TERMS & CONDITIONS
This agreement shall be subject to the provisions of the Competition and Consumer Act 2010 (Cth) and any statutory amendment or re-enactment thereof for the time being in force.
“Company” shall mean Kokkinos Labels Pty Ltd A.C.N. 006 131 531, A.B.N. 83 215 635 276, T/As Colourstone Melbourne and Colourstone Shanghai, including its agents, servants and employees, and any of its subsidiaries as defined in the Corporations Law (if such subsidiary is named as the party making or accepting the order).
“Purchaser” shall mean and include the person, business and/or company’s associates and/or employees to whom any quotation or offering to contract goods and services from the Company on these terms and conditions.
“Goods” shall mean products and services contracted by the Manufacturer to the Customer.
“Order” shall mean any document or verbal approval confirming the purchase of Goods from the Company.
“GST” shall have the same meaning as per the “A New Tax System (Goods and Services Tax) Act 1999 (Cth)”
Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa
2. ONLINE DISCLAIMER
The Manufacturer cannot guarantee that email generated, or use of its website and its facilities are free of viruses or other conditions which may damage or interfere with the customer’s data, hardware or software. It is used on the strict condition that the Customer carries out and relies on its own procedures for ensuring that its use will not interfere with the their systems and the Customer assumes all risk of use and absolves the Manufacturer of all responsibility for any consequence of its use. Use of the Manufacturer’s website and its facilities, and/or submitting an Order to the Manufacturer signifies the Customer’s acceptance to the Manufacturer’s Terms and Conditions. All information and contents within the Manufacturer’s website are the property of the Manufacturer, and are subject to trademark and copyright laws. No material from this website may be copied, reproduced, downloaded, distributed, or transmitted in any way or form without written permission from the Manufacturer.
3. OFFER AND ACCEPTANCE
Any quotation made by the Company is not an offer to sell or to provide services and no order given in pursuance of any quotation shall bind the company until accepted by it in writing or by the commencement of supply or the provision of services.
Unless otherwise agreed in writing all orders are subject to acceptance by the Company within 30 days of receipt by the Company of the Purchaser’s Order and these terms and conditions shall be deemed to be incorporated in any agreement between the Company and the Purchaser. Any terms and conditions contained in any order offer acceptance or other document of the Purchaser and all representations statements terms conditions and warranties (whether implied by statute or otherwise, not embodied herein are expressly excluded to the fullest extent permitted by law. Once accepted, prices in the quotation, except for the standard variations detailed on the quotation, shall firm until the termination date.
(a) Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by the Company in writing providing for liquidated damages for failure to deliver by the quoted date the Company shall not be liable to the Purchaser for any loss or damage howsoever arising even if arising out of the negligence of the Company for failure to deliver on or before the quoted date. The Purchaser shall accept and pay for goods if and when tendered notwithstanding any failure by the Company to deliver by the quoted date. Written advice to the Purchaser that goods are ready for delivery whether in whole or in part shall constitute tendering and the terms of payment shall apply.
(c) The Company reserves the right to deliver by instalments. If delivery is made by instalments the Purchaser shall not be entitled:
(I.) to terminate or cancel the contract; or
(ii.) to any loss or damage howsoever arising for failure by the Company to deliver any instalment on or before the quoted date.
(d) Any quotation containing a provision to supply goods “ex stock” is subject to fulfilment of prior orders at the date of receipt of the Purchaser’s Order.
Subject to Section 75A of the Competition and Consumer Act 2010 and without limiting the entitlement of consumer to rescind a contract as provided in that Section, any order may only be cancelled, varied or suspended with the written consent of the Company and in the event of such cancellation, variation or suspension, the Purchaser undertakes to reimburse and indemnify the Company for any costs expenses or charges incurred by the Company in preparation for and in the execution of an order which, without limiting the generality thereof, shall include an amount equal to 50 per centum of the net profits to the Company of the order had the order not been cancelled, varied or suspended.
(a) In addition to any other rights of the parties to terminate the Agreement, either party may terminate the Agreement, in whole or in part, at any time and for any reason upon ninety (90) days written notice to the other party.
(b) In such case, the Purchaser shall only pay to the Company the following amounts without duplication:
(I.) the price for all goods that have been completed in accordance with the Agreement and not previously paid for; and
(ii.) the actual costs of work-in-process and raw materials incurred by the Company in furnishing goods under the Agreement to the extent such costs are reasonable and are properly apportionable under generally accepted accounting principles to the terminated portion of the Agreement less the reasonable value or cost (whichever is higher) of any goods or material used or sold by the Company to third parties with the Purchaser’s consent and any damaged or destroyed goods or material.
No claim for shortage of delivery or shortfall or excess in capacity or performance of less than ten percent of that ordered will be made by the Purchaser and in any event shall not exceed the invoiced unit price of the goods in respect of which the claim is made. Excess delivery of up to ten percent of quantities ordered will be accepted by the Purchaser and payment made for such excess quantities. This Condition 5 does not apply when the Purchaser is a Consumer for the purposes of the Competition and Consumer Act 2010.
7. AMENDMENTS AND WAIVER
Kokkinos Labels Pty Ltd shall not be taken to have agreed to any amendment or waiver of any provision of these terms and conditions or of the contract unless the amendment or waiver shall be in writing signed by Kokkinos Labels Pty Ltd. No terms and conditions offered by the Customer after the date of this contract shall form part of this contract, unless expressly agreed in writing by Kokkinos Labels Pty Ltd.
8. INSOLVENCY AND DEFAULT
(a) the Purchaser makes default in any payment due hereunder:
(b) a resolution is passed or proposed or a petition is presented or an application filed for the winding upon of the Purchaser;
(c) a receiver or receiver and manager is appointed of the property or any part of the property of the Purchaser;
(d) the Purchaser makes or proposed to make any arrangement with its Creditors:
(e) the Purchaser is placed under official management;
(f) execution is levied upon the assets of the Purchaser for an amount in excess of $1,000.00 and is not within seven days satisfied, then, in any such event the Company may at its option withhold further deliveries or cancel the contract without prejudice to its rights hereunder PROVIDED HOWEVER that the Company may at any time and from time to time upon such terms as it may determine waive any of its rights under this Clause, but without prejudice to its right thereafter to reply upon the happening thereafter of any of the events hereinbefore referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
9. TITLE LIEN
(a) Title to the goods to be delivered with not pass to the Purchaser until payment in full for the goods has been received by the Company. Until the date of final payment the Purchaser shall store the goods so that they are clearly identified as the property of the Company.
(b) In addition to any lien to which the Company may, by statute or otherwise, be entitled, the Company shall in the event of the Purchaser’s insolvency, bankruptcy or winding-up by entitled to a general lien on all property or goods belonging to the Purchaser in its possession (although such goods or some of them have been paid for) for the unpaid price of any other goods sold and delivered to the Purchaser under this or any other arrangement understanding or contract.
(a) Unless otherwise agreed in writing payment terms for approved credit account holders are net cash 14 days from which the goods are delivered to the Purchaser his carrier or agent.
(b) If the Company does not receive forwarding instructions sufficient to enable it to dispatch the goods within 14 days of notification that they are ready, the Purchaser shall be deemed to have taken delivery of the goods and the terms of payment shall apply from such date. The Purchaser shall be liable for storage charges payable monthly on demand, storage being at the Purchaser’s risk.
(c) The Company may charge interest on amounts overdue at a rate not exceeding 2 percentage points above the prevailing ANZ Bank Reference Rate.
(d) If the full purchase price is not received by the Company on the due date for payment thereof, the Company shall have the right, in addition to the other rights at law and under this document, to retake possession of the goods. In any such event, the Company may at its option withhold further deliveries or cancel the contract without prejudice to its rights hereunder, and this Company shall not be liable for any consequential damages, loss, injury or prejudice arising directly or indirectly from such action.
(a) When quotations are for piece prices, weight as accurate as possible shall be established and agreed upon and quotations shall be subject to revision on any variation from the quoted weight.
(b) The Purchaser shall be liable for charges if it changes an order, unless notice of revision is made in writing and received by the seller prior to commencement of work on that order.
(c) Prices quoted by the Company and/or the price of any goods sold by the Company are subject to change without notice at any time prior to the Company delivering the goods to the Purchaser where such change in price is made pursuant to this clause.
12. FORCE MAJEURE
This Company shall not be liable for failure to deliver or install or for any delay in delivery or installation arising from any cause whatsoever beyond this Company’s control including but without limiting the generality of the foregoing war, any law or provision having or purporting to have the effect of law, strike, industrial action, lock-out, Civil commotion, restraint by governments, act of God, fire, unlawful act or non-availability of or delay in delivery of supplies and this company shall not be liable for any consequential damages, loss, injury or prejudice emanating directly or indirectly from failure or delay in delivery or installation arising from such cause and in addition where such failure to deliver or install or delay in delivery or installation arises from such a cause this company shall be entitled to payment for any work already completed or deliveries made calculated on the basis of the quoted price, and the Company may extend the time of delivery or installation or if the Company is unable to deliver or install, the contract shall be voidable at the Company’s option with no right to either party for any damage, cost, loss or expense.
(a) No claim by the Purchaser for faulty workmanship or failure to supply goods conforming to the Purchaser’s orders shall be recognised by the Company unless made in writing to the Company within 14 days after delivery of the goods, stating invoice number and date of delivery. No claim for consequential damages, loss, injury or prejudice, direct or indirect in respect of any goods shall in any case exceed a claim for replacement of the goods or the invoice price of the goods. All damages or expense, consequential or otherwise, over and above such invoice prices shall be the responsibility of the Purchaser.
(b) The Company will not accept claims from the Purchaser for repeat orders of goods where the finished appearance (being colour or stock quality) may vary from that of previously supplied goods, as raw material stock used to produce the goods are susceptible to variations, or be limited to availability.
(c) It is the responsibility of the Purchaser to ensure that Goods produced by the Company do not breach any Copyright laws, and the Purchaser indemnifies and will keep the Company indemnified against any liability, loss or expense suffered by the Company as a direct or indirect result of this.
14. RETURN OF GOODS
(a) Credits will only be allowed if claims are made within 14 days of the dispatch date of goods, and in every case, the original number and date of invoice must be quoted.
(b) Under no circumstances may goods be returned for credit unless accepted by this Company in writing.
(c) Goods wrongly ordered will be accepted only at the discretion of this Company.
(d) A credit to value of the purchase price will be provided for all goods, which after inspection by the Company, are deemed not to conform to the specification or drawing provided by the customer and which was used in the manufacture of the product.
(e) Goods not returnable fall into the following categories:
(i) Any goods supplied on this Company’s invoice and marked “Not Returnable”;
(ii) Any goods that have been used, demonstrated or displayed; Any goods fabricated or altered for a special application;
(iii) Any goods altered or damaged by the customer.
(g) On all returned goods accepted for credit a charge of 5% will be made for handling.
(h) Packing of all goods returned should be intact and complete with any instruction sheet, etc supplied. Where original manufacturers carton seals have been broken, a re-stocking charge will be applied.
(i) Freight and packing charges for goods returnable are the responsibility of Purchaser and if not prepaid, will be deducted from the credit or charged separately.
15. NO WAIVER
Waiver by Kokkinos Labels Pty Ltd of a breach of these terms or any right or power arising on a breach of these terms must be in writing and signed by Kokkinos Labels Pty Ltd. A right or power created or arising on a breach of these terms is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.
16. LAW TO APPLY
Any contract undertaken by this Company shall in all respects be governed and construed in accordance with the laws VICTORIA. Any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in VICTORIA and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Your personal information
Personal information held by us may include your name, date of birth, addresses, telephone or mobile phone number, email address, bank account or credit card details, driver’s licence number, username or password.
How we collect personal information
We collect personal information in a number of ways, including:
* directly from you, for example, when you provide information by phone, in application forms or other agreements, or when you submit your personal details through our websites;
* from third parties such as our related companies, credit reporting agencies or your representatives;
* from publicly available sources of information;
* from the organisations identified under ‘When we disclose your personal information’.
How we use your personal information
Your personal information may be used to:
* verify your identity;
* assist you to subscribe to our services;
* provide the services you require;
* administer and manage those services, including charging, billing and collecting debts;
* inform you of ways the services provided to you could be improved;
* conduct appropriate checks for credit-worthiness and for fraud;
* research and develop our services;
* gain an understanding of your information and communication needs in order for us to provide you with a better service; and
* maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.
Also, your personal information is collected so that we, can promote and market services to you (including by way of direct mail, and email and telemarketing). This is to keep you informed of products, services and special offers and may continue after you cease acquiring services from us. If you do not wish us to contact you to promote and market products, services and special offers to you, please call +613 9890 4699.
When we disclose your personal information
In order to deliver the services you require, we may disclose your personal information to organisations outside of Colourstone. Your personal information is disclosed to these organisations only in relation to us providing our services to you.
These organisations carry out our:
* customer enquiries;
* mailing operations;
* billing and debt-recovery functions;
* market research; and
* website usage analysis.
We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
In addition, we may disclose your personal information to:
* your authorised representatives or your legal advisers (e.g. when requested by you to do so);
* credit-reporting and fraud-checking agencies;
* credit providers (for credit related purposes such as credit-worthiness, credit rating, credit provision and financing);
* our professional advisers, including our accountants, auditors and lawyers;
* government and regulatory authorities and other organisations, as required or authorised by law; and
* organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our corporate risk and funding functions (e.g. securitisation).
Help us to ensure we hold accurate information
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date.
However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
* let us know if there are any errors in your personal information; and
* keep us up-to-date with changes to your personal information such as your name or address.
You can access your personal information
You have a right to access your personal information, subject to some exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons.
How to contact us
If you have any questions in relation to privacy, please contact us on +613 9890 4699 between 9.00am and 5.00pm, Monday to Friday. Alternatively, you can write to us on:
Privacy Information Dept
P.O. Box 320