“If everything seems under control, you’re just
not going fast enough.”
Mario Andretti, Car Racer
chronf
Chronicles of Nevertsmara.top
Tsmara

seegerMANGROVEchair
Seeger Gallery

swell-2
Swell Textiles

Terms and Conditions of TradeAs on commission printers and designers – but more importantly as people, we approach each job with the utmost integrity and intent to do the best work we are capable of. We are conscientious and are out here making our mark as are our customers making theirs. Regardless of if you are an established designer or doing your first pieces we appreciate the opportunity and relish the challenge of making it great – and in turn helping you make your work a reality.

With this attitude in mind – please read our legal terms and conditions.

We require everyone who prints with us to have read and to understand the ‘Terms and Conditions’ so we are covered – as are you within the realms of fair – and in the spirit of the deal, should unexpected circumstances arise.

Firstly, at the time of your delivery of printed fabric – we have undertaken immense amounts of work evaluating your artwork, evaluating and testing your fabric, printing films, shooting and preparing screens, preparing inks and printing your work. This requires great commitment, many hours, many people and significant investment on our part.

This is why we ask for payment as you receive your goods – COD.

We have Eftpos on site and can take credit card payment over the phone.

Screenhaus – Terms and Conditions of Trade

Definitions

1. ‘Seller’ shall mean Printhaus and its successors and assigns.

2. ‘Buyer’ shall mean the buyer or any person acting on behalf of and with the authority of the buyer.

3. ‘Goods’ shall mean goods (including printed fabric) or services (including advise and recommendations) supplied by the Seller to the Buyer.
Acceptance

4. Any instructions received by the Seller from the Buyer for the supply of goods and/or services shall constitute acceptance of the terms and conditions contained herein.

Buyers Disclaimer

5. The Buyer acknowledges that he or she is aware of the limitations of the printing process used and buy the printed fabric relying solely upon his or her own skill, research, testing and judgement as to the suitability of the printed fabric for its intended use.

6. The Buyer warrants that all designs or instructions to the Seller will not the Seller to infringe copyright or any patent, registered design or trademark in the execution of the buyers order.

7.The Buyer acknowledges that he or she is totally responsible for selecting and purchasing the fabric and determining length and its suitability for the printing process and its intended use, and the Buyer will be solely liable for any shortage or defect in the fabric.

8. The Buyer hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him or her by any agent of the seller.
Risk and Liability

9. All goods including printed and unprinted fabric, artwork and positives are held at the buyers risk.

10. The Buyer shall be provided with a printed sample or strike- off using the fabric supplied and the artwork and colours specified in the order, except for repeat orders or unless the Buyer issues specific instructions to the contrary. The Buyer agrees to test any sample or strike-off for suitability for its intended use and to notify the Seller if it is not suitable.

11. The Seller will not be liable for any claims for printed fabric printed to the specifications of the order unless the Buyer notifies the seller prior to printing that the sample or strike-off is not suitable.

12. In the event of any breach of this contract by the Seller the remedies of the buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of printing on the fabric.

13. The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
Delivery

14. Delivery of the goods shall be made to the Buyer at the Sellers premises. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered and shall bear all costs of delivery. The Seller shall not be liable for any loss or damage whatever due to failure to deliver the Goods (or any part of them) promptly or at all.

Defects

15. The Buyer shall inspect the Goods on delivery and shall within (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. The Goods must not be cut or made up into garments or articles prior to inspection by the Seller. If the Buyer should fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

16. The Buyer is not entitled to return the Goods to the Seller for any reason. For defective Goods which the Buyer is entitled to reject, the Sellers liability is limited to refunding the price of printing provided that the Buyer has notified the Seller and allowed inspection in accordance with the previous clause.
Price and Payment

17. Time for payment of the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be due upon delivery of the Goods.

18. The price of the Goods shall be the Sellers’ quoted price which shall be binding on the Seller provided that the Buyer shall accept in writing the Sellers’ quotation within 28 days.

19. If the Seller does not provide a written quotation, then the price shall be the Sellers’ current price at the date of delivery of the Goods according to the Sellers’ current price list which is available for inspection at the Sellers premises upon request.

20. The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.

21. Payment will be made in full on delivery, unless otherwise agreed to between the Buyer and the Seller, and the Buyer shall not set off against the Price amounts due from the Seller. Payment shall be made by cash, EFTPOS, cheque, direct credit or any other method as agreed to between the Buyer and the Seller.

22. The Buyer acknowledges that the Seller may assign collection of outstanding debts of the Buyer to a Credit Collection Agency and the Buyer shall indemnify the Seller from and against all the Sellers (or his nominees) costs and disbursements, including legal costs of a solicitor, undertaken to recover outstanding debts.
Title

23. It is the intention of the Seller and agreed to by the Buyer that property in the goods shall not pass until the Buyer has paid all amounts owing for the particular Goods.

24. The Seller can issue proceedings to recover the price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.

25. In the event that the Seller retains possesion or control of the Goods and the Buyer has not paid all amounts owing for the particular Goods within three (3) months of being tendered for delivery, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal.
Intellectual Property

26. Where the Buyer provides designs, drawings or artwork to the Seller, then the copyright in those designs, drawings and artwork shall remain vested in the Buyer, and shall only be used by the Seller at the Buyers discretion.

27. Where the Seller provides standard in-house designs to the Buyer, then the copyright of those designs shall remain vested in the Seller. The Buyer shall only be provided with a non-exclusive license to use these in-house designs.

28. The Buyer warrants that the use of those designs, drawings or artwork for producing printed fabric shall not infringe the right of any third party.
Trade Practices and Fair Trading

29. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia except to the extent permitted by those Acts where applicable.
Privacy

30. The Buyer agrees that any personal data provided may be used and retained by the Seller for the purpose of providing goods and services, sub-contracting goods and services, marketing, checking the Buyers credit rating, processing payment instruction, and enabling the collection of amounts outstanding.

31. The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

32. The Seller may give information about the Buyer to a credit reporting agency to obtain a consumer credit report and/or allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
General

33. The Seller may license or sub-contract all or any part of its rights and obligations and processes without the Buyers consent.

34. The Seller may cancel these terms and conditions or cancel delivery of the Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

35. If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Make your mark.