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Version of H&S Terms & Conditions of Sale (PDF)
TERMS AND CONDITIONS OF SALE
These terms and conditions, together with any valid quotation,
constitute the entire agreement between the customer and Handel and
Sons Pty Ltd (H&S). Goods are supplied pursuant to these terms
and conditions only, and these terms and conditions override any
contrary or different terms proposed by the Customer unless
expressly agreed in writing by H&S. Any Customer terms and
conditions sent to H&S either by facsimile, email or other
method are not accepted by H&S and do not apply to the supply
of goods or services by H&S to customer, unless expressly
agreed in writing by H&S.
1. QUOTATIONS
A quotation constitutes an invitation to the Customer to make an
offer to contract. An agreement shall not be constituted until a
signed order from the Customer requesting supply of goods upon
these terms and conditions is accepted by H&S.
A quotation from H&S is valid for acceptance by the Customer
only if it is in writing and only if the Customer has supplied the
following;
i. a fully specified drawing of the item to be printed on,
or H&S has examined a sample of such an item;
ii. specification of the substrate material and the ink to
be used; and
iii. a reproduction of the artwork to be printed (in vector
format), including all relevant details as to colour (referencing
industry colour standards).
Any quotations provided in the absence of this information are
given as estimates only and do not form the basis of an order.
Subject to the right of H&S to correct errors or omissions,
a
valid quotation will be current for a period of thirty days from
the date written on the quotation.
Charges associated with ongoing jobs which have been quoted may
change without notice after the expiry of the quote validity
period.
Customers may only submit orders on the basis of a valid quotation.
All such orders must be in writing. H&S reserves the right to
accept or reject any orders received from the
Customer.
Unless otherwise specified in writing, the title in any tooling,
holding fixture and associated IP remains the property of H&S.
Charges for such items are for the right to use the fixture for the
working life of the device within H&S production
facilities.
2. ARTWORK AND PRINTING
2.1 Specifications
Art must be supplied as Vector art in adobe PDF, eps or ai.
Other formats supplied will incur extra charges in the form of
artwork manipulation costs.
To ensure correct printing and placement of print the customer must
supply a sample part correctly printed or current drawings fully
specified with position, colour, ink type or any other relevant
information. H&S must be notified in writing of any changes to
the design of a part to be printed.
2.2 Artwork sign-off
The customer is required to sign off on any artwork before a print
job will be commenced. All work carried out by H&S after
customer sign off is chargeable. It is the customer’s
responsibility to check all aspects of the artwork. Colours stated
on artwork approvals will prevail over the appearance of colour in
any printouts or electronic media format.
2.3 Printing quality
The processes of pad printing and screen-printing are limited to
the available ink types and by several other factors. H&S
recommends that the customer undertakes appropriate testing in
order to minimise Printing Quality issues, prior to commencement of
the production run.
i. Colour: Whilst a close match is generally achievable,
colours on the final printed product may vary from Pantone (or
other standard) colours specified.
ii. Adhesion: The adhesion characteristics of a print to a
product can only be determined by appropriate testing. Such testing
is available but will be charged on a time basis to the
customer. Should any variables such as material type be changed
from batch to batch of product the print adhesion characteristics
can also change. Whilst all care will be taken to achieve the best
result, H&S does not take any responsibility for the adhesion
characteristics of a print in the absence of appropriate
testing.
iii. Resistance to chemical, mechanical and environmental
attack: printed parts may be subjected to a range of environmental
factors. Whilst H&S is able to assist in the selection of an
appropriate printing ink and process, the suitability of a print to
its given end application is solely the responsibility of the
customer.
iv. Damage to product: The nature of pad and screen printing
inks may result in partial dissolution of the substrate surface
during printing. This means that printed products may be damaged
during the printing process. In these cases and where the print has
fully cured, it may be impossible to remove the print from the
product without destroying the substrate surface. Customers must
allow for a certain reject rate. In general this is up to 2% or 2
parts whichever is more. The customer is required to provide for
this at its expense over and
above the required final number of products required. Parts
required for the fabrication of holding fixture may be damaged or
destroyed in the process. The cost of these parts is to be borne by
the customer H&S will print all product supplied and is not
obliged to count or quality control supplied product. Transit
damage to a printed surface may occur where inadequate packaging is
provided
by the customer. H&S takes no responsibility for such
damage.
2.4 Printing volumes
Where Customer provides goods for the purposes of printing,
Customer must ensure that the correct number of items to be printed
has been provided to H&S prior to the commencement of the
production run and H&S takes no responsibility for incorrect
number of printed items.
3. HANDLING
Handling of parts in the form of packing, unpacking, surface
pre-treatment or other handling requirements will be charged
separately to printing. Such handling may not appear on a
quotation. H&S reserves the right to charge for such handling
or pre-treatment.
4. PRICES
Quoted prices are subject to change without notice and may change
on account of production costs, increase in standard labour
charges, exchange rate variations, variations to customs duty or
other taxes, insurance, freight or other cost increases beyond
H&S’s control. Quoted prices are in Australian dollars,
exclusive of GST and unless otherwise stated do not allow for
delivery.
5. TITLE AND INSURANCE
Where product is supplied by H&S either in its final format or
as material to be printed upon, title in such products remains with
H&S until payment in full is received by H&S. Customer
holds such products solely as bailee in possession until payment in
full is received by H&S. The Customer shall insure the products
for full replacement value with a reputable insurer with the
interest of H&S noted upon the policy and provide a certificate
of currency to H&S upon demand. The Customer shall insure all
goods provided by Customer to H&S for the purpose of printing
(or for any other purpose) whilst on H&S premises and in
transit to and from H&S premises. Unless otherwise expressly
agreed in writing, H&S remains the owner of all film, plates
and screens, tooling, holding fixtures, jigs and other related
materials used in printing the customers’ product. The charge for
such items in quotations refers to the acquisition of the necessary
materials and time taken by H&S to produce or configure such
items and does not
entitle the customer to ownership of the item.
6. INTELLECTUAL PROPERTY
H&S does not take responsibility for obtaining rights
associated with copyright, trademarks or other related IP in an
image to be printed. By placing an order with H&S, the customer
warrants that it has the right to grant a license of the artwork
supplied to H&S for the purpose of carrying out the printing
contracted to H&S. Furthermore the customer indemnifies H&S
against any loss suffered by H&S as a result of any claim
or potential claim by a third party in respect to any infringement
of copyright, trademark or other IP right associated with the work
requested by the customer. IP created in the construction of
tooling and the title to such tooling remains the property of
H&S unless otherwise agreed in writing.
7. RISK AND DELIVERY
For any products supplied by H&S, risk in the products shall
pass to the Customer upon despatch from H&S premises in
Clayton. Risk in goods provided by Customer to H&S for the
purposes of printing or any other purpose remains with Customer.
Delivery dates for products or services provided by H&S are
estimates only and H&S shall not be liable for any loss
resulting from delay or non-delivery. In general lead times for
print work are 10 working days from the time of confirmation of
artwork and delivery of product to be printed. Stock items will
generally be despatched within two working days.
8. CANCELLATION
Where Customer cancels any order prior to delivery or collection of
the goods, Customer must reimburse H&S as follows:
i. for all costs associated with preparation of artwork
(including design and consultation fees)
ii. for all materials requested or purchased from third
parties (including any associated delivery costs), or used by
H&S in relation to the order;
iii. for all printed materials produced prior to the request
for cancellation being received by H&S
iv. for any other time taken to carry out work associated
with the order placed by the customer.
9. GST
Quoted prices are exclusive of GST or other taxes which may be
imposed. GST and other such taxes are additional to the quoted
price.
10. PAYMENT
10.1 General
Prices are quoted in Australian currency.
10.2 Non-Account Customers
Customers must pay for goods in full prior to H&S despatching
the goods, unless the Customer has an H&S payment account.
10.3 Account Customers
Approved Customers may set up a payment account with H&S, in
which case payment for goods is due 30 calendar days from the date
of invoice of the goods. In addition to any other rights of H&S
in relation to unpaid amounts, H&S may cease to provide credit
and/or deliver of goods to any Customer where a payment is overdue.
H&S will impose an account charge of 1% per calendar month on
any overdue amount. Any amounts unpaid will be referred to a debt
collection agency. The costs of collection will be on charged to
the defaulting customer.
11. WARRANTY
H&S provides the following limited warranty in respect of
printing services supplied and products supplied under this
agreement:
i. Where testing has been undertaken prior to commencement
of the production print run, H&S will, at its discretion,
either re-supply any printing services or provide a refund where
the Customer notifies H&S in writing of material defects in the
printing within a period of 7 days from despatch or collection of
the printed goods.
ii. H&S will resupply products supplied by H&S where
those products contain material defects or are otherwise not of
merchantable quality, where Customer notifies H&S in writing
within 7 days from despatch or collection of products.
12. LIMITATION OF LIABILITY
Subject to applicable law, no warranty other than the warranty set
out in clause 11 above shall apply. Nothing in these terms shall
exclude, restrict or modify any term, warranty, condition or right
express or implied in this contract of sale by the Trade Practices
Act 1974, the Australian Consumer Law or any similar state or
territory legislation. H&S’s liability will be limited to the
resupply of the printing services, or where defective products are
supplied by H&S, the replacement or repair of those products or
supply of equivalent products, or a
refund of the price paid to H&S by the customer for the
defective products or services. H&S is not liable for any loss
associated with damage to goods supplied by the Customer and
Customer shall make no claim against H&S in respect of such
goods. H&S shall not be liable for any:
i. consequential or incidental damages;
ii. damages or loss of any nature whatsoever relating to
lost profits, business interruption, loss of data or privacy or
confidentiality, personal injury or any failure to meet any
duty;
or
iii. indirect, special or punitive damages arising in any
manner.
13. VARIATION
H&S may vary these conditions of sale at any time by notice in
writing to the Customer. The current version will be available on
the H&S website and the customer is obliged to check such
T&C at the time of accepting a quotation by placement of
order.
14. ASSIGNMENT
H&S may assign the rights and obligations in this contract
(including any order) to a third party without consent of the
Customer.
15. CLAIMS
Claims for short delivery, returns of defective product or for any
other valid reason must be made within seven days from delivery.
.In limited circumstances and at the sole discretion of H&S,
H&S will provide credit for products returned for reasons other
than defect, provided such items are returned within 7 days of
supply by H&S and are unopened, unused, have not been damaged
after passing of risk to Customer and are in original packaging.
Items which have been specifically ordered in from local or
overseas suppliers for a customer which are
non-stock items may not be returned for credit.
Where returns are accepted for credit or refund, a service charge
of 10% will apply.
16. APPLICABLE LAW
The law of the State of Victoria applies to these terms and
conditions. |