Printforce is a real estate printer offering products to thousands of real estate offices throughout Australia.
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A.B.N. 43 009 354 643
17 Kensington Street, East Perth,
Western Australia 6004
Phone: 08 9223 2400
Fax: 08 9223 2402
These terms and conditions cover all Printforce Australia Pty Limited entities including but not limited to Printforce Australia P/L Hero Print, Hero Web & We Print It
Printforce may, if requested by you, give a quotation specifying:
Where Printforce has given you a quotation:
Quotation Evidence of Instructions
If a written quotation is accepted by you, the work as per quote will be carried out and you shall pay for work in accordance with the quotation and our standard terms and conditions.
Printforce may revise Quotation
Printforce may amend any quotation before work has been completed to:
When the work has been completed, Printforce will issue a Tax Invoice to you for the amount of the quotation or, if no quotation was given, for the amount representing the charge of the work done by Printforce in filling your order and for any of the other charges specified in clause below.
Printforce shall notify you when the goods are ready for collection.
You must collect goods from Printforce's premises upon being notified by Printforce that the goods are ready for collection. If Printforce agrees to deliver the goods you shall bear all freight costs and charges associated with the delivery.
Subject to proofing clause you may only reject goods if they do not comply with your instructions. If you wish to reject the goods, you must notify Printforce of the rejection:
The Risk in the goods passes to you:
Time for payment
Unless otherwise agreed in writing by Printforce, you must within 30 days of invoice, pay Printforce the total amount of the invoice.
Interest - Administration Charge
Printforce may charge an accounts administration fee of $30.00 per month on all accounts that are not paid within the specified time.
Advance & Progress payments
You must pay to Printforce any costs, expenses or losses incurred by Printforce as a result of your failure to pay Printforce all amounts outstanding by you to Printforce. This includes but is not limited to debt collection costs, debt collection commissions and legal recovery costs.
Retention of Title
Until you have paid for all amounts outstanding in relation to goods:
Printforce shall, in respect of all amounts owed by you to Printforce have a general lien on all your property in the possession of Printforce and may, after 14 days notice to you, sell such property and apply any proceeds (net of any sale costs) in satisfaction or part of the amounts owed. In the event that any of your property enjoys copyright protection in your favour, you hereby grant Printforce a licence to exercise the rights conferred on Printforce under this clause.
You acknowledge and agree:
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred on you in relation to the provision of the goods or the services which cannot be excluded, restricted or modified by agreement.
Disclaimer of Liability
Printforce disclaims all conditions and warranties expressed or implied and all rights and remedies conferred on you, by statute, common law, equity trade, custom or usage otherwise and all of those conditions and warranties and those rights and remedies are excluded other than any non-excludable rights. To the extent permitted by law, the liability of Printforce for a breach of non- excludable right is limited, at the option of Printforce, to the supply of goods and or services again of payment of the cost of having the goods re supplied.
Not withstanding any other provision of these terms and conditions, Printforce is under no circumstance regardless liable in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
Without limiting general clauses set out, Printforce will not be liable for any loss, however caused, of any data stored on disks, tapes, compact discs, DVD or any other form of media supplied by you to Printforce.
Subject to indirect losses clause, Printforce will not be liable for the damage, loss or destruction of any of your property in the possession of Printforce unless the loss or damage is due to the failure of Printforce to exercise due care, skill and attention in the handling and storage of the property.
Printforce will have no liability to you in relation to any loss, damage or expense caused by the failure of Printforce to complete the order or to deliver the goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of normal suppliers of Printforce to supply necessary materials or any other matter beyond the control of Printforce.
If the contract between Printforce and you relates to more than one issue of a periodical:
Alterations to Style Etc
If before the quotation is prepared, you do not give Printforce specific instructions in relation to style, type or layout:
You must pay for overset matter (being matter produced on your instructions but not used on the publication for which it was intended). You may instruct Printforce to retain overset matter for future issues of the publication or to discard the overset matter.
If Printforce has to obtain goods (including typefaces, paper stock, bromides, film, plates, ornaments or artwork) and services from a third party in order to carry out instructions:
Material Supplied By You
If Printforce and you agree that you are responsible for supplying materials or equipment for the purposes of work:
Property Left with Printforce
If you have property in the possession of Printforce without specific instructions as to what is to be done with it, Printforce will after 12 months of gaining possession of the said property dispose of or sell the property and retain any proceeds of the sale as compensation for holding and handling the property.
Responsibility to Insure
Printforce has no responsibility to insure any of your property in the possession of Printforce. You must pay the cost of any insurance arranged by Printforce at your request.
Unless Printforce and you agree otherwise, all drawings, sketches, paintings, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs or DVD's or any other form of media produced by Printforce in the course of preparation for performing products are the property of Printforce.
You must keep confidential & not use, without the written consent of Printforce any ideas communicated by Printforce to you.
All forms of media other than those supplied by you remain the property of Printforce. Printforce will not supply any form of media that has been used for storage of work. In the event Printforce chooses to supply and form of media, it may charge at its discretion.
Storage of Electronic Data
Printforce will not be responsible for storing any data discs, tapes or compact discs or other media when work has been completed. If Printforce agrees to store such data, it reserves the right to charge accordingly.
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of the right will not preclude any other further exercise of that power or right and or any other power or right. A power or right may only be waived in writing, signed by the party and be bound by the waiver.
All Amounts are GST Exclusive
Unless otherwise stated, all amounts expressed or described in these terms and conditions are GST exclusive. This includes all out of pocket expenses. Printforce will take all available steps to assist with compliance of our GST laws.