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Terms and Conditions
1.1 Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between Bannershop International Pty Ltd (BSAUS) and the customer, which may be updated by BSAUS from time to time without notice to the customer.
In these Terms and Conditions:
Business Day refers to a day on which banks are open for general banking in the State or Territory in which the production premises are located;
BSAUS refers to Bannershop International Pty Ltd ABN 94 135 991 589 including its servants and agents;
Customer refers to person, persons’ firm, corporation, or statutory organization to which the correspondence is addressed;
Estimate refers to the approximation underlined in sub clause 2.1 (b) (as amended in accordance with clause 2.4);
Goods refer to the final products produced by BSAUS and the printer at the completion of the order;
GST refers to a New Tax System (Goods and Services Tax) Act, 1999;
Interest Rate refers to the total of two per cent (2%) and the rate Commonwealth Bank of Australia levies from time to time on Overdraft Accounts exceeding One Hundred Thousand Dollars
Order refers to the work required to be done in order to fulfill the customer’s instructions;
Quote refers to ‘Quote’ described in clause 2.1;
Cut-off time refers to the time of daily confirmation gateway; confirmation after the cut off time is processed the following business day accordingly;
AEST means Australian Eastern Standard Time;
Schedule refers to the time frame required before and after payment confirmation until the goods are ready for pickup and/or delivery;
WOW refers to BSAUS e-commerce system;
In these Terms and Conditions, unless the context otherwise requires:
(a) A reference to a clause is a direct reference to a section in these Terms and Conditions unless specified;
(b) A reference to a party or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(c) Where an expression is defined, another part of speech or grammatical form of the expression has corresponding meaning;
(d) A reference to a period of time (including without limitation, a year, a quarter, a month and a day) is to a calendar period;
In these Terms and Conditions the headings are for convenient references only and do not influence any interpretation.
1.4 Business Day
If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:
(a) If it involves a payment other than a payment which is due on demand, must be done on the preceding business day; and
(b) In all other cases, may be done on the next business day.
1.5 Daily Cut-off times
If the customer cannot fulfill requirements prior to the cut off times, the order will be treated as next business day’s order:
(a) Order confirmation time (including artwork submission) – 14:00 (AEST)
(b) Artwork confirmation time – 16:00 (AEST)
(c) Payment confirmation time – 16:00 (AEST)
(d) WOW online order confirmation time (including order, artwork and payment submit) – 15:00 (AEST)
All confirmations including quotation, order and artwork confirmations must be submitted in writing (e-mail or fax); BSAUS will not accept any verbal confirmations.
(a) A schedule including production days, target dispatch date and target arrival date is included in the quotation or in shopping cart of WOW. This is only an indication of our targeted schedule, not to be used as BSAUS’s guarantee or promised turnaround time or schedule
(b) Our standard turnaround time is between 3-7 business days from payment confirmation date until the goods are ready for pick up and/or dispatch, depending on the product or service required. Turnaround time may vary depending on the quantity and size of the order and/or number of artworks supplied
1.7 Standard Fees
Standard charges include artwork handling fee, handling/packing fee and Amex fee. These charges will be clearly shown in the quotation/proforma invoice/tax invoice.
1.8 Promo Code
If customer wishes to be entitled to BSAUS’s promotions and specials, customer has to quote the Promo Code prior to placing the order. BSAUS protects the right to offer promotional offers or specials if promo code is provided after artwork has been confirmed.
2. QUOTES/ PROFORMA INVOICES/ TAX INVOICES
(a) BSAUS to supply quotes The BSAUS may, if requested by the customer, give the customer a quote specifying: (i) The work required to be done in order to fulfill the customer’s instructions; and (ii) An estimate of the charge for the performance of such work. (b) Acceptance by customer Where BSAUS has given the customer a quote: (i) BSAUS will not commence work until the quote has been accepted by the customer (ii) The customer may accept the quote by instructing in writing to commence work (iii) Acceptance by the customer of the quote will constitute acceptance by the customer of these Terms and Conditions (c) Quote evidence of instructions If a written quote is accepted by the customer, the work that is subject of the quote shall be carried out and the customer shall pay for the work in accordance within the Terms and Conditions. (d) Validation of Quote All quotations will be valid for a maximum of 15 business days. Only BSAUS formal written quote will be accepted as the quotation price.
2.2 Proforma Invoices
(a) BSAUS to supply Proforma Invoice After quotation has been confirmed, BSAUS will provide customer with a proforma invoice specifying: (i) Customer has confirmed the quotation supplied by BSAUS; (ii) The work required to be done in order to fulfill the customer’s instructions; and (iii) An estimate of the charge for the performance of such work (b) Acceptance by customer Where BSAUS has provided a proforma invoice to the customer: (i) BSAUS will commence work after artwork and payment confirmation (c) BSAUS may revise Estimate BSAUS may amend the Estimate before the order has been completed to take into account any rise or fall in the cost of performing the order and BSAUS shall notify the customer of such amendments, as soon as practicable thereafter. Upon BSAUS giving the customer notification of such amendments, the estimate shall be deemed to be the estimate for the purposes of these Terms and Conditions. (d) Validation of Proforma invoice All proforma invoices will be valid for a maximum of 15 business days. Only a BSAUS formal written proforma invoice will be accepted as the order price. (e) Amendment (i) All amendments must be requested via email or fax, BSAUS will not accept any amendments verbally. (ii) Additional business days may apply for amendments after daily cut-off times described in clause 1.6.
2.3 Tax Invoices
(a) BSAUS to supply tax invoice After artwork and payment confirmation, BSAUS will provide a tax invoice specifying: (i) Customer has confirmed the artwork proof supplied by BSAUS; (ii) The work required to be done in order to fulfill the customer’s instructions; and (iii) A final charge for the performance of such work (b) Paid invoice BSAUS can provide paid tax invoice
2.4 BSAUS may revise Estimate
BSAUS may amend the Estimate before the order has been completed to take into account any rise or fall in the cost of performing the order and BSAUS shall notify the customer of such amendments, as soon as possible. Once BSAUS has provided notice to customer of such amendment/s, the approximation shall be deemed as the estimate for the purposes of these Terms and Conditions.
2.5 Errors and omissions
It is the customer’s responsibility to ensure that the details on the quotes/ proforma invoices/ tax invoices are correct; BSAUS will not take any responsibility for whichever inaccuracy in the order.
Subject to clause 5.3 when the artwork has been confirmed, BSAUS will issue an invoice for the amount of the estimate or, if no estimate was made, for an amount representing BSAUS’s charge for the work done in filling the order, and for any of the other charges specified in clause 3.2
3.2 Additional Charges
In addition to the amount of the estimate, or where no estimate was given, in addition to the amount representing BSAUS’s charge of work done, BSAUS may charge to the customer; minimum (or above) $50+GST (BSAUS standard administration fee): (a) Fees for any preliminary work performed at the customer’s request; (b) Fees for additional work required to be done as a result of the customer changing instructions; (c) Fees for having to work with low resolution artwork; (d) Fees for work which involves tables or foreign language without any notification prior to the preparation of the quotation; (e) Fees for additional work required to be done as a result of customer’s corrections; (f) Fees and other charges for work required to be done urgently, including any overtime costs; (g) Fees for handling or storing material or equipment supplied by the customer for the purpose of the order; (h) Fees for changing or correcting, in order to ensure that the goods are properly produced, any artwork or document including computer files supplied for the purposes of the order by the customer. (i) Freight costs and charges; (j) Fees for awaiting/redirection/redelivery; (k) Other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.
3.3 For the purpose of these Terms and Conditions:
(a) The term “BSAUS’s charge” refers in each case to the standard or usual fee charged by BSAUS from time to time in respect of order; (b) “Preliminary work” means all administrative work performed by BSAUS at customers request, the performance of work which is required to commence the order within reasonable examination by BSAUS prior to the provision of the estimate (c) “Additional work” includes all work undertaken by BSAUS as a consequence of customer requested variation, alteration or modification in relation to the order; and (d) “Freight cost and charge” includes all costs and expenses incurred by BSAUS to dispatch the goods from its premises for delivery to the customer. (e) “BSAUS Standard Administration fee” covers ANY additional administrative work required to be performed by BSAUS after a job has been approved for production work including approval for graphic design.
BSAUS shall notify the customer when the goods are ready for collection.
4.2 Pickup/ Delivery
The customer must collect the goods from BSAUS’s premises upon being notified that the goods are ready for collection. If BSAUS agrees to deliver the goods, the customer shall bear all freight costs and charges of such delivery. (a) Pick up (i) Customers pick up – Customers are required to sign upon pick up by accepting the quality and quantity of the goods. The job/invoice number and company name must be quoted to protect the goods and eliminate any errors. (ii) Pick up via courier (organized by customer) (a) Job/invoice number and company name must be provided at the time of pickup. Failure to do so may delay the pickup process by up to 30 minutes. (b) BSAUS will not be liable to complete any forms/documents requested by the courier, it is the customer’s responsibility to provide corresponding form/documents to BSAUS, one business day before pickup date. (c) BSAUS will not be responsible for extra delivery cost and/or delay due to lack of information provided by the driver during pick up. (d) BSAUS will accept no responsibility for works not collected within 14 days of notification of availability for collection. (b) Delivery (i) Customer must ensure someone is available to receive the goods between 9am - 5pm of the target delivery date on the tax invoice. If unattended, extra fee will apply for any re-delivery/re-direction/awaiting fee. If additional delivery takes place such as re-direction, the customer must bear all extra costs. (ii) The target date on the invoice is only an estimated delivery date of the goods. BSAUS will not be responsible for any amendments caused by the courier company or effected in transit.
Subject to clause 7.1 the customer may only reject the goods if they do not comply with the instructions. If the customer wishes to reject the goods, the customer must notify BSAUS of the rejection in writing and return the goods only after official consent.
(a) The risk for the goods passes to the customer: (i) If BSAUS agrees to delivers the goods to the customer’s premises – at the time of departure from BSAUS premises; (ii) Otherwise – at the time BSAUS notifies the customer, that the goods are ready for collection If the customer is entitled to reject the goods in accordance with these Terms and Conditions, risk reverts to BSAUS at the time the customer notifies the BSAUS, that the goods are rejected.
5.1 Types of Payments Terms
BSAUS offers three types of payments: (a) Prepaid - The order will not be processed until the customer pays the total amount stated on the invoice; (b) 30 Days Account (customer must meet BSAUS’s requirements) - The customer must make full payment within 30 days from the date of receipt stated on the invoice; (c) If the invoice specifies a different payment period then the customer shall pay the amount stated on the invoice by the target date.
5.2 Payment method
BSAUS accepts credit cards, direct debit (EFT) or Cheque: (a) Payment via credit card – BSAUS accepts Master or Visa card with no surcharge and American Express with 3% surcharge (automatically applied on the invoice). Credit card details including card number, expiry and card holder’s signature can be forwarded via fax to: • Sydney (+61 2 9518 1092) • Melbourne (+61 3 9922 6666) Credit card details via email to: • Sydney (
) • Melbourne (
) (b) Payment via direct debit (EFT) – BSAUS requests customers to email or fax bank transfer acknowledgement with a receipt number. Via fax Sydney (+61 2 9518 1092), Melbourne (+61 3 9922 6666) or email Sydney (
), Melbourne (
). A reseller account holder is NOT equivalent to a credit account holder. (c) Payment via Cheque (not recommended) – BSAUS will only process the order after the Cheque has been cleared. This will delay the production of customer’s order. Payment terms have been indicated where “Account Terms” are specified on the proforma/tax invoice. If it specifies “Prepaid” then full payment must be made. If it specifies “30 Days Account” then BSAUS will process the order to production directly, if the account total outstanding does not exceed the credit limit of customer account. In a case of account total outstanding exceeds customer’s credit limit, BSAUS will either contact customer to request payment or BSAUS’s finance department will approve the job to supply on credit as an exception.
There may be price differences between proforma invoice and tax invoice due to last minute amendments requested by the customer, BSAUS will treat the charges on the tax invoice as final invoice amount.
5.4 Payment Delay
(a) If the customer cannot fulfill the payment timeframe on the invoice, then: (i) The goods may not be allowed for pickup/dispatch; or (ii) The schedule may be amended by BSAUS and/or additional charges may apply; or (iii) The customers BSAUS account may be suspended (b) An updated production schedule will be emailed to customer once the payment has been confirmed (c) BSAUS will not be responsible for any delays if the payment details have not be provided or forwarded to the required personnel’s stated in clause 5.2
BSAUS may charge interest, at the interest rate on amounts not paid within the time specified in clause 5.1
5.6 Advance and progress payments
(a) BSAUS orders are predominantly prepaid and require paying in full prior to production. Except for credit account customers which require an application for entitlement (b) BSAUS may issue one or more invoices for amendments to be paid in advance of any further work being done (c) If the order is suspended for more than 30 days at the request of the customer, or as a result of something for which the customer is responsible for, BSAUS may issue an invoice for an amount to be specified by BSAUS for the work already done and for other costs incurred by BSAUS
6.1 Retention of Ownership
Until the customer has paid all sums outstanding in relation to the goods: (a) Title of the goods shall not be passed on to the customer (b) If the goods are in the customer’s possession, the customer shall hold the goods as trustee for BSAUS and must store the goods so that they are clearly identifiable as the property of BSAUS. (c) BSAUS may call for and recover possession of the goods (for which purpose BSAUS’s employees or agents may enter the customer’s premises and take possession of the goods, without liability to the customer) and the customer must deliver the goods to BSAUS, if so directed by BSAUS. (d) The customer may, in the ordinary course of the customer’s business, sell the goods to a third party but: (i) The proceeds of sale to the third party shall be held by the customer as trustee for BSAUS and the customer account to BSAUS for those sums and if those sums are insufficient to cover the outstanding amounts then the customer shall remain liable, and (ii) If BSAUS requires, the customer shall assign to BSAUS the customer’s claim against the third party and shall execute all documents necessary to effect that assignment
6.2 General Lien
BSAUS shall in respect of all sums owned by the customer to BSAUS hereunder have a general lien on all property of the customer in BSAUS’s possession and may after 14 days’ notice to the customer sell that property and apply the proceeds (net of any sales costs) in satisfaction of all or any part of the sums owed. In the event that any of the customer’s property held by BSAUS as aforesaid enjoys copyright protection in favor of the customer, the customer hereby grants to BSAUS a license to exercise the rights conferred on BSAUS under this clause.
7.1 Artwork/ Design Proofs
If BSAUS submits artwork/design proof to the customer for the goods: (a) BSAUS will not be responsible for any discrepancies in original artwork after the artwork has been approved (b) BSAUS will not be liable for any incorrect artwork provided by the customer (c) Any changes after artwork and payment confirmation will incur BSAUS standard administration fee
7.1 Liability of Goods
Customer will become the owner of the goods after the goods have been delivered or picked up. After the goods are in possession, the customer will be responsible for insurance as the goods will be held at the customer’s risk and BSAUS will not be liable for any loss or damage
7.2 Non-excludable Rights
The parties acknowledge that under applicable State and Commonwealth Laws, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred in relation to the provision of the goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”)
7.3 Disclaimer of Liability
BSAUS disclaims all conditions, warranties expressed or implied, rights and remedies conferred from customer, by statute the Common Law Equity Trade Custom or usage to otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable rights. To the extent permitted by law, the liability of BSAUS for breach of a non-excludable right is limited, at BSAUS’s option to the supplying of the goods and or any services again or payment of the cost of having the goods and or any services supplied again.
7.4 Indirect Losses
Any other provision of these Terms and Conditions, BSAUS in no circumstance (whatever the cause) will be liable in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for: (a) Increased costs or expenses; (b) Any loss of profit, revenue, business, contracts or anticipated savings; (c) Any loss or expense resulting from a claim by a third party or; (d) Any special, indirect or consequential loss or damage of any nature whatsoever, caused by BSAUS’s failure in completing the order or to deliver the goods.
7.5 Electronic Data
Without limiting the generality of the foregoing clauses, BSAUS will not be liable for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to BSAUS.
7.6 Customer’s Property
Subject to clause 7.5 BSAUS will not be liable for damage, loss or destruction of any property of the customer in BSAUS’s possession, unless the loss or damage is due to BSAUS’s failure to exercise in due care and skill, in handling or storing the property.
7.7 Force Majeure
BSAUS will have no liability to the customer in relation to any loss, damage or expense caused by BSAUS’s failure to complete the order or to deliver the goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the printer’s normal suppliers to supply necessary materials or any other matter beyond the printer’s control.
8.1 Alterations to style
Prior to quote preparation, if the customer does not provide specific instructions in relation to style, type or layout: (a) BSAUS may use any style, type and layout which in BSAUS’s opinion, is appropriate and; (b) BSAUS may charge an additional amount for any added work required to be done
8.2 Ancillary materials
Unless BSAUS and the customer agree otherwise, drawings, sketches, painting, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by BSAUS in the course of, or in preparation for performing the order (whenever or not in fact used for the purpose of performing the order) are the property of BSAUS.
(a) Fees quoted for professional services do not include purchase of photos, printing, colour-matching, shipping and handling or courier service. Expenses are itemised on each invoice. (b) If customer requires artwork on CD, BSAUS standard administration fee applies plus courier/ delivery costs will be payable by customer.
(a) According to the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of BSAUS till such an agreement is in place. As part of BSAUS‘s Terms of Business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. (b) BSAUS reserves the right to use all artwork produced for the purpose of promoting BSAUS in print, publication or website, unless explicitly denied to do so by client in writing. (c) Copyright in all artistic and literary works authored by BSAUS shall be the property of BSAUS. i) Warrants that the customer has copyright in or a license to authorize BSAUS to reproduce, all artistic and literary works supplied by the customer to BSAUS for the purpose of the order and the customer hereby authorises BSAUS to reproduce all and any of such works for the purpose aforesaid; ii) Hereby indemnifies and agrees to keep insured BSAUS against all liability, losses or expenses incurred by BSAUS in relation to or in any way directly or indirectly connected with any breach if copyright or of any right in relation to copyright in such literary and artistic works supplied as aforesaid, and; (d) The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by BSAUS for the purpose of the order, however the exercise of such license shall be conditional upon BSAUS having received all monies due to BSAUS under these Terms and Conditions. (e) Artwork, images and copy supplied by the customer, will be the customer’s own responsibility. BSAUS will take no responsibility for copyright issues regarding such artwork, images and copy. The customer is responsible for all trademarks, service mark, and copyright.
8.5 Graphic Design Process
To commence the design process, customer will be required to return the graphic design request form via email or fax to BSAUS. (a) The designer will only proceed upon receipt of signed approval of the quotation and approval of graphic design agreement (b) Full payment is required after artwork proof is confirmed by customer (c) It is the customer’s responsibility to check artwork proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. The designer is not liable for errors and omissions (d) Assuming all aspects of the customer’s brief are met; the customer is permitted to make three additional changes, free of charge. Anything after this may incur an additional fee per change (please note that if the changes differ greatly from the original request, a new design fee may be issued instead, based on the complexity and time it will take to complete). All additional changes requested after artwork confirmation may incur the BSAUS Standard Administration fee and additional design fees. A new quote and updated target date will be submitted to the customer outlining the additional changes
8.6 Errors and omissions
It is the customer’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. BSAUS will not be liable for any errors and/or omissions after the artwork has been confirmed.
All amendments must be confirmed via email or fax, BSAUS will not accept any amendments verbally.
Orders will only be processed after the artwork and payment has been confirmed. Artworks must be confirmed in writing via email or fax. Production schedule will be based on the artwork/payment confirmation date. Confirmation of artwork constitutes confirmation of all job specifications, quantities, sizes, colours and any other details of the order. Any alterations or amendments requested after artwork confirmation may be refused by BSAUS or be subject to BSAUS standard administration fee
8.9 Additional editing and changes
(a) Assuming all aspects of the customer’s brief are met, the client is permitted to make 3 additional minor changes free of charge. Anything after this may incur additional fee/s. (b) If the changes differ greatly from the original request, a new design fee may be issued instead, based on the complexity and time it will take to complete. (c) All additional editing and changes requested after artwork confirmation, BSAUS standard administration fee and extra design fees may apply, plus a new quote and amended schedule submitted to the customer for the additional changes.
If the customer wishes to cancel the job: (a) Any changes after artwork and payment confirmation will incur BSAUS standard administration fee (b) After design agreement is signed off – 80% of full design fee must be paid (c) After design proof is sent - Full design fee must be paid
The customer must not share ideas communicated by BSAUS without BSAUS’s written consent. Ideas must remain confidential at all times.
9.1 Claim period
(a) Any disputes and or claims must be submitted to BSAUS within 7 (seven) business days from the date of receipt. Claims submitted after 7 (seven) business days, BSAUS has the right to refuse the claim (b) Any warranty claim must be submitted in writing to BSAUS. Claims not supported by photographs that clearly show the product, where and how it was installed; BSAUS may not be able to accept the claim (c) Evidence of all components regarding warranty claim to be provided, partial evidence will only facilitate partial warranty (d) If any of the products are delivered damaged or defective, then BSAUS shall not have any liability, unless the customer notifies BSAUS in writing via email within 7 (seven) business days from the date of delivery (e) BSAUS will not take any responsibility for work done by third party(s). After installation done by third party(s), BSAUS may not be able to accept claims for the goods (f) BSAUS will not warranty any materials used or installed that do not meet recommended usage guidelines. BSAUS will not accept liability for failure of products where a full site inspection has not been performed and broad descriptions of requirements were provided by the client. (g) Bannershop International shall not be liable in respect of any claim, unless the aforementioned requirements have been complied with, except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) Advice (where required) was given and the claim was made as soon as reasonably possible.
9.2 Colour Variation
BSAUS makes every effort to display as accurately as possible. (a) BSAUS will not take any responsibility on colour discrepancies between artwork supplied and the actual printed order, if the customer does not request and pay for the colour matching service and/or test prints (b) BSAUS will not take any responsibility on colour discrepancies for artworks done on different materials, different goods, different time frames
The “website” refers to BSAUS official website www.bannershop.com.au.
The website is updated regularly but information can change quickly and no member of BSAUS guarantees its accuracy at any time. BSAUS will not be liable for any loss of information incurred from the website, including data corruption from downloads. Information on the website is not financial advice – customer should obtain advice before making any decisions based on the information found on the website.
BSAUS have detailed a range of products and prices on the website. Although the prices are correct at the time of printing, they are indicative only, as prices and stock may vary from time to time. BSAUS advises customers to contact BSAUS’s Leichardt Sales Office or Melbourne Sales Office for further information about prices and product availability.
(a) BSAUS does not take responsibility for other websites, whether or not linked, or any devices used to access or view the website (b) BSAUS does not accept any responsibility for price variations or errors, availability or quality of products. No responsibility is accepted by BSAUS for the accuracy of any statement or advice contained in the text or advertisements or the accuracy of any prices quoted. (c) BSAUS website has been prepared under Australian law. Nothing it states constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
By accessing the website, the customer is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and the customer agrees to accept responsibility for all activities that occur under their account or password. BSAUS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
10.5 Copyright & Intellectual Property
All subjects included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property or intellectual property of BSAUS or its content suppliers; and protected by Australian and International Copyright and intellectual property laws
11. GENERAL MATTERS
11.1 Outside work
If BSAUS has to obtain goods (including typefaces, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by BSAUS but obtained from a third party in order to carry out the customer’s instructions. (a) BSAUS will not be liable for any breach of these Terms and Conditions if that breach is a result of, or is connected with the supply of, by the third party of such goods and/or services. (b) BSAUS acquired such goods and/ or services as the agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to supply of those goods and/ or services must be made directly against the third party (c) The customer must pay for such goods and or services (d) Property in any such goods obtained from a third party and incorporated into the goods passes to BSAUS at the time of incorporation.
11.2 Material supplied by customer
If BSAUS and the customer agree, the customer is responsible for supplying materials or equipment for the purpose of the order: (a) BSAUS will not normally count or check the material and if requested by the customer to do so may charge for counting or checking (b) BSAUS will not be responsible for any defects in the goods which are caused by defects in or the unsuitability of materials or equipment supplied by customer. (c) Property in any materials supplied by the customer an incorporated into the goods passes to BSAUS at the time of incorporation
11.3 Property left with BSAUS
If the customer leaves property in BSAUS’s possession without specific instructions as to what is to be done with it, BSAUS may, 3 (three) months after gaining possession of the property, dispose of/or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
11.4 Responsibility to insure
BSAUS has no obligation to insure any property of the customer in BSAUS’s possession. The customer must pay the cost of any insurance arranged by BSAUS at the request of the customer.
11.5 Electronic/ magnetic media
All disks, tapes, compact disks or other media (other than media supplies by the customer) used by BSAUS to store data for the purpose of completing the order are property of BSAUS. All artworks will be archived up to three years from the date of receipt. BSAUS standard administration fee may apply for retrievals more than two years. BSAUS will not keep any hard copies, but only digital copies.
11.6 Storage of electronic data
BSAUS will not be responsible for storing any data on disks, tapes, compact disks or other media when the order has been completed. If BSAUS agrees to store such data, BSAUS may charge for doing so. The customer should not assume that BSAUS will maintain the only working copy of their artwork or designs, additional measures should be taken by the customer to protect the integrity of their artwork and designs.
11.1 No waiver
A power or right is not waived solely because the party entitled to exercise that power or right, does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Credits offer, must be redeemed within 90 (ninety) business days from the date of issue. After 90 business days, the credit will expire and become invalid.
(a) Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, if that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
11.9 Governing law and jurisdiction
These Terms and Conditions are governed by the law in force in the state or NSW and the parties submit to the non-exclusive jurisdiction of the courts of that state or territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.
11.10 Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via BSAUS’s website.
12. GOODS AND SERVICES TAX
All amounts are GST inclusive amounts
Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.
12.1 Out of pocket expenses are GST inclusive
All out of pocket expenses referred to in these terms and conditions are GST inclusive.
13. INSTALLATION SERVICE
13.1 Installation Request Forms
The customer is required to complete Forms A (Installation Summary), B (Mock-up) & C (Media Selection Form) along with a minimum of 5 (five) complete installation site photographs and send back to BSAUS.
13.2 Claim period
Any disputes and or claims must be submitted to BSAUS within 5 (five) business days from the installation date. Claims submitted after 5 (five) business days from the installation date, BSAUS has the right to refuse the claim and may treat the job as completed.
13.3 Accurate information
If an initial site inspection is not requested it is the customer’s responsibility to provide accurate details including precise measurements to BSAUS. BSAUS has the right to reject the installation upon arrival if the installation requirements have not been met. Payment will still apply for the installation if the installation cannot proceed for reasons outside the control of BSAUS.
13.4 Weather Conditions
Rescheduling may apply if weather conditions are dangerous to the installer.
13.5 Payment & Other Charges
All installation jobs must be paid in full before the job will move into production, except where the client has credit arrangements with BSAUS. Changes on confirmed installation date may result in a $200 site attention charge and BSAUS standard administration fees
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