The terms and conditions of sale apply to the sale of all goods and services provided by Squeegee Taylors Screen Printing & Embroidery Pty Ltd (the “Company”). Any variations or cancellations of these conditions shall not be binding unless agreed to by the Company in writing.
Disclaimer of Liability:
The Company disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any statutory rights. To the extent permitted by law, the liability of the Company for a breach of a statutory right is limited, at the Company’s option, to the supplying of the products or any services again or payment of the cost of having the products or any services supplied again. If the Company submits a proof of the products to the customer, the Company will not be responsible for any errors in the products which appeared in the proof and which were not corrected by the customer before the order was completed. Notwithstanding any other provision of this contract, the Company will not be liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for: (a) increased costs or expenses; (b) loss of profit, revenue, business, contracts or anticipated savings; (c) loss or expense resulting from a claim by a third party; or (d) special, indirect or consequential loss or damage of any kind arising from the Company’s failing or delaying in completion or delivery of the products. If the Company is prevented from delivering the goods because of any act of God, war, strike, lock-out, industrial dispute, government legislation or intervention, fire, flood, transport delays or any other cause beyond its control then it shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the purchaser have any claim for loss or damage against the Company.
Material supplied by customer:
If the Company and the customer agree that the customer is responsible for supplying materials for the purposes of the order: (a) The Company will not be responsible for any defects in the products which are caused by defects in or the unsuitability of materials or equipment supplied by the customer; (b) Property in materials supplied by the customer and incorporated into the products passes to the Company at the time of incorporation.
Unless the Company and customer agree otherwise, the Company owns the copyright in all drawings, sketches, paintings, photographs, designs, slogans, typesetting, samples, swatches, positives, screens, stencils, compact discs, or other media or data and other material produced by the Company in the course of or in preparation for performing the order and whether or not they are in fact used for the purposes of performing the order. The customer: (i) warrants that it has copyright in or a valid licence under which it is entitled to authorise the Company to reproduce, all artistic and literary works supplied by the customer to the Company for the purposes of the order and the customer expressly authorises the Company to reproduce all and any of those works for the purposes of fulfilling the order; (ii) indemnifies the Company and agrees to keep it indemnified against all liability, losses or expenses incurred by the Company in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in those literary and artistic works.