Terms and

Conditions

Agreement
1. This Agreement applies to every contract for the sale of goods or services by Newcastle Business Cards to the Customer, unless Newcastle Business Cards agrees otherwise in writing.

2. Any written quotation provided by Newcastle Business Cards to the Customer concerning the proposed supply of goods or services is:

(a) valid for 14 days from the date of the quotation;

and

(b) not an offer to sell, and no order placed by the Customer in response to any quotation will bind Newcastle Business Cards unless and until such order is accepted by Newcastle Business Cards, acting in its absolute discretion.

3. This Agreement is accepted by the Customer once the Customer places an order with Newcastle Business Cards for goods or services. No purported cancellation or suspension of an order (or any part of an order) by the Customer is binding on Newcastle Business Cards after that order has been accepted by Newcastle Business Cards.

4. This Agreement is accepted by Newcastle Business Cards when Newcastle Business Cards confirms its acceptance of an order in writing or electronic means or provides the Customer with the goods or services. All quotations are subject to withdrawal or variation by Newcastle Business Cards at any time prior to Newcastle Business Cards’ acceptance of an order by notice in writing to the Customer.

Pricing structure for goods and services

1. Prices quoted, whether in a price list, by written quotation or verbally, for the supply of goods and services, include GST and any other taxes or duties imposed on or in relation to the goods and services. The Customer must pay such GST, taxes or duties.

2. Pricing includes the cost of delivery of the goods to the Customer to any single metropolitan address in any capital city in Australia. Delivery is only included for catalogue items. However, Newcastle Business Cards reserves the right to charge for the cost of delivery if the delivery location is outside a metropolitan area, involves multiple locations or requires hand unpacking. Non standard or bespoke quotes are inclusive of freight to the Customer’s address only, unless otherwise specified.

3. Quotations are based on the cost of production prevailing at the date of the quotation, and are subject to variation on or after acceptance of any order placed in reliance upon such quotation, to meet any rise or fall in such costs incurred, including a request from the Customer to vary the order. Newcastle Business Cards will notify the Customer of any such variation.

Payment terms for goods and services

1. Newcastle Business Cards’ standard payment option is pre payment in full, prior to the commencement of any print work or services. Other payment terms may be offered at the discretion of Newcastle Business Cards and are subject to a satisfactory credit check.

2. Payment by cheque is not deemed made until the proceeds of the cheque have cleared.

3. Newcastle Business Cards may amend any payment terms upon giving written notice to the Customer.

4. Newcastle Business Cards accepts payment by direct bank deposit, Visa or Mastercard without penalty fees. Newcastle Business Cards however reserves the right to charge penalty fees if the agreed payment terms are not met.

Consequences of non-payment by the Customer

1. If the Customer does not pay an invoice (in full) by the due date, then all moneys which would become payable by the Customer to Newcastle Business Cards at a later date on any account, will become immediately due and payable without the requirement of any notice to the Customer, and Newcastle Business Cards may, without prejudice to any other remedy available to Newcastle Business Cards:

(a) charge the Customer for, and the Customer must indemnify Newcastle Business Cards from, all costs and expenses (including all legal costs and expenses) incurred by Newcastle Business Cards resulting from the non-payment or in taking action to enforce compliance with this Agreement or to recover any goods;

(c) cease or suspend for such period as Newcastle Business Cards think fit, supply of any further goods or services to the Customer;

(d) by notice in writing to the Customer, terminate this Agreement or any contract with the Customer, without affecting Newcastle Business Cards’ accrued rights under any contract.

Orders

1. Descriptions, illustrations and material contained in catalogue, price lists, brochures, leaflets, specification sheets or other descriptive materials:

(a) While every effort is made to ensure their accuracy, the descriptions, illustrations and material contained in any catalogue, price list, brochure, leaflet, specification sheets or other descriptive materials provided by Newcastle Business Cards to the Customer represent the general nature of the items described therein and do not form part of any order or agreement and do not constitute a representation or warranty made by Newcastle Business Cards.

Artwork

1.It is the Customer’s responsibility to ensure that the electronic files supplied comply with Newcastle Business Cards file specifications, requirements and that the files supplied are correct and able to be printed as soon as they are supplied. Files supplied without ‘bleed’ will be printed as they are supplied under the assumption that this is the Customer’s requirement.

2. It is the Customer’s responsibility to ensure that any materials supplied for printing do not breach relevant copyright legislation. Newcastle Business Cards accepts no responsibility for any copyright issues.

3. No assumptions or judgements are made by Newcastle Business Cards in relation to the correctness or acceptability of any electronic files supplied to us. Electronic files are printed as they are supplied and there will be variations between finished printed products and the same file being printed on various proofing devices (ie. Inkjet printers and the like). Under no circumstances will electronic files be kept by Newcastle Business Cards for future use by the Customer. Electronic files must be supplied with each and every order.

4. Newcastle Business Cards reserves the right to modify the design, drawings or specifications supplied to Newcastle Business Cards by the Customer which do not materially affect the quality or usage of the goods by the Customer, without notice.

5. All prices quoted are for the supply of Newcastle Business Cards specified print ready artwork. No assumptions or judgements are made by Newcastle Business Cards in relation to the correctness or acceptability of any electronic files supplied to us.  Electronic files are printed as they are supplied and there will be variations between finished printed products and the same file being printed on various proofing devices (ie. Inkjet printers and the like). Should any artwork corrections be required, Newcastle Business Cards reserve the right to make such alterations and request subsequent approval from the Customer to proceed to print. Any charges be associated for this artwork correction may be passed to the Customer, subject to prior notification.

6. Whilst every endeavour will be made to ensure that requested colours are matched, we cannot guarantee an exact match in colour or texture between the Customer’s artwork (including electronic graphic files or previously printed materials or any other materials supplied by the Customer) and the final delivered goods. The Customer acknowledges and accepts that there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes. While we do have quality control processes in place, the Customer acknowledges and accepts that there are acceptable levels of colour variation (+/- 10-15%) from print run to print run.

7. It is the Customer’s responsibility to understand the nature of the various stocks and printing results of the requested stock. It is also the Customer’s responsibility to understand the impact that different finishing options may have on that stock (ie cracking, impressions and imperfections, transparency). Newcastle Business Cards assumes that its Customers are fully aware of this impact before any orders are placed. Newcastle Business Cards accepts no responsibility whatsoever for any cracking caused by folding of brochures, impressions on various stocks from multiple finishes (ie foil stamping, embossing, raised ink, debossing, spot UV) or the like. No refunds or reprints will be provided for any breaches of the Customer’s responsibility contained within this clause.

8. The Customer acknowledges that trimming may vary by up to 1-2 millimetre from the proof, specification or print job to print job and that such variation will not constitute a fault in the print job.

9. Whilst every endeavour will be made to deliver the correct quantity of print items ordered, due to the difficulties of producing exact quantities, Newcastle Business Cards shall not be liable for delivering incorrect quantities and there will be no adjustment in the price if the quantity variation does not exceed 10% of the quantity specified in the order.

10. It is the Customer’s responsibility to carefully check all artwork proofs provided by Newcastle Business Cards for any spelling, layout, design errors and artwork specifications. Customer’s approval of any proof exonerates Newcastle Business Cards of any liability or responsibility for errors that may still exist within the proof. The colours that are shown on computer screens will not be the same on the final printed product. This is due to the nature of RGB screen view and CMYK offset printing. Proofs issued are an indication of the final printed product only.

11. No refund will be issued for any custom artwork created by Newcastle Business cards. Custom business card design completed by Newcastle Business Cards does not include logo design. Newcastle Business Cards owns the rights to any designs or logos created. Customers are able to purchase their artwork at a agreed price for use other than with Newcastle Business Cards.

Shipment

1. Any period or date for delivery of goods or provision of services is intended as an estimate only and is not a contractual commitment. Newcastle Business Cards will use its reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.

2. If, through circumstances beyond Newcastle Business Cards’ control, Newcastle Business Cards is unable to effect delivery or provision of goods or services, then Newcastle Business Cards may cancel the Customer’s order (even if it has already been accepted) by notice in writing including electronic means to the Customer.

3. Where delivery is requested by the Customer, to be left at an unattended address, Newcastle Business Cards will not accept liability for any subsequent issues arising from that delivery. This clause does not affect any other rights pertaining to the goods noted within these terms and conditions.

Returns + Problems

1. (a) Newcastle Business Cards will not be liable for any defect in the goods manufactured or supplied by Newcastle Business Cards which are based in whole or in part upon any designs, drawings or specifications supplied to Newcastle Business Cards by the Customer.
(b) Newcastle Business Cards will not be liable for any defects, shortages, damage or noncompliance with the specifications in the Agreement unless the Customer notifies Newcastle Business Cards in writing with full details within 5 business days of delivery of the goods or provision of the services.
(c) If the Customer does not give the notice as required in clause 4(a), the Customer is deemed to have accepted the goods or services.
(d) When any defects, shortages, claim for damage or non-compliance with the specifications in the Agreement is accepted, Newcastle Business Cards may, at its option, replace the defective or missing goods or re-supply the services.
(e) Newcastle Business Cards will not accept goods for return that have been altered in any way or have been used.

2. We reserve the right to rectify defective work by reprinting and shall not be liable to refund.

3. If we offer to replace, you must accept such an offer unless you can show clear cause for refusing to do so.

4. If you do opt to have work reproduced by a third party without reference to us, you automatically revoke your right to any remedy from us.

5. All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided. The Customer must pay all freight charges associated with the return of any goods.

6. Newcastle Business Cards will issue a refund only when deemed necessary using the same method used for payment. Any refunds will take 3 to 5 working days to complete once Newcastle Business Cards has agreed to refund. This cannot be completed any faster.

Damage or loss in transit

Newcastle Business Cards shall not be liable for any loss or damage suffered during transit of the goods to the Customer.

Miscellaneous

1. These T&Cs shall be governed by and interpreted in accordance with the laws of NSW and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeal courts from them.

2. Failure by Newcastle Business Cards to enforce any terms of this Agreement shall not be construed as a waiver of any of its rights.

3. If any term of this Agreement is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from this Agreement without affecting the enforceability of the remaining terms.

4. This Agreement constitutes the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties, whether orally or in writing.

5. A notice provided under this Agreement must be in writing and handed personally or sent by facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile are deemed received on the date and time the facsimile machine confirms transmission.  Email notification where specified within the agreement will be deemed acceptable.

6. In this Agreement, unless the context clearly indicates otherwise:

(a) “Agreement” means this agreement entered into for the provision of goods or services by Newcastle Business Cards to the Customer and includes any document which varies, supplements, replaces, assigns or novates this agreement;

(b) “Customer” means the person to whom any quotation is made and shall include any person contracting or offering to contract with Newcastle Business Cards in accordance with this Agreement;

(c) “goods” means any goods provided to the Customer by Newcastle Business Cards or procured by Newcastle Business Cards for the Customer and includes printing proofs (both conceptual and final), and any printed material or artwork;

(d) “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

(e) “Insolvency Event” shall occur when;
(i) an application or order is made, a resolution is made or proposed or other steps are taken for the winding up, liquidation (including provisional liquidation), dissolution, official management or voluntary administration of the Customer (other than a voluntary liquidation for the purpose of amalgamation or reconstruction);
(ii) the Customer enters into any arrangement, compromise or composition or assignment for the benefits of its creditors or any class of them;
(iii) the Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its assets other than in the ordinary course of business;(iv) the Customer is or is deemed unable to pay its debts as and when they fall due, or stops or suspends the payments of its debts; or
(v) a liquidator, provisional liquidator receiver, a receiver and manager, administration or other officer is appointed to the Customer or any part of its property, or a third party attempts to levy execution against the Customer’s property or the goods.

(f) “Intellectual Property” means copyright, patents, designs or trademarks (whether registered or unregistered), rights in confidential information (including trade secrets and know how), and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, whether conferred under statute, common law or equity;

(g) “services” means the provision by Newcastle Business Cards to the Customer of any services including graphic design and printing;

(h) “Newcastle Business Cards” means Newcastle Business Cards (ABN 98 990 933 422 ) of PO BOX 518 The Junction, NSW 2291;

(i) “Newcastle Business CardsMaterials” means all “works” (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials, specifications and processes owned by or licensed to Newcastle Business Cards;

(j) a reference to legislation or a legislative provision includes any statutory modification, or substitution of that legislation or legislative provision;

(k) a reference to a person includes a natural person, corporation, statutory corporation, partnership or any other organisation or legal entity;

(l) a reference to a natural person includes their personal representatives, successors and permitted assigns;

(m) a reference to a corporation includes its successors and permitted assigns;

(n) an obligation or warranty on the part of 2 or more persons binds them jointly and severally and an obligation or warranty in favour of 2 or more persons benefits them jointly and severally;

(o) including and includes are not words of limitation;

(p) a reference to a time is to that time in Newcastle, Australia;

(q) monetary amounts are expressed in Australian dollars;

(r) the singular includes the plural and vice-versa

7. Terms and conditions are subject to change without notice.