Terms & Conditions
1.1 The Contract between Mybizniz Pty Ltd ACN 165 526 572 trading as Infinite Print (Infinite Print) and the Client for the provision of Works comes into force upon the Client’s acceptance of the Quotation.
1.2 The Quotation is open for acceptance for a period of 14 days from the date of the Quotation upon which time the offer will lapse.
1.3 The Quotation and Terms constitute the entire Contract between Infinite Print and the Client.
2. Information to be Provided and Timeframes
2.1 The Client (or Client representative) is to provide all information to Infinite Print including but not limited to:
(a) details of all materials and or colours to be printed;
(b) literary and artistic (including but not limited to design, drawings or specifications) works in print ready form;
(c) details on size and type of prints to be supplied; and
(d) electronic graphic files.
2.2. Infinite Print reserves the right to modify the design, drawings or specifications supplied by the Client which do not materially affect the quality or usage of the goods by the Client, without notice.
2.3 Infinite Print endeavours to minimise time delays and potential cost to the Client by commencing a project only when the Client has provided all information outlined in clause 2.1 above to begin. Once Infinite Print has all information required, the print job should be completed in 3 – 5 business days with the exception of complex jobs which may require longer.
2.4 A print job may be fast tracked if the Client advises Infinite Print that this is required at the time of placing the order and Infinite Print agrees to the priority order.
2.5 Any timeframe provided for delivery of goods and/or provision of services to be completed is an approximation and Infinite Print will not be bound to meet such timeframe. Infinite Print will where reasonably possible, aim to uphold any approximate timeframe provided for delivery of goods and/or provision of
services but will not be liable for any loss or damage suffered by the Client for failure to meet this timeframe.
2.6 Should Infinite Print be unable to complete a print job due to no fault of Infinite Print, the print job may be cancelled.
3.1 The Fee proposal is based on Infinite Print’s calculation to complete the print job at the date of the Quotation. The Fee is limited to the Works outlined in the Quotation unless otherwise varied in writing and signed by both parties. If a variation or special condition is not made in writing and signed then Infinite Print
will not be liable and the Client will be unable to make any claim.
3.2 All Quotations are subject to withdrawal or variation by Infinite Print at any time prior to Infinite Print’s acceptance of an order by notice in writing to the Client.
3.3 Quotations are subject to the cost of producing the printed materials remaining unchanged and are therefore subject to variation on or after acceptance of any order placed to ensure the increase or decrease of such costs are passed on to the Client. Infinite Print will inform the Client of any variation required.
3.3 The Client acknowledges and agrees that:
(a) there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes; and
(b) trimming may vary by up to 1 millimetre from the proof, specification or print job to print job and that such variation will not be considered an error with the print job.
3.4 All prices quoted are for the supply to Infinite Print of specified print ready artwork. Should any artwork corrections be required Infinite Print reserve the right to make such alterations and request subsequent approval from the Client to proceed to print. Any charges associated for this artwork correction may be passed to the Client, subject to prior notification.
4. Specialist Services
4.1 Where possible Infinite Print have included all anticipated costs associated with the completion of the required Works based on the Client brief.
4.2 Where other specialist services are required, Infinite Print will engage these specialist services directly at a cost to the Client.
5. Payment Terms
5.1 Infinite Print require pre-payment in full, prior to the print job or other services starting. Clients who require an alternative payment option should discuss this with Infinite Print, who may in their absolute and sole discretion agree to a different payment method subject to the Client passing a credit check.
5.2 Any payment made will not considered as accepted until the funds are cleared in Infinite Print’s bank account.
5.3 Clause 5 may be amended by Infinite Print upon providing the Client with written notice at the time of amendment.
5.4 The Client shall have the ability to pay by Visa or Mastercard without attracting and processing fees. If the Client fails to comply with clause 5, the processing fees may be charged to the Client by Infinite Print.
5.5 Where payment is not made by the Customer on or before the due day of the invoice, then all further money required to be paid by the Customer for the print job will become immediately due and payable without further notice.Upon such default, Infinite Print reserves its right to:
(a) Impose interest on the Client for the sum outstanding at a rate of 15% per annum, accrued from and including the payment due date to the date of payment;
(b) Charge the Client for expenses that are incurred by Infinite Print in the recovery of any payment and goods and/or to enforce this Contract, including legal costs of a solicitor/own client basis;
(c) Terminate the Contract and any other contract with the Client without impacting upon Infinite Print’s accrued rights under any other contract.
5.6 The Fee is inclusive of GST. The Client must pay Infinite Print all GST payable in respect of the supply of goods and services in performance of the Works under the Terms.
5.7 Unless otherwise provided in writing by the Infinite Print, the Client shall not be entitled to retain any part of the Fee by way of retention monies to guarantee satisfactory operation of the goods supplied and installed.
5.8 No credit terms will be offered to the Client, nor can they be inferred unless agreed in writing by Infinite Print.
6.1 The Client warrants that it has sufficient funds to pay for the Works in accordance with Clause 5 of the Terms.
6.2 The Client warrants that the information provided in relation to the Works is true and accurate and acknowledges that this is an essential term of the Contract. Failure to provide true and accurate information may result in an increase in Fees or the suspension or termination of Works by Infinite Print.
6.3 While every effort is made to ensure the accuracy, the descriptions, illustrations and material contained in any catalogue, price list, brochure, leaflet, specification sheets or other descriptive materials provided by Infinite Print to the Client, they do only represent the general nature of the items described therein and do not form part of any order or agreement and do not constitute a representation or warranty made by Infinite Print.
6.4 Infinite Print will ensure that jobs printed by Infinite Print have colour consistency and colour quality certified to documented International standards. However, Infinite Print cannot ensure an exact match in colour or texture between the Customer’s artwork (including electronic graphic files or previously printed materials or any other materials supplied by the Client) and the final delivered goods. The Client acknowledges and accepts that there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes.
6.5 Whilst every endeavour will be made to deliver the correct quantity of print items ordered, due to the difficulties of producing exact quantities, Infinite Print shall not be liable for delivering incorrect quantities and there will be no adjustment in the price if the quantity variation does not exceed 10% of the quantity specified in the order. The Client’s remedy, at Infinite Print’s sole and absolute discretion, will be either a refund of monies paid for the shortage on a pro rata basis or a re-print of the shortage quantity to be undertaken by Infinite Print within a reasonable period of time.
6.6 Except as specifically set out in this Contrat any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is here by expressly excluded.
6.7 Infinite Print’s liability for:
(a) a breach by Infinite Print of any term of this Contract;
(b) a breach by Infinite Print of any condition or warranty implied in this Contact;
(c) the cancellation or suspension of supply of goods or services by Infinite Print; or
(d) any loss or damage suffered or incurred by the Client or any third party howsoever arising under or in connection with this Contract; is limited to the replacement or the re-supply of the goods or the re-supply of the services.
6.8 Infinite Print will not be liable for any indirect, special or consequential loss or damage suffered or incurred by the Client or any third party, howsoever caused, including loss of turnover, profits, business or goodwill.
6.9 Nothing in this Contract is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
7. Limitation of Liability
7.1 Where the Client is a consumer for the purpose of the Australian Consumer Law, the Client acknowledges and agrees that, subject to the Competition and Consumer Act 2010 (Cth) or other applicable legislation, Infinite Print’s total liability for any loss, damage or reliance shall be limited to: (a) in the case of goods, either replacement of goods, repair of goods, or a refund of the price paid for the goods (as determined by Infinite Print); or
(b) in the case of services, either supply of the services again or a refund of the price paid for the services (as determined by Infinite Print).
7.2 To the extent permitted by law, the Works are provided without any warranties of any kind, whether statutory, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, compatibility or guaranteed results or outcomes.
7.3 Infinite Print shall not be liable for any loss or damage resulting from fire, water, wind-storm, hail, lightening, earthquake, theft, riot, misuse or abuse, or any other circumstance beyond Infinite Print’s control.
7.6 If the Client fails to pay for the goods within the period of credit (if any) or before the due date of the invoice or progress payments schedule (if any) and in accordance with, the Personal Property Securities Act 2009 Cth (PPSA), Infinite Print may recover possession of the goods (notwithstanding that the goods may be attached to other goods not being Infinite Print ‘s property) at any site owned, possessed or controlled by the Client and the Client agrees that Infinite Print has an irrevocable licence to do so. The Client indemnifies Infinite Print from and against all costs, claims, demands or actions by any party arising from action taken under this clause.
7.7 The Client acknowledges that upon Infinite Print providing the goods outlined in the Quotation, the Client will:
(a) Treat the security interest created under this Contract as a continuing and subsisting security interest in the relevant goods with priority over any registered or unregistered general (or other) security and any unsecured creditor (even if the goods become fixtures before paid for in full);
(b) grants to Infinite Print a purchase money security interest (PMSI) as defined in the PPSA in goods supplied;
(c) agrees that the PMSI granted herein will continue to apply to any goods coming into existence or proceeds of sale of goods or goods coming into existence;
(d) agrees that the PMSI has attached to all goods now or in the future supplied to the Client by Infinite Print; and
(e) agrees, until title in the goods pass to it, to keep all the goods free and ensure all the goods are kept free of any charge, lien or security interest (as defined in the PPSA) except as created under this Contract, and not otherwise deal with the goods in a way that will or may prejudice any rights of Infinite Print under this Contract or the PPSA.
7.8 Infinite Print reserves the right to register a financing statement under the PPSA in respect of the goods. The Client waives its right to receive a copy of any financing statement, financing change statement or verification statement that is or may be registered, issued or received at any time.
7.9 The Client irrevocably grants Infinite Print the right to enter any premises or property (without notice) and without being in any way liable to by Infinite Print or any other person if the Client has cause to exercise any of its rights under the PPSA (and the Client will indemnify Infinite Print against any such liability).
7.10 It is agreed that (to the extent permitted under the PPSA), the Client hereby waives its rights under sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132, 134, 135, 142 and 143 of the PPSA.
7.11 Infinite Print will not be liable for any defect in the goods manufactured or supplied by Infinite Print which are based in whole or in part upon any designs, drawings or specifications supplied to Infinite Print by the Client.
7.12 Subject to clause 7.11, Infinite Print will not be liable for any defects, shortages, damage or noncompliance with the specifications in the Contract unless the Client notifies Infinite Print in writing with full details within 7 business days of delivery of the goods or provision of the services.
7.13 If the Client does not give the notice as required in clause 7.12, the Customer is deemed to have accepted the goods or services.
7.14 When any defects, shortages, claim for damage or non-compliance with the specifications in the Contract is accepted, Infinite Print may, at its option, replace the defective or missing goods or re-supply the services.
7.15 Infinite Print will not accept goods for return that have been altered in any way or have been used.
(a) Unless Infinite Print reasonably agrees that the defects, shortages, damage or non-compliance referred to in clause 7.14 is due to Infinite Print’s fault, the Client must pay all freight charges associated with the return of goods.
(b) Where delivery is requested by the Client, to be left at an unattended address, Infinite Print will not accept liability for any subsequent issues arising from that delivery. This clause does not affect any other rights pertaining to the goods noted within these terms and conditions.
(c) If a hard copy colour proof is not requested then Infinite Print will produce to certified colour standards. Infinite Print will not be liable if colour representation fits within these measured standards.
8.1 Termination by the Client (in whole or in part) may only occur with the written consent of Infinite Print. All costs incurred by Infinite Print or associated with the termination of the Works by the Client will be recoverable as a debt due from the Client.
8.2 Without prejudice to any other rights and remedies which Infinite Print have, if:
(a) the Client does not pay any amount properly due under clause 5; and/or
(b) the Works are suspended by the Client for a period in excess of one (1) month; and/or(c) the Client becomes bankrupt, insolvent, makes arrangements with its creditors, enters into administration or commits an act of insolvency or bankruptcy; and/or
(d) information provided with regard to the Client’s source of finance is found to be inaccurate or untrue or Infinite Print otherwise have reasonable grounds to believe the Client may be unable to pay for the Works; and/or
(e) the Client breaches any term or warranty of the Contract; Infinite Print may suspend Works or terminate the Contract. All costs, charges and losses incurred by Infinite Print (including legal costs on an indemnity basis) as a result of the termination of the Contract or suspension of Works will be recoverable as a debt due from the Client.
9.1 The Client agrees to indemnify Infinite Print against any cost, detriment, loss, injury or damage caused by breaching the Terms of this Contract.
9.2 The Client indemnifies and agrees to keep Infinite Print indemnified against all liability, losses or expenses incurred by Infinite Print in relation to, or in any way directly or indirectly connected with, the use of the Client Materials by Infinite Print.
10. Intellectual Property
10.1 Any Infinite Print materials (and the intellectual property subsisting in these materials) provided to the Client by Infinite Print in connection with the goods and services remains Infinite Print’s exclusive property and the Client acknowledges that the Client has no proprietary right or interest in the Infinite Print materials its intellectual property.
10.2 All Infinite Print materials and its intellectual property must be returned to Infinite Print on demand and the Client must not:
(a) Copy or disclose any Infinite Print materials or its intellectual property to any third party without Infinite Print’s express written consent;
(b) create, sell, manufacture or process any goods or services which use or take advantage of any Infinite Print materials or Infinite Print’s intellectual property.
10.3 Where the Client provides its own materials, data or information including literary and artistic works (Client Materials) for use by Infinite Print to fulfil any order, the Client warrants that:
(a) The Client owns (or is licensed to use) the Client Materials and the intellectual property in those Client Materials; and
(b) The use of the Client Materials by Infinite Print will not infringe the intellectual property of any thir party; and the Client hereby Infinite Print a licence to use the Client Materials and the intellectual property therein:
(c) For the purpose of fulfilling the Client’s orders and providing the goods and services under this Contract; and
(d) In Infinite Print’s promotional materials to indicate that the Client is one of Infinite Print’s clients and to depict the quality and range of Infinite Print‘s goods and services.
10.4 All ‘works’ (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials and processes developed or created pursuant to this Contract and any intellectual property therein:
(a) Are hereby vested in Infinite Print as and when such rights are brought into existence;
(b) Are agreed to be the absolute and exclusive property of Infinite Print; and
(c) To the extent necessary, are hereby assigned absolutely to Infinite Print.
11. Privacy Obligations
11.1 Infinite Print is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with the Client will be appropriately collected, stored, used, disclosed and transferred in accordance with the Privacy Act 1988. Such information may be accessed by request to Infinite Print in accordance with the Privacy Act 1988.
11.2 The Client must comply with the Privacy Act 1988 in connection with any personal information supplied to the Client by Infinite Print in connection with this Contract.
10.1 If any dispute concerning this Contract arises and cannot be resolved between the parties within seven (7) days, it must in be referred to the Queensland Law Society who will appoint a mediator to attempt to resolve the dispute. All costs associated with the mediation will be shared equally between the parties.
10.2 A dispute or difference shall not be sufficient grounds to withhold payment.
11. Jurisdiction This Contract shall be governed by and construed in accordance with the laws of Queensland and the parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
12. Severance If any clause, sub-clause, paragraph, sub-paragraph or part thereof of this Contract shall be held or found to be void, invalid or otherwise unenforceable, it shall be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of the Contract shall remain in full force and effect.
“Australian Consumer Law” means the national law for fair trading and consumer protection as set out in schedule
2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time;
“Contract” means the Quotation and the Terms;
“Client” means the entity named as such on the Quotation;
“Fee” means the cost of the Works as identified on the Quotation;
“Quotation” means the quotation attached to these Terms outlining the Client, the Works and the Fee;
“Terms” means these standard terms and conditions; and
“Works” means the supply of goods, materials and or services by Infinite Print to the Client as stipulated in the