1. Definitions
(a) Australian Consumer Law (“ACL”) refers to the provisions as set out in Schedule 2 of the Competition and
Consumer Act 2010 (Cth);
(b) Credit Application means any form accepted by Revolution Print, as an application for credit;
(c) Customer means a person or entity ordering the Goods, as shown on the invoice, purchase order, or other
document issued by Revolution Print, evidencing an order for Goods;
(d) Delivery Date shall be the date in which Revolution Print attempts delivers the Goods to the Customer’s nominated
address;
(e) Goods means those products listed on the written quotation, invoice or other document provided by Revolution
Print to the Customer evidencing order of the Goods;
(f) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended;
(g) GST means the Goods and Services Tax as levied under the GST Act;
(h) Revolution Print means a trading entity of Kings The Printer Pty Ltd ACN 005 639 538;
(i) Services means any service listed on the written quotation, invoice or other document provided by Revolution Print
to the Customer evidencing the order of those Services; and
(j) PPSA has the meaning as set out in Personal Properties and Securities Act 2009 (Cth)
2. Application
(a) These Terms & Conditions apply to all sales of Goods by Revolution Print to the Customer, unless expressly waved
or varied by Revolution Print in writing.
(b) Any order of Goods and/or any payment made by the Customer, represents the Customer’s unequivocal and
irrevocable acceptance of these Terms & Conditions and acts as a legally binding contract between Revolution
Print and the Customer.
(c) These Terms & Conditions must be interpreted to comply with applicable Commonwealth and Victoria legislation. If
any clause does not comply with any such law, then that clause must be read to give as much effect as possible. If
it is not possible to give the clause any effect at all, then it is to be severed from these Terms & Conditions.
3. Quotations
(a) Subject to clause 3(b), Revolution Print’s written quotations must be accepted within 30 days of the date of issue,
unless otherwise stated in writing on the quotation provided to the Customer.
(b) These Terms & Conditions must be interpreted to comply with applicable Commonwealth and Victoria legislation. If
any clause does not comply with any such law, then that clause must be read to give as much effect as possible. If
it is not possible to give the clause any effect at all, then it is to be severed from these Terms & Conditions.
4. Customers Instructions
(a) Revolution Print’s written quotation shall be deemed to have interpret correctly the Customer’s instructions.
(b) In the absence of written instructions, Revolution Print shall not liable to the Customer for any errors or omissions
due to misinterpretation of verbal instructions.
(c) Provided that Revolution Print correctly follows the Customer’s written instructions, any alternations or additions to
the Customer’s order will automatically alter the quotation and be will be charged in addition to the amount stated in
the written quotations.
5. Expedited Delivery
(a) Should delivery of work be required urgently reasonable efforts will be made by Revolution Print to secure freedom
from defects. However, Revolution Print shall not be held responsible for defects caused as a result of the
requirement for such urgent delivery.
(b) Should urgent delivery necessitate overtime work or other additional costs being occurred, an additional charge will
be made to cover these additional costs of production
6. Outside work
If Revolution Print is required to obtain additional Goods or Services such as typefaces, film or plates to complete a
Customer Order, then:
(I) Revolution Print acquires these Goods and/or services as agent for the Customer and not as principal and will
have no liability to the Customer in relation to the supply of those Goods and/or services. Any claim by the
Customer in relation to the supply of those Goods and/or services must be made directly against the third party;
and
(II) Revolution Print reserves the rights to invoice the Customer the costs of obtaining such Goods.
7. Suspension of Work
The suspension by the Customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall
entitle Revolution Print to payment in full for the portion of work completed and any workinprogress.
8. Price
(a) The order of precedence for determining the price for the Goods shall be:
(I) Revolution Print’s current ruling price at the date of delivery;
(II) the price shown on Revolution Print’s invoice; and
(III) any written quotation given by Revolution Print.
(b) Unless expressly stated on the written quotation or on Revolution Print’s invoice, the price excludes:
(I) any delivery charge; and
(II) GST.
The Customer must pay these amounts in addition, and at the same time as payment of the price.
9. Payment
(a) Once the work is completed Revolution Print shall invoice the Customer for the quoted value of the work plus any
additional charges that have occurred to enable the order of Goods to be completed in accordance with the
Customer’s requests and requirements.
(b) Unless otherwise agreed with Revolution Print, all Invoices shall be paid cash on delivery, or prior to delivery of the
Customer’s ordered goods.
(c) Every endeavor will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact
quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or
shortages, which shall be charged for or deducted as appropriate.
10. Interest & Charges
Revolution Print may charge and the Customer must pay:
(a) Interest at the rate of 15 % on all amounts not paid by the due date for payment, with interest calculated from the
due date until the date that all amounts due are received as clear funds by Revolution Print; and
(b) Any other amounts or fees incurred by Revolution Print as a consequence of late payment.
11. Credit
(a) Revolution Print may, at its sole discretion, supply the Customer with the Goods on the terms that do not require
payment in full at the time of delivery. If Revolution Print does so, this clause apples.
(b) If this clause applies, Revolution Print may:
(I) require the Customer to complete a Credit Application, in any form prescribed by Revolution Print, as a condition
of providing or extending credit; (II) withdraw, suspend or vary the conditions of credit at any time; (III) set and vary
credit limits for Customers from time to time; and (IV) require the Customer to make a payment on or prior to
delivery at any time, provided the Customer is notified of the change in payment arrangements, prior to delivery of
Goods.
(c) By accepting credit from Revolution Print, the Customer warrants and acknowledges that:
(I) they have read these Terms & Conditions; (II) understood the Credit Application; and (III) are in a financial
position to pay its debts as they fall due.
(d) The Customer agrees not to make any claim, seek to withhold payment or avoid its obligations in respect to
payment of any balance payable to Revolution Print.
(e) If the Customer’s is a company, each director of the company must execute a guarantee and indemnity (in the form
required by Revolution Print), as security for the Customer’s obligations and payments to Revolution Print.
(f) (f) If required the Customer must immediately procure and deliver executed Guarantees to Revolution Print.
Terms and Conditions
12. Warranties and Undertakings
The warranties and undertakings which apply to the Goods and/or services supplied by Revolution Print to the
Customer, are those applied by the ACL, as amended and in force from time to time. All other warranties and
undertakings are expressly excluded.
13. Risk
(a) The Goods are at the risk of Revolution Print until delivered to the Customer, or collected by the Customer.
(b) Revolution Print shall have no liability for any loss or damage to the Goods when in transit.
14. Liability
(a) To the extent permitted by the ACL, Revolution Print’s liability for breach of a condition or warranty implied by
the Act is limited to:
(I) The replacement of the Goods, or supply of equivalent Goods;
(II) The reprint of the Goods;
(III) The payment of the cost of replacing the Goods or of acquiring equivalent Goods;
(IV) The payment of the cost of having the Goods reprinted; or
(b) Revolution Print will not be liable to the Customer for loss of any data stored on disks, tapes, compact disks or
other media which are supplied by the Customer to assist in the completion of the Customer’s order.
(c) Force Majeure. Revolution Print will have no liability to the Customers for any loss, damage or expenses
suffered, or incurred resulting from circumstances Beyond Revolution Print’s control, such as but not limited
to, insurrection, fires, floods, strikes, lockouts, delays in delivery of materials to Revolution Print, breakdown in
machinery, inability or failure of Revolution Print to supply necessary materials, or prohibitions, or other action
by any government, or government authority, or embargoes.
15. Delivery
(a) Revolution Print will be deemed to have delivered the Goods at the earliest of the following:
(I) when delivered into the possession of the Customer or an individual or carrier engaged by the Customer; or
(II) when delivered into the possession of a carrier, engaged by Revolution Print to deliver the Goods to the
Customer.
(b) Revolution Print shall not be liable for any late delivery or nondelivery,
and under no circumstances shall
Revolution Print be liable for any loss, damage or delay occasioned to the Customer because of late or nondelivery
of the Goods.
(c) If Revolution Print agrees to deliver the Goods to a place other than the Customer’s specified address or
business premises then:
(I) The Revolution Print may change an additional fee to the Customer, in circumstances where there are
access difficulties, or poor delivery instructions/directions provided by the Customer, result in delivery
exceeding the standard time; and
(II) If Revolution Print, or such other carrier are unable to deliver the Goods to the Customer, due access
difficulties of the Customer’s nominated delivery address, or due poor instructions, Revolution Print may
charge the Customer an additional delivery fee.
16. Acceptance
(a) The Customer shall be deemed to have accepted the Goods immediately on delivery.
(b) Upon accepting the Goods, the Customer waives the right to make any claim against Revolution Print, unless
the Goods are defective and the Customer notifies Revolution Print of the defect in writing within seven (7)
days the Delivery Date.
(c) If the Customer fails to give notice of any defect to Revolution Print in accordance with clause 16(b), then
subject to any nonexcludable
condition implied by law, the Goods shall be deemed to have been accepted by
the Customer.
(d) Revolution Print is not however obliged to accept the return of the Goods, unless Revolution Print determines
that the Goods are defective.
17. Cancellation
Revolution Print may at its sole discretion, accept cancellation of an order of Goods, provided that:
I. the request for cancellation is made in writing at least seven (7) days prior to the quoted delivery date;
II. the Customer agrees to pay a cancellation fee as determined by Revolution Print, provided that Revolution
Print notifies the Customer of the cancellation fee within sixty (60) days of receipt of the written request for
cancellation; and
III. the Customer pays for any completed order(s) and/or the portion of work in progress already completed,
which will be invoiced to the Customer in addition to the cancellation fee.
18. Title
(a) Title in the Goods remains with Revolution Print until the Customer has paid all outstanding invoices.
(b) If the Customer has not paid all outstanding invoices issued by Revolution Print, then Revolution Print may
direct the Customer to return the Goods.
(c) If the Customer fails to make payment before the delivery of Goods, then Revolution Print may retain the
Goods, until such payment is made.
19. Security Interest
(a) In this clause, the terms which are defined in the PPSA have the meaning given to them in the PPSA.
(b) The Customer agrees to grant the Revolution Print a security interest.
(c) If the Customer fails to make payment before the delivery of Goods, then Revolution Print may retain the
Goods, until such payment is made.
(d) The Customer waives their right to receive a verification statement under the PPSA, but must be provided with
confirmation of discharge of any registered securities, once payment(s) of any outstanding invoice(s) are
made, or the line of credit is finalised and any invoice(s) accrued under that line of credit are paid in full.
20. Copyright
(a) Copyright in all artistic works produced by Revolution Print remains the intellectual property of Revolution Print,
unless there is specific agreement made between the Customer and Revolution Print prior to the creation of
any such order.
(b) The Customer indemnifies, and agrees to continually indemnify, Revolution Print against all liability, losses or
expenses incurred by Revolution Print in any way directly or indirectly connected with any breach of copyright
on materials supplied by the Customer.
(c) The Customer is hereby granted a nonexclusive
license to use the copyright works created by Revolution
Print for the purposes of the Order, however such license is conditional upon Revolution Print having received
all monies due to Revolution Print under these Terms and Conditions.
21. Confidentiality
The Customer and Revolution Print must keep confidential, and not use any ideas, systems or processes
communicated or made available to one another, without the other party’s prior written consent.
22. Electronic Media
(a) All Disks, tapes, compact disks or other media (other than the media supplied by the Customer), used by
Revolution Print to store data, for the purposes of completing the Order, remain the property of Revolution
Print. The Customer cannot require Revolution Print to supply to the Customer any data so stored. In the event
that Revolution Print does supply data so stored or created, Revolution Print may charge the Customer for
supplying such data.
(b) Revolution Print will not be held responsible for storing any data on disks, tapes, compact disks or other media
once the order has been completed. If Revolution Print agrees to store such data, for the supposes of
completing the Customer’s order or future orders, Revolution Print may charge to do so.
23. Variation
Revolution Print may vary these Terms & Conditions at any time, by notice in writing to the Customer.