These terms and conditions apply to and govern the supply by Topline Promotions Pty Ltd of goods and or services to the Customer. All orders placed by the Customer, will be subject to these terms and conditions (Terms).
- Artwork means the artwork supplied by the Customer to be used by Topline Promotions in respect of Goods.
- Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
- Customer means the person or entity that acquires goods or services from Topline Promotions
- Goods means promotional material and any other goods supplied or to be supplied to the Customer in respect of any agreement.
- GST has the same meaning given to it by the GST Act.
- GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended, varied or modified from time to time.
- Intellectual Property means all registered and unregistered rights in respect of patents, copyright, designs, trade marks, trade secrets, know-how, confidential information and all other intellectual property.
- PPSA means the Personal Property Securities Act 2009 (Cth).
- PPS Register means the register established under the PPSA.
- Prior to placing an order, Topline Promotions shall provide a quotation for the supply of the requested goods.
- Artwork is to be supplied by the Customer in a form as advised by Topline Promotions. Any related artwork costs involved in a job will be quoted according to specifications.
- For large orders Topline Promotions will provide pre-production. For small orders, pre-production samples are recommended, but will be supplied at the Customer’s cost. Topline Promotions will advise as to whether any particular order is a large or small order.
- Local orders: Quotations are valid for 30 days from the date of issue.
- Indent orders: Quotations are valid for 7 days from the date of issue.
3. Variation of order
- Orders cannot be cancelled except upon terms which compensate Topline Promotions for all work done and costs incurred by Topline Promotions to complete the order to the date of cancellation.
- Orders cannot be amended except upon terms as stated by Topline Promotions which will include payment for any additional work or expense caused by reason of such amendment.
- The Customer should take great care in order to ensure that they are ordering the correct size, quantity and branding.
- The Customer acknowledges that:
- Goods advertised on Topline Promotions’ website, catalogues and/or other promotional material may become unavailable, out of stock or discontinued lines, or changes (of a style nature) may be made from time to time. Topline Promotions does not guarantee that all goods advertised are in stock or available at the time of order, or that, if the product is available, it is identical to the advertised product.
- While all effort is made to match PMS colors it is not always possible to match PMS colors exactly due to differing branding processes and techniques and different product material.
- It is not always possible to deliver exact quantities of the product ordered due to availability, quality control and time constraints and Topline Promotions reserves the right to supply quantities plus or minus 5% of quantity of any product ordered and the price payable by the Customer shall be adjusted accordingly.
- Additional costs/charges will apply to “rush orders”.
4. Payment Terms
- Topline Promotions requires payment at the time of order unless other arrangements are made in writing between Topline Promotions and the Customer which may include the Customer satisfactorily completing a Credit Application Form and having a satisfactory credit rating and on such other terms as Topline Promotions may from time to time specify.
- Any orders to the value of $10,000 or larger, and/or any offshore produced order will require a 50% deposit be paid at the time of placement of the order. The balance will be prepay or on credit terms if the Customer has been approved for credit
- Topline Promotions may suspend or cancel any order if the Customer is in breach of these payment terms.
- In the event of payment by credit card (Visa or MasterCard) merchant’s fees will be on charged to and payable by the Customer. These fees are currently Visa, MasterCard – 2.5%. We do not accept American Express.
- Freight and/or handling charges apply to all deliveries and are payable by the Customer. These fees will be notified of or about the time the order is placed.
Unless expressly stated otherwise, all amounts specified in any agreement have been calculated without regard to GST and do not include GST. Topline Promotions may recover GST from the Customer as an additional amount payable in respect of any fees or other sums payable by the Customer under these Terms.
6. Title and Risk
Topline Promotions shall have a general lien on all Goods of the Customer which are in the possession of Topline Promotions for all sums payable by the Customer to Topline Promotions and for that purpose shall have the right to sell any such Goods by public auction or private treaty and out of monies arising from the sale, may retain the sum so payable and all charges and expenses relating to the detention and sale. Topline Promotions can only exercise this right under the lien in the event that i) any amounts invoiced remain unpaid; or ii) an administrator, receiver or liquidator is appointed to manage the affairs of the Customer. The rights of Topline Promotions under this clause shall survive the termination of the Contract between Topline Promotions and the Customer, whether by the effusion of time or otherwise.
- At any time without prior notice to the Customer but at the Customer’s cost, Topline Promotions may register in relation to any or all of those rights one or more financing statements/financing change statements on the register maintained under the PPSA
- To any extent Topline Promotions at any time requests, within 7 days the Customer must do all things necessary to assist such registration(s) and/or ensure the above rights priority over any other security interest (present or future) over the same property.
7. General Provisions
Topline Promotions may amend these Terms from time to time, by written notice to the Customer, provided that the amended Terms will only apply to orders placed after the date of such notice.