TERMS & CONDITIONS
These terms and conditions (the Terms) apply to all orders for the supply of goods and services (Orders) which are submitted via this website (the Website).
In these Terms the phrases “CMP”, “we”, “us” or any grammatical variation of these means Becaal Pty Ltd (ACN 082 493 016 & Kenchar Pty Ltd (ACN 063 518 516) & B & D Kuhar Holding Pty Ltd (ACN 123 137 520 ATF Kuhar family Trust (In Partnership) T/A Clarke Murphy Print and the terms “the Customer” or “you” means the legal entity which places an Order using this Website. Where there is more than one Customer that has placed an Order, the Customers will be jointly and severally liable for the obligations contained herein.
This website is operated by Clarke Murphy Print ABN 33 908 547 289.
By placing an Order on this Website, and acknowledging your acceptance of these Terms, you agree that these Terms will govern your Order, to the exclusion of any other terms and conditions proposed by you or any other person.
These Terms may be updated or amended from time to time, without notice to you. It is your responsibility to check these Terms before placing an Order and confirm that you accept the terms and conditions contained herein. The Terms in force (as published here) at the time you place your Order will apply to your Order.
a. To place an Order you will be required to provide the following information:
i. the goods and services you wish to order, being goods and services contained on this website and in the nature of printed materials (the Goods);
ii. the date on which you require the Goods to be available for delivery or collection;
iii. whether you will collect the Goods, or will wish us to deliver them;
iv. the materials to be used by us in preparing and completing the Goods in accordance with your Order;
v. your payment information; and
vi. any other details reasonably requested by us on this Website.
b. By placing an Order you make an irrevocable offer to purchase the Goods as described in the Order. An Order will not be binding on us until such time as we provide you with written confirmation that the Order has been received and accepted by us. You may not revoke or cancel an Order without our express written consent.
c. We may elect, on reasonable grounds, to refuse to accept an Order. Without limiting the circumstances that we may do so, it will be reasonable for us to refuse an Order for any of the following reasons:
i. If, we are of the reasonable opinion that your Order breaches any of these Terms;
ii. If we are of the reasonable opinion that any materials provided by you for the purposes of completing your Order contains inappropriate or offensive material;
iii. If we are of the reasonable opinion that any material provided by you breaches any intellectual property rights of any third party.
2. DISPATCH DATE
a. When placing an Order, you will be asked to select a proposed date on which the Goods will be completed and ready at our business location (the Dispatch Date). Note that certain Dispatch Dates may incur additional costs.
b. You acknowledge that the Dispatch Date requested in an Order is an estimate only and that, subject to any law to the contrary, should the Goods not be available by the Dispatch Date the extent of our liability to you will be the refund of any amount paid in relation to a particular Dispatch Date.
c. All Goods on a single Order will be prepared for the same Dispatch Date. If you require different Dispatch Dates for different Goods you must place separate Orders for those Goods.
a. If, when placing your Order, you have selected for us to Deliver the Goods, we will arrange for the Goods to be delivered to the address contained in your Order. In such circumstances, delivery will be deemed to have occurred when CMP (or CMP’s nominated carrier) delivers the Goods to your nominated address even if the you are not present at the address. Any delivery date quoted on this Website is an estimate only and you will not be entitled to rescind or terminate an Order if we do not deliver by the proposed delivery Date.
b. If, when placing your Order you have elected to collect the Goods from us, we will notify you when the Goods are available for collection. In such circumstances Delivery will be deemed to have occurred when you, or your carrier, collect the Goods from our location. In this regard to agree to undertake collection within 2 business days of us giving you notice that the Goods are available for collection. If you fail to comply with your obligations under this clause we may charge you a reasonable amount for storing your Goods.
c. For the avoidance of doubt, delivery (either pursuant to clause 3a or 3b) may not occur until we have received payment for the Goods in full.
a. Risk and title in the Goods passes on delivery of the Goods.
5. PRICING AND PAYMENT
a. In consideration for your order of the Goods you agree to pay the price payable for those Goods calculated by reference to the pricing contained on this Website, or as otherwise communicated by us to you from time to time (the Price). After preparing, but before submitting your Order you will be given an opportunity to review the Price for that Order. By submitting your Order you confirm that you have reviewed and accepted the Price payable for such.
b. Unless otherwise stated all prices are inclusive of GST (as that terms is defined in the A New Tax System (Goods and Services Tax) Act 1999 Cth).
c. The Price for each Order is payable at the time you submit your Order. The payment will be processed by us immediately. Processing of your payment does not constitute acceptance of your Order. If, after processing your payment, we refuse to accept your Order we will arrange for a full refund of all amounts paid in relation to the refused Order.
d. If we are unable to process your payment, you will be alerted and your Order will be deemed to have been refused. It will be your responsibility to then re-submit your Order with an appropriate payment.
6. CREATING AN ACCOUNT
a. You must create an account (an Account), using the “create an account” button located on the homepage of this Website.
c. To create an Account or submit an Order, you warrant that:
i. all information given to us is true and correct; and
ii. you will hold your Account details (including your username and password) in strictest confidence, and will not provide such to any third party; and
iii. you will be liable for any Order or actions taken by any person using your username or password.
7. CHANGES & CANCELLATIONS
a. Once an Order is placed you may not cancel or amend it without our written approval, which will not be unreasonably withheld. Without limiting the circumstances when it will be reasonable for us to refuse a cancellation or amendment request, we may do so where we have committed resources or materials in preparing the Goods in accordance with your Order, and by reason of such those resources or materials can no longer be reasonably used for satisfying the order of any other customer.
b. In the event we do agree to a cancellation it may be made conditional upon you paying for any Goods produced or prepared in accordance with your Order (in which case you will be entitled to take possession of such Goods).
c. If we agree to any cancelation or amendments to your Order, your original payment will still be processed. We will then contact you regarding payment of any additional charges or refunds regarding your cancellation or amendment.
8. INTELLECTUAL PROPERTY
a. You warrant that you own, and/or are lawfully licenced to use, any materials provided by you to us for the purposes of us preparing the Goods in accordance with your order. Such materials may include, without limitation and materials in which may subsist any rights in the nature of copyright, trademarks, logos, patents, designs or anything else in the nature of intellectual property rights, whether registered, registerable or otherwise (collectively Intellectual Property Rights).
b. You further warrant that providing material to us does not breach any law, including under the Privacy Act 1988 Cth.
c. You indemnify us to the extent any material provided by you to us infringes the Intellectual Property Rights of any third party or breaches the warranties in clauses 8a and 8b.
d. You grant to us a licence to use any materials provided by you to us solely for the purposes of completing your Order and providing Goods to you.
e. You acknowledge that the content, quality and resolution of any materials provided by you is your sole responsibility and release us form any liability for unsatisfactory Goods where we have prepared them based on material provided by you.
a. We warrant that the Goods will conform to any descriptions and be suitable for any purposes described on this Website.
b. If you believe that we have breached the warranty in clause 9a, the following will apply:
i. you must notify us within 5 business days of Delivery.
ii. Upon receipt of your notice under this clause we will investigate your claim.
iii. If required by us, you will arrange for the delivery of the Goods to our premises so that we may review them and determine your claim.
iv. In the event we determine that we have breached the warranty contained in clause 9a then:
1. the cost of returning the Goods to us will be paid by us (otherwise you will bear the cost of such delivery); and
2. we will undertake one of the following, as determined by us:
a. a refund of the Price paid for the relevant Goods;
b. provision of replacement Goods which do not breach the warranty in clause 9a; or
c. payment of the reasonable costs of you having a third party provide Goods of the same nature as those provided by us pursuant to the relevant Order.
d. Despite the above, and to the extent allowed by law, we will not be liable to you to the extent any loss or damage is caused by:
i. Any failure caused by materials provided by you, including, without limitation, where any materials are of an inferior quality or low resolution;
ii. Any cause beyond our reasonable control;
iii. Any loss or damage of the Goods after they leave our control.
e. To the extent that you constitute a consumer under the Australian Consumer Law (as contained in schedule 2 of the Competition and Consumer Act 2010 Cth) (the ACL) our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These guarantees are subject to any limitations lawfully allowed under the ACL.
a. To the extent permitted by law, our liability to you for any breach of these Terms will be limited at the Price paid by you.
b. To the extent permitted by law, neither party will be liable to the other for any consequential loss or loss of profit.
c. To the extent that any of the consumer guarantees contained in Part 3-2 of the ACL apply to any supply made by us then, to the extent permitted by the ACL our liability to you is limited any one of the following (as elected by us):
i. The replacement of the Goods; or
ii. The cost of having the Goods provided by another person.
d. Despite the above, nothing in these Terms will have the effect of limiting either party’s liability for any of the following:
i. Death or personal injury caused to any person;
ii. The breach of the Intellectual Property Rights of any person; or
iii. Any liability which cannot be excluded by any law, subject to any allowable limitations contained in that law.
11. SUSPENSION OR TERMINATION
a. We may suspend or disable your Account, your right to or your right to submit Orders, at any time if we are of the reasonable opinion that you have breached these Terms.
a. These terms are to be interpreted in accordance with the laws of New South Wales, Australia and the parties submit to the jurisdiction of the courts of that state.
b. Except as provided at law or in equity or elsewhere in these Terms, a provision of, or a right created under, these Terms may not be waived except in writing executed by the party granting the waiver.
c. If any provision of these Terms is held invalid, unenforceable or illegal for any reason, it will be deemed deleted and Terms will otherwise remain in force.