Terms & Conditions

1. DEFINITIONS
1.1 "BannersDirect" shall mean BannesDirect Limited, or any Agents or employees thereof.
1.2 "Customer" shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods and services from BannersDirect.
1.3 "Goods and Services" shall mean all goods, services and advice provided by BannersDirect to the customer, equipment, delivery and installation and the manufacture, design and building of display works, project management and all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods and services by BannersDirect to the customer.
1.4 "Price" shall mean the cost of the goods and services as agreed between BannersDirect and the customer subject to Clause 4 of this contract.
1.5 'The seller' refers to BannesDirect Limited.

2. ACCEPTANCE
2.1 Any instructions received by BannersDirect from the customer for the supply of goods and services shall constitute a binding contract and acceptance of the terms and conditions contained herewith.

3. FORMATION OF CONTRACT
The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.

4. COLLECTION AND USE OF INFORMATION
4.1 The customer authorises BannersDirect to collect, retain and use any information about the customer, for the purposes of assessing the customer's credit worthiness, enforcing any rights under this contract and services provided by BannersDirect to any other party.
4.2 The customer authorises BannersDirect to disclose any information obtained to any person for the purposes set out in Clause 4.1
4.3 Where the customer is a natural person, the authorities under Clause 4.1 and 4.2 are authorities or consents for the purposes of the Privacy Act 1993.

5. PRICE
5.1 Where no 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 and services are sold by BannersDirect at the time of the contract.
5.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods and services that is beyond the control of BannersDirect between the date of the contract and delivery of the goods and services.
5.3 All prices are subject to GST where applicable.

6. PAYMENT
6.1 Online orders must be paid for IN FULL before production will commense.
6.2 Any expenses, disbursements and legal costs incurred by BannersDirect in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable Solicitor's fees or debt collection agency fees.
6.3 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until paid in full.
6.4 The ownership of goods, signage and design items for sale remain the property of BannersDirect until full payment is received.

7. QUOTATION
7.1 Where a quotation is given by BannersDirect for goods and services:
7.1.1 The quotation shall be valid for thirty (30) days from the date of issue, and
7.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
7.2 Where goods and services are required in addition to the quotation, the customer agrees to pay for the additional cost of such good and services.

8. AGENCY
8.1 The customer authorizes BannersDirect to contract either as principal or Agent for the provision of goods and services that are the matter of this contract.
8.2 Where BannersDirect enters into a contract of the type referred to in Clause 8.1, it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract.

9. DISPUTES
9.1 No claim relating to goods and services will be considered unless made within seven (7) days of completion of the goods and services.

10. LIABILITY
10.1 The Consumer Guarantees Act 1993, the Commerce Act 1996, the Fair Trading Act 1987 and other statues may imply warranties or conditions or impose obligations upon BannersDirect which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on BannersDirect, BannersDirect's liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statue.
10.2 Except as otherwise provided by Clause 10.1, BannersDirect shall not be liable for:
10.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the customer or another person, and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from goods and services provided by BannersDirect to the customer, and
10.2.2 The customer shall indemnify BannersDirect against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of BannersDirect or otherwise, brought by any person in connection with any matter, act, omission, or error by BannersDirect, its Agents or employees in connection with the goods and services.

11. CONSUMER GUARANTEES ACT
11.1 The guarantee contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods and services from BannersDirect for the purposes of a business in terms of Section 2 and 43 of that Act.

12. CANCELLATION FEE
12.1 In the event of cancellation by the customer BannersDirect retains the right to charge for all work carried out prior to notification of cancellation.

13. RETURN OF GOODS
13.1 Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.
13.2 Forward replacements are provided at the seller's discretion. If you have been provided a forward replacement and you do not return the item it is replacing then the seller is entitled to charge the price of the forward replacement to your credit card.

14 ERRORS OR OMISSIONS
14.1 The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

15. MISCELLANEOUS
15.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of BannersDirect.
15.2 BannersDirect shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
15.3 Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.

16. ELECTRONIC FILES AND COPYRIGHT
16.1 All electronic records including files used to create any artwork or design shall remain the property of the supplier.
16.2 It is the customer's responsibility to retain a copy of any electronic image or file supplied by the customer to the supplier. The supplier is not responsible for accidental damage to any electronic material supplied and such material is held at the customer's risk.
16.3 The supplier may charge for any additional translating, editing or programming needed to utilise customer supplied files or images and such charges shall be in addition to the quoted price.
16.4 BannersDirect reserves ownership of copyright for sketches, dummies, designs and other creative work produced by BannersDirect unless agreed with the customer to prior to the creation of such works.

17 COLOUR PROOFS
17.1 BannersDirect provides no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The supplier will however use its best endeavours to provide a commercially acceptable finished product.

18 PROOF APPROVAL
18.1 BannersDirect is not liable for errors or variations in the finished work where such errors or variations were contained in the proof approved by the customer.

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