Our simple version:
- Intertype will supply your printing, ring binders, tab dividers and associated services to the specification that we mutually agree,
- You will pay us according to the terms stipulated in our proposal or quote and detailed on the invoice,
- If there is a problem, get on the phone as soon as possible and between us we will work it out
Our lawyer’s version:
The following represents our standard terms and conditions of trade. They apply for all work performed by Intertype irrespective of whether a trading account has been established or not.
1. This Application and any documents referred to herein constitute the whole of the Agreement between the parties and no understanding, arrangement or provision not expressly set forth herein shall be binding upon the parties.
2. No variation, modification or alteration of any of the terms of this Application shall be of any effect unless evidenced in writing and executed by each of the parties.
3. The failure of either party at any time to enforce any of the terms or provisions of this Application or to exercise any right hereunder shall not constitute a waiver of the same or affect the party’s right thereafter to enforce the same.
4. If any provision of this Application is deemed to be unlawful or unenforceable, such provision shall be severed from this Application and all other provisions shall remain in force.
5. Intertype hereinafter referred to as “The Company” agrees to supply printing works to the business/person as detailed on the Application for Credit Account hereinafter referred to as “the Applicant” in accordance with the Company’s Scale of Charges as may be amended from time to time.
6. The Company may also supply the Applicant with a quote for proposed printing works, in which event the previous clause shall not be applicable in relation to the printing works which are the subject of the said quote. If accepted within the time limit expressed in the said quote, the Company shall carry out the printing works for the price contained in the said quote, save that the Company may vary the price to reflect changes in the cost of actually providing the said printing works at any time prior to the completion of the said printing works.
7. All accounts are payable within 7 days from the date of invoice.
8. Should the Applicant fail to pay an account by its due date, all outstanding money shall bear interest on daily balances until paid at the rate of 16% per annum and such money together with all interest shall be recoverable forthwith from the Applicant. In addition, the Company’s collection and/or legal costs calculated on a solicitor-client basis will also be recoverable from the Applicant.
9. Until the Applicant has paid all sums outstanding in relation to the printing works;
(a) Property in the printing works does not pass from the Company to the Applicant.
(b) If the printing works are in the Applicant’s possession, the Applicant holds the printing works as trustee for the Company and must store the printing works so that they are clearly identifiable as the property of the Company.
(c) The Company may call for and recover possession of the printing works and the Applicant must deliver the printing works to the Company if so directed by the Company.
10. The Company, in respect of all sums owed by the Applicant, will have a general lien on all property of the Applicant in the possession of the Company and may after 14 days notice to the Applicant sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed.
11. Whilst the Company shall use its best endeavours to provide printing works in a timely manner, it accepts no responsibility in tort or contract or otherwise for any loss arising from, caused by or flowing from any delays in the supply of the printing works whatsoever.
12. The Applicant is solely responsible for the content of the printing works ordered by the Applicant and indemnifies and keeps indemnified the Company from and against any liability, loss, expense, claims or demand for or arising from the content of the said printing works.
13. The Company shall retain ownership and copyright of all data, image and artwork files until such time as the Applicant has paid all sums outstanding in relation to the printing works. The Company shall not be under any obligation to keep or retain the data, image and artwork files. The Company may, in its absolute discretion, enter into a separate agreement with the Applicant in relation to the retention of the data, image and artwork files.
14. The Applicant further agrees that it will retain a copy of all data or information supplied by it to the Company and agrees that it shall not hold the Company liable in any way should the said data or information supplied by it to the Company be lost, damaged or modified in any way by the Company.
15. The Company shall not be liable to the Applicant or to any third parties for any consequential loss arising from, caused by or flowing from any defect in the printing works supplied by the Company or from any matter arising under this Application whatsoever.
16. Any claims relating to defects or shortfalls in the printing works must be made in writing within 7 days of the date of receipt of the printing works by the Applicant. If no claim is made within the said 7 day period, the said printing works are deemed to have been accepted as being without defect or shortfall by the Applicant.
17. The Applicant hereby authorises the Company to disclose to, or obtain from, credit reporting agencies personal information regarding the Applicant and/or its partners, directors or office bearers, for the purpose of assessing the credit worthiness of the Applicant.
18. This Application shall be construed and take effect in accordance with the laws of the State of Victoria.