These Terms and Conditions are incorporated into any contract between a Client for the supply of goods and/or services by MadeKnown Pty Ltd.
In these Terms and Conditions:
‘Business Day’ means a day on which banks are open for general banking business in the State or Territory in which the premises are located;
‘Estimate’ means the estimate referred to in sub-clause 2.1(b) (as amended in accordance with clause 2.4)
‘Goods’ means the final goods produced by completing the Order;
‘Order’ means the work required to be done in order to fulfill the Client’s instructions;
‘Quote’ means the quote described in clause 2.1.
In these Terms and Conditions, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) a reference to a clause is a reference to a clause of these Terms and Conditions;
(c) a reference to a party to these Terms and Conditions;
(d) or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(f) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.
In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.
MadeKnown Pty Ltd is to supply a quote, if requested by the Client, specifying:
(a) the work required to be done in order to fulfill the Client’s instructions; and
(b) an estimate of the fees and charges for the performance of such work.
Where MadeKnown Pty Ltd has given the Client a Quote:
(a) MadeKnown Pty Ltd need not commence work until the Quote has been accepted by the Client and received a Purchase Order from the Client.
(b) The Client will be deemed to have accepted the Quote by any instruction (orally or in writing) to commence work
(c) Acceptance by the Client of the Quote will constitute acceptance by the Client of these Terms and Conditions.
If a written Quote is accepted by the Client (see 2.2(b)), the work that is the subject of the Quote shall be carried out and the Client shall pay for the work in accordance with the Terms and Conditions.
MadeKnown Pty Ltd may amend the Quote before the Order has been completed to take into account any rise or fall in the cost of performing the Order and shall notify the Client of such amendment as soon as practicable thereafter. Upon giving the Client notification of such amendment such amended estimate shall be and be deemed to be the Estimate for the purposes of these Terms and Conditions.
Where no Quote or price is stated in writing or agreed to orally, the goods and services shall be deemed to be sold at the current amount as such goods are sold or provided by MadeKnown Pty Ltd at the time of contract. The Client will be deemed to have accepted this contract by any instruction (orally or in writing) to commence work.
Proofs are available for inspection and approval by the Client upon request.
MadeKnown Pty Ltd will accept no responsibility or liability for the following:
(a) Any errors found after the proofs have been examined and approved by the Client.
(b) Any materials which the Client has approved, instructed or given artistic licence to the designer to use.
(c) Any spelling or grammatical errors appearing in the product and copy, after the proof has been submitted and approved by the Client.
Proofs are deemed to be accepted at the point of receipt, whether or not signed by the Client. Proofs are NOT colour calibrated and, as such, no responsibility will be taken for any deviation from or difference to the final product, from that of the supplied proofs. Screen Proofs should be used for layout and proof reading purposes only. Screen Proofs should not be taken as an accurate colour proof due to screen colours varying from monitor to monitor. Instructions and orders taken over the telephone will be accepted only by MadeKnown Pty Ltd at the Client’s risk and responsibility.
Subject to clause 5.3, when the Order has been completed, MadeKnown Pty Ltd will issue an invoice to the Client for the amount of the Quote or, if no Quote was made, for an amount representing MadeKnown’s charge for the work done in filling the Order (see clause 2.5), and for any of the other charges specified in clause 4.2.
(a) All invoices rendered by MadeKnown Pty Ltd shall be due and payable in Australian dollars in full either in accordance with the terms stated in the Quote, or if not, so specified when the invoices are rendered and all fees and expenses will be payable in full without deduction, deferment, set off, counter claim, or any other withholding. In the event that payment shall not have been made with 30 days after the date of invoice there shall be due and payable by the Client interest thereon calculated at the rate of 5% per month computed from the date when payment shall have become due until the date of actual payment.
(b) The Client shall be obliged to pay Goods and Services Tax (GST) at the appropriate rate on the supply of all Goods and Services by MadeKnown Pty Ltd and in respect of costs and expenses which the Client shall be obliged to reimburse.
In addition to the amount of the Quote, or where no Quote was given, MadeKnown Pty Ltd may charge to the Client:
(a) fees for any preliminary work performed at the Client’s request;
(b) fees for additional work required to be done as a result of the Client changing his, her or its instructions;
(c) fees for having to work from poor copy;
(d) fees for work which involves tables or foreign language and which was not notified to before the Quote was prepared;
(e) fees for additional work required to be done as a result of author’s corrections, including reformatting;
(f) fees and other charges for work required to be done urgently, including any overtime costs;
(g) fees for handling or storing material or equipment supplied by the Client for the purposes of the Order;
(h) fees for changing or correcting, in order to ensure that the Goods are properly produced, any artwork or document including computer files supplied for the purposes of the Order by the Client;
(I) freight costs and charges;
(j) consumables costs such as colour prints and studio materials;
(k) travel costs and expenses;
(l) photography / illustration / image library (purchase and research) as incurred and/or required;
(m) other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.
(a) the term ‘charge’ refers in each case to the standard or usual fee charged from time to time in respect of the Order;
(b) ‘preliminary work’ means all and any work performed at the Client’s express or implied request, the performance of which work was necessary to enable the Order to be commenced;
(c) ‘additional work’ includes all work undertaken as a consequence of the Client’s variation, alteration or modification of its instructions in relation to the Order;
(d) ‘freight costs and charge’ includes all costs and expenses incurred in removing the Goods from its or suppliers premises, whether by way of actual or attempted delivery to the Client or otherwise.
(a) The Client acknowledges that whilst every endeavour to produce the exact number of items in the Order, owing to human and/or machine/ computer error the number of items actually produced may be 10% over or under the number specified in the Order (‘a discrepancy’).
(b) Where a discrepancy occurs the printer will adjust the amount charged to the Client for the Order a pro rata amount to reflect the actual number of items produced.
The Client shall be liable for all legal costs, including that of a lawyer and own costs, collection, commission and charges of search agents incurred by MadeKnown Pty Ltd, resulting from any breach on the Client’s part. In the event of any such breach occurring, MadeKnown Pty Ltd is entitled to cancel the Contract and retain all monies paid, without prejudice and within its rights to recover damages.
Ownership of goods which are the subject of this Contract shall not pass to the Client until they are fully paid for. However, the risk of the Goods shall be carried by the Client from the date they are collected or delivered to the Client.
MadeKnown Pty Ltd shall notify the Client when the Goods are ready for collection.
The Client must collect the Goods from MadeKnown Pty Ltd upon being notified that the Goods are ready for collection. If MadeKnown Pty Ltd agrees to deliver the Goods the Client shall bear all freight costs and charges of such delivery.
The Client may only reject the Goods if they do not comply with the Client’s instructions. If the Client wishes to reject the Goods, the Client must notify MadeKnown Pty Ltd of the rejection:
(a) if MadeKnown Pty Ltd agrees to deliver the Goods to the Client’s premises – within seven days of delivery (or such other time as is mutually agreed);
(b) otherwise – within seven days of notification that the Goods are ready for collection (or such other time as is mutually agreed).
All creation files remain the property of MadeKnown Pty Ltd. Clients may request copies of creation files at a cost to be determined subject to the material required.
MadeKnown Pty Ltd retains the Copyright in and the right to use all designs created for Clients unless otherwise agreed in writing.
MadeKnown Pty Ltd retains the right to use all designs created in advancing the profile of MadeKnown Pty Ltd and to be recognised for designs created by MadeKnown Pty Ltd.
MadeKnown Pty Ltd shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any designed item unless specifically agreed otherwise. Further, MadeKnown Pty Ltd shall be free to use any ideas, concepts, know-how or techniques acquired in construction of projects for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
MadeKnown Pty Ltd does not provide any warranty that the goods or services are suitable for the purpose for which they are required by the Client and shall not be liable if they are not.
No representation, condition, warranty or premise expressed or implied by law or otherwise applies to goods or services except where goods are supplied or services provided pursuant to the Consumer Guarantees Act 1993 or except where expressly stated.
MadeKnown Pty Ltd observes Privacy Laws and Guidelines relating to personal data and confidentiality.
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PO Box 8338, Allenstown, Rockhampton
Queensland 4700 Australia