Terms and Conditions
Please find below the terms and conditions as related to AAC, including:
- Terms and conditions of trading with AAC;
- Terms and conditions related to price beat guarantee;
- Terms and conditions related to sales campaigns and promotions;
- Terms and conditions related to AAC website; and,
- Terms and conditions related to products and artwork approvals.
TERMS AND CONDITIONS (TRADING)
1.1: “Seller” shall mean AAC Wristbands Australia Pty Ltd and its successors and assigns;
1.2: “Buyer” shall mean the buyer or any person acting on behalf of and with the authority of the client;
1.3: “Guarantor” means that person (or persons) or entity who agrees herein to be liable for the debts of the buyer on a principal debtor basis;
1.4: “Goods” shall mean goods supplied by the seller to the buyer and includes any advice or recommendations (and where the context so permits shall include any supply of goods as defined above);
1.5: “Services” shall mean all services supplied by the seller to the buyer and includes any advice or recommendations (and where the context so permits shall include any supply of goods as defined above); and,
1.6: “Price” shall mean the cost of the goods as agreed between the seller and the buyer subject to Clause 4 of this contract.
2.1: Any instructions received by the seller from the buyer for the supply of goods and/or the client’s acceptance of goods supplied by the seller shall constitute acceptance of the terms and conditions contained herein;
2.2: When more than one buyer has entered into this agreement, the buyers shall be jointly and severally liable for all payments of the price; and,
2.3: Upon acceptance of these terms and conditions by the buyer, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the seller.
3.1: The goods are described on invoices, quotations, work authorisation or any other work commencement forms as provided by the seller to the buyer.
4. Price and Payment
4.1: At the seller’s sole discretion, the price shall be either:
(a) As indicated on invoices provided by the seller to the buyer in respect of goods supplied; and,
(b) The seller’s quoted price (subject to Clause 4.2) shall be valid for fourteen (14) days;
4.2: Any variation from the plan of scheduled works or specifications will be charged for on the basis of the seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion;
4.3: At the seller’s sole discretion a deposit may be required. The deposit amount or percentage of the price will be stipulated at the time of ordering said goods and shall become immediately due and payable;
4.4: The seller may withhold the delivery of goods until the buyer has paid for them, in which event payment shall be made before the delivery date; and,
4.5: On all AAC websites, pricing, and especially unit pricing, may be rounded up or down to fit to two decimal points. Where there is a difference, the end price (total price) is the final price.
5. Delivery of Goods/Services
5.1: Delivery of goods shall be made to the buyer’s shipping address. The buyer shall make all arrangements necessary to take delivery of said goods whenever they are tendered for delivery, or delivery of said goods shall be made available to the buyer at the seller’s address;
5.2: Delivery of goods to a carrier, either named by the buyer or failing such naming to a carrier at the discretion of the seller for the purpose of transmission to the buyer, is deemed to be a delivery of the goods to the buyer;
5.3: The cost of carriage and any insurance which the buyer reasonably directs the seller to incur shall be reimbursed by the buyer (without any set-off or other withholding whatsoever) and shall be due on the date for payment of the price. The carrier shall be deemed to be the buyer’s agent;
5.4: Delivery of goods to a third party nominated by the buyer is deemed to be delivery to the buyer for the purposes of this agreement;
5.5: The failure of the seller to deliver shall not entitle either party to treat this contract as repudiated;
5.6: The seller shall not be liable for any loss or damage whatsoever due to failure by the seller to deliver the goods (or any of them) promptly or at all;
5.7: The seller does not engage in re-delivery fees when the chosen courier is unable to deliver. Goods will be placed at a local depot for collection; and,
5.8: "Free freight" is dispatched using standard Australia Post – this can take between 3-7 days for delivery subject to location. Contact AAC to upgrade your freight to an express courier service for a small additional cost.
6.1: If the seller retains property in the goods nonetheless, all risk for the goods passes to the buyer on delivery; and,
6.2: If any goods are damaged or destroyed prior to said property being passed on to the buyer, the seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price of Goods), to receive all insurance proceeds payable for the goods. This applies whether or not the price has become payable under the contract. The production of these Terms and Conditions by the seller is sufficient evidence of the seller’s right to receive any payable insurance proceeds without the need for any person dealing with the seller to make further enquiries.
7. Client’s Disclaimer
7.1: The buyer hereby disclaims any right to rescind, cancel the contract, sue for damages or to claim restitution arising out of any misrepresentations made to him or her by any servant or agent of the seller and the buyer acknowledges that he or she buys the goods relying solely upon his or her own skill and judgement.
8.1: The buyer shall inspect the goods on delivery and shall within seven (7) days of delivery notify the seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The buyer shall afford the seller an opportunity to inspect the goods within a reasonable time following delivery if the buyer believes the goods are defective in any way. If the buyer shall fail to comply with these provisions, the goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage;
8.2: For defective goods, which the seller has agreed in writing that the buyer is entitled to reject, the seller’s liability is limited to either (at the seller’s discretion) replacing the goods or repairing the goods provided that:
(a) The buyer has complied with the provisions of Clause 8.1;
(b) The goods are returned at the seller’s cost within seven (7) days of the delivery date;
(c) The seller will not be liable for goods which have not been stored or used in a proper manner; and,
(d) The goods are returned in the condition in which they were delivered;
8.3: The seller may (in its discretion) accept the goods for credit but this may incur a handling fee of 15% of the value of the returned goods plus any freight.
9. Competition & Consumer Act (2010) (Cth) and Fair Trading Act (All States)
9.1: Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of Commonwealth legislation as contained within the Competition and Consumer Act (2010) or the Fair Trading Acts as applicable in each individual state and territory across Australia, except to the extent permitted by those Acts where applicable.
10. Intellectual Property
10.1: Where the seller has designed or drawn goods for the buyer, the copyright in those designs and drawings shall remain vested with the seller and shall only be used by the buyer at the seller’s discretion.
11. Default and Consequences of Default
11.1: Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement;
11.2: If the buyer defaults in payment of an invoice when due, the buyer shall indemnify the seller from and against all the seller’s costs and disbursements incurred including but not limited to the engagement of legal representation or a third-party for the purposes of collection of payment, and includes the seller’s nominee’s costs of collection in addition;
11.3: Without prejudice to any other remedies the seller may have, if at any time the buyer is in breach of any obligation (including those related to payment), the seller may suspend or terminate the supply of goods to the buyer and any of its other obligations under the Terms and Conditions. The seller will not be liable to the buyer for any loss or damage the buyer suffers because the seller exercised its rights under this clause;
11.4: If any amount remains unpaid at the end of sixty (60) days, an administration fee of the greater of $20.00 or 10% of the overdue amount shall be levied and which sum shall become immediately due and payable. The total overdue amount will be referred to the seller’s debt collection agency for recovery without notice to the buyer;
11.5: The buyer shall become liable for all fees (including legal) incurred in the recovery of any and all outstanding monies owed to the seller;
11.6: In the event that: (a) Any money payable to the seller becomes overdue, or in the seller’s opinion the buyer will be unable to meet it’s payments as they fall due; or (b) The buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the buyer or any asset of the buyer, then without prejudice to the seller’s other remedies at law:
(i) The seller shall be entitled to cancel all or any part of any order of the buyer which remains unperformed in addition to and without prejudice to any other remedies; and,
(ii) All amounts owing to the seller shall, whether or not due for payment, immediately become payable in addition to the interest payable under Clauses 11.2 to 11.6 inclusive and hereof.
12.1: It is the intention of the seller and agreed by the buyer that property in the goods shall not pass until: (a) The buyer has paid all amounts owing for the particular goods, and (b) The Buyer has met all other obligations due by the buyer to the seller in respect of all contracts between the seller and the buyer, and that where practicable, the goods shall be kept separate until the seller has received payment in full and all other obligations of the buyer are met;
12.2: Receipt by the seller 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 the seller’s ownership of rights in respect of the goods shall continue;
12.3: It is further agreed that:
(a) Until such time as ownership of the goods shall pass from the seller to the buyer, the seller may give notice in writing to the buyer to return the goods or any of them to the seller. Upon such notice, the rights of the buyer to obtain ownership or any other interest in the goods shall cease;
(b) The seller shall have the right of stopping the goods in transit whether or not delivery has been made;
(c) If the buyer fails to return the goods to the seller, the seller or seller’s nominated agent may enter upon and into land and premises owned, occupied or used by the buyer, or any premises as the invitee of the buyer, where the goods are situated and take possession of said goods;
(d) The buyer is only a bailee of the goods and until such time as the seller has received payment in full for the goods, then the buyer shall not hold any proceeds from the sale or disposal of the goods on trust for the seller;
(e) The buyer shall not deal with the money of the seller in any way, which may be adverse to the seller;
(f) The buyer shall not charge the goods in any way nor grant nor otherwise give away any interest in the goods while they remain the property of the seller;
(g) The seller may require part payment of the price or the balance of the price due together with any other amounts due from the buyer to the seller arising out of these Terms and Conditions, and the seller may take any lawful steps to require payment of the amounts due and the price;
(h) The seller can issue proceedings to recover the price of the goods sold notwithstanding that ownership of the goods may not have passed to the buyer; and,
(i) Until such time that ownership in the goods passes to the buyer, if the goods are so converted, the parties agree that the seller will be the owner of the end products.
13. Security and Charge
13.1: Despite anything to the contrary contained herein or any other rights which the seller may have howsoever:
(a) Where the buyer and/or the guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the buyer and/or the guarantor agree to mortgage and/or charge all of their joint and/or several interests in the said land, realty or any other asset to the seller or the seller’s nominated agent to secure all amounts and other monetary obligations payable under the Terms and Conditions;
(b) Should the seller elect to proceed in any manner in accordance with this clause and/or any of its sub-clauses, the buyer and/or guarantor shall indemnify the seller from and against all the seller’s costs and disbursements including legal costs on a solicitor and own client basis;
(c) To give effect to the provisions of Clause 13.1(a) and (b) inclusive, hereof the buyer and/or the guarantor (if any) do hereby irrevocably nominate, constitute and appoint the seller or the seller’s nominated agent as the buyer’s and/or guarantor’s true and lawful attorney to execute mortgages and charges (whether registrable or not) including such other terms and conditions as the seller and/or the seller’s nominated agent shall act in his or her absolute discretion against the joint and/or several interests of the buyer and/or the guarantor in any land, realty or asset in favour of the seller and in the buyer’s and/or guarantor’s name as may be necessary to secure said buyer’s and/or guarantor’s obligations and indebtedness to the seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the seller’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.
14.1: At the seller’s sole discretion, the buyer may cancel delivery of goods. In the event the buyer cancels delivery of goods, the buyer shall be liable for any costs incurred by the seller up to the time of cancellation.
15. Privacy Act (Cth)
15.1: The buyer and/or the guarantor/s agree for the seller to obtain from a credit reporting agency a credit report containing personal credit information about the buyer and the guarantor/s in relation to credit provided by the seller;
15.2: The buyer and/or the guarantor/s agree that the seller may exchange information about the buyer and/or guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a) To assess an application by the buyer;
(b) To notify other credit providers of a default by the buyer;
(c) To exchange information with other credit providers as to the status of this credit account, where the buyer is in default with other credit providers; and,
(d) To assess the credit worthiness of buyers and/or guarantor/s;
15.3: The buyer consents to the seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988);
15.4: The buyer agrees that personal data provided may be used and retained by the seller for the following purposes and for other purposes as shall be agreed between the buyer and the seller or required by law from time to time:
(a) The provision of goods and/or services;
(b) The marketing of goods and/or services by the seller, its agents or distributors in relation to provision of goods and/or services;
(c) The analysis, verification and/or checking of the buyer’s credit, payment and/or status in relation to the provision of goods and/or services;
(d) The processing of any payment instructions, direct debit facilities and/or credit facilities requested by the buyer; and,
(e) The enablement of the daily operation of the buyer’s account and/or the collection of amounts outstanding in the buyer’s account in relation to the goods and/or services.
15.5: The seller may give information about the buyer to a credit reporting agency for the following purposes:
(a) To obtain a consumer credit report about the buyer; and/or,
(b) To allow the credit reporting agency the ability to create or maintain a credit information file about the buyer.
16.1: 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;
16.2: All goods supplied by the seller are subject to the laws of Queensland, Australia and the seller takes no responsibility for changes in the law which affect the goods supplied;
16.3: The seller shall be under no liability whatever to the buyer for any indirect loss and/or expense (including loss of profit) suffered by the buyer arising from a breach by the seller of these Terms and Conditions;
16.4: In the event of any breach of this contract by the seller, the remedies of the buyer shall be limited to damages. Under no circumstances shall the liability of the seller exceed the price of the goods;
16.5: The buyer shall not set off against the price amounts due from the seller;
16.6: The seller may licence or sub-contract all or any part of its rights and obligations without the buyer’s consent;
16.7: The seller reserves the right to review these Terms and Conditions at any time and from time to time. If, following any such review, there is to be any such change in such terms and conditions, that change will take effect from the date the seller notifies the buyer of such change; and,
16.8: The seller shall not be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event (or environmental event) beyond the reasonable control of the seller.
17.1: Pricing may differ from the website to what is quoted over the telephone. AAC retains the right to charge more when orders require the time and service of a representative of the company (seller);
17.2: AAC reserves the right to correct pricing when inaccurate pricing has been provided by a representative of the company (seller) or the website e-commerce system (online shop). In the event a transaction has been genuinely and mistakenly processed at the incorrect amount, AAC can refund the amount initially paid if required before the revised price is processed;
17.3: Sales or discounted pricing, and its general application and/or availability, during nominated sales periods by the seller is solely up to the discretion of the seller, is valid only via AAC for a single transaction to the buyer, is non-transferrable from the buyer to (a) another identifiable sales period or (b) another buyer, and is subject to availability by the seller or seller’s nominated agent.
17.4: AAC reserves the right to exclude all existing client supply contracts and/or agreements (past, present and future) from the qualification to access any and all promotional sales prices (advertised or not) when expressly included as part of the Terms and Conditions of the sales campaign.
TERMS AND CONDITIONS (PRICE BEAT GUARANTEE)
AAC ID Solutions will beat a competitor quote when the following terms are strictly adhered to:
- Quote is from an Australian-owned and operating supplier;
- Quote is by a company with an official Australian address, land line and ABN;
- Quote is provided on letterhead and not in email format or generic quotation form;
- Quote provided is authentically dated less than two (2) weeks within the time period in review;
- Quote must include identical delivery terms
- Quote must include all identical goods and/or services as quoted by AAC; ND,
- Product quoted is deemed to be either identical or of agreed similar quality to that which AAC is quoting, and as determined by AAC.
If the above terms conditions are met, AAC will match the price however may not match the payment terms.
TERMS AND CONDITIONS (AAC WEBSITE)
Website Material Not Legal Advice
Any content, including publications, promotional materials, digital newsletters and/or email correspondence, featured on or in anyway associated with this website is intended only to provide a summary and general overview on matters of website development or general interest. This information is not intended to be comprehensive nor does it constitute legal advice of any form. We at AAC attempt to ensure that all content is current but we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any content.
AAC is not responsible to you or anyone else for any loss suffered in connection with the use of this website or any of the content. This includes, but is not limited to, the transmission of any computer virus. AAC makes no warranties or representations about this website or any of the content. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website, its content or the information on it. And where liability cannot be excluded, any liability incurred by AAC in relation to the use of this website or the content is limited as provided under the Competition and Consumer Act (2010). AAC will never be liable for any indirect, incidental, special or consequential loss arising out of the use of this website, including loss of business profits.
This site collects and analyses information from users. AAC record your visit and log information for statistical purposes including your IP address, date and time of visit, pages accessed and documents downloaded. This information may be analysed to determine site usage statistics and help improve services. Information collected trough the ‘Contact Us’ pages or via any forms available on this site will be stored on AAC’ databases. Your information may be disclosed to a third party in order to provide you with the full suite of services from AAC.
TERMS AND CONDITIONS (PRODUCTS & ARTWORK APPROVAL)
The signatory (the ‘customer’) does hereby agree with AAC (AAC) that the following terms and conditions shall apply to all product artwork prepared by AAC on behalf of the customer:
1. The approval form (including the terms and conditions following hereon) constitute the entire agreement between the parties relating to the applicable/relevant subject matter. No changes can be made to the approval form unless mutually agreed to in writing by the parties. Verbal artwork instructions unfortunately will not be accepted under any circumstances.
2. The information regarding artwork contained within the approval form constitutes a standing order for products to be completed for the customer by AAC. The customer shall not be entitled to request changes to artwork specifications once the order has been placed. Any changes to the standing order will only be made through completion by the customer and acceptance by AAC on a separate artwork approval form in which acceptance AAC may withhold in its sole discretion.
3. No order by the customer is deemed to be accepted by AAC until the customer’s credit has been approved by AAC; the customer’s artwork has been approved by AAC; and, the customer’s order has been processed by AAC. The customer hereby authorises AAC to conduct credit checks against the customer. The customer will pay for any and all orders in accordance with the invoiced terms and conditions and no cancellations, exchanges or returns are permitted at any time.
4. The customer accepts full responsibility for the number, colour and type of products, graphics and other specifications as noted above. There are no guarantees or warranties including, without limitation, any warranties of merchant ability or fitness for a particular purpose with respect to the products including, without limitation, product colour or quality levels. The customer acknowledges and agrees that small and/or detailed print and/or logos may not print clearly and that colour and quality variances may occur. The customer also acknowledges that in respect to printed items that general wear and tear will occur resulting in some loss of print compared to the original product. Even though AAC takes utmost care, when the customer requests that AAC match PMS or CMYK or any colour chart, due to the texture finish of the many types of products, there will almost certainly be variances from the specified colour by the customer. The customer specifically disclaims any right to discounts, rebates and the like. AAC shall not be liable to the customer for any claims, costs or expenses relating to any delays, failure to perform or causes beyond AAC’s control including, without limitation, fire or other casualty, acts of God, labour disputes, difficulty in obtaining supplies, war or other violence or any governmental law, order or requirement. AAC’s liability to the customer on account of errors or omissions regarding product artwork shall in no event exceed the amount that AAC charges to the customer for such products.
5. The customer represents and warrants to AAC that the customer has full legal interest, right and title in and to the artwork requested. The customer shall indemnify and save AAC, its directors, employees and officers fully harmless in connection with, arising out of or related to any third party claim as a result of, relating to or in connection with artwork that is defamatory, libellous, which breaches any intellection property rights, which contravenes any other law, regulation or requirement of any governmental body or for any other reason.
6. If any provision contained herein is found by a court of competent jurisdiction to be illegal, invalid or unenforceable in any respect, such provision shall be struck and the legality, validity or unenforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. The customer may not assign any or all of its rights or obligations hereto without the prior written consent of AAC, which consent AAC may withhold in its sole discretion. Subject thereto, these terms and conditions shall ensure to the benefit of and be binding upon AAC, the customer and their respective successors and permitted assigns. The laws of Australia applicable therein shall apply to these terms and conditions. The customer does hereby approve of the foregoing specifications for product/s artwork/s and terms and conditions.