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Terms and Conditions

Terms and Conditions

 

This is a legal document. Please read this document very carefully. If you do not agree with these terms and conditions, you are prohibited from accessing this site.

This agreement is made each time a person accesses this website and / or makes a purchase on our website.

This agreement is between Print Commercial Australia (herinafter known as PCA) and the person accessing this website (hereinafter known as the customer.

 

 

RECITALS:

 

A. PCA offers products and services that include, but are not limited to, paper printing products, promotional products, website design and environmentally friendly products.

B. PCA's products and services may be purchased by Australian and International businesses on the provision that they accept the terms and conditions in this agreement and that they accept that PCA reserves the right to refuse service of any and all products to the customer for whatever reason. PCA agrees that in this event, it will refund any monies paid to the customer for the products that it refuses to provide unless the customer has an outstanding debt with PCA. It will be assumed that any purchase on this website is done by an authorised individual or a business.

C. PCA advertises some of its products and services and may include the products specification and price. These specifications, products and prices should not be relied upon.

 

 

OPERATIVE:

 

 

1. Interpretation

In the interpretation of this Agreement, unless there is something in the subject or context inconsistent therwith -

1.1 Words importing the singular will be deemed to include the plural and vice versa.

1.2 Words importing any gender will be deemed to include all other genders.

1.3 Words importing persons will be deemed to include all bodies and associations, corporate or unincorporate, and vice versa.

1.4 Where there is more than one person or corporation which together constitute a party, the obligations and liabilities of each and every such person or corporation will be joint and several.

1.5 Any references to a statute or statutory provision will be deemed to include any statutory provision which amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and any orders, regulations, instruments or other subordinate legislation made thereunder.

1.6 Headings are included for convenience only and will not affect the interpretation of this Agreement or any Schedule.

1.7 All references to sections, clauses, recitals and schedules are to sections and clauses of and recitals and schedules to this Agreement.

1.8 All references to this Agreement are to this Agreement and all modifications and variations thereto effected in accordance with this Agreement.

1.9 Expresssions cognate with expressions defined in clause 1 will be construed accordingly.

1.10 All references to dates and times are to Australian Eastern Standard Time.

1.11 All references to "$" and "dollars" are lawful currency of Australia.

1.12 All refences to the "site" and "website" are to www.printcommercial.com and www.printcommercial.com.au

 

 

2. General Indemnity

2.1 The customer will indemnify and hold harmless PCA from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages and expenses, including, without limitation, those based on contract or tort, arising out of or in connection with a claim, suit, or proceeding brought by the customer from a breach of any warranty in this Agreement or through the use of using PCA's website.

2.2 The customer acknowledges that PCA will not be liable for any failure of delivery of products or services as a result of the customers actions or inactions and will indemnify and keep indemnifed PCA in respect of any and all such liability to any other party.

 

 

3. Safety

3.1 PCA will endeavour to keep the PCA website safe, but PCA cannot guaranatee it.

3.2 The customer also has responsibilities to keep this site safe. The customer;

- Will not upload viruses or other malicious code

- Will not possess, or attempt to possess login information or access to an account belonging to someone else.

- Will not do anything that could disable, overburden, or impair the proper working or appearance of PCA's site.

 

 

4. The Customers Information

The customer must keep up to date personal details and delivery details. The customer indemnifies PCA if the delivery of a product or service ordered from PCA is sent to the wrong address or cannot be sent because the customer has provided incorrect details, fails to provide current personal details or fails to respond to PCA's attempts to communicate with the customer. The customer will be liable for any additional delivery costs.

 

 

5. Payment

- PCA may use third parties to process payment fees, including, but not limited to PayPal. The customer will not hold PCA liable for any dispute arising with one of our third party payment providers.

- All the information on this site, including but not limited to the product prices and product information should not be relied upon. PA reserves the right to change any information of its products and services. If upon receiving the customer's order, PCA is required to amend the price, the customer will be informed and their approval will be obtained prior to roceeding with the order. If PCA fails to do this, the amount shown on the website when the customer ordered will be payable by the customer

- Payment of orders must be made at the time of ordering. If the payment is not made, it must be made as soon as reasonably possible. Generally, the processing of orders by PCA will not be made until payment is received, although in the case that the job is processed prior to receiving payment, the customer will still be liable for payment.

- Any outstanding payments will incur 40% interest per annum from the data that the order was made. In the event that this percentage rate exceeds the maximum legally allowed rate of interest, the maximum legally allowed interest rate will be used.

- All payments made must be in Australian Dollars, unless using PayPal.

- All pricing on PCA's site are in Australian Dollars unless otherwise advised.

 

 

6. Misrepresentations

- PCA will not be liable for any erors, faults or inaccuracies on its site. It is the responsibility of the customer to confirm with PCA in writing and within 24 hours prior to ordering the product or service about the information that they are relying upon.

 - All information on this website is subject to change without notice.

 

 

7. Proofs

- Most products on this website can come with Hard Proofs. It is the customers responsibility to order a hard proof prior to ordering any orders over $25 to ensure that the product they are ordering is the product that they are expecting to receive. This proof will incur additional cost. The customer can contact PCA for the cost of the hard proof for their particular product. Whilst having no detrimental effect on PCA, a soft proof can be provided, normally free of charge, for the customer to view what may be printed. 

 

 

8. Colour

- It is important to note that computer screens will show different colours than what will be printed. One reason for this is that computer screens normally use red, green and blue to create the different colours on a screen, whilst a printer will typically use cyan, magenta, yellow and black (commonly referred to as CMYK) to create colour on paper.

- Printing a page on your home or office CMYK printer will also yield different results to commercial printing presses, and even reprinting with us may yield slightly different results from your last printing project.

- PCA accepts no responsibility for variations in the colour of your project.

 

 

9. Finishing

- PCA accepts no responsibility for any differences in finishing than what may be expected. Lamination on products may have different results to previous orders, or orders that use different paper stock or ink. 

- PCA does not accept any liability for variations in trimming your product or if the size specified on the site does not match with the end product.

- PCA does not accept any liability for variations in the binding of your product or for the damage of your product, however it may arise, including but not limited because of the finishing process of your order.

- Recycled paper is typically off white and should not be ordered if a more pure white finish is required. However, the brightness or colour of the paper is not guaranteed.

- If the customer requires lamination on a particular side of the paper, the side that requires this must be the first page in th artwork that you provide us. Written notification is not sufficient.

 

 

10. Paper

- Paper is a natural product and it can vary from batch to batch and even on the same sheet. PCA accepts no liability for the variations in the paper used.

- PCA reserves the right to substitute any paper or card with an equivalent type of Grams per Square Inch (commonly referred to as GSM) paper without notice.

- Paper may crack on the fold line of a print job. This is unavoidable and PCA accepts no responsibility for cracking. To reduce this risk, it is recommneded that the customer avoids providing artwork that requires heavy ink coverage on the paper.

- For any reason whatsoever, if the paper bends or curves, PCA accepts no liability.

 

 

11. Delivery

- The delivery information on our website is a guide only. Any delivery time are likely to be dispatched by us in the time specified, though this cannot be guaranteed. Further delay may be incurred if we are unable to print you rorder due to high demand or due to holidays, public holidays, strick or if our, or any of our suppliers factories are damaged for whatever reason. We will aim to inform you of this, but we accept no liability if we do not.

- PCA will not be liable for any fault of the delivery company. PCA will not be laible for whatever reason, including damage or otherwise once the goods have been taken by the delivery business.

- If the customer provides a PO Box address, PA will likely be unable to delivery the goods to the customer (though this will depend on the size of the product). PCA is not liable for the non-delivery, damage or other issue relating to the order.

- If the goods are returned to us after a failed delivery, for whatever reason we may destroy the product without notice and without liability.

- It is not possible for PCA to write any information on the packaging of your order.

- Notification of delivery day or time is not possible. Any information provided by one of PCA's employee's, agents, contractors etc in regards to delivery should not be relied upon.

- It is not possible to have a secondary delivery address.

- If the product is of significant weight, you may be required to have a forklift in order to unload it. PCA will not be liable for any costs incurred by the customer for any reason whatsoever.

 

 

12. Infringement

- The customer agrees to take reasonable steps to protect the intetllectual property rights subsisting in this website from infridgement by unauthorised users and undertakes to promptly infrm PCA if it becomes aware of any such infringements or possible infringement. The customer agrees to provide such reasonable assistance to PCA as it required to enable it to prosecute any unauthorised use of the website, its contents or its branding.

 

 

13. Variations

PCA reserves the right to vary these terms and conditions for any reason and without notice. Whilst not binding on PCA, PCA may publish the change of these terms and conditions on PCA's official facebook page.

 

 

14. Severance

In the event that any term or provision of this Agreement for any reason whatsoever be acknowledged by the parties hereto, or be adjudged by a court of compentent jurisdiction or be held or rendered by any competent Government authority to be invalid, illegal or unenforceable, such term or provision will be servered from the remainder of the terms and provisions of this Agreement and will be deemed never to have been part of this Agreement and the remainder of the terms and provisions of this Agreement will subsist and remain in full force and effect unless the basic purposes of this Agreement would thereby be defeated.

 

 

15. Entire Agreement

- It is agreed that there are no conditions, warranties or other terms affecting the arrangements between the parties other than those set out in this Agreement and this Agreement contains the whole of the contract between the parties (excluding the product ordered by the customer and the products price provided on the website and confirmed with PCA in writing).

 

 

16. Governing Law

This Agreement will be governed by and construed in accordance with the law of Queensland, Australia and each of the parties hereby submits to the non-exclusive jurisdiction of the Queensland Courts.

 

 

17. Consumer Protection

All legislative sections of any consumer protection law (including, but not limited to the Trade Practices Act) is not applicable in your dealing with PCA unless the contracting out of a single provision is prohibited. In these cases, only what is required by law will be applied in this contract. Any transactions on this website will be considered to be a Business to Bsuiness transaction, unless otherwise advised by the customer prior to order (additional fess will also apply when the customer is a non-business consumer).

 

 

18. Certainty

- In the event that any provisions in the Agreement are not clear, PCA and the customer will allow an judicial officer of a Queensland Court or Tribunal to take a purposive and reasonable interpretation of the provision.