1.1      Subject to paragraphs 1.2, 2, 3 and 4, all prices quoted are based on  work specified in the quote (or the verbal instructions given at time of order). Quotes are valid for a period of 30 days from their date. Quotes will be deemed accepted upon the Customer making an Order

1.2      Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and are subject to amendment by Snap Printing before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order, provided there is no unreasonable delay on the part of Snap Printing.

2.        Customers Instructions

2.1      Snap shall only be required to fulfil the instructions specified in the quote. The customer is responsible to provide written instructions at the time of quotation. Snap Printing shall not be responsible for errors or omissions due to misinterpretation of verbal instructions.

2.2      The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).

3.        Expedited Delivery

3.1      Customer acknowledges that a requirement for urgent delivery increases the likelihood of defects. Snap printing will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent delivery.

3.2      The price will be increased to cover  overtime work or other additional costs incurred as a result of any requirement for urgent delivery.

4.        Outside Work

4.1      If Snap Printing has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Snap Printing from a third party in order to carry out the customer’s instructions:

a)        Snap Printing acquires these goods and/or services as agent for the customer and not as principal. It 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 supplier.

b)        The customer must pay for such goods and/or services.

c)        Any such goods are obtained on the basis that title in those goods passes to Snap Printing when the goods are incorporated into the work done by Snap Printing.

5.        Suspension of Work

5.1      The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, entitles Snap Printing to payment in full for the  work completed up to the suspension date.

6.        Cancelled Orders

6.1      Orders cannot be cancelled except upon terms, which compensate Snap Printing for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.

7.        Payment

7.1      Once the work is completed Snap Printing will invoice the customer for the quoted price plus any additional charges referred to above.

7.2      All Invoices shall be paid COD unless prior arrangements are agreed with Snap Printing. Any credit arrangements will require an Account Application form to be completed and approved by Snap Printing.

7.3      Snap Printing will use its best endeavours to deliver the correct quantity ordered however quantities will at all time be considered estimates only and are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.

7.4      Snap Printing may at its option charge interest (at the rate of the Commonwealth Bank of Australia on overdrafts not exceeding $100,000 plus 3%) on amounts not paid when due, such interest is to be calculated on a daily basis from the date any such amount should have been paid until the date of payment as a genuine assessment of the damages which Snap Printing will suffer

7.5      If the customer fails to pay when due, Snap Printing may contract with third parties to recover such payment, Snap Printing will be entitled to recover costs paid to such third party in addition to any other monies payable under these terms.

8.        Warranties and Conditions

8.1      Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Snap Printing are expressly excluded (unless such warranties cannot at law be excluded).

9.        Risk

9.1      The goods are at the risk of Snap Printing until delivered to the customer by Snap Printing at its premises.

9.2      Snap Printing shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.

10.      Liability

10.1   To the fullest extent permitted by law, except as provided herein, Snap Printing shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or arising out of Snap Printing’s negligence, or in any way whatsoever.

10.2   Snap Printing’s acknowledges liability for implied warranties under Trade Practices Act 1974, (the Act) provided that  liability for a breach of a condition or warranty implied by Division 2 of Part V of the Act (other than section 69) is hereby limited to:

1.        In the case of goods, any one or more of the following:

a)        The replacement of the goods or the supply of equivalent goods;

b)        The repair of the goods;

c)        The payment of the cost of replacing the goods or of acquiring equivalent goods;

d)        The payment of the cost of having the goods repaired; or

2.        In the case of services:

a)        The supplying of the services again; or

b)        The payment of the cost of having the services supplied again.

10.3   Snap Printing will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Snap Printing or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Snap Printing to exercise due care and skill in handling or storing such property .

10.4   Force Majeure. Snap Printing will not be liable for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond Snap Printing’s reasonable control, including and without limiting the generality of the foregoing by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.

10.5   Delivery. The delivery terms are estimates only.  Snap Printing will not be liable for any loss, damage or delay suffered by the customer because of late or non-delivery of goods or services.

11.      Claims

11.1   The customer must inspect goods or services supplied by Snap Printing within 14 days from delivery. Any claims against Snap Printing must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.

12.      Non Payment

12.1   Until the customer has paid all sums outstanding for the goods supplied, title to the goods shall not pass from Snap Printing to the customer.

12.2    If the customer has not paid all sums outstanding in relation to the goods, the customer must forthwith return the goods to Snap Printing if so directed by Snap Printing.

13.      Copyright

13.1   Copyright in all artistic and literary works authored by Snap Printing shall remain the property of Snap Printing unless there is a written agreement to the contrary.

13.2   The customer warrants to Snap Printing, that the customer has copyright in or a licence to authorise Snap Printing to reproduce all artistic and literary works supplied by the customer to Snap Printing for the purpose of the Order. The Customer expressly authorises Snap Printing to reproduce all and any of such works for the purposes of the Order.

13.3   The Customer indemnifies and agrees to keep Snap Printing indemnified against all liability, losses or expenses incurred by Snap Printing in any way directly or indirectly connected with any breach of copyright in materials supplied by the customer.

13.4   Conditional upon receipt of payment in full for the work performed by Snap Printing, Snap Printing grants to the customer a non-exclusive license to use the copyright in works created by Snap Printing for the purposes of the Order.

14.      Confidentiality

14.1   The customer must keep confidential and must not (without Snap Printing’s written consent) use any ideas, systems or processes communicated or made available by Snap Printing to the customer.

15.      Electronic Media

15.1   All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Snap Printing to store data for the purposes of completing the Order are the property of Snap Printing. The customer cannot require Snap Printing to supply to the customer any such data. Snap Printing may charge the customer for supplying such data where it chooses to supply such data to the customer.

15.2   Snap Printing will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Snap Printing agrees to store such data, Snap Printing may charge the customer to do so.

16.    Goods and Services Tax

16.1 The customer will be liable for any goods and services tax payable on  the supply of goods and/or services by Snap Printing to the customer.

17.    Snap Franchising Ltd not party and not liable

17.1 The customer acknowledges that Snap Franchising Limited is not a party to this agreement and will not be liable in any manner.