Terms and Conditions
These terms apply to any orders or goods purchased by you from Eureka Printers. We recommend you consult and read these carefully prior to placing an order.
Eureka Press Pty Ltd (ACN 007 757 799; ABN: 35 007 757 799) as trustee for The Mansfield Unit Trust (ABN 80 433 215 238) trading as Eureka Printers.
These terms and conditions of supply, apply to customers of Eureka Printers. By placing an order with Eureka Printers, either by phone, email, website or by other means, the Customer is deemed to have accepted these terms and conditions, together with the terms and conditions relevant to any quotation.
- “Goods” shall mean all Goods supplied by Eureka Printers to the Customer, and where the context so permits shall include any supply of Services including advice or recommendations.
- “Price” shall mean the Price payable for the Goods or Services as agreed between Eureka Printers and the Customer.
- Any instructions received by Eureka Printers from the Customer for the supply of Goods or Services, shall constitute acceptance of the terms and conditions contained herein.
Quotations and Orders
- Quotations are based on the cost of materials available at the time of quotation, and Eureka Printers has the right to make any necessary adjustments and correct any errors.
- If the Customer varies the order after receipt of a quotation or order placement, or requests Eureka Printers to make adjustments to files or to the job specifications, Eureka Printers reserve the right to vary the price and present an additional invoice item or invoice for any extra amount caused by the variation.
Price and Payment
- At Eureka Printers’ sole discretion the Price shall be either:
- as indicated on invoices provided by Eureka Printers to the Customer in respect of Goods supplied; or
- the quoted Price (subject to clause 2) which shall be binding upon Eureka Printers, provided that the Customer shall accept Eureka Printers’ quotation within thirty (30) days.
- Eureka Printers reserve the right to change the Price in the event of a variation to the quotation specifications. Any variation from the quotation, plan of scheduled works, or specifications as a result of increases to the cost of materials and labour will be charged for on the basis of Eureka Printers’ quotation, and will be shown as variations on the invoice. Payment for all variations must be made in full at the time of completion.
- Eureka Printers may amend the Price before the order has been completed to take into account any rise or fall in the cost of performing the order, and Eureka Printers shall notify the Customer of such amendment as soon as practicable thereafter. Upon Eureka Printers providing the Customer notification of such amendment, the amended estimate shall be deemed to be the Price for the purposes of these terms and conditions.
- At Eureka Printers’ sole discretion a non-refundable deposit may be required.
- At Eureka Printers’ sole discretion:
- payment shall be due on delivery or collection of the Goods; or
- payment shall be due before delivery or collection of the Goods; or
- payment for approved customers shall be due thirty (30) days following the end of the month in which a statement is delivered to the Customer’s address or address for notices.
Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a bank surcharge of up to two percent (2%) of the Price), or by direct credit.
- The Customer acknowledges that whilst Eureka Printers will make every endeavour to produce the exact number of items in the Order, owing to human and/or machine/computer error the number of items actually produced may be 10% over or under the number specified in the Order.
- Where such a variation occurs Eureka Printers will adjust the amount charged to the Customer for the Order as a pro rata amount, to reflect the actual number of items produced.
- If the Order is suspended for more than 30 days at the request of the Customer, or as a result of something for which the Customer is responsible, Eureka Printers may issue an invoice for a particular sum (to be specified by Eureka Printers) for the work already done and for other costs incurred by Eureka Printers (such as storage costs).
Delivery of Goods
- At Eureka Printers’ sole discretion, delivery of the Goods shall take place when:
- the Customer takes possession of the Goods at Eureka Printers’ address; or
- the Customer takes possession of the Goods at Eureka Printers’ nominated address (in the event that the Goods are delivered by Eureka Printers or Eureka Printers’ nominated carrier); or
- the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
- The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer or the Customer’s agent is unable to take delivery of the Goods as arranged, then Eureka Printers shall be entitled to charge a fee for re-delivery.
- Delivery of the Goods to a third party nominated by the Customer, is deemed to be delivery to the Customer for the purposes of this agreement.
- The failure of Eureka Printers to deliver, shall not entitle either party to treat this contract as repudiated.
- Eureka Printers shall not be liable for any loss or damage whatsoever due to failure by Eureka Printers to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Eureka Printers.
- Eureka Printers shall not be liable for insurance, freight or loss, or damage to Goods in transit incurred in delivery, or which have been left at Eureka Printers’ premises.
- Eureka Printers has no obligation to insure any property in Eureka Printers’ possession.
- If a Customer leaves property in Eureka Printers’ possession for more than 3 months, Eureka Printers may dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
Production Process and Risk
- Whilst every care is taken by Eureka Printers to carry out the instructions of the Customer, it is the Customer’s responsibility to undertake a final proof read of the Goods. Eureka Printers shall be under no liability whatever for any errors not corrected by the Customer in the final proof reading. Should the Customer’s alterations require additional proofs this shall be invoiced as an extra.
- Proofs will not be supplied to the Customer unless specified in the quotation. Eureka Printers is not responsible for production errors if:
(a) proofs are not requested by the Customer; or
(b) the work is printed with the Customer’s approval; or
(c) changes are communicated orally; or
(d) the opportunity to view and authorise a proof is declined.
- The cost of any additions, alterations or corrections to the proof after prior approval by the Customer will be added to the price.
Where the Customer requests a press check, the Customer must be present to authorise the printing process. Any lost press time (including for additional adjustments or alterations made by the Customer) must be paid for by the Customer.
- The Customer acknowledges that differences in paper, equipment and ink, may cause a variation in colour, and such variation will not detract from the order being acceptable and completed.
- While every effort will be taken by Eureka Printers to match colours, Eureka Printers shall be under no liability whatever to the Customer for any variation in colours between the Customer’s samples and the finished Goods.
- Eureka Printers shall not be held liable for inks fading or deteriorating through general wear and tear.
- All artwork, designs, typesetting, proofs, drawings, sketches, paintings, photographs, dummies, blocks, engravings, dies, plates or cylinders, electronic data or other media, or data and other material produced by Eureka Printers 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 Eureka Printers.
- The Customer cannot require Eureka Printers to supply the Customer any data so stored. In the event Eureka Printers does supply any data so stored or created, Eureka Printers may charge for retrieval and supplying such data to the Customer.
- Eureka Printers will not be responsible for storing any data when the Order has been completed. If Eureka Printers agrees to store such data, Eureka Printers may charge for doing so.
Retention of Title
- Eureka Printers and the Customer agree that ownership of the Goods shall not pass until:
- the Customer has paid Eureka Printers all amounts owing for the particular Goods; and
- the Customer has met all other obligations due by the Customer to Eureka Printers in respect of all contracts between Eureka Printers and the Customer.
- Receipt by Eureka Printers of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Eureka Printers’ ownership or rights in respect of the Goods shall continue.
- It is further agreed that:
- where practicable the Goods shall be kept separate and identifiable until Eureka Printers shall have received payment and all other obligations of the Customer are met; and
- until such time as ownership of the Goods shall pass from Eureka Printers to the Customer, Eureka Printers may give notice in writing to the Customer to return the Goods or any of them to Eureka Printers. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
- Eureka Printers shall have the right of stopping the Goods in transit whether or not delivery has been made; and
- if the Customer fails to return the Goods to Eureka Printers then Eureka Printers or Eureka Printers’ agent may (as the invitee of the Customer) enter upon, and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods; and
- the Customer is only a trustee of the Goods and until such time as Eureka Printers has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to Eureka Printers for the Goods, on trust for Eureka Printers; and
- the Customer shall not deal with the money of Eureka Printers in any way which may be adverse to Eureka Printers; and
- the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Eureka Printers; and
- Eureka Printers can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
- until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that Eureka Printers will be the owner of the end products.
Shortcomings and Deficiencies
- The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Eureka Printers of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
- The Customer shall afford Eureka Printers an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.
- If the Customer shall fail to comply with these provisions, the Goods shall be presumed to be free from any defect or damage.
- For defective Goods, which Eureka Printers has agreed in writing that the Customer is entitled to reject, Eureka Printers’ liability is limited to either (at Eureka Printers’ discretion)
- replacing the Goods; or
- repairing the Goods; or
- refunding of the purchase price of resupplying the Goods.
- Eureka Printers will not be liable for Goods which have not been stored or used in a proper manner.
- Eureka Printers will have no liability to the Customer in relation to any loss, damage or expense caused by Eureka Printers’ failure to complete the Order or to deliver the Goods as a result of fire, flood, tempest, earthquake, loss of power, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of Eureka Printers’ normal suppliers to supply necessary materials or any other matter beyond Eureka Printers’ control.
- Where Eureka Printers has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain the property of Eureka Printers, and shall only be used by the Customer at Eureka Printers’ discretion.
- The Customer warrants that the Customer has copyright in or a licence to authorise Eureka Printers to reproduce, all works supplied by the Customer to Eureka Printers for the purposes of the Order, and the Customer hereby expressly authorises Eureka Printers to reproduce all and any of such works for the purposes aforesaid;
- The Customer hereby indemnifies and agrees to keep indemnified Eureka Printers against all liability, losses or expenses incurred by Eureka Printers in relation to, or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in such works supplied as aforesaid.
- The Customer is hereby granted a non-exclusive licence to use the copyright in any works authored by Eureka Printers for the purposes of the Order. However, the exercise of such licence shall be conditional upon Eureka Printers having received all monies due to Eureka Printers under these Terms and Conditions.
- The Customer must keep confidential and not use any ideas communicated by Eureka Printers to the Customer without Eureka Printers’ written consent.
- The Customer warrants that all designs or instructions to Eureka Printers will not cause Eureka Printers to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Eureka Printers against any action taken by a third party against Eureka Printers in respect of any such infringement.
- The Customer agrees that Eureka Printers may use any documents, designs, drawings or Goods created by Eureka Printers for the purposes of advertising, marketing, or entry into any competition.
- Eureka Printers may cancel any contract to which these terms and conditions apply, or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Eureka Printers shall repay to the Customer any sums paid in respect of the Price. Eureka Printers shall not be liable for any loss or damage whatsoever arising from such cancellation.
- Cancellation of orders for Goods made to the Customer’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
- These terms and conditions and any contract to which they apply shall be governed by the laws of South Australia and are subject to the jurisdiction of the courts of Adelaide, South Australia.
- Eureka Printers shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Eureka Printers of these terms and conditions.
- In the event of any breach of this contract by Eureka Printers the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
- The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Eureka Printers nor to withhold payment of any invoice because part of that invoice is in dispute.
- Eureka Printers may license or sub-contract all or any part of its rights and obligations without the Customer’s approval
- The Customer agrees that Eureka Printers may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Eureka Printers notifies the Customer of such change. The Customer shall be under no obligation to accept such changes except where Eureka Printers supplies further Goods to the Customer and the Customer accepts such Goods.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The failure by Eureka Printers to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Eureka Printers’ right to subsequently enforce that provision.
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