Subject to paragraphs 1.2, 2, 3 and 4, all prices quoted are based on work specified in the quote (or the verbal instructions given at time of order). Quotes are valid for a period of 30 days from their date. Quotes will be deemed accepted upon the Customer making an Order.
Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and are subject to amendment by Aldinga Media 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 Aldinga Media.
Customers Instructions
Aldinga Media shall only be required to fulfil the instructions specified in the quote. The customer is responsible to provide written instructions at the time of quotation. Aldinga Media shall not be responsible for errors or omissions due to misinterpretation of verbal instructions.
The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).
Expedited Completion of Order
Customer acknowledges that a requirement for urgent completion of an Order increases the likelihood of defects. Aldinga Media will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of an Order.
The price may be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
Outside Work
If Aldinga Media has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Aldinga Media from a third party in order to carry out the customer’s instructions: a) Aldinga Media 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 such goods and/or service. b) Aldinga Media acquires these goods and/or services as agent for the customer and not as principal. It 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. c) The customer must pay for such goods and/or services. d) Any such goods are obtained on the basis that title in those goods passes to Aldinga Media when the goods are incorporated into the work done by Aldinga Media.
Suspension of Work
The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, entitles Aldinga Media to payment in full for the work completed up to the suspension date.
Cancelled Orders
Orders cannot be cancelled except upon terms, which compensate Aldinga Media for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
Delivery
Aldinga Media shall notify the customer when the goods are ready for collection.
The customer must collect the goods from Aldinga Media’s premises upon being notified by Aldinga Media that the goods are ready for collection. If Aldinga Media agrees to deliver the goods, the customer shall bear all freight and charges of such delivery unless included in quoted price.
Payment
Once the work is completed Aldinga Media will invoice the customer for the quoted price plus any additional charges referred to above.
All Invoices shall be paid COD unless prior arrangements are agreed with Aldinga Media. Any credit arrangements will require an Account Application form to be completed and approved by Aldinga Media.
Aldinga Media will use its best endeavours to deliver the correct quantity ordered however quantities will at all times be considered estimates only and are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
Aldinga Media may at its option charge interest (at the rate of the Commonwealth Bank of Australia on overdrafts not exceeding $10,000 plus 3%) on amounts not paid when due, such interest is to be calculated on a daily basis from the date any such amount should have been paid until the date of payment.
The customer must pay to Aldinga Media any costs, expenses or losses incurred by Aldinga Media as a result of the customer’s failure to pay Aldinga Media all sums outstanding from the customer to Aldinga Media (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
Warranties and Conditions
Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Aldinga Media are expressly excluded (unless such warranties cannot at law be excluded).
Risk
The risk in the goods passes to the customer at time of delivery if Aldinga Media delivers the goods to the customer’s premises. Otherwise, title passes at the time Aldinga Media notifies the customer that the goods are ready for collection.
Aldinga Media shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
Aldinga Media has no obligation to insure any property of the customer in Aldinga Media’s possession. The customer must pay the cost of any insurance arranged by Aldinga Media at the request of the customer.
If a customer leaves property in Aldinga Media’s possession without specific instructions as to what is to be done with it, Aldinga Media 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.
Liability
To the fullest extent permitted by law, except as provided herein, Aldinga Media 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 arising out of Aldinga Media’s negligence, or in any way whatsoever.
Aldinga Media acknowledges liability for implied warranties under Trade Practices Act 1974, (the Act) provided that 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.
Aldinga Media 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 Aldinga Media or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Aldinga Media to exercise due care and skill in handling or storing such property.
Force Majeure. Aldinga Media will not be liable for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond Aldinga Media’s reasonable control, including and without limiting the generality of the foregoing by war, insurrection, terrorism, 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.
Completion and or Delivery. The completion and or delivery terms are estimates only. Aldinga Media will not be liable for any loss, damage or delay suffered by the customer because of late completion of Order and or delivery; or non completion of Order or of non-delivery of goods or services.
Claims
The customer must inspect goods or services supplied by Aldinga Media within 14 days from delivery or otherwise, within 14 days of notification that the goods are ready for collection. Any claims against Aldinga Media must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
Non Payment
Until the customer has paid all sums outstanding for the goods supplied, title to the goods shall not pass from Aldinga Media to the customer.
If the customer has not paid all sums outstanding in relation to the goods, the customer must forthwith return the goods to Aldinga Media if so directed by Aldinga Media.
If the customer has not paid all sums outstanding for services or subscriptions such as, but not limited to, email services, hosting or domains, Aldinga Media reserves the right to suspend or cancel services.
Copyright
Copyright in all artistic and literary works authored by Aldinga Media shall remain the property of Aldinga Media unless there is a written agreement to the contrary.
The customer warrants to Aldinga Media, that the customer has copyright in or a licence to authorise Aldinga Media to reproduce all artistic and literary works supplied by the customer to Aldinga Media for the purpose of the Order. The Customer expressly authorises Aldinga Media to reproduce all and any of such works for the purposes of the Order.
The Customer indemnifies and agrees to keep Aldinga Media indemnified against all liability, losses or expenses incurred by Aldinga Media in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in materials supplied by the customer.
Conditional upon receipt of payment in full for the work performed by Aldinga Media, Aldinga Media grants to the customer a non-exclusive license to use the copyright in works created by Aldinga Media for the purposes of the Order.
Confidentiality
The customer must keep confidential and must not (without Aldinga Media’s written consent) use any ideas, systems or processes communicated or made available by Aldinga Media to the customer.
Intellectual Property
All original artwork, designs and concepts produced by Aldinga Media, if not paid for upfront, remains the property of Aldinga Media.
Aldinga Media offers a free design service when the customer engages Aldinga Media for printing or online marketing services.
The customer may request artwork for use with an alternate service provider after the customer pays the listed release fee. The standard release fee is set at $290 per design
Release fees must be paid for in full prior to release of digital files.
Complete branding packages must be paid for in full prior to release of digital files. Branding package release fees are based on the listed price.
Electronic Media
All Discs, tapes, compact discs or other media (other than the media supplied by the customer) used by Aldinga Media to store data for the purposes of completing the Order are the property of Aldinga Media. The customer cannot require Aldinga Media to supply to the customer any such data. Aldinga Media may charge the customer for supplying such data where it chooses to supply such data to the customer.
Aldinga Media will not be liable for storing any data on discs, tapes, compact discs or other media when the Order has been completed. If Aldinga Media agrees to store such data, Aldinga Media may charge the customer to do so.
Goods and Services Tax
The customer will be liable for any goods and services tax payable on the supply of goods and/or services by Aldinga Media to the customer.
