1. PATRICKS MARKETING (AUST.) PTY LTD A.B.N 35 962 591 773 is a Registered Company.
2. These terms and conditions apply in respect of contracts entered into by Patricks Marketing (Aust.) Pty Ltd (hereafter "PMA") as the seller of products and materials (hereafter Products) unless specifically varied in writing and signed, by and on behalf of, PMA and the purchaser.
3. TERMS: All orders placed on e-commerce sites must be paid in full at time of placing order, excluding freight. PMA uses ANZ eGate Internet payment gateway system supported and run by the ANZ Bank, as its secure online payment processor that can be used 24/7.
Orders placed through Patricks offices and not directly through e-commerce sites. Orders under $500.00 + gst must be paid in full at time of placing order, unless otherwise specified. A deposit of 50% of the total value of the order must be made if order is over $500.00 (before G.S.T.) and /or on receiving the invoice from PMA otherwise full payment is required on order placement. The terms of sale are payment prior to despatch, or a seven (7) day account by prior establishment, or as agreed by both parties in writing. A credit card service fee will be charged to all credit card payments. Rates may vary from time to time and depending on Credit Card used.
4. If payment is not made by the purchaser by the due date in accordance with paragraph 3 hereof then the purchaser shall, unless extended credit terms are negotiated with PMA, pay to PMA interest on the full purchase price calculated from the due date until payment is made at a rate of interest equivalent to two percent above the Reference Rate quoted by the Commonwealth Bank of Australia as at the due date.
5. Notwithstanding any other provisions of the contract, risk in the products shall pass to the purchaser when the products are delivered to the purchaser. Delivery shall be deemed to have occurred upon PMA turning over the products to the purchaser's carrier or, by special arrangement, at such other address negotiated by the purchaser with PMA. PMA will make all reasonable efforts to have the products delivered to the purchaser on the date agreed but PMA shall be under no liability whatsoever if delivery is not made on this date.
6. Notwithstanding any other provisions of the contract, title in the products shall not pass to the purchaser until payment in full for the products has been received by PMA.
7. Until payment in full for the products has been received by PMA the purchaser shall hold the products on a fiduciary basis only and as bailee for PMA and the purchaser shall at its own expense keep the products properly and safely stored by reference to the particular contract separately from any other products held by the purchaser and in good condition and marked in such a way that they are clearly identifiable as the property of PMA.
8. TAXES FOR OVERSEAS ORDERS: You are responsible for assuring that the product can be lawfully imported to the destination country. Orders that are shipped to countries outside of Australia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information.
9. PRICE VARIATION: The price referred to in this quotation is subject to variation by PMA at any time prior to delivery. All quotes are subject to sighting of artwork. This may vary any initial quotes given prior to artwork being received. Artwork is to be supplied to our specifications, with order.
10. SECURITY CAPABILITIES & POLICY FOR TRANSMISSION OF PAYMENT
Credit Card Details: All credit card payments are processed securely through the eGate Payment Gateway and ANZ. Payment by credit card is the fastest way to receive your order as there is no clearance delay. PMA does not store any credit card information on our servers.
If the need for a refund arises this is processed through the ANZ eGate system.
Payment Gateway Information: All online payments are conducted in a safe and secure way. We offer Credit Card payments using the ANZ eGate Internet payment gateway system supported and run by the ANZ Bank. Credit Card payments are made directly through a 128-bit SSL Encryption software to ensure your personal details are kept safe. No Credit Card payment details are stored by PMA which ensures your satisfaction with the security of your transaction.
11. CANCELLATION: The purchaser will pay to PMA all costs and damages of PMA or a minimum cancellation fee of $260.00 + G.S.T., as a result of any cancellation by the purchaser, for any reason.
12. ALTERATION TO DESIGN: It is necessary to specify any desired alteration to design before production of the product is commenced. ( please refer to the Artwork Guide for details on this.) Alterations requested after production has commenced can only be carried out if the costs involved are borne by the purchaser.
13. COLOURS: Slight variations in colour may be apparent between the colours illustrated on the design and those in the finished product. If specific colours are required PMS colour coding is needed in order to ensure the closest possible match by PMA. ( please refer to the Artwork Guide for details on this.)
14. FREIGHT, PACKAGING & HANDLING: Unless otherwise stated the cost of freight, packaging & handling will be charged on all orders. Freight costs will be calculated and advised separately to any order placement and advised to the customer for payment prior to completion of the order. PMA will not be held responsible for goods lost or delayed by common carriers, couriers, international or Australian Customs departments or by ‘acts of God’. Insurance is available at a current market rate. If insurance is waived, shipment is at the receiver’s risk.
15. PART DELIVERY: Where the Order Acknowledgment provides for part delivery of the goods, each part delivery shall be deemed to be sold under a separate contract. Any failure on the part of PMA to deliver within the time stated shall not entitle the purchaser to repudiate the contract with regard to the balance remaining undelivered.
16. UNDER OR OVER DELIVERY: PMA reserves the right to under or over supply and charge to the purchaser 10% of the ordered quantity by the purchaser at the ordered price by the purchaser.
17. CLAIMS: Claims for shortages of goods will not be considered by PMA unless written notice thereof is received within seven (7) days after delivery to or collection by the purchaser. The goods subject to any such claim shall be preserved intact and made available for inspection by a PMA representative. Any breach of this condition shall disentitle the purchaser to any allowance for such shortage.
18. RETURNS: The return of goods, for any cause whatsoever, cannot be accepted after 7 days from date of collection or delivery. Any goods which are the subject of a claim shall be delivered to PMA premises at as determined by PMA. Notification in advance must be given in writing and a returns number verification supplied in writing by PMA to the Customer must accompany the goods. Without a Returns number verification, no goods will be accepted for return at the before mentioned address.
19. INDUSTRIAL PROPERTY: All orders accepted to the purchaser's design are subject to the purchaser agreeing to indemnify and save harmless PMA, its officers, agents, employees and assigns from any and all loss, expense, damage, liability, claims or demands, either at law or in equity for actual or alleged infringement of any patent, invention, design, trade mark or copyright arising from the manufacture, use or supply of goods purchased under this order. Orders in PMA’s possession may be cancelled or deemed complete only with our consent and with due regard to costs already incurred. Every effort will be made to match selected colours but we cannot guarantee the shade of paint or dies to be constant over a production run. We reserve the right to supply and invoice 10% over or under the quantity ordered.
20. TITLE: The Title of dies and all other tooling, setup and preparation material used to make the goods specified by the purchaser will at all times be with PMA. Tooling will only be held for a period of 2 years. Plates will only be held for a period of 12 months.
21. ARTWORK: All artwork produced for a purchaser, by PMA, is done so as a distinct contract with the purchaser and title to such artwork will be in the purchaser whether retained in the possession of PMA or not. (Please refer to the Artwork Guide for further details )
22. GOVERNING LAW AND JURIDICTION: This document is governed by the laws applicable in the State of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of the State of New south Wales.