Terms & Conditions
1.1 “Seller” shall mean Signarama Gosford and its successors and assigns.
1.2 “Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
1.3 “Guarantor” means that person (or persons) or entity that agrees herein to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Seller to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5 “Services” shall mean all services supplied by the Seller to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.6 “Price” shall mean the cost of the Goods as agreed between the Seller and the Customer subject to clause 4 of this contract.
2.1 Any instructions received by the Seller from the Customer for the supply of Goods and/or the Customer’s acceptance by email or signed Estimate Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the Customer’s shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.4 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
2.5 The Customer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice).
3. Goods and Services
3.1 The Goods and Services are as described on the invoices, quotation, estimate, work authorisation or any other work commencement forms as provided by the Seller to the Customer.
3.2 All government planning permission requirements, permits for public area activities (eg traffic & pedestrian interruption during install) and building/strata regulation adherence are the responsibility of the customer unless otherwise previously agreed in writing.
3.3 Additional Charges incurred for any Structural Engineering Reports deemed necessary will be the responsibility of the customer. The Seller having first obtained agreement in writing for such service to be supplied.
4. Price and Payment
4.1 The Price shall be as indicated on invoices provided by the Seller to the Customer in respect of Goods supplied; or
4.2 The Price of the Goods shall be binding upon the Seller provided that the Customer shall accept in writing the Seller’s quotation within thirty (30) days.
4.3 A deposit being percentage of the Price will be stipulated at the time of the order of the Goods by the Seller shall become immediately due and payable. The usual requirement of Signarama Gosford is 50% deposit and Cash on Delivery at completion of work.
4.4 Time of payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of Goods.
4.5 Payment will be made by cash on delivery, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and the Seller.
4.6 The Price shall be increased by the amount of any GST and other taxes and duties, which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
5. Delivery of Goods / Services.
5.1 Delivery of the Goods shall be made to the Customer’s address. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Customer at the Seller’s address.
5.2 Delivery of the Goods to the carrier, either named by the Customer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Customer, is deemed to be a delivery of the Goods to the Customer.
5.3 The Customer shall reimburse the costs of carriage and any insurance, which the Customer reasonably directs the Seller to incur. The carrier shall be deemed to be the Customer’s agent.
5.4 Where there is no agreement that the Seller shall send the Goods of the Customer, delivery to a carrier at limited carrier’s risk at the expense of the Customer is deemed to be delivery to the Customer.
5.5 The Seller may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
5.6 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.8 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
6.1 In the event that goods received by the customer that have remained the property of the Seller (due to non-payment of balance owing) the Seller retains entitlement to receive all proceeds of monies owing including insurance proceeds payable for damaged or stolen goods.
The Customer shall inspect the goods provided and shall within seven days of delivery notify the Seller of any faults, defects, damage or failure to comply with goods requested. If the Seller receives no such notification, the goods will be deemed to be free of defect. Any goods being returned to the Seller after agreement between the Customer and the Seller must be returned to the Seller in the condition they were delivered to the Customer with all due care and proper use being observed.
8.1 The Seller in a timeframe to be agreed between the Seller and the Customer will rectify any defect in workmanship of goods manufactured by the seller and supplied to the Customer, which becomes apparent to the Customer within seven days of the date of delivery. Provided that: (a) The customer has properly maintained the goods and followed any instructions or guidelines provided by the Seller(b) The customer has taken all reasonable care and consideration in the handling of the goods by the Customer or the Customer’s agents.
8.2 The Seller shall not be liable to make compensation payment for any delay in replacing or repairing workmanship or goods.
8.3 Any goods supplied by the Seller to the Customer not manufactured by the Seller will be covered by the warranty provided by the manufacturer of the goods.
9. Intellectual Property & Design Time
9.1 Where the Signarama Erina/ Gosford has designed or drawn Goods for the Customer, then the copyright of such designs and drawings remain with the Signarama Erina / Gosford.
9.2 Design Time will be set at an hourly rate for Design Only and no release to the customer
9.3 If the customer requires the release of the design a fee of $150+gst is to be paid to Signarama Erina / Gosford along with any design time charges.
9.4 If the customer goes ahead with their signage needs with Signarama Erina / Gosford then the Signage Release fee is waived.
9.5 The Customer warrants that all design or instructions to the Seller will not cause the Seller to infringe any patent, copyright, registered design or trademark in the manufacture and/or supply of the goods to the Customer.
10.1 It is agreed by the Customer that ownership of the goods supplied by the Seller will not pass to the Customer until all monies owing are paid in full.
10.2 In the event that goods are supplied/installed by the Seller for the Customer and monies remain outstanding for sixty days: (a) The Seller reserves the right to enter the Customers premises to recover the Goods.(b) The Seller or the Sellers Agent may take steps to recover the Price of Goods sold including any lawful steps or process available in accordance with the relevant Trade Acts of NSW.
11.1 The Seller may cancel any order received from the Customer at any time prior to the delivery of the Goods provided that such notice of cancellation is given in writing. In such an event the Seller will refund to the Customer any deposit received from the Customer.
11.2 The Customer may cancel any order placed with the Seller at any time provided such cancellation notice is given in writing prior to delivery of the Goods. In such an event it will be at the Sellers discretion as to the return of monies received by way of deposit. Such discretion to protect the Seller for reimbursement of any expenditure already incurred in preparation for the supply of Goods to the Customer
12.The Commonwealth Trade Practices Act 1974 & Fair Trading Acts
12.1 This Agreement is not intended to contradict or negate any provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts as they apply to each of the States and Territories of Australia