Agile Print Media

Terms and Conditions

AGILE PRINT MEDIA is a Privately owned Australian Company

ABN 33 924 915 737

Mailing Address:
PO Box 492
SYDNEY NSW 2021

Terms and Conditions

These terms and conditions apply to all sales of services and goods by APM to the customer and form part of any contract arising from the acceptance of the customer’s purchase order by APM or APM’s quotation to the customer.

If the customer requires modification of these terms and conditions, APM will include any agreed changes in the customer’s quotation.

If APM replaces these terms and conditions, APM will notify the customer in writing.

Definitions

APM refers to Agile Print Media Pty Ltd.

Customer refers to a contracted party meaning any person, corporation or legal entity that requests orders for any goods or services offered and supplied by Agile Print Media. (An order is made when a quotation has been accepted or a detailed request is confirmed.)

Goods refer to any goods provided to the contracted party by Agile Print Media or procured by Agile Print Media for the contracted party and includes printing proofs (both conceptual and final), any printed material, artwork or product or other services. (Services refer to copywriting, proofreading and editing, graphic design, web design, photography, video and podcast, social media strategies and data management performed on behalf of the customer of Agile Print Media.

Job refers to all goods and/or services to be supplied to the contracted party and described on the tax invoice, quotation or other forms as provided by the contracted party to Agile Print Media.

Price refers to a written quotation for the goods and/or services to be provided to the contracted party by Agile Print Media.

1. Quotations

1.1 Quotations remain valid for 30 days from receipt but may be varied by APM prior to the customer’s acceptance if the job requirements are amended.

1.2 Quotations do not include delivery, freight or postage unless specified.

1.2 APM requires the customer’s written approval to charge postage incurred to the customer’s account with Australia Post.

1.4 APM will not commence production until the customer accepts the quotation by signing and returning the signed quotation to APM by Email or Post.

1.5 Quotations may only be accepted as a whole. If the customer requires only component parts of a quotation, APM will quote the required parts separately.

2. Variations and Additional Costs

2.1 Quotations are based on the customer’s requirements including an agreed delivery timeframe (critical deadline requirements may incur overtime charges). APM will charge at current rates for any additional costs incurred or work required as a result of any variation to the quotation.

2.2 APM’s quotations are based on the commencement of work within one month of the customer’s acceptance of APM’s quotation. If the work does not commence within this one-month period, APM may (by written notice) cancel the quotation and re-quote the work.
2.3 The quoted prices are exclusive of GST. In addition to payment of the prices quoted, the customer must pay APM an amount equal to any GST imposed on Taxable Supplies made by APM to the customer.

2.4 Where materials supplied by the customer do not correspond with those upon which the quotation is based, APM may treat the job as involving a variation of APM’s quotation.

2.5 Where APM incurs costs resulting from delays caused by poor quality or a shortage of inserts or other materials to be provided by the customer (including an inadequate allowance for spoilage requirements in the manufacturing process) APM may charge the customer at APM’s current rates.

2.6 APM reserves the right to correct any error in the quotation whether technical, typographical or otherwise.

2.7 The customer may cancel an order at any time by notice in writing, but the customer remains liable for all work performed and materials supplied to the customer or acquired by APM for the customer prior to cancellation, at our current rates. APM may charge for the handling or storage of materials supplied by the customer or on the customer’s behalf.

3. Electronic Files and Job

3.1 If a quotation is subject to any artwork files to be supplied by the customer or their agent, such file is deemed to be print-ready. Should adjustments be required the file will be returned to the customer or corrected by APM and charged at the current hourly rates.

3.2 Hard colour samples supplied by the customer will not be used for colour referencing or matching. Whilst all care is taken, print colour may vary from print to reprint, stock to stock and job to job. Therefore APM accepts no responsibility for these colour variations in differentiating printing processes or stocks.

3.3 The customer warrants that any instructions issued by the customer will only be in written form. Where handwritten or verbal instructions only are received from the customer APM shall not be responsible for any errors or omissions due to an oversight or misinterpretation of those instructions.

4. Payment

4.1 The customer must pay all invoices within 14 days of the date of the invoice.

4.2 Accounts for any postage incurred by APM in providing services to the customer must be paid within 7 days of the date of the invoice.

5. Retention of Title

5.1 Any materials APM supplies remain APM’s sole and absolute property as legal and equitable owner, and the property and title to the materials shall not pass to the customer until the customer has paid APM in full for those materials, and for any services APM supplies in respect of or utilising those materials, and for all other goods APM supplies.

6. Warranties

6.1 Subject to any spoilage within the allowance referred to in 2.5 above, APM warrants that APM will provide services to the customer with due care and skill and that any goods supplied in connection with the services will be free from defects in design, material and workmanship, and will be of merchantable quality.

6.2 The customer must notify APM of any defects in the goods and/or services APM provided within 7 days from the date of provision of the goods and/or services.

7. Third Party Claim

7.1 The customer indemnifies APM and must keep APM indemnified against any and all liability, damages and costs (including any legal costs incurred by APM on an indemnity basis) resulting from any legal claim or action brought against APM by a third party in respect of or arising out of goods and/or services provided to or work performed for the customer by APM in accordance with the customer’s specifications.

8. Intellectual Property

8.1 APM will acquire no intellectual property rights in the customer’s data or material provided to APM by the customer, and APM will not copy, adapt or modify any such data or material except to the extent required for APM to properly perform services for the customer. The intellectual property subsisting in any software or other material developed by APM for providing services and/or goods to or for the customer will be owned by APM provided that the customer will have a non-exclusive royalty-free license to use that software or other materials to the extent necessary to enable the customer to use the services and/or goods provided by APM.

9. Copyright

9.1 Unless the customer and APM agree otherwise the copyright in all goods and services created by APM is the property of APM.

10. Confidentiality

10.1 APM will maintain the confidentiality of all data and other information the customer provides to APM unless it:

(a) was known to APM prior to APM’s communication by the customer; or

(b) is or comes into the public domain otherwise than through any default of APM. Right to Refuse to Perform Work

10.2 APM reserves the right to refuse to perform any job, which in APM’s opinion may breach or infringe upon the rights of any third party in any way, provided that notice of such refusal is promptly communicated to the customer.

11. Holding and Storage

11.1 The customer shall bear the risk of, and will be responsible for the insurance of all printing stock, electronic media or other material, that the customer provides to APM to enable APM to supply services and/or goods to the customer.

12. Termination

12.1 Both parties may, by written notice to the other, immediately terminate any contract for the supply of services and/or goods if: the other materially breaches any of its obligations under these Terms and Conditions and fails to rectify the breach within 14 days of being required in writing to do so; the other (being an individual) becomes bankrupt; an order is made or an effective resolution is passed for the winding up of the other or for the appointment of a receiver or manager of the other or its property or assets or any part of them.

13. Liability

13.1 APM’s liability is limited to the amount paid by the customer for the services provided in respect of any claim against APM.

14. General

14.1 The fact that APM fails to do, or delays doing something APM is entitled to do under these Terms and Conditions, does not amount to a waiver of any of APM’s rights.

14.2 The customer must pay APM interest on all overdue payments due to APM under these terms and conditions at the Indicator Benchmark Rate – Business (or its successor) from time to time charged by National Bank, plus 3% per annum, calculated on daily rests from and including the due date to and including the date of payment.

14.3 The law of New South Wales governs this Agreement. Each of us submits to the non-exclusive jurisdiction of the New South Wales courts.