ADMOR PROMOTIONS’ GENERAL TERMS AND CONDITIONS OF TRADE
1. “we” or “us”means ADMOR PROMOTIONS.
2. The “Customer”means the person or entity applying for a credit account with us or placing an order for the purchase of goods from us.
3. In the event of any conflict between the Trade Credit Terms and these General Terms and Conditions of Trade these General Terms and Conditions of Trade shall prevail.
4. All orders from our website are subject to approval. We reserve the right to refuse or cancel any order if Trading Terms are not complied with for any reason.
5. All content included on this site, images, text and logos remain the property of the appropriate companies.
6. Prices on the website do not include any branding charges or printing/embroidery set up charges.
7. Payment Terms
(a) For the first three orders with us all payments are on pick up or by direct credit into our bank account before delivery or otherwise negotiated. For all first orders over $2,500.00, we require a deposit of 50% on order and the balance prior to delivery or otherwise negotiated.
(b) After the first three orders application can then be made to make payments within seven days of the date on the invoice or otherwise negotiated. For further orders over $2,500.00, we require a deposit of 50% on order and the balance within seven days or otherwise negotiated.
(c) After a year’s continuous trading with Admor Promotions, application can be made to make all payments on 20th month following date of invoice.
(d) Disputed accounts must be advised within seven days of invoice. If any portion of the account is outstanding, your credit will be stopped. In the event that we do not receive payment in full on the due date all costs of the collection process will be payable by the Customer. We reserve the right to charge interest at 5% per annum above Westpac’s base rate for commercial lending on overdue accounts from the due date until the date of payment. In the event of Court proceedings being issued for non-payment, all costs, including our legal fees, will be payable by the Customer. We reserve the right to issue legal proceedings in any Court.
(e) Ownership of goods hereby sold shall remain with us until payment is received in full. We shall be entitled to recover from the Customer the value of the goods (as invoiced) as a liquidated sum.
8. We accept no liability for any loss sustained through late delivery from any cause whatsoever including negligence.
We inspect all art submitted to ensure that it will reproduce well on the items that have been selected. In the event that the art is not usable for a quality branding on our products, we will contact you with options. If necessary, we are able to assist you in creating quality artwork. We utilize the most widely used and recommended graphic and layout programs.
Inmost cases, art prep work is done at no charge. However a $100.00 artwork charge will apply if we are required to redraw any logos. Production time will begin after approval of the art.
Please note that we cannot accept .tif, .bmp or jpeg files as these are not considered as final artwork for spot colour printing. We use CorelDRAW 16 and Adobe Illustrator CS6. Please supply artwork in Illustrator Vector EPS Format for print, or High Resolution JPEG for embroidery only. All fonts & text should be outlined or the font should be supplied.
10. We are not liable in any way whatsoever for errors or omissions on paper proofs signed off by the Customer as correct. All costs for remedial action requested by the Customer will be invoiced to the Customer’s account
11. Print Colours and Colour Matching
All goods are printed with modern inks and using industry accepted printing processes. However, we shall not be liable for inks wearing off products through wear and tear. We will match PMS colours as accurately as our inks will allow, but we cannot guarantee close matches on anything other than white surfaces. Half tones and detailed graphics may reproduce less than perfectly on some products and we take no responsibility for such imperfections other than where we have made recommendations to the Customer on our proof sheets. Only approximate PMS colour matches are possible with digital printing. We will not be liable for errors where a proof has been submitted to and approved by the Customer. We shall not be liable for any indirect or consequential loss or damage to the Customer or for any loss to the Customer arising from third party claims occasioned by errors in carrying out the work.
12. Over run/under run for Printed Products.
We will make every attempt to ship exact quantities. Due to our post-production quality control efforts and the high speed of the custom production process, there is the potential for up to 2%-5% over/under runs
We recognise that from time to time samples are required by customers view, test or try on the products. The following policy helps us provide our level of service to our customers and run a successful business. All samples on loan must be returned in the original condition and packaging. All samples on loan must be returned within seven days from the date on the sample invoice. If samples are required longer please contact before the seven day deadline is up so that we can arrange a longer period. Any item not returned within the seven days will be invoiced for payment.
14. Return & Cancellation Policy
We are dedicated to providing you with the highest quality promo products,corporate apparel and customer service. If you are dissatisfied for any reason, call us immediately. We will do whatever it takes to guarantee your satisfaction. A restocking fee may apply. Unauthorised returns will not be accepted, please contact us for approval. Please understand that all printed or embroidered products are customised based on your specifications and once manufactured are not subject to cancellation or reduction. An order may not be cancelled except upon terms that will compensate us for all costs incurred (including any product specifically purchased for the order) and will otherwise protect against loss including loss of profit.
15. Shipping &Handling Charges
Prices listed do not include shipping & handling charges.
We are a reseller of promotional products and apparel. We are not a manufacturer. All products are guaranteed against manufacturing defects and complaints must be made in writing within 10 days of the invoice date. Claims for defective goods will be settled by replacement and credits or refunds will only be issued at our discretion.
17. The Customer hereby grants to us in accordance with the Personal Property Securities Act1999 (“the PPSA”), a security interest in respect of all goods supplied to the Customer by us and all proceeds from the sale thereof (including without limitation, goods, money, accounts receivable, chattel paper, intangibles,negotiable instruments, documents of title and investment securities) (“the Collateral”) to secure the payment by the Customer to us of all amounts the Customer may owe us from time to time and at any time. The Customer shall provide us with the information in the Trade Credit Application and, where necessary, evidence of the accuracy of the information and shall immediately at our request provide all information and / or sign and return to us any document required to enable us to register a financing statement or a financing change statement in respect of the security interest granted by the Customer pursuant to this clause or any other security interest which the Customer shall grant pursuant to our request. The Customer shall pay to us all costs, expenses, and other charges incurred, expended or payable by us in relation to the filing of a financing statement or a financing change statement in connection with these General Terms and Conditions of Trade.
18. The Customer:
(a) agrees that if,at any relevant time, we do not at that time have priority over all other secured parties in relation to the Collateral, then the Customer and we will,for the purposes of sections 109(1), 111(1) and 120(1) of the PPSA, be deemed,in accordance with the entitlement to do so under section 107(2) of the PPSA,to have contracted out of that section but specifically on the basis that, as between them and for purposes of these General Terms and Conditions of Trade and the operation and application of the PPSA, sections 109(1), 111(1) and 120(1)(but amended only by the deletion of the words “with priority over all other secured parties”) is reinstated and contracted back into;
(b) agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to these General Terms and Conditions of Trade, or the security under these General Terms and Conditions of Trade;
(c) waives the Customer’s right to do any of the following:
(i) receive a statement of account under section 116 of the PPSA;
(ii) receive notification of the proposal to retain Collateral under section 120(2) of the PPSA;
(iii) object to our proposal to retain any Collateral under section 121of the PPSA;
(iv) not have goods damaged when we remove an accession under section 125 of the PPSA;
(v) receive notice of the removal of an accession under section 129 of the PPSA;
(vi) apply to the Court for any order concerning the removal of an accession under section 131 of the PPSA; and
(vii) receive a copy of the verification statement confirming registration of a financing statement ora financing change statement relating to the security interest created by these General Terms and Conditions of Trade; and
(d) If the goods (or part there of) or any after acquired property supplied by us to the Customer is sold by the Customer to a third party prior to payment having been received by us for the same the Customer shall hold all proceeds of the sale in trust for us in a separate bank account us until payment in full without set-off or deduction, for the goods (or part thereof) or after acquired property supplied by us to the Customer has been received by us.
19. The above exclusions and limitations shall not apply to a consumer as defined in the Consumer Guarantees Act 1993. The Customer agrees and acknowledges that either the Customer does not fall within the definition of “consumer” within the Consumer Guarantees Act 1993, or all supplies of goods and services by us to the Customer will be acquired for the Customer’s business purposes and accordingly the provisions of the Consumer Guarantees Act 1993 will not apply.
20. The warranties herein are expressly in lieu of all other warranties, expressed or implied,including warranties of merchantability or fitness for a particular purpose,all such other warranties being hereby expressly excluded to the maximum extent permitted by law.
21. These terms and conditions may be changed at any time by us without notice to you.