1.1In these terms and conditions:
a.CarMagnets.com.au “CM” means the entity stated in the Application for Credit and any related body corporate as defined in the Corporations Act 2001 (Cth) and its successors and assigns.
b.“Client” means the entity stated in the Application for Credit, its successors and assigns and any other person offering to contract with the Company on these terms and conditions or, where such person is acting in the course of employment, such persons as employer.
c.The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
2.Acceptance of Orders & Quotations
2.1All quotations are valid for 30 days. CM reserves the right to vary pricing after 30 days from the original date of quoting.
2.2CM also reserves the right to vary any quotation by notice in writing in the event that any legislation or regulation by any government authority would result in a variation to the cost component of the Contract.
2.3Additional work required (including but not limited to folding, inserting, counting or bundling) after receiving the material from the client and not included in the quotation, will be added to the account due, under written or verbal advice.
3.1The Company shall be at liberty to retain any of its authorised agents or any other entity it sees fit and at the sole discretion of the Company and the Client consents to disclosure of information about the Client or its contacts to these agents.
4.Goods and Services
4.1The description and quantity of the goods and services to be sold (“the services”) shall be as set out in the quotation provided by CM to the client (“the quotation”).
5Production Schedules
5.1Scheduling will be provided to the client with the quotation. Should any delays occur, delivery dates and/or additional costs will be re-negotiated and no liability or penalty will be incurred by CM for these delays.
6.Quantity Delivered
6.1On rare occasions a production run may contain a small percentage of unacceptable product. It is normal practice for CM to supply over-runs at no additional cost to cover the unlikely event of any defective product being supplied that may have been overlooked at final inspection.
6.2Under-runs may also occur and will not exceed 10% of the quantity ordered. A CM reserves the right not to re-print or replace product in this instance and will invoice the customer at a pro-rata rate. If the customer requires a guaranteed quantity, this tolerance must be taken into consideration at the time of ordering.
7.Receipt of Material
7.1CM reserves the right to reject, or to vary the charges for imperfect, defective or unsuitable material provided by the customer.
8.Storage of Material
8.1All material provided to CM shall remain the responsibility of the customer who indemnifies CM against any loss or damage to the material, and the customer shall be responsible for reinstatement and replacement costs and/or insurance as the customer deems necessary.
8.2Where any client’s material cannot be processed, or removed from CM’s premises within 2 weeks of delivery, the customer shall bear a minimum storage charge of $55 (incl. GST) per week.
8.3Where any material cannot be processed, and not removed from CM premises within three (3) months, CM may, at the customer’s expense, arrange return or disposal as CM sees fit.
9.Performance of Services
9.1The customer acknowledges that CM may sub-contract the performance of part or all of its obligations under the Contract.
9.2The customer acknowledges that CM shall be entitled to carry out services for other customers during the period allocated to the provision of services under the Contract.
10. Proofing
10.1When requested, CM will submit electronic proofs for the customer’s review and approval. CM will not be responsible for undetected errors and any re-prints will be supplied at the original cost.
11.Terms & Payment
11.1 Payment of the quoted price is required in advance and prior to the provision of services, except where CM directs, and customers are required to make payment according to the terms set out in the invoice.
11.2If the customer fails to make payment in accordance with 11.1, CM shall be entitled to charge an administration charge at a rate of 2.5% per month on a cumulative basis on all overdue monies from the due date up to the final date of payment.
11.3As long as any monies remain unpaid by the customer, CM shall be entitled to claim a possessory lien over any materials of the customer in the possession of CM.
11.4A written statement of debt signed by an authorised employee of CM shall be prima facie evidence and proof of the amount of indebtedness by the customer to CM at that time.
11.5 Any concerns or complaints regarding performance of the services should be advised to CM as soon as possible, so as to allow CM to undertake any remedial action it deems is required. In any event any complaint must be lodged in writing with CM within 5 business days of the performance of services.
11.6 If the Client has an account with CM the client agrees to pay all amounts due in clear funds within the Company’s agreed timeframe but no later than 30 days from the date of invoice. The Client agrees that if it fails to pay in accordance with this clause, the Company may.
a. Charge a dishonour handling fee in the amount of $95.0.
b.Recover all collections costs and expenses incurred in collecting overdue accounts on an indemnity basis.
c.With hold supply.
d.Sue for the money owing on the goods or services provided.
11.7In the event where this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amounts overdue.
11.8 EFT payment preferred by CM. If payment is by credit card prior to the due date, an additional 2.5% processing fee will be incurred by the client.
12. Default
12.1 If the client
a.Fails to pay for any goods or services on the due date; or
b.Otherwise breached this agreement and failed to rectify such breach within seven days notice; or
c.Cancel delivery of goods or services; or
d.Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Client or any of its property; or
e.Allow a judgement or order to be enforced or become enforceable against the Client’s property; or
f.Permits proceedings to be commenced to wind the Client up or controller, receiver, administrator, liquidator or similar officers appointed to the Client in respect of any part of its property;
Then the Company may enter upon the Client’s premises (doing all that is necessary to gain access) where goods supplied under this contract are situated at any time and re-take possession of any or all of the goods the Company has supplied to the Client and:
  • Resell the goods concerned;
  • Terminate the agreement; and
  • Sue for any money owing.
12.2 The Client and the Guarantor jointly and severally authorise the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties here to.
12.3The Company reserves the right to report a Client’s delinquent account to a credit reporting agency should payment remain outstanding for more than 60 days. In addition the Company may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Client acknowledges and agrees to pay all debt collection charges.
13.Set Off
The Client agrees that:
13.1The Company may set-off any credit amount that the Company owes to the Client against any debt due by the Client to the Company at the Company’s sole discretion;
13.2The Client is not entitled to withhold payment of any money in respect of any alleged set-off or claim the Client might have against the Company.
14.1The Client irrevocably permits the Company or any person authorised by the Company in writing, upon giving reasonable notice to enter the Client’s premises or at premises where the goods are reasonably believed by the Company to be held on the Client’s behalf for the purpose of examining or recovering the goods. The Client also agrees to indemnify and hold the Company harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of any goods, the subject of this Agreement.
15.Cancellation Fee
15.1Where an order is cancelled less than 3 days prior to the proposed provision of services, a cancellation fee of 10% of the quoted price shall be payable by the customer in addition to any production costs that CM may have incurred. The said cancellation fee is not a penalty, but a genuine pre-estimate of the damages and costs incurred by CM.
16.Title and Risk
16.1 The Goods shall be at the risk of the Client after they have been delivered.
16.2 Notwithstanding delivery, title in the Goods shall not pass to the Client until CM has received all monies owing from the Client.
16.3 Copyright and Intellectual Property Rights in the Goods shall remain the property of CM unless released, in writing, to the Client.
16.4 The client will supply, at no cost to CM a high resolution copy on DVD/CD of all the necessary electronic files required including but not limited to photography, video footage, print ready art to be used for production purposes by CM.
16.5 If the Client fails to pay CM any amount so invoiced and that amount remains unpaid for a period of thirty (30) days, then Alias may revoke the licence granted by this agreement by notice in writing.
16.6The Goods may not be transferred to a Third Party without the express written permission of CM.
16.7 Until such time as title in the Goods passes to the Client, CM shall have the right to repossess or otherwise recover the Goods.
17.Limitation of Liability
17.1Save in respect of personal injury or death due to the negligence of CM, CM shall not be liable to the Client in respect of any loss suffered by the Client due to any defect in the Goods. CM shall not be liable to the Client or any third party for any loss of profit, consequential or other economic loss suffered by the Client arising in any way from this Agreement.
17.2Save in respect of personal injury or death due to the negligence of CM the liability of the CM under these Conditions shall not exceed the Price.
18.Right to amend terms and conditions
18.1 The Company reserves the right to amend terms and conditions of this agreement by giving the Client notice in writing of the amended terms and conditions to the Client’s address as specified on the face of this agreement or as notified by the Client from time to time. The Client is deemed to accept any amended Terms and Condition unless it notifies the Company in writing within seven days of its objection to the proposed amendment to the Terms and Conditions.
19.Severance and Waiver
19.1If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the agreement and the severed part will not affect the validity and enforceability of any remaining provisions. Any waiver of the Company’s right under this agreement must be in writing and signed by an authorised representative of the Company.
20.Force Majeure
20.1CM shall not be liable for any default due to any circumstance beyond their reasonable control including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the suppliers of the Supplier.
21.Entire Agreement
21.1Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
22.Rights of customer
22.1Nothing in these Conditions shall affect the statutory rights of a consumer. The Client and Guarantors declare that the credit to be provided is to be applied wholly or predominantly for business purposes and not for personal, domestic or household purposes.
23.Governing Law
23.1The Contract and the conditions therein shall be construed according to the laws in the State of New South Wales, Australia.