All goods and services purchased from The Bindery are sold strictly in accordance with The Bindery’s standard terms and conditions of sale as recommended by the Printing Industries Association of Australia.
The Bindery reserve the right to deliver +/- 5% of the quantity ordered.
In the event of a misunderstanding, conflict of opinion or dispute, The Bindery will refer to the standards as laid down in the A.G.P.S publication, Australian Print Standards ISBN 0 644 25598 6
Please follow links below for detailed terms and conditions:
1. Introduction
2. Quotations
3. Charges
4. Delivery
5. Payment
6. Non-Payment
7. Liability
8. General Matters
1.1 Application of Terms and Conditions
These Terms and Conditions are incorporated into any contract between The Bindery and client for the supply of goods and/or services by The Bindery to the client.
1.2 Interpretation
In these Terms and Conditions;
"Business Day" means a day on which banks are open for general banking business in the State or Territory in which The Bindery’s premises are located.
"Estimate" means the estimate referred to in sub-clause 2 (as amended with clause).
"Goods" means the final goods produced by The Bindery by completing the order.
"Order" means the work required to be done in order to fulfil the customer’s instructions.
"Quote" means the quote described in clause 2.1
2.1 The Bindery to supply quote. The Bindery may give the client a quotation specifying :
a) The work required to be done in order to fulfil the customers instructions; and
b) An estimate of The Bindery’s charge
The quotation shall not constitute an offer and may be varied or withdrawn by The Bindery at any time prior to acceptance by the client.
2.2 Acceptance by Client
When The Bindery has given the client the quotation:
a) The Bindery need not commence work until the quote has been accepted by the client.
b) The client may accept the quotation by instructing The Bindery to commence work.
c) Acceptance by the client of the quote will constitute acceptance by the client of these Terms and Conditions.
2.3 Quote evidence of instructions
If a written quote is accepted by the client, the written quote will be conclusive proof of the client’s instructions and the order.
2.4 Revision of Estimate
Unless The Bindery and the client agree otherwise, the estimate may at any time before the order is completed, be amended by The Bindery to take into account any rise or fall in the cost of performing the order.
3.1 Invoices
When the order has been completed, The Bindery may issue an invoice to the client for the amount of the estimate or, if no estimate was made, an amount representing The Bindery’s charge for the work done, and for any of the other charges specified in clause 3.2. If permitted by these Terms and Conditions, The Bindery may, at other times, issue invoices to the client.
3.2 Charges additional to quoted price
In addition to the amount of the estimate, The Bindery may charge the client:
a) the amount of any G.S.T payable on:
(i) the Goods
(ii) any goods produced in the course of performing the order
b) fees for any preliminary work required to be done as a result of the client’s request
c) fees for additional work required to be done as a result of the client’s changing his, her or its instructions or by the material being badly presented;
d) fees and other charges for work required to be done urgently, including any overtime costs;
e) fees for handling or storing material or equipment supplied by the client for the purposes of the order;
f) freight costs and charges;
g) all dummy/samples will be charged in accordancewith the current price schedule. If The Bindery is successful in obtaining the job/order, the invoice cost of the initial dummy/sample will be deducted from the price of the job. (The refund will not be applicable to any of the multiple dummies of the same job).
h) other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause;
3.3 Verbal Instructions
Where verbal instructions only are received from the client, The Bindery shall not be responsible for errors or omissions due to oversight or misinterpretation of these instructions.
4.1 Notification
The Bindery must notify the client when the Goods are ready for collection.
4.2 Collection
Unless The Bindery and the client agree otherwise, the client must collect the Goodsfrom The Bindery’s premises upon being notified by The Bindery that the Goods are ready for collection
4.3 Rejection
The client may only reject the Goods if they do not comply with the client’s instructions. If the client wishes to reject the Goods, the client must notify The Bindery of the rejection.
(a) if The Bindery is required to deliver the Goods to client’s premises within 7 days of delivery (or such other time as is agreed);
(b) otherwise within 7 days of notification that the goods are ready for collection (or such other time as is agreed).
4.4 Risk
The risk in the Goods passes to the client:
(a) if The Bindery is required to deliver the Goods to the client’s premises at the time of delivery;
(b) otherwise at the time The Bindery notifies the client that the Goods are ready for collection.
If the client is entitled to reject the Goods and rejects the Goods in accordance with these terms and conditions, risk reverts to The Bindery at the time the client notifies The Bindery that the goods are rejected.
4.5 Quantity delivered
Every endeavor will be made to deliver the correct quantity delivered, but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of five percent being allowed for overs or shortages which shall be charged or deducted on a run-on cost basis.
5.1 Time of Payment
Unless The Bindery and customer agree otherwise, the customer must, within 30 days of receiving The Bindery invoice, pay to The Bindery the total amount set out in the invoice.
5.2 Interest
The Bindery may charge interest at the 90-day bill rate on amounts not paid within the time specified in clause 5.1.
5.3 New Clients
If The Bindery has not previously done work for the client, The Bindery will issue an invoice for the amount of the invoice, and receive payment before the job is delivered. This C.O.D. arrangement will apply to the first three jobs carried out for a new client, before credit terms are put in place.
5.4 Advance and progress payments
If completing the Order will take more than a month, at any time before the Order is completed, The Bindery may issue one or more invoices for a proportion of the amount of the Estimate (the proportion to be at The Bindery’s discretion) or require a proportion of the estimate to be paid in advance of any work being done.
5.5 Suspension of work
If the order is suspended for more than 30 days at the request of the client or as a result of something for which the client is responsible, The Bindery may issue an invoice for a particular sum (to be specified by The Bindery) for the work already done and for costs incurred by The Bindery (such as storage costs).
5.6 Damages
The client must pay The Bindery any costs, expenses or losses incurred by The Bindery as a result of the client’s failure to pay The Bindery all sums outstanding from the client to the The Bindery (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).
6.1 Retention of ownership
Until the client has paid all sums outstanding in relation to the Goods:
(a) Property in the Goods does not pass from The Bindery to the client.
(b) If the Goods are in the client’s possession, the client holds the Goods as trustee for
The Bindery and must store the Goods so that they are clearly identifiable as the property of The Bindery.
(c) The Bindery may call for and recover possession of the Goods (for which purposes The Bindery’s employees or agents may enter the client’s premises and take possession of the Goods without liability to the client and the client must deliver the Goods to The Bindery if so directed by The Bindery.
(d) The client may, in the ordinary course of the client’s business sell the Goods to a third party but:
(i) The proceeds of sale to the third party are held by the client as trustee for The Bindery and the client must account to The Bindery for those sums.
(ii) If The Bindery requires, the client must assign to The Bindery the client’s claim against the third party and must execute all documents necessary to effect that management.
6.2 General lien
The Bindery shall, in respect of all sums owed by the customer to The Bindery, have a general lien on all property of the client in The Bindery’s possession and may after 14 days’ notice to the client sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed.
7.1 Proofs and Dummies
If The Bindery submits to the customer a proof or dummy of the Goods, The Bindery will not be responsible for any errors in the Goods which appeared in the proof or dummy and which were not corrected by the client before the order was completed.
7.2 Non-excludable Rights
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 the client in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement
(‘Non-excludable Rights’).
7.3 Disclaimer of Liability
The Bindery disclaims all conditions and warranties expressed or implied and all rights and remedies conferred on the client, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any non-excludable Rights. Where (and to the extent) permitted by law, the liability of The Bindery for a breach of a non-excludable Right is limited at The Bindery’s option, to the supplying of the Goods and / or any services again or payment of the cost of having the Goods and / or any services supplied again.
7.4 Indirect Losses
Notwithstanding any other provision of this agreement, The Bindery is in no circumstances (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the client for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever.
7.5 Client’s property
The Bindery will not be liable for the damage, loss or destruction of any property of the customer in The Bindery’s possession unless the loss or damage is due to the failure of The Bindery to exercise due care and skill in handling or storing the property.
7.6 Force Majeure
The Bindery will have no liability to the client in relation to any loss, damage or expense caused by The Bindery’s failure 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 The Bindery’s normal suppliers to supply necessary materials or any other matter beyond The Bindery’s control.
8.1 Periodicals
If the contract between The Bindery and the client relates to more than one issue of a periodical:
(a) Each issue will, for the purpose of these Terms and Conditions, be considered to be one order.
(b) Subject to sub-clause (c) a party may not terminate a contract to which these Terms and Conditions apply unless:
(i) in the case of periodicals published weekly or more frequently, that party has given 4 weeks’ notice of that party’s intention to terminate the contract;
(ii) in the case of periodicals published fortnightly or more frequently (but less frequently than weekly), that party has given 8 weeks’ notice of that party’s intention to terminate the contract;
(iii) in the case of periodicals published less frequently than fortnightly, that party has given 13 weeks’ notice of that party’s intention to terminate the contract.
(c) Notwithstanding sub-clause (b), The Bindery may terminate the contract at any time if the customer is in breach of any of provision of these Terms and Conditions relating to payment.
8.2 Outside Work
If The Bindery has to obtain goods and/or services not normally stocked and supplied by The Bindery from a third party in order to carry out the client’s instructions:
(a) The Bindery will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of the goods and/or services.
(b) The Bindery acquires the goods and/or services as agent for the client and not as principal and will have no liability to the client in relation to the supply of those goods and/or services. Any claim by the client in relation to the supply of those goods and/or services must be made directly against the third party.
(c) The client must pay for the goods and/or services.
(d) Property in any goods obtained from a third party and incorporated into the Goods passes to The Bindery at the time of incorporation.
8.3 Material Supplied by Client
If The Bindery and the client agree that the client is responsible for supplying materials or equipment for the purposes of the Order:
(a) The client must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by The Bindery.
(b) The Bindery will not normally count or check the materials and if requested by the client to do so may charge for counting or checking.
(c) The Bindery will not be responsible for any defects in the Goods which are caused by defects in or the unsuitability of materials or equipment supplied by the client.
(d) Property in any materials supplied by the client and incorporated into the Goods passes to The Bindery at the time of incorporation.
8.4 Property left with The BinderyIf the client leaves property in The Bindery’s possession without specific instructions as to what is to be done with it, The Bindery may, 12 months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
8.5 Responsibility to Insure
The Bindery has no obligation to insure any property of the client in The Bindery’s possession. The client must pay the cost of any insurance arranged by The Bindery at the request of the client.
8.6 Ancillary Materials
Unless The Bindery and client agree otherwise, drawings, sketches, paintings, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, Electro’s, stereos and other material produced by The Bindery in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of The Bindery.
8.7 Copyright
(a) Unless The Bindery and the customer agree otherwise, the copyright in all works of art created by The Bindery is the property of The Bindery.
(b) The client
(i) warrants that the client has copyright in all works of art supplied by the client to The Bindery for the purposes of the Order: and
(ii) must indemnify The Bindery against all liability, losses or expenses incurred by The Bindery in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright.
8.8 Ideas
The client must keep confidential and not use any ideas communicated by The Bindery to the client without The Bindery’s consent.
8.9 No Waiver
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 a power or right will not preclude any other or further exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
8.10 Severability
Any provision in these Terms and Conditions is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
8.11 Governing law and jurisdiction
These Terms and Conditions are governed by the law in force in the State or Territory in which The Bindery premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.
