Terms & Conditions of Offer / Sale
Goods and Services are sold and supplied on the following Terms and Conditions unless expressly agreed in writing between the Company Full Colour Badges and the Buyer, or, where varied by the attached quotation.
Acceptance:
All quotations are valid for 30 days only. Unless accepted within this period, the Company reserves the right of alteration.
Payment With Order: New Customer —First time orders:
Company policy states that any new customer when placing an order requires that payment is received prior to production commencing. Subsequent orders may be accepted upon completed and approved credit applications for new customer accounts.
Incorrect Information:
The Buyer shall be responsible for, and bear the cost of, any alteration to goods supplied (or in progress of manufacture or purchase) by the Company, arising from any discrepancy, error or omission in any drawing or information supplied by, or approved by the Buyer. The Company can not accept responsibility for errors where the Buyer has not confirmed requirements in writing.
Cancelled Orders:
Orders cannot be cancelled except upon the terms which will compensate the Company for all works done, any obligation to a third party resulting from the Buyer’s order, and materials ordered, used or purchased by the Company as a result of the Buyer’s order to the date of written cancellation. The cancellation of any order must be confirmed in writing. Verbal cancellations will not be accepted.
Force Majeure:
Every effort will be made to carry out this contract, but due performance is subject to variation or cancellation by the Company owing to acts of God, War, Strikes, Lockouts, Fire, Flood, Drought or any cause beyond the Company’s control or owing to the inability to procure materials or articles (or at enhanced prices).
Preservation of Property Rights:
a) The property in ordered or invoiced goods shall not pass to the Buyer until the whole of the price for the goods has been paid in full to the Company. The property in the goods shall remain solely with the Company until such full payment is received as cleared funds by the Company.
b) Until the goods are paid for in full, and all other sums due and owing by the Buyer to the Company on any account are paid, the Buyer holds goods as bailee for the Company.
c) If the Buyer at any time fails to make payment for any such goods by the due date for payment, without prejudice to any other rights which the Company may have at law or under these terms, the Company, or its authorised agents, are expressly authorised by the Buyer to enter the Buyer’s premises, whether by using force or not, and to take possession of and sell the goods and exercise other such other rights ancillary to the right of resale and possession.
d) The Company shall be in no way liable or responsible for any loss or damage to any goods or damage to the Buyer’s business howsoever arising from the taking of any goods.
Claims:
The Buyer should inspect the goods on receipt. All claims must be made in writing within 14 days of receipt of goods by the Buyer.
Implied Warranties:
To the extent permitted by law, the Company excludes all warranties and representations except as expressly provided in these terms and conditions.
Nothing in this clause excludes, restricts or modifies the operation of Part VA of the Trade Practices Act 1974 to the extent to which that Part of the Act applies to goods supplied by the Company.
Liability for a breach of a condition or warranty necessarily implied into these terms by the Act is limited to any one of the following, as determined by the Company in its sole discretion:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired.
In no event is the Company liable to the Buyer for any incidental or consequential damages in respect of such breach of condition or warranty.
Artwork (where applicable):
Artwork supplied by the Buyer will be held held by FCB for the convenience of future manufacture. It is the Buyer’s responsibility to arrange insurance for any losses that the Buyer may consider necessary. Costs incurred for alterations after the Buyer has approved artwork or product prototype is chargeable to the customer.
Copyright:
All designs, artistic creations, moulds, tools, products, etc. created by the Company are copyright to the Company and must not be transferred to third parties without the Company’s written consent. Artwork and designs given to the Company for reproduction are received in good faith as belonging to the Buyer and claims of breach of Copyright by the Company by third parties shall be referred to the Buyer for compensation by the injured party.
GST Impact:
The Company is registered for GST pursuant to the A New tax System (Goods & Services Tax) Act 1999 (the “GST Act”). The Company’s ABN is 21329683943
All prices quoted are inclusive of GST payable pursuant to the GST Act.
The Company will issue tax invoices to the Buyer upon delivery of ordered goods. The Buyer is solely responsible to claim all input tax credits or other benefits (if any) available to the Buyer, pursuant to the GST Act in respect of any amounts the Buyer pays to the Company.
The Company reserves the right to adjust prices or to make adjustments as contemplated by the GST Act if any amount paid by the Buyer is subsequently found by the Company to have been incorrect for any reason or in any respect and the Buyer agrees to co-operate fully with the Company in respect of such adjustment.