Terms & Conditions

DEFINITIONS
To these Terms and Conditions of Sale, the following definitions apply:

a) “Company” means South Viking Pty Ltd (ACN 135 191 427) T/as Signworks Australia or any Related Body Corporate to any of those companies as defined by the Corporations Act;

b) “Returns and Damage Allowance Terms and Conditions” means those terms and conditions published on www. signworksaustralia.com from time to time;

c) “Customer” means any person at whose request or on whose behalf the Company provides a service;

d) “GST” means the Goods and Services Tax imposed in Australia by legislation;

e) “Order” means an order by the Customer to the Company requesting supply of Goods;

f) “Person” includes persons or anybody or bodies corporate;

g) “Goods” means all goods and services purchased or ordered by the Customer from the Company;

h) “Indent” means an order for product to be exported or imported;

i) “Custom” means product made according to the specifications of an individual purchaser;

j) “Permitted Security Interest” means any security interest which the Company consents to or otherwise agrees in writing with the Customer will be a Permitted Security Interest for the purposes of these terms and conditions;

k) “PPSA” means the Personal Property Securities Act 2009 (Cwth);

l) “PPSR” means the Personal Property Security Register;

m) “Purchase Money Security Interest” that has the meaning prescribed to it in the PPSA;

n) “Security Interest” includes any security interest under the PPS Act.

GENERAL

The Company and the Customer shall be bound by these terms and conditions. No term or condition contained in the Customer’s Order shall be allowed to amend or delete any of these terms and conditions unless expressly agreed in writing by a duly authorised officer of the Company. Changes to the terms and conditions of sale will apply to all new Orders after notification.

ACCEPTANCE OF GOODS

a. It is the customer’s responsibility when entering this contract or ordering, to ensure the Goods and services ordered conformed to the Customer’s requirements and are suitable and sufficient for the customer’s purpose.

b. It is the customer’s responsibility to provide all information necessary to enable performance of the contract and the customer shall be responsible for any costs arising directly or indirectly from any error or omission in that information or any delay providing that information.

c. Failure by the Customer to notify the Company of any non-conformity to description or the terms and conditions of this contract shall constitute an irrevocable acceptance of the Goods by the Customer.

PRICE & QUOTATION

a. Prices quoted may be subject to change at any time. Whilst every effort is made to inform the Customer should this occur, it is the Customer’s responsibility to confirm validity of pricing upon submitting a Purchase Order or similar.

b. Prices quoted are exclusive of GST and the Customer is required to pay any GST payable by the Company in respect to the supply of Goods while the price is required to be paid by the Customer to the Company.

c. If quote approval (verbal or written) is not submitted to the Company within 14 Days, the price and quotation will be deemed null and void.

d. All quotes not approved or cancelled by the Customer (verbal or written) within the 14 Day timeframe (or later) will incur a non-negotiable $195 fee exclusive of GST to cover initial site visits, measurements, sketch work and estimators quote preparation time.

e. All quotes awarded to a Person other than the Company (verbal or written) within the 14 Day timeframe (or later) will incur a non-negotiable $195 fee exclusive of GST to cover initial site visits, measurements, sketch work and estimators quote preparation time.

f. The fees in 4 (d) and 4 (e) are chargeable to the Customer. Quotes where site visits are not required may exclude this fee.

g. Where a quotation or contract has been accepted and the Customer subsequently reduces, omits, defers, or otherwise materially alters the scope of Works (including deletion of items), the Company reserves the right to apply a reasonable scope adjustment fee. This adjustment is intended to recover costs and commercial impacts already incurred or committed by the Company, including but not limited to project management, administration, procurement planning, production scheduling, labour allocation, mobilisation, and loss of opportunity.

??Any such scope adjustment fee may be applied in addition to payment for works completed and approved variations and will be calculated as a percentage of the value of the omitted or reduced scope, or as otherwise reasonably assessed by the Company.

PAYMENT TERMS & CREDIT POLICY

a. The Company may require a deposit on Order and any balance of the price owing must be paid either before or on delivery of the Goods to the Customer.

b. Where credit terms have been granted by the Company and the Company has agreed to provide the Goods to the Customer on credit terms of “Net 14 Days from Statement Date”. Credit approval  once  granted  may  be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment of all Goods supplied is required prior to delivery.

c. A service fee may apply to any payments made by credit card.

d. The Customer must pay the Company the amount set out in invoices within the agreed terms from the date on which the invoice was raised. The Company may charge interest on all amounts not paid by the Customer within the time for payment at a rate of 20% per annum above the RBA cash rate. Interest shall be calculated daily and capitalised monthly from the due date of payment until payment has been received in full. If the Customer defaults in payment of any invoice when due and payable, the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt.

VARIATIONS & CLIENT APPROVALS

a. Any variation to the Works must be approved in writing by the Customer or its authorised representative prior to commencement, unless urgent works are required for safety, compliance, programme, or manufacturing lead time reasons

b. Where the Customer directs the Company to proceed with a variation (whether by email, portal instruction, marked-up drawings, site direction, or other written communication), such direction constitutes full authority for the Company to proceed and incur associated costs.

c. Payment for approved variations is not conditional upon the Customer obtaining approval, certification, or funding from any third party, principal, superintendent, or client.

d. Where the Company proceeds with a variation following written instruction from the Customer, all costs incurred by the Company (including but not limited to design, procurement, manufacture, booking of production time, materials, subcontractor costs, and labour) are payable in accordance with the agreed variation value or, failing agreement, at reasonable rates plus margin.

e. If the Customer advises that third-party approval or funding has not yet been obtained, the Company reserves the right to defer commencement of the variation until such approval or confirmation of funding is received.

f. Any delay in third-party approval or funding shall not prejudice the Company’s entitlement to payment for variations properly instructed and performed.

FREIGHT

All orders are subject to a freight/ delivery charge. Charges are subject to change at any time

PRIVACY ACT

The Customer also agrees to the Company collecting, using, and disclosing personal information of the Customer for the purpose of supply of the Goods to the Customer and the management of the Customer’s account.

DELIVERY

a. Any times quoted by the Company for delivery of the Goods are estimates only and the Company shall not be liable for any failure to deliver or for any delay in delivery.

b. The Customer shall not be relieved of any obligation to accept or pay for Goods ordered by reason of any delay in delivery or dispatch.

c. If the Customer is unable to accept delivery of the Goods as arranged, then the Company shall be entitled to charge a reasonable fee for redelivery. Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purpose of the Terms.

RETENTION OF TITLE

a. If the Customer owes the Company any part of the sale price for Goods supplied at any time the Company shall retain the legal title in all Goods supplied and not yet used or resold. The Customer shall keep such Goods stored separately during the time he has them in such a way that Goods remain identifiable and shall hold such Goods as bailee for the Company. When such Goods are filled or used, even with loss of identity, legal title to the resultant product shall vest in the Company.

b. If the Customer resells the Goods aforesaid before all moneys payable by the Customer to the Company have been paid, the Customer agrees that it holds the proceeds of re-supply of the Goods on trust for and as agent for the Company immediately when they are receivable or received, such proceeds to be kept in a separate account.

c. It is further accepted, acknowledged, and agreed that:

i. the retention of title clause herein constitutes a security agreement for the purposes of the PPSA which creates a Security Interest in all Goods including any Commingled Goods. It is the intention of the Company and the Customer that upon registration of the Company’s Security Interest on the PPSR a Purchase Money Security Interest will result; and

ii. until such time as ownership of the Goods shall pass from the Company to the Customer, the Company  may  give  notice  in writing to the Customer to return the Goods to the Company. Upon such notice the Customer ‘s rights to obtain ownership or any other interest in the Goods shall cease.

STATUTORY GAURANTEES UNDER THE AUSTRALIAN CONSUMER LAWS

a. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures to a service or product we provide, our consumer is entitled:

i. to cancel their order or contract with us; and

ii. to a refund for the unused portion, or to compensation for its reduced value.

b. Our customers are entitled to a replacement or refund for major failures with goods we supply. If a failure with a goods or a service does amount to a major failure, our customers are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

WARRANTY & LIABILITY OF COMPANY

a. To the extent permitted by law, liability of Company for breach of this contract by the Company or negligence of the Company or for breach of any conditions or warranty implied by the Competition and Consumer Act, 2010 and / or the Sales of Goods Act 1896 (as amended) shall be limited to one of the following at the Company’s option:

i. the replacement of the Goods or the supply of equivalent Goods; or

ii. the repair of the Goods; or

iii. the payment of the costs of replacing the Goods or of acquiring equivalent Goods; or

iv. the payment of the cost of having the Goods repaired.

b. To the full extent permitted by law all other warranties or liabilities imposed or implied whether by law or by statute are expressly negatived.

c. Customer shall assume all risk and liability resulting from the use of the Goods either alone or in conjunction with other Goods or materials even if Company had or should have had prior knowledge of use to which the Goods would be put.

d. To the extent permitted by law, the Company is not liable to the Customer for any indirect or consequential losses, loss of profits or use, any rectification costs, or third-party claims in connection with providing the Goods.

INTELLECTUAL PROPERTY

SECURITY INTEREST

GENERAL COVENANTS

RETURN OR REJECTION OF ITEMS SUPPLIED

PACKING METHOD OF DELIVERY & POINT OF DELIVERY

ERRORS IN COMPANY DOCUMENTS

WARRANTY

GUARANTEE

JURISDICTION

EXTRAORDINARY EVENTS BEYOND OUR CONTROL

WAIVER

PROJECT INSTALLATION GUIDELINES

HIRE SIGNS

Please note: There have been recent changes to the National Construction Code regarding the installation of flammable materials on the walls of buildings. Signworks Australia cannot provide advice in relation to the suitability of our signage where building regulations need to be met. We encourage you to seek your own independent legal advice before installing any materials on your wall or building.