Terms and Conditions of Use
Acknowledgment and acceptance of terms and conditions of use
The Print Me Pty Ltd website (‘print-me.com.au’) is owned and operated by Print Me Pty Ltd. Print Me Pty Ltd may from time to time change this website (including these terms and conditions of use). By browsing or purchasing from this website, you agree to be bound by these terms and conditions of use as amended from time to time (‘Terms and Conditions’). If you do not agree with these Terms and Conditions please do not visit or use the website.
All goods and services attract the Australian Federal Government Goods and Services Tax (‘GST’) of 10%. The prices shown for products and postage and handling include GST, and the total GST paid is shown in the Tax Invoice. All monetary values shown on this website are in Australian Dollars (‘AUD’).
The purchase price of the goods is the purchase price which is applicable at the time you view it. Print Me Pty Ltd reserves the right to vary the price at any time and from time to time to meet a variation in the cost of production. If charged by Print Me Pty Ltd you must pay a delivery fee in respect of each order and any late cancellation fee or additional delivery fee.
Upon delivery of the goods, Print Me Pty Ltd will provide you with a Tax Invoice specifying the total price for the goods, including credits applied and the delivery fee (if any).
You may pay for the goods using your credit card (MasterCard, Visa or American Express). Please note that a 2% surcharge applies to American Express credit card purchases. The credit card payment will be processed as we prepare the order for delivery, which in most cases will be the day of delivery but may be made the day prior to delivery. If your credit card is declined by your financial institution, Print Me Pty Ltd cannot guarantee delivery on a specified date and may contact you to make alternative delivery and payment arrangements. Print Me Pty Ltd may decline to accept payment from you by credit card for any reason, and is not required to give reasons.
For further information on Print Me Pty Ltd’s quotations, customer instructions and order processing refer to Schedule 1.
Copyright and trade marks
Unless otherwise indicated, we reserve all copyright in the content and design of this website. We own all such copyright or use it under licence or applicable law. You may make a temporary copy of part or all of the website on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed.
Subject to the provisions of the applicable law, you must not in any form or by any means:
- otherwise copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website;
- alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or
- use or apply, for commercial purposes any material or information on this website, without the prior written consent of Print Me Pty Ltd.
Any software which you download from this website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by downloading such software you agree to abide by the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this website are the property of their respective owners. Nothing contained on this website is intended to grant any express or implied right for you to use or exploit any patent, copyright, trademark or trade secret information.
Exclusion of liability and overall disclaimer
To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to the material and/or any use of the website.
We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer system. We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.
We may, from time to time, change or add to this website (including these Terms and Conditions) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up to date.
Under no circumstances (including but not limited to any act or omission on the part of Print Me Pty Ltd) will Print Me Pty Ltd be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this website, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Print Me Pty Ltd is expressly advised of the possibility of such loss or damages.
No advice or information, whether oral or written, obtained by you from or through this website creates any warranty not expressly made in these Terms and Conditions.
Subject to any non-excludable provisions in the Australian Consumer Law, Print Me Pty Ltd expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this website.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
How does the Australian Consumer Law distinguish between a major and minor failure? For the supply of goods, a major failure is where:
- the failure is so serious that a consumer who fully understood the failure would not have made the purchase;
- the goods differ significantly from the description given, or sample shown;
- the goods are substantially unfit for the purpose for which such goods are generally used, or for a purpose made known to the supplier, and cannot be modified to make them fit; and
- the goods are unsafe.
A minor failure is a failure to perform which does not meet any of the definitions of “major”.
This website may contain links to other websites. Print Me Pty Ltd makes no representations or warranties about any other website which you may access through a link on this website. Links to those websites should not be construed as any endorsement, approval, recommendation or preference by Print Me Pty Ltd of the owners or operators of those websites, or of any information, products or services referred to in those other websites unless specifically stated.
When you access another website, that other website is independent from this website, and Print Me Pty Ltd has no control over the content on that other website. Links are provided for your convenience only and may not remain current or be maintained. Other websites are not under the control of Print Me Pty Ltd, and Print Me Pty Ltd is not responsible for the accuracy of any information on any other website. Print Me Pty Ltd does not monitor or review the content of any other website. You must take your own precautions to ensure that any other website that you access by link from this website is free from viruses, worms, Trojan horses and other material of a destructive nature.
Print Me Pty Ltd will not monitor or review statements made by persons other than Print Me Pty Ltd (‘Third Parties’) on this website. Third Parties may post statements or information on some portion of this website, from time to time (‘Third Party Posted Material’). Print Me Pty Ltd makes no representations to you in relation to the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Print Me Pty Ltd expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Print Me Pty Ltd is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this website, the use of any other hyper linked website, the use of any other website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Print Me Pty Ltd has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified Print Me Pty Ltd in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any other website, or both.
Your rights and obligations under these Terms and Conditions are governed by the law in force in Victoria, Australia from time to time.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
Limitations on use
Print Me Pty Ltd may revise or alter these Terms and Conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. Nothing contained in these Terms and Conditions derogates from Print Me Pty Ltd’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Print Me Pty Ltd with respect to that use. If Print Me Pty Ltd makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to Print Me Pty Ltd within seven (7) days after that request, that you have done so.
1.1 Subject to these terms and conditions, all prices are based on work specified in the quote.
1.2 Quotes are valid for a period of thirty (30) days from the date of issue.
1.3 Prices quoted are based on the current cost of production, including but not limited to materials, service costs and labour. Print Me Pty Ltd reserves the right to amend the quote at any time to meet a variation in the cost of production.
2. Customer Instructions
2.1 Print Me Pty Ltd agrees to complete the instructions stated on the quote.
2.2 The customer must provide clear, written instructions at the time of quotation. A failure by the customer to provide clear, written instructions resulting in errors or omissions will be the liability of the customer.
2.3 If Print Me Pty Ltd submits a proof to the customer, Print Me Pty Ltd will not be responsible for any errors which appeared in the proof, and which was not corrected by the customer before the order was completed.
2.4 The cost of additions or alterations to any proof will be added to the price (unless changes to the proof are typographical corrections).
2.5 Print Me Pty Ltd will use its best endeavours to deliver the correct quantity ordered. Quantities will at all times be considered estimates and are conditional upon a margin of five percent (5%) being allowed for extras or shortages, which shall be charged for or deducted as appropriate.
3. Urgent Completion of Order
3.1 The customer acknowledges that requiring urgent completion of an Order increases the risk of defects. Print Me Pty Ltd will use reasonable efforts to avoid defects but will not be liable for defects in an urgent completion of an Order.
3.2 The price quoted may be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
4.1 Print Me Pty Ltd will obtain goods and/or services (including typefaces, film and plates) not normally stocked or supplied by Print Me Pty Ltd from a third party in order to carry out the customer’s instructions.
4.2 Print Me Pty Ltd will not be liable for any breach of these Terms and Conditions if that breach result from or is connected with the supply by the third party of goods and/or services.
4.3 Print Me Pty Ltd acquires third party goods and/or services as agent for the customer and not as principal. Print Me Pty Ltd will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party supplier.
4.4 Any such goods or services are obtained on the basis that title in those goods does not pass to the customer until the goods are accepted by the customer and full payment has been received from the customer by Print Me Pty Ltd and thereafter paid to the third party.
5. Suspension of Work
The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, entitles Print Me Pty Ltd to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
The cancellation by the customer of an order entitles Print Me Pty Ltd to payment for work done, time spent, materials used and goods/services acquired for the purposes of the order, up to and including the date of the cancellation.
7. Material Supplied by customer
7.1 If Print Me Pty Ltd and the customer agree that the customer is responsible for supplying materials for the purposes of the order, the customer must supply enough materials to allow for spoilage, the total quantity to be specified by Print Me Pty Ltd.
7.2 Print Me Pty Ltd will not normally count or check materials supplied by the customer and if requested by the customer to do so, may charge for counting or checking.
7.3 Print Me Pty Ltd will not be responsible for defects in the goods which are caused by defects in or the unsuitability of materials supplied by the customer.
7.4 At the time that the customer’s materials are incorporated into the work, the title to the said materials passes to Print Me Pty Ltd in consideration of Print Me Pty Ltd entering into the agreement to accept the customer’s materials.
7.5 If a customer leaves property in the possession of Print Me Pty Ltd without specific written instructions as to what is to be done with it, Print Me Pty Ltd may charge reasonable storage fees, and twelve (12) calendar months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as payment for storing, handling and selling the property.
8.1 Print Me Pty Ltd will notify the customer when the order is ready for collection.
8.2 The customer will collect the goods from the premises of Print Me Pty Ltd.
8.3 If Print Me Pty Ltd agrees to deliver the goods, the customer will pay the costs of delivery.
9.1 After the order is completed, Print Me Pty Ltd will invoice the customer for the quoted price, plus any additional charges referred to in these terms and conditions.
9.2 All invoices must be paid Cash on Delivery (COD) unless prior arrangements are agreed with Print Me Pty Ltd. Any credit arrangements will require an Account Application form to be completed and approved by Print Me Pty Ltd.
9.3 Print Me Pty Ltd may at its discretion issue an invoice for the total amount before commencing the order, or may issue periodic invoices throughout the work in progress for a proportion of the quote and require that to be paid in advance of any further work being done where Print Me Pty Ltd believes it is prudent to do so, including but not limited to the following circumstances:
(a) the job will take more than one month in production; and/or
(b) Print Me Pty Ltd has not previously carried out work for the customer.
10. Personal Property Securities Act
10.1 The customer acknowledges and agrees that:
(a) these Terms and Conditions give rise to a security interest and constitute a security agreement for the purposes of the Personal Property Securities Act 2010; and
(b) the security interest is taken in all goods previously supplied by Print Me Pty Ltd to the customer (if any) and all goods that will be supplied in the future by Print Me Pty Ltd to the customer during the continuance of the parties’ relationship.
10.2 The customer undertakes to:
(a) sign any further documents and/or provide any further information, such information to be complete, accurate and up to date in all respects, which Print Me Pty Ltd may reasonably require to register a financing statement on the Personal Property Securities Register;
(b) reimburse Print Me Pty Ltd for all expenses incurred in registering a financing statement or financing charge statement on the personal Property Security Register;
(c) give Print Me Pty Ltd not less than fourteen (14) days prior written notice of any proposed change in the customers name and/or any other change in the customers contact details.
10.3 The customer waives any rights to receive notice of any verification statement issued under the Personal Properties Securities Act.
© 2012 Print Me Pty Ltd
All rights reserved. Not to be reproduced without consent.