These terms and conditions (“conditions”) of trade should, until written notice to the contrary is given by Signal Advantage Pty Ltd, ACN 117238909 trading as Signal Events, govern all goods and items (“goods”) purchased from Signal Events. Notwithstanding whether a formal credit application form of Signal Events has been signed and returned, the following conditions shall prevail and be binding where any order or request for the supply of goods (“order”) is made or placed by the customer of Signal Events.
1. IntroductionThese conditions apply to each order.a) The term “customer” shall include individual, sole trader, corporate or company or any of its principles and/or employees, who place orders with Signal Events.b) Delivery of goods by Signal Events are subject to agreement by the customer to the conditions.c) If these conditions are in conflict with other conditions whether accompanying quotation, offer or tender, these conditions shall prevail.2. Invoice and Titlea) Our terms of payment are strictly 14 days from the date of the invoice. All deliveries will be suspended or held should these terms not be met at any time. All accounts overdue by 60 days will have credit facilities suspended.b) Any costs or expenses incurred by Signal Events directly, indirectly or otherwise of the collection of overdue accounts will be payable by the customer.c) Title of goods shall remain the property of Signal Events until full payment has been received. The title of the goods passes to the customer at the time of dispatch.d) Goods will only be dispatched upon receipt of an official purchase order or full prepayment.e) We reserve the right to charge 100% of the order value for customers that do not have an account at the time of order.3. Quotation and Orderinga) Quotations by Signal Events are valid for a maximum of 30 days and pricing is subject to change after 30 days from the quotation date.b) A written instruction is required to place an order by email, fax or post. No verbal orders will be accepted. Invoice and delivery details are required with the written instruction of order.4. Deliverya) All contracts are made on the condition that delivery is “ex works” from our premises. Where we agree to arrange delivery to your premises (a) you will pay our standard packing and delivery charges in addition to the agreed price for the goods, and (b) we shall not be liable for any loss or damage in transit. If you require us to arrange insurance on behalf against loss or damage in transit you must confirm in writing at the time of placing the order.b) The time quoted for delivery is an estimated time only and shall be adhered to as closely as possible. No responsibility is accepted by Signal Events for any unforeseen delays, or any other circumstances not within the control of Signal Events, causing any delay in the manufacture and/or delivery.c) Exact quantities of mass produced and non-personalised bulk orders cannot be guaranteed and deliveries are subject to tolerances of up to plus or minus 10% of the total order quantity.5. Taxesa) The customer agrees to pay the relevant sales tax payable at the point of order. All orders will be treated as tax inclusive unless a tax exemption number is provided and signed for. This must be accompanied by a written order.6. Copyrighta) The customer hereby indemnifies and fully at law releases Signal Events against any loss, damages or expense resulting from any infringement of patent, trademarks and design rights.b) The use of other businesses logos or trademarks in the display of our products is not to be taken as a representation that we or our goods have a connection with that business or its goods or services. The business logos and trademarks are used for display purposes only and in many cases we do not have a connection with the business or its goods or services. We specifically exclude any indication that we or our goods or services have any association or connection with the business or the goods and services of the business which is the owner of the logos or trademarks.7. Returns and Creditsa) Returned goods and credits are only accepted if authorised by Signal Events and subject to Signal Events being notified within 7 days of dispatch of goods.b) Goods returned must make reference to an invoice number and be properly packed when returned and in original, unused condition with original packaging and documentation.c) Signal Events may in its sole discretion reject any items returned that are damaged, used or in poor condition. Returns are not accepted for change of mind purchases.d) Custom goods are non-returnable unless faulty or incorrect.8. Softwarea) Where we supply software to you, you are responsible for (a) checking the software for viruses and (b) ensuring that the software is compatible with your other software and equipment.b) Where we supply materials for printing on your printer(s), you are responsible for ensuring that such materials are suitable for use with your make and brand of printer. We accept no liability for any incompatibility including without limitation loss or damage caused by materials jamming or damaging incompatible printers.9. Hire Goodsa) Where we supply hire goods to you, a courier collection will be arranged as part of the hire agreement. Should the goods not be prepared and packed ready for the courier collection on the agreed date, a later collection will be arranged and further hire fees will apply.b) The customer is responsible for compatibility of said hire equipment with their existing equipment and use of and set up of the equipment.c) All hire equipment must be returned in the same condition as supplied and including all components and packaging.10. 1-by-1 StockIf you have entered into a Signal Events 1-by-1 contract, then this clause shall apply.a) We will prepare a standard template for the goods you have ordered printed with the approved logo and text and any amendments will involve extra charges.b) We will invoice you for all goods described in the quotation (the “total price”) on your acceptance of our quotation payable within 14 days of this date.c) During the order period (18 months from the initial order for the templates), we shall accept orders from you for the personalised information and dispatch these to you up to 5 working days from receipt of order. Orders will not be accepted after the 18 month order period and the total price will not be re-fundable, irrespective of the number of goods ordered during the order period.
11. Email CommunicationYou consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.