Terms & Conditions
Terms and Conditions - Status Signs Pty Ltd TA Status Signs
1.1 Subject to paragraphs 1.2, 2, 3 and 4, all prices quoted are based on work specified in the quote (or the verbal instructions given at time of order). Quotes are valid for a period of 30 days from their date. Quotes will be deemed accepted upon the Customer making an Order and payment of deposit.
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and are subject to amendment by Status Signs before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order, provided there is no unreasonable delay on the part of Status Signs.
1.3 In the case where an estimate only can be given prior to commencing work, this will be identified on the quote and therefore the quoted price is subject to change and the client will be invoiced accordingly. Where possible Status Signs will endeavour to liaise with the client regularly regarding any issues. However the client is bound to accept the invoiced price which will be calculated on completion, and accepts that this price is not subject to negotiation.
1.4 Status Signs is not bound to honour any verbal quotations or estimates, all quotations must be in writing and are subject to the above.
2. Customers Instructions
2.1 Status Signs shall only be required to fulfil the instructions specified in the quote. The customer is responsible to provide written instructions at the time of quotation. Status Signs shall not be responsible for errors or omissions due to misinterpretation of verbal instructions.
2.2 The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).
3. Expedited Delivery
3.1 Customer acknowledges that a requirement for urgent delivery increases the likelihood of defects. Status Signs will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent delivery.
3.2 The price will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent delivery. If the client requires confirmation of this loading prior to approving the quotation the client can request this information, otherwise the charge will be added to the invoice.
4. Outside Work
4.1 If Status Signs has to obtain goods and/or services not normally stocked or supplied by Status Signs from a third party in order to carry out the customer’s instructions:
a) Status Signs acquires these goods and/or services as agent for the customer and not as principal. It will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party supplier.
b) The customer must pay for such goods and/or services.
c) Any such goods are obtained on the basis that title in those goods passes to Status Signs when the goods are incorporated into the work done by Status Signs.
5. Suspension of Work
5.1 The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, entitles Status Signs to payment in full for the work completed up to the suspension date.
6. Canceled Orders
6.1 Orders cannot be canceled except upon terms, which compensate Status Signs for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7.1 Once the work is completed Status Signs will invoice the customer for the quoted price plus any additional charges referred to above.
7.2 All invoices shall be paid C.O.D. or prepaid as per the terms stated on the quotation unless prior arrangements are agreed in writing with Status Signs and authorised by a Director of Status Signs. Any credit arrangements will require an Account Application form to be completed and approved by Status Signs. Any goods supplied prior to approval of the trading account are subject to normal trading terms which are C.O.D or prepaid.
7.3 Status Signs may at its option charge interest (at the rate of the Commonwealth Bank of Australia on overdrafts not exceeding $100,000 plus 3%) on amounts not paid when due, such interest is to be calculated on a daily basis from the date any such amount should have been paid until the date of payment as a genuine assessment of the damages which Status Signs will suffer.
7.4 If the customer fails to pay when due, Status Signs may contract with third parties to recover such payment, Status Signs will be entitled to recover costs paid to such third party in addition to any other monies payable under these terms. Acceptance of a quotation constitutes agreement to this.
7.5 Until the buyer has paid all monies owed to Status Signs then ownership of all goods supplied by Status Signs to the Buyer under this contract or otherwise remains with Status Signs.
(a) Shall hold all such material in its possession or that of its employees or agents, as fiduciary agent and trustee for the company.
Any agreement by Status Signs to extend credit to the Buyer or any other indulgence shall not affect the Buyer’s liability to account to the Status Signs as aforesaid or the ownership of the goods by the Company.
(b) Upon any default by it in payment of any amount due to the Status Signs, or upon committing an act of bankruptcy (if an individual), or going into liquidation, provisional liquidation, receivership or administration (if a Company), or having a mortgagee enter into possession, irrevocably authorises the Status Signs by its servants or agents to enter into the premises occupied by the Buyer or persons associated with the Buyer for the purpose of taking possession of and removing goods, and hereby authorises the Status Signs by its servants or agents to use all reasonable force to obtain such possession and effect such a removal.
7.6 Goods or services are supplied on the basis that these conditions form part of the sale and the Buyer accepts that these conditions apply to its agreement for the purchase of goods from the Status Signs.
7.7 The Buyer hereby charges all beneficial interests (freehold and leasehold) in land wherever located held now or in the future by the Buyer with the amount of the Buyer’s indebtedness to Status Signs and the Buyer’s obligations pursuant to the Terms and Conditions. The Buyer agrees that if demand is made by the Status Signs, the Buyer will immediately execute a consent to caveat or mortgage (the terms of such mortgage as determined by the Status Signs) as required by the Status Signs to secure the obligations and liabilities of the Buyer to Status Signs. If the Buyer fails to execute a consent to caveat, or mortgage within a reasonable time of being so requested, the Buyer irrevocably appoints the company and any agent or solicitor of the Status Signs to be the Buyer’s true and lawful attorney to execute and register such instruments.
8. Warranties and Conditions
8.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Status Signs are expressly excluded (unless such warranties cannot at law be excluded).
9.1 The goods are at the risk of Status Signs until delivered to the customer by Status Signs at its premises or installed.
9.2 Status Signs shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
9.3 Notwithstanding anything in this clause, risk in the material passes to the Buyer upon delivery of the material by Status Signs to the Buyer, its employees or agents.
10.1 To the fullest extent permitted by law, except as provided herein, Status Signs shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or arising out of Status Signs’ negligence, or in any way whatsoever.
10.2 All warranties and representations not set out herein are hereby excluded to the extent permitted by law and all liability of Status Signs for damages consequential or otherwise is excluded. To the extent that the company may be liable for a breach of condition or warranty under Division 2 and 2A of Part V and under Part VA of the Trade Practices Act 1974 (other than a condition of warranty implied by Section 69 of the Act) the liability of the Company, to the extent permitted by law, shall be limited to the replacement of the material concerned, the supply of equivalent material or the repair of the material, whichever is determined by it.
1. In the case of goods, any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
2. In the case of services:
a) The supplying of the services again;
10.3 Status Signs will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Status Signs or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Status Signs to exercise due care and skill in handling or storing such property.
10.4 Force Majeure. Status Signs will not be liable for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond Status Signs’ reasonable control, including and without limiting the generality of the foregoing by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
10.5 Delivery. The delivery terms are estimates only. Status Signs will not be liable for any loss, damage or delay suffered by the customer because of late or non-delivery of goods or services.
11.1 The customer must inspect goods or services supplied by Status Signs within 7 days from delivery. Any claims against Status Signs must be in writing within such seven (7) days. No claims shall be made by the customer beyond this period.
13.1 Copyright in all artistic and literary works authored by Status Signs shall remain the property of Status Signs unless there is a written agreement to the contrary.
13.2 The customer warrants to Status Signs, that the customer has copyright in or a licence to authorise Status Signs to reproduce all artistic and literary works supplied by the customer to Status Signs for the purpose of the Order. The Customer expressly authorises Status Signs to reproduce all and any of such works for the purposes of the Order.
13.3 The Customer indemnifies and agrees to keep Status Signs indemnified against all liability, losses or expenses incurred by Status Signs in any way directly or indirectly connected with any breach of copyright in materials supplied by the customer.
13.4 Conditional upon receipt of payment in full for the work performed by Status Signs, Status Signs grants to the customer a non-exclusive license to use the copyright in works created by Status Signs for the purposes of the Order.
14.1 The customer must keep confidential and must not (without Status Signs written consent) use any ideas, systems or processes communicated or made available by Status Signs to the customer.
15. Electronic Media
15.1 All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Status Signs to store data for the purposes of completing the Order are the property of Status Signs. The customer cannot require Status Signs to supply to the customer any such data. Status Signs may charge the customer for supplying such data where it chooses to supply such data to the customer.
15.2 Status Signs will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Status Signs agrees to store such data, Status Signs may charge the customer to do so.
16. Goods and Services Tax
16.1 The customer will be liable for any goods and services tax payable on the supply of goods and/or services by Status Signs to the customer.
17. Installation Sites
17.1 Unless identified in the quote the customer is responsible to obtaining approval and access to sites for any installation or repair work being carried out by Status Signs.
17.2 Unless identified in the quote, the customer is responsible for obtaining from council or main roads approvals and any other relevant bodies.
17.3 If signs are required to be removed or onsite delays to the work being carried out caused by the failure of client to make arrangements regarding site access (with third parties) council approvals or any other matter will incur additional charges for which the client is responsible. No action will be taken until a purchase order has been received by Status Signs, and payment terms are agreed on a case by case basis.
18. Installation of Supplied Goods
18.1 Status Signs will not be held responsible for the quality, workmanship or design of goods or installation of any signage supplied by the client, and installed by Status Signs. This includes any goods (including prints) supplied by third party signage company on behalf of the client.
18.2 Status Signs is not responsible for any damage caused to signage or other goods supplied by the client (including prints) during the installation process. The client is responsible for covering the costs of replacing any signage materials (including prints) that cannot be reproduced in-house by Status Signs.
19.1 Status Signs will not be held responsible for any errors or omissions in artwork if the client has not provided written artwork approval prior to production, or if they have instructed Status Signs either verbally or in writing to proceed without providing such written confirmation.
19.2 The client takes full responsibility to check all artwork proofs carefully and to notify Status Signs of any changes required to the artwork prior to production.
Timeframes for Production
20.1 Wherever possible Status Signs will adhere to any agreed timeframes for the supply and/or installation of signage not withstanding any acts beyond the control of Status Signs, or in the case whereby the client doesn’t fulfil their obligations in a timely manner to allow Status Signs to meet production deadlines. This includes but is not limited to, providing written approval of the quotation, payment of deposit, supply of artwork or artwork approvals within production deadlines specified by Status Signs, arranging site access etc.