Terms and Conditions of Sale

1 These Terms and Conditions apply to all sales by Adelphi Offset ("the Printer") to third parties.

2 Quotations - The Printer will provide a quotation of all products to be sold or services to be rendered ("the Goods"). Estimates are valid for 30 days from the date of issue as they are based on the current cost of production. Acceptance of the Printer's estimation is an acceptance of these terms and conditions notwithstanding any inconsistencies with the client's terms and conditions unless otherwise expressly agreed to by the Printer in writing. By placing orders via our on-line system, you are agreeing to the terms and conditions set out on this web-page.

3 GST - The client will be liable for all goods and services tax.

4 Delivery - The client will be deemed to have accepted the Goods on delivery or, if the client fails to take possession of the Goods, within 14 days of the Completion Date as notified by email. All dates specified for delivery of Goods are approximate and the Printer will not be liable for any delay in delivery.

5 Payment and Interest on overdue accounts - Unless granted credit terms by the Printer in writing ("the credit terms"), the client must pay COD on the date of lodgement of the order; otherwise, it is understood that invoices will be due for payment 21-days from invoice date (the "Due Date"). The applicant agrees to pay all invoices by the Due Date and acknowledges that failure to do so will immediately cause all other invoices to become due and payable. From the date of default, interest will be payable on the Principal Debt amount, at the rate of two percent (2%) above the "11 am Calculated Cash Rate", as published in the Australian Financial Review on the day of default. All debt recovery expenses incurred by the Printer, including legal costs on a solicitor/client basis, shall become part of the Principal Debt. Should the client make any payment using a credit card the Principal Debt will be increased to compensate the Printer for merchant fees payable on the transaction.

6 Non-Payment and Retention of Ownership - Compliance with the credit terms is a material term of all transactions with the client. Until the client has paid all sums outstanding in relation to the Goods they will remain the absolute property of the Printer.

7 Suitability of Goods or Work - (a) Colour matching to proofs is subject to differences in proofing stock to printed stock and in printing reproduction methods.No warranty is given by the Printer that the Goods are suitable in size, shape, colour, capacity, quality or otherwise for the purpose for which Goods are ordered and the Printer is not liable for any damage resulting from the unsuitability of the Goods for any purpose for which they may be used. (b) The strength of Perfect binding varies with the quality and absorption values of the paper used and no guarantee is given by the Printer in relation to the life of this style of binding.

8 Claims - Any claims against the Printer must be made in writing within fourteen (14) days of receipt of the Goods by the client. To the extent permitted by law, failure to notify the Printer of any potential claim within the specified period will be taken to constitute a waiver of any such claim that could, but for this clause, have been made against the Printer.

9 Exclusions and Limitations - Liability for any breach of a condition or warranty implied in this contract by the Trade Practices Act 1974, other than a condition implied by Section 69, is limited at the Printer's option to either the replacement of the Goods or the cost of supply of those Goods. The Printer is not liable for (a) any indirect nor consequential loss. (b) the Goods not complying with the requirements of any legislation relating to the marking and/or labelling and/or packaging of Goods which is the Clients responsibility.

10 Force Majeure - The Printer will not be liable for any failure to perform any contractual obligation where such failure is due to events beyond its reasonable control, including but not limited to strike action, trade dispute, fire, tempest, machine breakdown, material shortages or any other occurrence whatsoever preventing or retarding performance of a contractual obligation.

11 Proofs - Unless otherwise stated, proofs will not be provided unless specifically requested by the client. Where the client supplies finished artwork, it is assumed by the Printer that this has been checked and approved by the Client.

12 Quantity Delivered - 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 ten percent being allowed for overs or shortages which will be charged for, or deducted from, the amount owing by the client in relation to the Goods at the relevant run-on rate.

13 Materials - At the discretion of the Printer, all plates, digital image files and other related items remain the absolute property of the Printer and may be destroyed or deleted immediately on completion of work unless otherwise agreed by the Printer in writing.

14 Copyright - The client warrants that it has copyright in all data and material supplied to the Printer for the purposes of the order and indemnifies the Printer against all liability, losses or expenses incurred by the Printer in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright.

15 Illegal Matter - (a) The Printer is not required to print any matter which in its opinion is or may be of an illegal or libellous nature or which might involve any infringement of any third party rights or which would otherwise involve any criminal liability of any kind. The client indemnifies the Printer against all actions, claims, demands, costs and expenses of whatever nature which the Printer may suffer, incur or sustain in connection with, or arising in any way whatsoever from the Goods.

16 Additional Charges - Charges for all work not specifically allowed for in the quotation (including author's corrections) must be borne by the client.

17 Outside Work - Where the performance of any contract with the client requires the Printer to obtain goods or services from a third party the Printer will act as agent for the client in relation to the purchase of those goods or services unless otherwise specified. The contract between the Printer and the client incorporates and is subject to the conditions of supply of such goods and services to the Printer by the third party and the client shall be liable for the cost in full of such goods or services.

18 Imprints - Imprints or any legal obligations required to appear on any printed material are the responsibility of the client. Printer reserves the right to place its imprint on all printed material unless specifically requested otherwise.

19 Assignment of Debts - The Printer reserves the right to assign any unpaid debts owed to the Printer by the client to any associated or related entity and if that entity has a valid and enforceable security against the client, that security may be enforced in part or total settlement of the relevant debt. Conversely, any security entered into in relation to this agreement between the Printer and the client may be used at the Printer's discretion for the satisfaction of any unpaid debts of the client assigned to the Printer by any associated or related entity.

20 Packing - Any packing of Goods, other than the Printers normal commercially acceptable packing, required by a client will be charged as an extra unless expressly stated in writing on the Printer's accepted quotation.

21 Jurisdiction and Validity of Clauses - This agreement is to be governed by the Laws of New South Wales and all disputes shall be dealt with in New South Wales. The invalidity of any clause or part of a clause shall not affect any other clause or any other part of the clause.