1.1 Subject to paragraph 1.2 all prices quoted are based upon work required to fulfil the client’s instructions and are valid for a period of 30 days from the date of the quote.
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and they are subject to amendment by Gowans & Son Pty Ltd before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of Gowans & Son Pty Ltd.
2. Customers Instructions
2.1 Once accepted by the customer (either verbal or written), Gowans & Son Pty Ltd’s written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, Gowans & Son Pty Ltd shall not be responsible for errors or omissions due to misinterpretation of those instructions.
2.2 Other than only by way of correction any customer additions or alterations to copy when a proof is submitted will be charged for as author’s corrections.
3. Expedited Delivery
3.1 Should delivery of work be required urgently reasonable efforts will be made by Gowans & Son Pty Ltd to secure freedom from defects. However, Gowans & Son Pty Ltd shall not be held responsible for defects caused as a result of the requirement for such urgent delivery.
3.2 Should urgent delivery necessitate overtime work or other additional costs being occurred, an additional charge will be made to cover these additional costs.
4. Outside Work
4.1 If Gowans & Son Pty Ltd has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Gowans & Son Pty Ltd from a third party in order to carry out the customer’s instructions:
a) Gowans & Son Pty Ltd acquires these goods and/or services as agent for the customer and not as principal and 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.
b) The customer must pay for such goods and/or services.
c) Any such goods obtained from a third party, must be obtained on the basis that property in those goods is passed by the third party to Gowans & Son Pty Ltd at the time the goods are incorporated into the work done by Gowans & Son Pty Ltd for the customer.
5. Suspension of Work
5.1 The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Gowans & Son Pty Ltd to payment in full for the portion of work completed.
6. Cancelled Orders
6.1 Orders cannot be cancelled except upon terms, which compensate Gowans & Son Pty Ltd for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7.1 Once the work is completed Gowans & Son Pty Ltd shall invoice the customer for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer’s requirements.
7.2 GST (Goods and Services Tax) shall be charged on the total invoice amount in line with current GST legislation.
7.3 All Invoices shall be paid COD unless prior arrangements are agreed with Gowans & Son Pty Ltd. Any credit arrangements will require an Account Application form to be completed and approved by Gowans & Son Pty Ltd.
7.4 Every endeavour will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
7.5 Gowans & Son Pty Ltd may at its option charge interest at the rate of the Commonwealth Bank of Australia plus 3% on amounts not paid within any agreed credit arrangements, calculated on a daily basis from the date any such amount should have been paid and until the date of payment.
7.6 In the event of the customer being in default of his obligation to pay and the overdue account is then referred to a debt collection agency and/or law firm for collection, the commission payable and legal costs on an indemnity basis shall be added to the amount outstanding and form part of the debt and in the event where the collection agency charges commission on a contingency basis the commission which would be charged if it achieved 100% recovery shall be added to the debt and the total shall be treated as a liquidated sum.
8. Warranties and Undertakings
8.1 The warranties and undertakings which apply to the goods and/or services supplied by Gowans & Son Pty Ltd to the customer, are those applied by the Trade Practices Act 1974, as amended and in force from time to time, which is hereinafter called “the Act”. All other warranties and undertakings are expressly excluded.
9.1 The goods are at the risk of Gowans & Son Pty Ltd until delivered to the customer, or collected by the customer.
9.2 Gowans & Son Pty Ltd shall have no liability for any loss or damage to the goods when in transit.
10.1 To the fullest extent permitted by law, except as provided herein, Gowans & Son Pty Ltd shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of Gowans & Son Pty Ltd’s negligence, or in any way whatsoever.
10.2 Gowans & Son Pty Ltd’s liability for a breach of a condition or warranty implied by Division 2 of Part V of the Act (other than section 69) is hereby limited to:
1. In the case of goods, any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
d) The payment of the cost of having the goods repaired; or
2. In the case of services:
a) The supplying of the services again; or
b) The payment of the cost of having the services supplied again.
10.3 Gowans & Son Pty Ltd will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Gowans & Son Pty Ltd.
10.4 Subject to paragraph 10.3 hereof, Gowans & Son Pty Ltd will not be liable to the customer for the damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Gowans & Son Pty Ltd to exercise due care and skill in handling or storing such property of the customer.
10.5 Force Majeure. Gowans & Son Pty Ltd will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer because of Gowans & Son Pty Ltd’s failure to observe these terms and conditions, where such failure is occasioned by any cause beyond Gowans & Son Pty Ltd’s reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
10.6 Delivery. The delivery terms made known to the customer are estimates only, and Gowans & Son Pty Ltd shall not be liable for any late delivery or non-delivery, and under no circumstances shall Gowans & Son Pty Ltd be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
11.1 Any claims against Gowans & Son Pty Ltd shall be made in writing within fourteen (14) days of receipt of the goods by the customer. No claims shall be made by the customer beyond this period.
12. Non Payment
12.1 Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from Gowans & Son Pty Ltd to the customer.
12.2 If the customer has not paid all sums outstanding in relation to the goods, if directed by Gowans & Son Pty Ltd to do so, the customer must forthwith return the goods to Gowans & Son Pty Ltd.
13.1 Copyright in all artistic and literary works authored by Gowans & Son Pty Ltd shall remain the property of Gowans & Son Pty Ltd unless there is specific agreement to the contrary at the time of Gowans & Son Pty Ltd’s acceptance of your order.
13.2 The customer has warranted to Gowans & Son Pty Ltd, and Gowans & Son Pty Ltd has accepted the customer’s warranty that the customer has copyright in or a licence to authorise Gowans & Son Pty Ltd to reproduce all artistic and literary works supplied by the customer to Gowans & Son Pty Ltd for the purpose of the Order and the Customer hereby expressly authorises Gowans & Son Pty Ltd to reproduce all and any of such works for the purposes aforesaid.
13.3 The Customer indemnifies and agrees to keep indemnified Gowans & Son Pty Ltd against all liability, losses or expenses incurred by Gowans & Son Pty Ltd in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
13.4 The customer is hereby granted a non-exclusive license to use the copyright works created by Gowans & Son Pty Ltd for the purposes of the Order, however such licence is conditional upon Gowans & Son Pty Ltd having received all monies due to Gowans & Son Pty Ltd under these Terms and Conditions.
14.1 The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Gowans & Son Pty Ltd to the customer without Gowans & Son Pty Ltd’s written permission.
15. Electronic Media
15.1 All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Gowans & Son Pty Ltd to store data for the purposes of completing the Order are the property of Gowans & Son Pty Ltd. The customer cannot require Gowans & Son Pty Ltd to supply to the customer any data so stored. In the event that Gowans & Son Pty Ltd does supply data so stored or created, Gowans & Son Pty Ltd may charge the customer for supplying such data.
15.2 Gowans & Son Pty Ltd will not be held responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Gowans & Son Pty Ltd agrees to store such data Gowans & Son Pty Ltd may charge to do so.
16. Goods and Services Tax
16.1 The customer will be liable for any goods and services tax payable because of the supply of goods and/or services by Gowans & Son Pty Ltd to the customer.