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Terms and Conditions

By placing an order for goods and services with Promosphere the customer is deemed to be bound by the terms and conditions of this agreement.

 

QUOTATION

All pricing is valid for 14 days and subject to exchange rate at time of order.

Prices quoted are subject to seeing final artwork.  This quote is based on full artwork being supplied in the correct format, or additional artwork costs will apply. All artwork to be supplied in Vector format as EPS, AI or PDF, with all text converted to outlines. PMS colours must be supplied where necessary.

All prices are confirmed with an order confirmation. All orders must be confirmed by the customer in writing.

 

PRODUCT SPECIFICATION

Promosphere reserves the right to discontinue and to modify designs and change specifications of any product included in its product range. Every effort is made to ensure that specifications, drawings and other information on the Promosphere website is accurate, but Promosphere will not be liable for any errors.

 

PAYMENT TERMS

Unless otherwise stated, Promosphere require 50% deposit to be paid at the time of placement of the order. The balance will be invoiced upon delivery, with payment required within 7 days. 

Promosphere will only accept payment via EFT.

If a customer fails to comply with the payment terms, Promosphere reserves the right to withhold further deliveries or, at its option, terminate the order and any unpaid amount will then become immediately due. If the Promosphere invoice remains unpaid for 30 days after the date of the invoice, the customer will be considered to be in breach of these Terms and Conditions. The purchaser agrees to reimburse Promosphere for any legal or collection expenses, if such are sustained in order to recover amounts due under these Terms and Conditions.

 

VARIATION OF ORDER

Orders cannot be cancelled except upon terms which compensate Promosphere for all work done and costs incurred by Promosphere to complete the order to the date of cancellation.

Orders cannot be amended except upon terms as stated by Promosphere 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 while all effort is made to match PMS colours it is not always possible to match PMS colours exactly due to differing branding processes and techniques and different product material. 

 

SHIPPING

Promosphere will make best efforts to ship your promotional goods to the desired destinations in the most economical way possible given the specified dates.

Promosphere cannot be held responsible for goods lost or delayed by common carrier, international or Australian Customs departments or by 'acts of God'.

Shipping costs are included in the final quote.

 

INSURANCE

Promosphere is under no obligation to insure the goods after they have left its place of business, after which the goods will be at the customer’s risk.

 

CLAIMS OR RETURNS

In the unlikely event of a claim, only written claims will be accepted and must be made within 14 days of receiving the goods.

Claims or returns will only be accepted where there is a fault in the product supplied or an error in the printing.

Faulty goods must be returned for inspection. A replacement of stock will be issued at Promosphere discretion once the goods have been checked.

Returned goods must be accompanied by either the relevant Invoice Copy or Invoice Number.

Any goods that are embellished in any manner, screen printed, embroidered, label changed etc. cannot be returned to Promosphere.

 

WARRANTIES

1. Promosphere Warranties

Unless otherwise stated, all implied warranties and conditions in relation to any supply by Promosphere are expressly excluded. However, Promosphere shall, if reasonably possible, pass on to customer the benefit of any manufacturers’ warranties.

2. Customer Warranties

The customer warrants and represents to Promosphere that:

a. It is the owner or licensee of the Intellectual Property used in the Artwork for the goods and it has the right to use, publish, licence or otherwise deal with the Artwork;

b. The Artwork does not infringe the Intellectual Property or other similar rights of a person or contravene any applicable laws; and

c. The customer will indemnify Promosphere against any loss and in respect of any claim alleging that the Artwork or any other material supplied to Promosphere by the customer infringes Intellectual Property or other similar rights or contravenes any applicable law.

 

TITLE & RISK

Promosphere will have a general lien on all goods which are in the possession of Promosphere for all sums payable by the customer to Promosphere and for that purpose shall have the right to sell any such goods by public auction or private sale and out of the money arising from the sale, may retain the sum to pay for all charges and expenses relating to this sale.

Promosphere can only exercise this right under the lien in the event that

1. Any amounts invoiced remain unpaid; or

2. An administrator, receiver or liquidator is appointed to manage the affairs of the customer.