1. General Information
1.1 Please read the following information carefully as it contains terms and conditions that are part of your Agreement of Sale (Agreement) with FIX PRINT PTY LTD ACN 142 528 738 (“FIX PRINT”) in the event that you proceed with a purchase of goods and services provided by FIX PRINT.
1.2 This Agreement is governed by the terms and conditions set out herein and by signing this document you will be deemed to have accepted these terms and conditions.
2. Payment of FIX PRINT’S Account
2.1 Unless otherwise agreed in writing, payment for all invoiced fees and costs in respect to the provision of goods and services is to be paid by the Client within 7 days of receipt of the invoice or within 10 days of the invoice date from FIX PRINT. In the event that payment is received outside of these terms and that FIX PRINT has to re-issue an invoice to the Client, then FIX PRINT reserves its right to impose a 2.5% administration fee based on the amount owed by the Client.
2.2 All GST and all other government charges are included in the total sum owing stated on the invoice.
2.3 Payment for all Invoices must be made by Direct Money Transfer to the nominated account provided to the Client by FIX PRINT.
2.4 No goods shall be dispatched without full payment for the cost of purchase and (postage and handling) delivery charges being received in advance.
3.1 FIX PRINT will not be liable for any losses or damage to goods which occur in transit where the carrier is independent of FIX PRINT.
3.2 Where goods are delivered to the Client’s address, the goods will be entirely at the Client’s risk when delivered and if the premises are unattended a delivery docket signed by the driver of the transporter will be conclusive evidence of the due delivery of the goods.
3.3 FIX PRINT will not be responsible for any losses or damages caused to the Client’s property or the property of any third party as a result of the entry upon any property at the request of the Client by any of FIX PRINT’s employees, servants or agents. The Client will indemnify FIX PRINT from any claim resulting from such loss or damage from a third party.
3.4 FIX PRINT will use reasonable endeavours to supply the goods ordered within the time frame specified or within a reasonable period. However, FIX PRINT will not be liable for any failure to deliver or for delay in delivery of products occasioned by any cause whatsoever or not beyond the control of FIX PRINT.
4.1 Please choose your products carefully as FIX PRINT will not refund for change of mind.
4.2 Take care in ensuring your order is accurate. Should you need to exchange your goods all freight and insurance charges are your responsibility.
4.3 In the event that incorrect goods are delivered, FIX PRINT shall have no responsibility to replace same in the event that the goods are removed from their packaging. Further, usage of any goods in any way, as determined at the discretion and the sole opinion of an appropriate FIX PRINT employee shall void any claims that incorrect goods have been delivered.
5.1 If there is a breach of any of the terms and conditions of this Agreement then:
5.1.1 All monies payable by the Client to FIX PRINT will at FIX PRINT’s election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired;
5.1.2 FIX PRINT may withhold the delivery of goods already ordered;
5.1.3 FIX PRINT may charge interest on the overdue amount at rates of 15% per month calculated on the amount overdue until payment in full; and
5.1.4 FIX PRINT may charge to the Client all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of FIX PRINT to recover payment of any monies owning by the Client to FIX PRINT or to secure any indebtedness or liability by the Client to FIX PRINT notwithstanding that no demand has been made by FIX PRINT for payment by the Client.
6.1 Except as provided in this Agreement:
6.1.1 All express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods and services for any purpose are hereby expressly excluded, and
6.1.2 FIX PRINT will not be liable for any loss, damage or injury of any kind to the Client or any other person or company arising from or in connection with the supply by FIX PRINT of goods and services to the Client or the exercise of any of FIX PRINT powers in this Agreement, any guarantee or security or any credit Agreement including, but without limiting the generality of the foregoing, direct, indirectly and consequential losses and losses arsing from loss of production or profit and the Client agrees to indemnify FIX PRINT for any loss to a third person.
7.1 The Client has 7 days from the date of delivery of the goods within which to provide to FIX PRINT written notice of any alleged claim for failure to comply with the order, whether due to shortfall, defect, incorrect delivery or otherwise. Should the Client fail to provide such notice within the stipulated time period, FIX PRINT will be deemed to have complied with the Client’s order in all respects including delivery, quantity and quality.
8. Laws to Govern
8.1 Unless varied by notice by FIX PRINT this Agreement and all matters arising from the relationship of FIX PRINT and the Client will be interpreted and governed in accordance with the laws of the State of Queensland notwithstanding that the goods and services may be delivered outside the state of Queensland. The Client submits to the exclusive jurisdiction of the Brisbane Magistrate’s Court or such other capital city in any other state that FIX PRINT may notify the Client of.
9.1 The person who signs the below, has accepted the above terms and conditions and is an authorised person to act on behalf of the Client.