These terms and conditions (“conditions”) of trade and which is intended should , until written notice to the contrary is given by Signal Advantage Pty Ltd, ACN 117238909 trading as Signal Advantage unit trust, governs all goods and items (“goods”) purchased from Signal Advantage Pty Ltd. Notwithstanding whether a formal credit application form of Signal Advantage Pty Ltd has been signed and returned, the following terms and conditions shall prevail and be binding where any order or request for the supply of goods (“order) is made to or placed by the customer of Signal Advantage Pty Ltd.
(1.1) These conditions apply to each order/purchase
(1.2) The term “customer” shall include individual, sole trader, corporate or company or any of its principles and/or employees, who placed orders/purchases from Signal Advantage Pty Ltd.
(1.3) Delivery of goods by Signal Advantage Pty Ltd shall be deemed to be and are subject to agreement by the customer to the conditions.
(1.4) If these conditions are in conflict with other conditions whether accompanying quotation, offer or tender, these conditions shall prevail.
2. Invoice and Title
(2.1) Our terms of payment are strictly 14 days from the date of the invoice. All deliveries will be suspended or held should these terms not be met at any time. All accounts overdue by 60 days will have credit facilities automatically suspended.
(2.2) Any costs or expense incurred by Signal Advantage Pty Ltd directly, indirectly or otherwise in the collection of overdue accounts will be payable by the customer.
(2.3) Title of goods shall remain the property of Signal Advantage Pty Ltd until full payment has been received. The title of the goods passes to the customer at the time of dispatch.
(2.4) Goods will only be dispatched upon receipt of an official purchase order
(2.5) We reserve the right to charge 100% of the order value for customers that do not have an account at the time of order.
3. 1-by-1 Stock
If you have entered into a Signal Advantage 1-by-1 contract, then this clause 3 shall apply.
(3.1) We will prepare a standard template for the goods you have ordered printed with the approved logo and text and any amendments will involve extra charges.
(3.2) We will invoice you for all goods described in the quotation (the “total price”) on your acceptance of our quotation payable within 14 days of this date.
(3.3) During the order period (18 months from the initial order for the templates) we shall accept orders from you for the personalised information and despatch these to you up to 5 working days from receipt of order. Orders will not be accepted after the 18 month order period and the total price will not be re-fundable, irrespective of the number of goods ordered during the order period.
(4.1) All contracts are made on the condition that delivery is “ex works” from our premises. Where we agree to arrange delivery to your premises (a) you will pay our standard packing and delivery charges in addition to the agreed price for the goods, and (b) we shall not be liable for any loss or damage in transit. If you require us to arrange insurance on behalf against loss or damage in transit you must confirm in writing at the time of placing the order.
(4.2) The time quoted for delivery is an estimated time only and shall be adhered to as closely as possible. No responsibility is accepted by Signal Advantage Pty Ltd for any unforeseen delays, or any other circumstances not within the control of Signal Advantage Pty Ltd, causing any delay in the manufacture and/or delivery.
(4.3) Exact quantities of orders on non personalised orders cannot be guaranteed and deliveries are subject to tolerances of up to plus or minus 10% or the order quantity.
(5.1)The customer hereby indemnifies and fully at law releases Signal Advantage Pty Ltd against any loss, damages or expense resulting from any infringement of patent, trademarks and design rights.
6. Returns & Credits
(6.1) Returned goods and credits in respect thereof are only accepted if authorised by Signal Advantage Pty Ltd and subject to Signal Advantage Pty Ltd being notified within 7 days of dispatch of goods.
(6.2) Goods returned must make reference to an invoice number and be properly packed when returned and in good condition.
(6.3) Signal Advantage Pty Ltd may in its sole discretion reject any items returned that are physically damaged or in poor condition.
(7.1) The buyer agrees to pay the relevant sales tax payable at the point of time. All orders will be treated as tax inclusive unless a tax exemption number is provided and signed for. This must be accompanied by a written order.
(8.1) Where we supply software to you, you are responsible for (a) checking the software for viruses, and (b) ensuring that the software is compatible with your other software and equipment. We can accept no liability for this.
(8.2) Where we supply materials for printing on your printer(s), you are responsible for ensuring that such materials are suitable for use with your make and brand of printer. We can accept no liability for any incompatibility including without limitation loss or damage caused by materials jamming or being damaged in, or damaging incompatible printers.