TERMS & CONDITIONS OF SALE
Goods and Services are sold and supplied on the following Terms and Conditions unless expressly agreed in writing between the vendor “Ezy Badges” and the Buyer.
1. Orders may be placed via Vendor website www.ezybadges.com.au or via Vendor email jack@ezyid.com.au
2. Incorrect Information: The Buyer shall be responsible for, and bear the cost of, any alteration to goods supplied (or in progress of manufacture or purchase) by the Vendor, arising from any discrepancy, error or omission in any drawing or information supplied by, or approved by the Buyer. The Vendor cannot accept responsibility for errors where the Buyer has not confirmed requirements in writing.
3. Cancelled Orders: Orders can only be cancelled by the Buyer prior to commencement of the Buyers pending order/s. Orders that have been commenced cannot be cancelled except upon the terms which will compensate the Vendor for all works done, any obligation to a third party resulting from the Vendor’s order, and materials ordered, used or purchased by the Vendor as a result of the Buyer’s order to the date of written cancellation. The cancellation of any order must be confirmed in writing. Verbal cancellations will not be accepted.
4. Force Majeure: Every effort will be made to carry out this contract, but due performance is subject to variation or cancellation by the Vendor owing to acts of God, War, Strikes, Lockouts, Fire, Flood, Drought or any cause beyond the Vendor’s control or owing to the inability to procure materials or articles (or at enhanced prices).
5. Delivery: Each order shall be delivered to the Buyer, the Buyer’s agent, or the Buyer’s arranged carrier, at a place nominated by the Buyer in writing at or before the time of placing the order, provided that the Buyer notifies the Vendor in writing of the precise address for delivery and that such address is in Australia.
6. Freight: Unless otherwise stated by the Vendor in writing, all quotes include delivery from St Agnes, SA. The Vendor provides a delivery service via Australia Post. Handling Fees are charged to Buyer’s account at time of invoice. Unless a specific method of delivery is nominated by the Buyer, the Vendor will determine the appropriate delivery option provided by Australia Post. Delivery times may vary according to delivery method and are not guaranteed, unless clearly stated.
7. Variations in Costs: All estimates and/or quotations are based on the prices of materials, wages, or taxes (including exchange rate variations where applicable) existing at the date of quotation. Any increase or decrease may be added or deducted from the quotation by the Vendor, prior to acceptance of the order.
8. Terms of Payment: Subject to any other specific credit or payment terms being agreed in writing by the Vendor in its sole and absolute discretion, the Buyer must pay for all orders within 7 days of the date of Invoice. The Vendor reserves the right to suspend or cease the supply of goods to overdue accounts until such time as payment in full has been received.
9. Claims: The Buyer should inspect the goods on receipt. All claims must be made in writing within 14 days of receipt of goods by the Buyer.
10. Return of Goods: Goods may only be returned to the Vendor if they do not conform to the Buyer’s order or are not in compliance with specifications made in writing. All goods for return must be returned within 14 days of receipt by the Buyer and must be in an as new condition and accompanied with the original invoice.
11: Implied Warranties: To the extent permitted by law, the Vendor excludes all warranties and representations except as expressly provided in these terms and conditions. Nothing in this clause excludes, restricts, or modifies the operation of Part VA of the Trade Practices Act 1974 to the extent to which that Part of the Act applies to goods supplied by the Vendor.
Liability for a breach of a condition or warranty necessarily implied into these terms by the Act is limited to any one of the following, as determined by the Vendor in its sole discretion:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
or d) the payment of the cost of having the goods repaired.
In no event is the Vendor liable to the Buyer for any incidental or consequential damages in respect of such breach of condition or warranty.
12. Overpayment of Account and refunds: In the event of an overpayment on a customer account, the amount will be refunded within 7 days from notification provided by the Buyer. As an alternative, the amount can be left as a credit on the account to apply against future orders at no cost.
13. Copyright: All designs, artistic creations, moulds, tools, products, etc. created by the Vendor are copyright to the Vendor and must not be transferred to third parties without the Vendor’s written consent. Artwork and designs given to the Vendor for reproduction are received in good faith as belonging to the Buyer and claims of breach of Copyright by the Vendor by third parties shall be referred to the Buyer for compensation by the injured party.
14. GST Impact: The Vendor is registered for GST pursuant to the A New tax System (Goods & Services Tax) Act 1999 (the “GST Act”). The Vendor’s ABN is 82 965 095 386
All prices quoted are inclusive of GST payable pursuant to the GST Act.
The Vendor will issue tax invoices to the Buyer upon delivery of ordered goods. The Buyer is solely responsible to claim all input tax credits or other benefits (if any) available to the Buyer, pursuant to the GST Act in respect of any amounts the Buyer pays to the Vendor.
The Vendor reserves the right to adjust prices or to adjust as contemplated by the GST Act if any amount paid by the Buyer is subsequently found by the Vendor to have been incorrect for any reason or in any respect and the Buyer agrees to co-operate fully with the Vendor in respect of such adjustment.
15. Any artwork, samples and photography of products produced by the Vendor may be used in promotional materials in print and web-based platforms unless the Buyer has specified against this in writing.
16. Any changes to the materials, process of manufacture or application “Clear Glaze” epoxy doming may cause slight variations in the colours and appearance of products supplied by the Vendor. A product which does not exactly match a pre-existing sample will not be considered faulty unless a request for an exact match was made in writing by the Buyer at the time of order.