TyTags Terms of Trade

Home

Products
       Tags and Labels
          Thermal Printer Labels & Tags
             Thermal Duro Tytags
             Thermal Tyvek Tytags
       Plant Label and Signage Printing Solutions
       Printers
          Laser Printers
          Thermal Printers
       Signage Solutions
       Do-it-Yourself Sign DeSign

Services
       TyTags Printing Services
       Terms of Trade
       Help Desk

About Us

Contact Us

Green Geek

Saturday, May 19, 2012

You are here: »

Web Site

TyTags Australia Pty Ltd – Terms & Conditions of Trade

Conditions of Sale of all goods sold by TyTags Australia Pty. Ltd.
The following Terms and Conditions apply to the purchase of goods from TyTags Australia Pty Ltd. By placing an order you agree to be bound by these Terms and Conditions which constitute the entire agreement between you and us. In this Agreement the Purchaser means you the customer and the Company means TyTags Australia Pty Ltd.
Quotations
Unless previously withdrawn, any quotation is valid for (30) thirty days, or such other period as stated. A quotation is not an obligation to sell but is an invitation to submit an order. As such, no contractual relationship arises until the Company has accepted the Purchaser’s order.
The Purchaser’s Order will be subject to and comply with the Terms & Conditions of the Company.
Price
Unless otherwise stated and confirmed in writing, the price of goods purchased shall be as per the Company’s price list at the time of delivery. Where no price list exists the price shall be that quoted by the Company.
The Company reserves the right to change prices without notice.
Goods and Services Tax (GST) is chargeable where applicable.
Unless otherwise stated, freight is an additional charge.
Orders
Acceptance
The Company reserves the right to accept any order in whole or in part or to refuse any order in whole or in part. Any order must be in writing, bear a reference number and be signed by the Purchaser.
Payment
Payment in full is due prior to shipment (unless otherwise agreed). The company accepts Cheques, BPay, Direct Debit, Visa, MasterCard, American Express and Diners.
Overdue Payment
If the Purchaser defaults in making payment to the Company then the Company reserves the right to charge interest on unpaid amounts at the rate of 12.5% per annum on a daily basis commencing from the date of the default. Further, the Company shall require the Purchaser to reimburse the Company for all collection costs, legal fees and recovery processes.
The Company reserves the right to withhold supply of further goods until outstanding payments are made.
Payment Default
If the Purchaser is in default of payment to the Company and ceases to carry on business, declares bankruptcy, goes into liquidation or a receiver or some other insolvency administration is appointed, the Company shall have the right to immediately and without notice enter the relevant premises occupied by the Purchaser or their agent and retake possession of all or any part of the goods wherever they may be. Further, the Company shall not be liable for trespass or any costs, losses or damages to land or property associated with the re-taking of possession of the goods.
Title
The property and title in the goods passes to the Purchaser only after the price of the goods has been paid in full.
The Company reserves the right at any time to collect and claim possession of any unpaid goods when, in the possession of the Purchaser and when the goods have not been paid for in full.
On-selling of Products
In the event the Purchaser has processed the goods supplied by the Company into other products and on-sold those products prior to title being transferred to the Purchaser, the Purchaser agrees to compensate the Company with an amount equal to the original purchase price of the goods.
Delivery of Goods
The Company undertakes, in most circumstances and unless otherwise stated, to despatch goods within 48 hours of confirmation of order.
The Company shall not be liable for failure to deliver, or any other delay in delivery, arising from any cause beyond the control of the company. The Purchaser shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery or despatch.
The goods shall be at the Purchaser’s risk from the time of delivery.
Defects
The Purchaser shall inspect the ordered goods upon delivery and shall within seven (7) days of delivery notify the Company of any defects, shortage in quantity, damage or failure to comply with the description or quotation.
The Purchaser shall afford the Company an opportunity to inspect the goods within a reasonable time following delivery. If the Purchaser should fail to comply with those provisions as mentioned in the Company’s Terms & Conditions, the goods shall be conclusively presumed to be in accordance with the Terms & Conditions and free from any defects.

Claims and returns
Any claim must be submitted within 4 weeks of delivery of goods. Goods may only be returned upon authorisation by the Company.
Those goods covered by formal warranty are returnable only in accordance with the terms of the warranty provisions.
Goods may only be returned by a carrier approved by the Company.
Cancellations
Orders may only be cancelled upon terms which fully compensate the Company against all and any loss occasioned to it as a result of such cancellation.
Intellectual Property
In the event that designs, images, logos, trademarks and PBR, and other specifications are supplied by the Purchaser for manufacture by or to the order of the Purchaser by the Company, the Purchaser warrants that the use of those elements or specifications shall not infringe the rights of any third party. It is the responsibility of the Purchaser to obtain any licences, approvals or permits required for the manufacture of goods by the Company to order of the Purchaser.
Warranty of Substrates
Substrate information is based on tests believed to be reliable but do not constitute a guarantee or warranty. The company warrants the produced products to be free from defects in materials and workmanship. Any failure of product must be notified to the Company within (30) thirty days of delivery or (7) days of appearance of the failure and include substantiation that the product has been stored and applied in accordance with the Company’s standards and instructions. Defective product should be returned and a replacement will be made without charge. Where replacement is impractical a credit not exceeding the actual price paid for the product will be made.
Any implied warranty of merchantability fitness for particular purposes or other warranty of quality, whether express of implied by law, is hereby excluded to the extent permitted by law. In no event shall the Company be liable for any incidental, indirect or consequential damages including, but not limited to, loss of profit, loss of use or production or loss of capital. The remedies of the Purchaser set forth herein are exclusive. The total potential liability of the company arising out of any contact or from manufacture, sale, delivery, resale, installation or use of any products shall not exceed the purchase price upon which liability is based.
Limitation of Remedies and Liabilities
To the fullest extent permitted by applicable law, the remedies provided here are the Purchaser’s sole and exclusive remedies for breach of this agreement by the Company. In no event will the Company be liable to the Purchaser for any loss or damages, including incidental, consequential, special or indirect damages suffered or incurred in relation to goods, services, recommendations and advice. In no event will the Company’s liability to the Purchaser ever exceed the total amount paid by the Purchaser for the product purchased.
Force Majeure
The Company shall not be liable for any losses or damages and shall be excused from any delay or failure in performance hereunder, caused by any labour dispute or disturbances, government order or requirements, acts of God, casualty, disaster, inability to secure materials and transportation, wars and other civil disturbances and other circumstances beyond its control including failure of its suppliers and/or subcontractors to perform. Circumstances which provide force majeure for the Company will be held to provide force majeure for the Purchaser.
Software Licence
All software products are licensed to the Purchaser on the Terms and Conditions on the applicable licence agreements. These licence agreements are provided with the software.
Limited Warranty
All hardware products come with a Limited Warranty which is included with the product.The terms of the warranty are included into these Terms and Conditions by reference.
Data Protection
By placing an order the Purchaser agrees that the Company may store, process and use relevant data collected from the order for the purposes of processing the order.
By placing an order the Purchaser also agrees that the Company may use the data to provide the Purchaser with information on goods and services that may be of interest.
If the Purchaser does not agree with such use they may contact the Company.
Governing Law and Jurisdiction
These terms of trade will be governed by and construed according to the law of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State