Terms and Conditions of Trading

NOTE: “EPA” means Express Promotions Australia Pty. Ltd. T/a Forms Express.

Quotations
Estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment by EPA before or after acceptance of the quotation to meet any rise and fall in such costs between the date of quotation and the date of execution of the order.
When quotations are based on specifications, roughs, layouts, samples or dummies or printed, typewritten or other good copy, any extra work or cost caused by any variation by the customer of his original instructions or by the manuscript copy being poorly prepared or by the customer’s requirements being different from those originally submitted or described, may be charged to the customer.
Once accepted by the customer, the printer’s written quotation shall be deemed to interpret correctly the customer’s instructions, whether written or verbal.  Where verbal instructions only are received from the customer EPA shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.

1. Preliminary Work

All work carried out, whether experimentally or otherwise, at a customers request will be charged to the customer.

1. Proofs

Proofs of all work may be submitted for customer’s approval and EPA shall incur no liability for any errors not corrected by the customer in proofs so submitted.  Customer’s alterations and additional proofs necessitated thereby shall be charged as an extra.  When style, type or layout is left to EPA’s judgement, changes therefrom made by the customer shall be charged as an extra.

1. Author’s Corrections

All extra work caused by author’s corrections including resetting and/or the over-running of composition shall be charged as an extra.

1. Type and Other Material

Unless otherwise agreed, the customer shall bear the cost of bromides, film, ornaments or artwork, specifically bought at his request for his work.

Outside Work
Where the performance of any contract with the customer requires EPA to obtain goods or services from a third party, the contract between EPA and the customer shall incorporate and shall be subject to the conditions of supply of such goods and services to EPA, and the customer shall be liable for the cost in full of such goods or services.

Delivery
Upon notification to the customer that the work has been completed, delivery of the goods shall be deemed to have been made, ownership of the goods shall pass to the customer, and the goods thereafter shall be at the customer’s risk.
The customer shall be deemed to have accepted the goods if, within fourteen (14) days (or such other period as EPA may stipulate from time to time) of delivery in accordance with paragraph (a), the customer fails to take possession of the goods or notify EPA in writing that the goods have been rejected.
Should expedited delivery be agreed, reasonable efforts should be made by EPA to secure freedom from defect but EPA shall not accept responsibility for defects caused as a result of the requirement for such early delivery.  An extra charge may be made to cover any overtime or other additional cost incurred as a result of the requirement for such early delivery.
Every endeavour will be made to deliver the correct quantity ordered but estimates and/or orders are conditional upon a margin of 10 per cent, irrespective of number of colours, being allowed for overs or shortages.  Such overs shall be charged and shortages deducted.
Unless otherwise specified, the price quoted includes the cost of delivery of the goods to the customer’s premises within Australia & New Zealand of EPA’s establishment.  All quotations are based on continuous and uninterrupted delivery of complete orders unless original specifications state otherwise.
Claims against EPA should be made in writing within fourteen (14) days of receipt of the goods by the customer. Claims by the customer as to non-delivery should be made in writing within 28 days after despatch of the goods.

Payment
Payment shall become due upon delivery or earlier notification to the customer that the work has been completed.  Unless otherwise stated by EPA in writing, no discount shall be allowed and payment shall be by net monthly account.  Unless otherwise stated in writing by EPA, interest at the current bank overdraft rate will be charged on overdue accounts.
In the case of the first transaction between the parties, the value of the order shall be paid on acceptance of the quotation or the lodging of the order (whichever shall be later) unless otherwise stated in writing to EPA.
After work has been in hand for one month after the end of the current month, EPA shall be entitled to 100% of the value of the work done.
The suspension by the customer of any work, for any reason, for a period exceeding thirty (30) days shall entitle EPA to payment for work already carried out, materials specially ordered for that work and other additional costs including storage.

1. Suitability of Goods or Work

Subject to such statutory warranties as cannot validly be excluded, no warranty shall be given that the goods sold are or work done is suitable in size, shape, capacity, quality or otherwise for the purpose for which goods are bought or the work is done.  EPA shall not be liable for any damage resulting from the unsuitability of the goods or the work, for any purpose for which the same may be used.
Liability for breach of a condition or warranty implied into this contract by the Trade Practices Act, 1974 other than a condition implied by Section 69 is limited to any one of the following as determined by EPA.
The replacement of the goods or the supply of equivalent goods; or
The repair of the goods; or
The payment or the cost of replacing the goods or acquiring equivalent goods; or
The payment of the cost of having the goods repaired.
Pursuant to Section 68A of the Trade Practices Act, 1974 the Clause 14 applies in respect to any of the goods supplied under this contract which are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, provided that this Clause will not apply if the customer establishes that reliance on it would not be fair and reasonable.

Liability
EPA shall not be liable for indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or delay in delivery.
No warranty, other than statutory warranties, is given by the seller or responsibility accepted by him to ensure that goods produced comply with the requirements of any legislation relating to the marking, and/or labelling and/or packaging of goods.  Compliance with the requirements or such legislation shall be the sole responsibility of the buyer.

Force Majeure
Contracts and deliveries may be suspended by EPA in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civil disturbance, war, legislation, force majeure, the inability of EPA to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery of work and no responsibility shall be attached to EPA for any delay, fault, loss or damage due to any of the above causes or to any other cause beyond the control of EPA.

Acceptance
Acceptance of EPA’s quotation shall be an acceptance of these terms and conditions, notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the customer’s order, unless other is expressly agreed by EPA in writing.

General Lien
EPA shall, in respect of all unpaid debts due from the customer, have a general lien on all goods and property in his hands and shall be entitled on the expiration of 14 days notice to the customer to dispose of such goods or property as he thinks fit and to apply the proceeds towards such debts.

Waiver
Notwithstanding that EPA might agree in respect of any particular transaction either expressly or by implication to waive any or more of these terms and conditions, such agreement shall in no way release the customer from any other obligation or requirement set out herein.

Standing Material
At the discretion of EPA, all plates, computer files, cutting formes and other surfaces and/or film bromides etc. may be cleaned off and/or broken up and/or destroyed immediately on completion of work unless otherwise agreed by EPA in writing.  All matter kept standing by EPA at the request of the customer shall remain the absolute property of EPA.  If at the request of the customer EPA agrees to keep matter standing, an additional charge may be made for storage, maintenance and any other necessary attention.

Customer’s Property and Material Supplied by Customer
Customer’s property and all property and material supplied to EPA by or on behalf of the customer (including goods in transit) will be held at the customer’s risk, and EPA accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed by EPA in writing.
Unless otherwise agreed in writing by EPA, EPA accepts no responsibility for the insurance of such property or material.  In the event of EPA’s agreeing in writing to insure such property or material, the cost of insurance premiums shall be charged to the customer.
Unless the customer establishes that a reasonable degree of care has not been exercised by EPA the risk and cost of all spoilage of material supplied by the customer shall be borne by the customer.
Where the customer supplies materials, adequate quantities shall be supplied to cover spoilage.  Sheets and other materials shall not be counted or checked when received unless requested by the customer in writing.  An additional charge may be made by EPA in respect of any such counting or checking requested by the customer.
In the case of property and materials left with EPA without specific instructions, EPA shall be free to dispose of them at the end of twelve months after his receiving them and to accept and retain the proceeds, if any, to cover his own costs in holding and handling them.
Where materials or equipment are supplied by the customer EPA accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment.
An extra charge may be made by EPA for handling or storing property or material supplied by or on behalf of the customer.
Any charge or correction to any film, bromides, artwork and/or any printing surface supplied by the customer, necessary to ensure properly finished work, shall be paid for by the customer.

Ownership of Drawings, Computer Files, etc.
Drawings, sketches, paintings, photographs, designs or computer files furnished by EPA or procured and manipulated by EPA made from EPA’s original design, or from a design furnished by the customer, remain the exclusive property of EPA unless otherwise agreed upon in writing.  Further if, in the absence of any specific agreement, EPA makes any item of duplication in order to cut down presswork or for his own convenience, then such items shall remain his property.
Sketches and samples submitted by EPA on a speculative basis shall remain the property of EPA.  They shall not be used for any purpose other than that nominated by EPA and no ideas obtained therefrom may be used without the consent of EPA.  EPA shall be entitled to compensation from the customer for any unauthorised use of such sketches and samples.

These terms and conditions are to be read subject to mandatory, provisions of legislation of the Commonwealth of Australia or of one or more of the State or Territories insofar as such provisions are applicable.  The invalidity of any clause or part of a clause shall not affect any other clause or other part of the clause.
For all applications of $15,000 or more a full Dunn & Bradstreet check will be performed.