, the Customer agrees to pay any charges invoiced by MMB Print Management.
9. Production Process
9.1 Proofs or press sheets will not be supplied to the Customer unless specified in the quotation. MMB Print Management is not responsible for production errors if:
(a) proofs are not requested by the Customer;
(b) the work is printed with the Customer's approval; or
(c) changes are communicated orally.
9.2 Where proofs are supplied to the Customer, MMB Print Management will assume the proofs are satisfactory with no production errors unless the Customer returns amended proofs within 24 hours (or such shorter period as notified by MMB Print Management).
9.3 Where the Customer requests a press sheet, the Customer may be present during the printing process. Any lost press time (including for additional alterations made by the Customer) must be paid for by the Customer.
9.4 The Customer acknowledges that differences in paper, equipment and ink, may cause a variation in colour and such variation will not derogate from the order being acceptable and completed.
10. Warranties
The Customer warrants to MMB Print Management that the material supplied to MMB Print Management:
10.1 does not infringe the rights of any person, including any intellectual property rights;
10.2 is not defamatory or libellous;
10.3 is not offensive; and
10.4 is not contrary to law.
11. Claims
11.1 Any claim by a Customer for under quantity, delivery of damaged Goods or non-delivery must be made within 14 days of receipt of the Goods by the Customer. The Customer must supply the order number, invoice number and receipt number (if applicable) and all details relating to the claim. If the claim is for damaged goods, the Goods must also be supplied to MMB Print Management.
11.2 Liability for any claim against MMB Print Management is limited, at MMB Print Management's sole option, to:
(a) Re-supplying the Goods;
(b) Providing payment for the cost of re-supplying the Goods; or
(c) Repairing the Goods.
12. Liabilities
12.1 MMB Print Management is not liable to the Customer or any third party for any loss, damage or cost (including legal costs) except as provided in condition 11.2, whether direct, indirect or consequential, arising from:
(a) the printing or delivery of any of the Goods;
(b) any failure to print or deliver any of the Goods;
(c) late completion of the order or late delivery; or
(d) the repossession or sale of any of the Goods.
12.2 For representations or warranties which cannot by law be excluded, MMB Print Management's liability is limited as provided in condition 11.2.
13. Indemnity and Releases
13.1 The Customer indemnifies MMB Print Management and continues to indemnify MMB Print Management from and against all costs, suits, actions, damages and losses (whether direct or indirect, consequential or not) arising out of any of the:
(a) the printing or delivery of any of the Goods;
(b) any failure to print or deliver any of the Goods;
(c) late completion of the order or late delivery;
(d) the repossession or sale of any of the Goods; or
(e) the use of the Customer's username and password whether performed by the Customer or another person accessing the Customer's account on the Website.
13.2 The Customer releases MMB Print Management and continues to release MMB Print Management from and against all costs, suits, actions, damages and losses (whether direct or indirect, consequential or not) arising out of any of:
(a) the printing or delivery of any of the Goods;
(b) any failure to print or deliver any of the Goods;
(c) late completion of the order or late delivery;
(d) the repossession or sale of any of the Goods; or
(e) the use of the Customer's username and password whether performed by the Customer or another person accessing the Customer's account on the Website.
14. General
14.1 Each clause in these terms and conditions must be read down to the extent necessary to be valid. If a clause cannot be read down to that extent, it must be severed.
14.2 Any waiver of any clause of these terms and conditions is only valid if made in writing and signed by the relevant party.
14.3 Any variation of these terms and conditions must be in writing and signed by both MMB Print Management and the Customer.
15. Privacy
15.1 In order to register as an authorised user of the Website, MMB Print Management will collect personal information from the Customer. MMB Print Management uses this personal information in accordance with the Privacy Act 1988 (Cth).
15.2 The personal information you have disclosed in your application for credit with MMB Print Management will only be disclosed to the credit referees nominated by you and to our credit rating agency. For further information regarding the privacy of your application please contact the Accounts Officer.
16. Disclaimer
16.1 The Customer acknowledges that the information contained on the Website is provided by MMB Print Management in good faith and is not to be relied upon as being complete, accurate, or up too date. The information contained on the Website is subject to change by MMB Print Management at any time without notice.
16.2 Subject to any terms implied by law which can not be excluded, MMB Print Management accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by the Customer as a result of any error, omission or representation in any information contained on the Website.
17. Links and Advertising
17.1 MMB Print Management is not responsible for the content or the accuracy of any information of any site accessed from the Website (including without limitation sites linked through advertisements or through any search engine). The content of any site accessed from the Website is the responsibility of the owner of that site. For the avoidance of doubt, unless otherwise specified, a link from the Website to another site should not be construed as an endorsement by MMB Print Management of that site or any of its products and services offered.
17.2 MMB Print Management does not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information contained on such sites.
18. Cookies
During the Customer's use of the Website, MMB Print Management may issue to and request from the Customer's computer blocks of data known as "cookies". By using the Website the Customer authorises MMB Print Management to issue such cookies to your computer. The Customer will not alter any cookies sent to their computer from the Website and the Customer ensures that its computer sends correct and accurate cookies in response to any relevant request from the Website.
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