Terms & Conditions
client identified on the front of this document (“the Customer”) of replacement terms and
conditions of sale, these terms and conditions of sale apply to all sales of services and/or
goods by GJI to the Customer, and form part of any contract resulting from acceptance of a
purchase order from the Customer or Customer’s acceptance of a quotation from GJI,
together with and/or as modified by any additional or altered terms included in a quotation or
notified by GJI before the placement of the order or acceptance of the quotation.
2. Conditions or terms of contract submitted by the Customer in or with a purchase order or
request for quotation or other document or communication do not form part of any contract
with GJI unless and to the extent agreed to by GJI in writing.
3. Additions to or variations of these terms and conditions of sale are effective only if agreed to
in writing by GJI.
Quotations
4. Quotations are based on the cost of labour and materials as at the date of the quotation.
5. Quotations are open to be accepted at any time within 30 days, subject to GJI reserving the
right to alter the quoted price prior to acceptance by the Customer in the event of increases in
materials, labour or other costs.
6. Quotations do not include delivery, couriers or postage unless specified. Customer
authorises GJI to charge all postage incurred in providing services to Customer, to
Customer’s account with Australia Post, and will give all necessary authorisations and
directions to Australia Post to enable that to occur. Any quotations or estimates pertaining to
postage are best estimates only based on experience and Australia Post guidelines. These
guidelines are subject to change and may also be interpreted differently by Australia Post,
and the Customer is liable for the total cost of postage incurred in providing services to the
Customer, regardless of any variations from the quotation or estimate.
7. Quotations may only be accepted as a whole; component parts of a quotation are not open to
be accepted separately. Subsequent orders are subject to a further quotation.
Variation and Additional Costs
8. Quoted prices are based upon the Customer’s order, including any specified time frame. GJI
reserves the right to charge at its current rates for any additional costs incurred or work
required as a result of any variation to the Customer’s order upon which the quotation is
based.
9. Quoted prices are based upon commencement of the Customer’s order within 3 months of
GJI‘s acceptance of a purchase order from the Customer or Customer’s acceptance of a
quotation from GJI. If the work of a particular contract does not commence within that 3
month period, GJI may by written notice to the Customer terminate the contract and re-quote
for the work.
10. The quoted prices are exclusive of GST. In addition to the payment of the prices quoted, the
Customer must pay to GJI an amount equal to any GST imposed on Taxable Supplies made
by GJI to the Customer. In this clause, “GST” and “Taxable Supplies” have the same
meanings as in the New Tax System (Goods and Services Tax) Act 1999.
11. Where materials supplied by the Customer do not correspond with those upon which the
quotation is based, GJI may treat the job as involving a variation of the Customer’s order.
12. Any costs incurred by GJI as a result of delays caused by a poor quality or a shortage of
inserts or other materials to be provided by the Customer (including shortage due to
spoilage) or by lack of correspondence of such inserts or other materials to the Customer’s
order shall be charged to and paid by the Customer at GJI’s current rates from time to time.
13. GJI shall endeavour to avoid undue spoilage. However some spoilage is unavoidable and
the Customer shall make a reasonable allowance for spoilage in any inserts or other
materials to be supplied by the Customer. GJI shall not be liable for any shortage of material
due to spoilage within a reasonable allowance, and any additional costs incurred as a result
of an insufficient allowance for spoilage shall be payable by the Customer at GJI’s current
rates.
14. The Customer may cancel an order at any time by notice in writing but shall remain liable to
GJI for all work performed and materials supplied to the Customer or acquired by GJI for the
Customer prior to cancellation, at GJI’s current rates.
15. GJI may charge for the handling or storage of materials supplied by or on behalf of the
Customer.
Payment
16. Customers that have an approved Credit Account with GJI, must pay all invoices within the
approved payment terms from the date of invoice. Customers that do not have a Credit
Account are on Prepaid Account Payment Terms & are required to pay their invoice in full
prior to Job commencement.
17. Default - If the customer fails to:
- pay any monies due to GJI
- observe or perform any of its obligations under these terms and conditions
- breaches the terms and conditions of any other agreement it has with GJI at any time
- commits any act of bankruptcy, insolvency, ceases or threatens to cease carrying on the
customers business
then GJI may in addition to any other rights or remedies it may have:
- Require immediate payment of all moneys owing by the Applicant to GJI on any account;
- Forthwith suspend or cancel at its option the Applicant’s credit account;
- Require cash pre-payment before performance of any service from the Applicant;
- Cease any further service on behalf of the Applicant and terminate any agreement in
relation to any service not yet commenced without incurring any liability therefore; and
- Will retain possession of any and all material or goods until payment is received in full.
A minimum fee of 10% of the total monies outstanding, plus any legal costs, will be charged
to the customer for accounts not paid within the approved payment terms.
18. GJI reserves the right to request financial information and/or require the provision of bank
guarantees, letters of credit, etc. from the Applicant.
Retention of Title
19. Any materials to be supplied by GJI shall remain the sole and absolute property of GJI as
legal and equitable owner, and the property in and title to the materials shall not pass from
GJI to the Customer, until the Customer has paid GJI in full for those materials, and for any
services supplied by GJI in respect of or utilising those materials, and for all other goods
supplied by GJI.
Warranties etc
20. Subject to any spoilage within the allowance referred to in 12 above, GJI warrants to the
Customer that it will provide services to the Customer with due care and skill and that any
goods supplied in connection with the services will be free from defects in design, materials
and workmanship, and will be of merchantable quality.
21. Subject only to :
a) All terms, conditions, warranties, undertakings, inducements or representations other than
those expressly set out in these Terms and Conditions, are hereby expressly negated and
excluded;
b) In no event shall GJI be liable to the Customer or any other person whether in contract,
tort or equity for any direct, indirect, incidental, collateral, special, economic or
consequential losses or damages, including without limitation, damages for loss of profits,
loss of customers, loss of goodwill, work stoppage, data loss, computer failure or
malfunction, claims by any party other than the Customer, or any and all similar damages
or loss even if GJI has been advised of the possibility of such damages; GJI’s liability
under any provision of these Terms and Conditions or otherwise shall not exceed the
amount paid by the Customer for the goods and/or services provided by GJI which are the
subject of the claim against GJI
c) The Customer acknowledges that delays and failures in the provision of services under
these Terms and Conditions will occur due to factors outside GJI’s control including, but
not limited to, communications loads, inaction or failings of postal, courier or
telecommunications services, defective equipment used by the Customer and the
behaviour of third parties, and GJI will not be liable for any such delay or failure.
22. Where the Trade Practices Act or similar State or Territory legislation implies into these
Terms and Conditions any term, condition or warranty, and that legislation avoids or prohibits
provisions in a contract excluding or modifying them, then the term, condition or warranty
shall be deemed to be included in these Terms and Conditions provided that GJI’s liability for
a breach of any such term, condition or warranty, including any economic or consequential
loss which the Customer may sustain, shall be limited, at the option of GJI, to either replacing
or repairing the goods or, in the case of services, to supplying the services again.
23. The Customer must notify GJI of any alleged defects in the goods and/or services provided
by GJI within 7 days from the date of provision of the goods and/or services.
Third Party Claims
24. The Customer indemnifies and must keep indemnified GJI against any and all liability,
damages and costs (including any legal costs incurred by GJI on an indemnity basis)
resulting from any legal claim or action brought against GJI by a third party in respect of or
arising out of goods and/or services provided to or work performed for the Customer by GJI
in accordance with the Customer’s specifications.
Intellectual Property
25. GJI will acquire no intellectual property rights in the Customer’s data or material provided to
GJI by the Customer, and GJI will not copy, adapt or modify any such data or material except
to the extent required for GJI to properly perform services for the Customer. The intellectual
property subsisting in any software or other material developed by GJI for providing services
and/or goods to or for the Customer, will be owned by GJI provided that the Customer will
have a non-exclusive royalty-free licence to use that software or other material to the extent
necessary to enable the Customer to use the services and/or goods provided by GJI.
Confidentiality
26. GJI shall maintain the confidentiality of all data and other information supplied by the
Customer, except to the extent that such data or information:
a) was known to GJI prior to its communication by the Customer; or
b) is or comes into the public domain otherwise than through any default of GJI.
Privacy
27. GJI and Customer will each comply with the Privacy Act 1988 (Cth) and the National Privacy
Principles with respect to the handling of all Personal Information (as defined in the Privacy
Act) in connection with these Terms and Conditions.
28. The Customer must co-operate with any reasonable request by GJI to enable GJI to comply,
or to assist it in complying, with its obligations under the Privacy Act and/or to comply with or
satisfy any requests or directions from or rulings by the Privacy Commissioner under the
Privacy Act.
29. The Customer releases GJI from and indemnifies it against all liabilities, damages, actions,
claims, demands, or fines (including the cost of defending or settling any action, claim,
demand or fine) suffered by or made or brought against or imposed on GJI arising out of a
breach by the Customer of any of its obligations in 25 and 26 above.
Right to Refuse to Perform Work
30. GJI reserves the right to refuse to perform any job which in its opinion may breach or infringe
upon the rights of any third party in any way, provided that notice of such refusal is promptly
communicated to the Customer.
Holding and Storage
31. The Customer shall bear the risk of, and will be responsible for the insurance of, any and all
inserts, printing stock, electronic media or other material which it provides to GJI to enable it
to supply services and/or goods to or for the Customer.
Termination
32. GJI and the Customer may each by written notice to the other immediately terminate any
contract for the supply of services and/or goods by GJI to the Customer if:
a) the other materially breaches any of its obligations under these Terms and Conditions and
fails to rectify the breach within 14 days of being required in writing to do so;
b) the other (being an individual) becomes bankrupt;
c) an order is made or an effective resolution is passed for the winding up of the other or for
the appointment of a receiver or manager of the other or its property or assets or any part
of them.
General
33. The fact that GJI fails to do, or delays in doing, something it is entitled to do under these
Terms and Conditions, does not amount to a waiver of any of its rights.
34. The Customer may be required to pay GJI interest on overdue payments.
35. These Terms and Conditions are governed by and must be construed in accordance with the
laws of Queensland.