DiskBank Terms & Conditions
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 placing 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 DiskBank 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 DiskBank.
2. Customers Instructions
2.1 DiskBank 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. DiskBank 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. DiskBank 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 DiskBank has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by DiskBank from a third party in order to carry out the customer’s instructions:
a) DiskBank 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 DiskBank when the goods are incorporated into the work done by DiskBank.
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 DiskBank 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 DiskBank for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7.1 Once the work is completed DiskBank 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 DiskBank. Any credit arrangements will require an Account Application form to be completed and approved by DiskBank.
7.3 DiskBank 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 DiskBank 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 DiskBank will suffer
7.5 If the customer fails to pay when due, DiskBank may contract with third parties, including the lawyers, to recover such payment, DiskBank will be entitled to recover costs paid to such third party in addition to any other monies payable under these terms.
8. Manufacturing Variance
8.1 Orders of all Digital Media including CD, DVD, Blu-Ray, USB and paper component (if applicable) for DiskBank on receipt of or in accordance with written purchase orders from DiskBank are subject to a Manufacturing variation of plus or minus 5% of the ordered quantity. This variation will be invoiced and payable by the customer. Where paper parts are customer supplied, it is the customer’s responsibility to ensure all components are to DiskBank specifications, within turnaround timeframes and sufficient quantities to allow for production tolerances.
9. Warranties and Conditions
9.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by DiskBank are expressly excluded (unless such warranties cannot at law be excluded).
10.1 To the fullest extent permitted by law, except as provided herein, DiskBank 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 DiskBank’s negligence, or in any way whatsoever.
10.2 DiskBank 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 DiskBank 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 DiskBank 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 DiskBank to exercise due care and skill in handling or storing such property .
10.4 Force Majeure. DiskBank 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 DiskBank’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. DiskBank will not be liable for any loss, damage or delay suffered by the customer because of late or non-delivery of goods or services.
11.1 The goods are at the risk of DiskBank until delivered to the customer by DiskBank at its premises.
11.2 DiskBank shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
12.1 The customer must inspect goods or services supplied by DiskBank within 14 days from delivery. Any claims against DiskBank must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
13. Non Payment
13.1 Until the customer has paid all sums outstanding for the goods supplied, title to the goods shall not pass from DiskBank to the customer.
13.2 If the customer has not paid all sums outstanding in relation to the goods, the customer must forthwith return the goods to DiskBank if so directed by DiskBank.
14.1 Copyright in all artistic and literary works authored by DiskBank shall remain the property of DiskBank unless there is a written agreement to the contrary.
14.2 The customer warrants to DiskBank, that the customer has copyright in or a licence to authorise DiskBank to reproduce all artistic and literary works supplied by the customer to DiskBank for the purpose of the Order. The Customer expressly authorises DiskBank to reproduce all and any of such works for the purposes of the Order.
14.3 The Customer indemnifies and agrees to keep DiskBank indemnified against all liability, losses or expenses incurred by DiskBank in any way directly or indirectly connected with any breach of copyright in materials supplied by the customer.
14.4 Conditional upon receipt of payment in full for the work performed by DiskBank, DiskBank grants to the customer a non-exclusive license to use the copyright in works created by DiskBank for the purposes of the Order.
15.1 The customer must keep confidential and must not (without DiskBank’s written consent) use any ideas, systems or processes communicated or made available by DiskBank to the customer.
16. Electronic Media
16.1 All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by DiskBank to store data for the purposes of completing the Order are the property of DiskBank. The customer cannot require DiskBank to supply to the customer any such data. DiskBank may charge the customer for supplying such data where it chooses to supply such data to the customer.
16.2 DiskBank will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If DiskBank agrees to store such data, DiskBank may charge the customer to do so.
17 Goods and Services Tax
17.1 The customer will be liable for any goods and services tax payable on the supply of goods and/or services by DiskBank to the customer.