Terms and Conditions
Whenever the word “Client” appears in these terms and conditions it is taken to mean the person to whom the quotation is being made or the goods or services supplied. Whenever the word “Dataroll” appears in these terms and conditions it is taken to mean Dataroll Australia, a division of Zipform Pty Ltd.
Unless special and implied conditions are explicitly agreed to by correspondence any order or contract accepted shall be on the basis of these terms alone. Verbal statements and representations are expressly excluded.
Terms of Trade
- Credit may be granted at Dataroll’s discretion and the following terms will apply. In all other cases goods must be paid for prior to despatch or at the time of pick-up by the Client. In the case of Special Products, if no credit arrangements are in place, payment is required prior to commencement of the job.
- Terms are strictly net number of days.
(i) If Dataroll considers it necessary to assess the Client’s application for personal credit, the Client will agree to Dataroll obtaining a report about his/her commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of persons.
(ii) If Dataroll considers it relevant to assess the Client’s application for commercial credit, the Client will agree to Dataroll obtaining from a credit reporting agency a credit report containing personal credit information about him/her in relation to commercial credit provided by Dataroll.
(iii) The Client agrees that Dataroll may give to and seek from any credit providers named in a credit application and any credit providers that may be named in a credit report issued by a credit reporting agency information about his/her credit arrangements. The Client should understand that this information can include any information about his/her credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each under the Privacy Act.
(iv) If Dataroll considers it relevant to collecting overdue payments in respect of commercial credit provided to the Client, the Client will agree to Dataroll receiving from a credit reporting agency a credit report containing personal information about him/her in relation to collecting overdue payments.
(v) Under Section 18E(8) (c) of the Privacy Act Dataroll is allowed to give a credit reporting agency personal information about the Client’s credit application. The information which may be given to an agency is covered by Section 18E(1) of the Act.
- Preliminary Work and Authors Corrections:
(i) all work carried out, whether experimentally or otherwise at the Client’s request, will be charged to the Client. This includes PMS/spot colour matching, additions and alterations to artwork or rearrangement of layout etc.
(ii) all extra work caused by authors corrections shall be charged as an extra.
(iii) in order to ensure that the goods are properly produced, Dataroll is entitled to charge fees for changing and correcting any plates, artwork or any electronic files supplied for the purpose of the order by the customer.
- Unless specified and agreed to in writing by Dataroll, delivery will be made within the period nominated PROVIDED THAT:
(i) machine breakdowns, strikes, delivery delays, non-conforming products, delays in receiving materials and any other unplanned or unforeseen events may delay the final delivery by however long it may take to make up the lost time concerned and Dataroll shall not be liable for any loss or damage whatsoever to the Client in respect of any such delay;
(ii) requests by the Client to “hold” production of a job will automatically preclude it from its position in the then current schedule and that job will have to be re-scheduled for a later date once approval to proceed has been given;
- Unless stated to the contrary, freight and couriers are in addition to the quoted price.
- Should the Client default in the payment of any monies due under this agreement then all monies then due to Dataroll shall become immediately due and payable and shall be paid by the Client within two (2) days of the date of demand and Dataroll shall be entitled to charge interest at the rate of 1.5% per month from the date of due payment until the date of actual payment.
- All expenses, costs or disbursements incurred by Dataroll in recovering any outstanding monies including but not limited to debt collection agency fees and solicitor’s costs shall be recoverable from the Client and the Client expressly acknowledges and agrees that such costs shall be determined on a solicitor-Client basis and not on a party-party basis.
- Dataroll shall be entitled to terminate without notice any credit arrangement with the Client in the event of the Client defaulting in any of the terms and conditions herein contained.
- Dataroll shall be entitled at any stage during the continuance of this agreement to request such security or additional security, as Dataroll in its discretion shall think fit and shall be entitled to withhold supply of any goods services or credit arrangements until such security or additional security shall be obtained.
- The materials, services, terms, conditions and specifications stated on or attached hereto constitute the entire terms of such order and supersede all prior negotiation and communication. No additional terms stated by the Client in accepting any order shall be binding upon Dataroll unless in writing and accepted by Dataroll in writing. No waiver by Dataroll of a breach of any provision of any order shall be effective unless in writing and any waiver shall not constitute a waiver of any breach of such provision or of any other provision of any order.
- No variation of any order or of any contract which arises out of any order shall be of any force or effect or in any way binding on Dataroll unless reduced to writing and signed by an authorised officer or agent of Dataroll.
- The failure by Dataroll to exercise any right or remedy which it may have at law or in terms of any contract shall not be deemed to be an abandonment or waiver of any right or remedy for rescission or damages on cancellation or injunction or otherwise which Dataroll may have or could put in force in respect of any such breach whatsoever.
- In the event that the supply of goods or services pursuant to any order is a supply of goods or services to a consumer as defined in the Trade Practices Act 1974, as amended (the “Act”), nothing contained in such order excludes, restricts or modifies any condition, warranty, right or remedy which pursuant to the Act applies to any order provided that to the extent that the Act permits Dataroll to limit its liability for a breach of a condition of warranty implied by the Act then Dataroll’s liability for such breach shall be limited to:
(i) in the case of goods supplied pursuant to any order, the payment of the cost of replacing the goods or of acquiring equivalent goods.
- Prices are subject to alteration without notice. All orders are accepted on the understanding that prices are those current at date of order confirmation.
- The Client shall make payment in full without any deduction or withholding whatsoever on any account within the period herein mentioned or at some later day following invoicing which must be clearly evidenced in writing as having been agreed between Dataroll and the Client.
- If payment is to be made by instalments the failure of the Client to pay an instalment in due time shall entitle Dataroll to treat such failure as a repudiation of the whole contract by the Client and to recover damages for breach of contract.
- Dataroll reserves the right to defer without penalty delivery of any goods and services which have been ordered by the Client so long as any amounts remain overdue for payment or any credit limit is exceeded.
- No claim by the Client in respect of the goods or services comprised in one delivery of goods or services shall entitle the Client to withhold payment of the whole or any part of the price payable in respect of any other delivery of goods or services.
- Dataroll hereby expressly excludes to the extent permitted by Law, liability (arising in contract or in tort or however otherwise arising) for consequential loss or damage caused by or arising out of the use of the goods and services or occurring in respect of the goods and services.
- The invalidity of any individual provisions of these conditions shall not affect the validity of the remaining provisions.
- Goods which are not a standard stock item and are bought in specifically for the Client, cannot be returned for credit.
- Goods which are not a standard stock item and are manufactured and/or printed to the Client’s specifications are considered to be Special Products; Special Products cannot be returned for credit unless they fall within the parameters of Dataroll’s Return of Goods Policy.
- Quotations will be supplied and orders accepted for special products on the basis that:
(i) quantities specified in the quotation or order are subject to any manufacturing shortfall or excess not exceeding 10% of the quantity specified being delivered and invoiced against the order;
(ii) no cancellation of order for special products will be accepted.
- Deliveries by the Client, their representative or supplier, into Dataroll’s store require industry standard pallets to AS 2068. Deliveries using skids or non-standard pallets will – at Dataroll’s sole discretion – be rejected or repacked with the latter incurring a minimum of $50.00 fee per consignment. Loscam pallets will be transferred via the online exchange system; no physical exchange of any pallets will be permitted.
- Property in and title to the goods shall remain with Dataroll and does not pass to the Client until the purchase price has been paid in full. The goods shall be at the Client’s risk immediately upon delivery.
- All claims in respect of any goods or services provided by Dataroll must be made in writing within 10 days of delivery and any claim made after such date shall not be recoverable against Dataroll.
- Dataroll will provide a refund, credit or replacement where the delivered product:
(i) is faulty or is not of merchantable quality, or
(ii) is not fit for its intended purpose, or
(iii) does not match the sample or our description.
Where any of the above criteria apply, Dataroll will accept product returns provided that:
(i) prior authorisation is obtained from a representative of Dataroll;
(ii) the goods are returned within 30 days of delivery;
(iii) a proof of purchase is produced at the time the goods ae returned and
(iv) the goods are in their original packaging and in their original condition.
- If the requirements in Clauses 26 and 27 are not satisfied, Dataroll reserves the right not to offer a refund, credit or replacement. There is no entitlement to a refund, credit or replacement if the Client changes his/her mind or if the goods become surplus to requirements.
Goods returned without prior authorisation from a Dataroll representative may be refused on arrival at Dataroll’s warehouse. If such goods are accepted they will be subject to all courier, freight and handling charges and a restocking fee of 10% of the invoice value or $30, whichever is the greater. In these circumstances no refund will be made but any balance left in credit after deductions may be considered for offset against another purchase.
- All contracts between Dataroll and the Client will be governed by the laws of the State of Western Australia.