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Terms and Conditions

Terms and Conditions

1. INTRODUCTION

1.1      Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between Escudo Visual Branding Solutions Pty Ltd (ESCUDO) and the customer, which may be updated by ESCUDO from time to time without notice to the customer.

1.2      Interpretation
In these Terms and Conditions:

  • Business Day refers to a day on which banks are open for general banking in the State or Territory in which the production premises are located;
  • ESCUDO refers to Escudo Visual Branding Solutions Pty Ltd ABN 46 605 694 504 including its servants and agents;
  • Customer refers to person, persons’ firm, corporation, or statutory organization to which the correspondence is addressed;
  • Estimate refers to the approximation underlined in sub clause 2.1 (b) (as amended in accordance with clause 2.4);
  • Goods refer to the final products produced by ESCUDO and the printer at the completion of the order; GST refers to a New Tax System (Goods and Services Tax) Act, 1999;
  • Interest Rate refers to the total of two per cent (2%) and the rate Bank of Melbourne levies from time to time on Overdraft Accounts exceeding One Hundred Thousand Dollars;
  • Order refers to the work required to be done in order to fulfill the customer’s instructions;
  • Quote refers to ‘Online Live Quote’ described in clause 2.1; Cut-off time refers to the time of daily confirmation gateway; confirmation after the cut off time is processed the following business day accordingly;
  • AEST means Australian Eastern Standard Time;
  • Schedule refers to the time frame required before and after payment confirmation until the goods are ready for delivery.

1.3      General
In these Terms and Conditions, unless the context otherwise requires:

a) A reference to a clause is a direct reference to a section in these Terms and Conditions unless specified;
b) A reference to a party or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
c) Where an expression is defined, another part of speech or grammatical form of the expression has corresponding meaning;
d) A reference to a period of time (including without limitation, a year, a quarter, a month and a day) is to a calendar period;

1.4      Heading
In these Terms and Conditions the headings are for convenient references only and do not influence any interpretation.

1.5      Business Day
If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:

a) If it involves a payment other than a payment which is due on demand, must be done on the preceding business day; and
b) In all other cases, may be done on the next business day.

1.6      Daily Cut-off times
If the customer cannot fulfill requirements prior to the cut off times, the order will be treated as next business day’s order:

a) Order confirmation time (including artwork submission) – 14:00 (AEST)
b) Artwork confirmation time – 16:00 (AEST)
c) Payment confirmation time – 16:00 (AEST)
d) Online order confirmation time (including order, artwork and payment submit) – 15:00 (AEST)

All confirmations including quotation, order and artwork confirmations must be submitted in writing (e-mail); ESCUDO will not accept any verbal confirmations.

1.7      Schedule
a) A schedule including production days, target dispatch date and target arrival date is included in the quotation or in shopping cart. This is only an indication of our targeted schedule, not to be used as ESCUDO’s guarantee or promised turnaround time or schedule
b) Our standard turnaround time is between 6-14 business days from artwork approval date until the goods are ready for dispatch, depending on the product or service required. Turnaround time may vary depending on the quantity and size of the order and/or number of artworks supplied

1.8      Standard Fees
Standard charges include artwork handling fee, handling/packing fee and different destination delivery fee per order. These charges will be clearly shown in the quotation/tax invoice.

1.9      Promo Code
If customer wishes to be entitled to ESCUDO’s promotions and specials, customer has to quote the Promo Code prior to placing the order. ESCUDO protects the right to offer promotional offers or specials if promo code is provided after artwork has been confirmed.

2. QUOTES/ TAX INVOICES

2.1      Quotes

  1. ESCUDO to supply quotes, ESCUDO may, if requested by the customer, give the customer a quote specifying:
    1. The work required to be done in order to fulfill the customer’s instructions; and
    2. An estimate of the charge for the performance of such work.
  2. Acceptance by customer where ESCUDO has given the customer a quote:
    1. ESCUDO will not commence work until the quote has been accepted by the customer
    2. The customer may accept the quote by instructing in writing to commence work
  • Acceptance by the customer of the quote will constitute acceptance by the customer of these Terms and Conditions
  1. Quote evidence of instructions

If a written quote is accepted by the customer, the work that is subject of the quote shall be carried out and the customer shall pay for the work in accordance within the Terms and Conditions.

  1. Validation of Quote All quotations will be valid for a maximum of 14 business days. Only ESCUDO formal written quote will be accepted as the quotation price.

2.2     Tax Invoices

  1. ESCUDO to supply tax invoice

After artwork and payment confirmation, ESCUDO will provide a tax invoice specifying:

  1. Customer has confirmed the artwork proof supplied by ESCUDO;
  2. The work required to be done in order to fulfill the customer’s instructions; and
  • A final charge for the performance of such work
  1. Paid invoice ESCUDO can provide paid tax invoice

2.3      ESCUDO may revise Estimate

ESCUDO may amend the Estimate before the order has been completed to take into account any rise or fall in the cost of performing the order and ESCUDO shall notify the customer of such amendments, as soon as possible. Once ESCUDO has provided notice to customer of such amendment/s, the approximation shall be deemed as the estimate for the purposes of these Terms and Conditions.

2.4      Errors and omissions

It is the customer’s responsibility to ensure that the details on the quotes/ tax invoices are correct; ESCUDO will not take any responsibility for whichever inaccuracy in the order.

3. CHARGES

3.1      Invoice

Subject to clause 5.3 when the artwork has been confirmed, ESCUDO will issue an invoice for the amount of the estimate or, if no estimate was made, for an amount representing ESCUDO’s charge for the work done in filling the order, and for any of the other charges specified in clause 3.2

3.2      Additional Charges

In addition to the amount of the estimate, or where no estimate was given, in addition to the amount representing ESCUDO’s charge of work done, ESCUDO may charge to the customer; minimum (or above) $50+GST (ESCUDO standard administration fee):

  1. Fees for any preliminary work performed at the customer’s request;
  2. Fees for additional work required to be done as a result of the customer changing instructions;
  3. Fees for having to work with low resolution artwork;
  4. Fees for work which involves tables or foreign language without any notification prior to the preparation of the quotation;
  5. Fees for additional work required to be done as a result of customer’s corrections;
  6. Fees and other charges for work required to be done urgently, including any overtime costs;
  7. Fees for handling or storing material or equipment supplied by the customer for the purpose of the order;
  8. Fees for changing or correcting, in order to ensure that the goods are properly produced, any artwork or document including computer files supplied for the purposes of the order by the customer.
  9. Additional Freight costs and charges;
  10. Fees for awaiting/redirection/redelivery;
  11. Other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.

3.3     For the purpose of these Terms and Conditions:

  1. The term “ESCUDO’s charge” refers in each case to the standard or usual fee charged by ESCUDO from time to time in respect of order;
  2. “Preliminary work” means all administrative work performed by ESCUDO at customers request, the performance of work which is required to commence the order within reasonable examination by ESCUDO prior to the provision of the estimate
  3. “Additional work” includes all work undertaken by ESCUDO as a consequence of customer requested variation, alteration or modification in relation to the order; and
  4. “Freight cost and charge” includes all costs and expenses incurred by ESCUDO to dispatch the goods from its premises for delivery to the customer.
  5. “ESCUDO Standard Administration fee” covers ANY additional administrative work required to be performed by ESCUDO after a job has been approved for production work including approval for graphic design.

4. DELIVERY

4.1      Notification

ESCUDO shall notify the customer when the goods are being dispatched.

4.2      Delivery

  1. Customer must ensure someone is available to receive the goods between 9am – 5pm of the target delivery date on the tax invoice. If unattended, extra fee will apply for any re-delivery/re-direction/awaiting fee. If additional delivery takes place such as re-direction, the customer must bear all extra costs.
  2. The target date on the invoice and online is only an estimated delivery date of the goods. ESCUDO will not be responsible for any amendments caused by the courier company or effected in transit.

4.3      Rejection
Subject to clause 7.1 the customer may only reject the goods if they do not comply with the instructions. If the customer wishes to reject the goods, the customer must notify ESCUDO of the rejection in writing and return the goods only after official consent.

4.4      Risk

  1. The risk for the goods passes to the customer:
  2. ESCUDO agrees to delivers the goods to the customer’s premises – at the time of departure from ESCUDO premises;

If the customer is entitled to reject the goods in accordance with these Terms and Conditions, risk reverts to ESCUDO at the time the customer notifies the ESCUDO, that the goods are rejected.

5. PAYMENT

5.1      Types of Payments Terms

ESCUDO offers two types of payments:

  1. Prepaid via credit card – The order will not be processed until the customer pays the total amount stated on the invoice;
  2. 30 Days Account (customer must meet ESCUDO’s requirements) – The customer must make full payment within 30 days from the date of receipt stated on the invoice;
  3. If the invoice specifies a different payment period then the customer shall pay the amount stated on the invoice by the target date.

5.2      Payment method

ESCUDO accepts credit cards or Paypal:

  1. Payment via credit card – ESCUDO accepts Master or Visa card with no surcharge. Credit card details including card number, expiry and card holder’s signature will be required to be keyed into website via an external third party portal which is protected by the highest level of encryption available.
  2. Payment via Paypal – No transaction fee or surcharge will be charged. Payment gateway will be transferred to Paypal portal that is protected by the highest level of encryption available.

Payment terms have been indicated where “Account Terms” are specified on the tax invoice. If it specifies “Prepaid” then full payment must be made. If it specifies “30 Days Account” then ESCUDO will process the order to production directly, if the account total outstanding does not exceed the credit limit of customer account. In a case of account total outstanding exceeds customer’s credit limit, ESCUDO will either contact customer to request payment or ESCUDO’s finance department will approve the job to supply on credit as an exception.

5.3     Differences

There may be price differences between quotation and tax invoice due to last minute amendments requested by the customer, ESCUDO will treat the charges on the tax invoice as final invoice amount.

5.4      Payment Delay

  1. If the customer cannot fulfill the payment timeframe on the invoice, then:
  2. The goods may not be allowed for dispatch; or
  3. The schedule may be amended by ESCUDO and/or additional charges may apply; or
  • The customers ESCUDO account may be suspended
  1. An updated production schedule will be emailed to customer once the payment has been confirmed
  2. ESCUDO will not be responsible for any delays if the payment details have not be provided or forwarded to the required personnel’s stated in clause 5.2

5.5     Interest

ESCUDO may charge interest, at the interest rate on amounts not paid within the time specified in clause 5.1

5.6     Advance and progress payments

  1. ESCUDO orders are predominantly prepaid and require paying in full prior to production. Except for credit account customers which require an application for entitlement
  2. ESCUDO may issue one or more invoices for amendments to be paid in advance of any further work being done
  3. If the order is suspended for more than 30 days at the request of the customer, or as a result of something for which the customer is responsible for, ESCUDO may issue an invoice for an amount to be specified by ESCUDO for the work already done and for other costs incurred by ESCUDO

6. NON-PAYMENT

6.1      Retention of Ownership

Until the customer has paid all sums outstanding in relation to the goods:

  1. Title of the goods shall not be passed on to the customer
  2. If the goods are in the customer’s possession, the customer shall hold the goods as trustee for ESCUDO and must store the goods so that they are clearly identifiable as the property of ESCUDO.
  3. ESCUDO may call for and recover possession of the goods (for which purpose ESCUDO’s employees or agents may enter the customer’s premises and take possession of the goods, without liability to the customer) and the customer must deliver the goods to ESCUDO, if so directed by ESCUDO.
  4. The customer may, in the ordinary course of the customer’s business, sell the goods to a third party but:
  5. The proceeds of sale to the third party shall be held by the customer as trustee for ESCUDO and the customer account to ESCUDO for those sums and if those sums are insufficient to cover the outstanding amounts then the customer shall remain liable, and
  6. If ESCUDO requires, the customer shall assign to ESCUDO the customer’s claim against the third party and shall execute all documents necessary to effect that assignment

6.2      General Lien

ESCUDO shall in respect of all sums owned by the customer to ESCUDO hereunder have a general lien on all property of the customer in ESCUDO’s possession and may after 14 days’ notice to the customer sell that property and apply the proceeds (net of any sales costs) in satisfaction of all or any part of the sums owed. In the event that any of the customer’s property held by ESCUDO as aforesaid enjoys copyright protection in favor of the customer, the customer hereby grants to ESCUDO a license to exercise the rights conferred on ESCUDO under this clause.

7. LIABILITY

7.1      Artwork/ Design Proofs

If ESCUDO submits artwork/design proof to the customer for the goods:

  1. ESCUDO will not be responsible for any discrepancies in original artwork after the artwork has been approved
  2. ESCUDO will not be liable for any incorrect artwork provided by the customer
  3. Any changes after artwork and payment confirmation will incur ESCUDO standard administration fee

7.2      Liability of Goods

Customer will become the owner of the goods after the goods have been delivered or picked up. After the goods are in possession, the customer will be responsible for insurance as the goods will be held at the customer’s risk and ESCUDO will not be liable for any loss or damage

7.3      Non-excludable Rights

The parties acknowledge that under applicable State and Commonwealth Laws, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred in relation to the provision of the goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”)

7.4      Disclaimer of Liability

ESCUDO disclaims all conditions, warranties expressed or implied, rights and remedies conferred from customer, by statute the Common Law Equity Trade Custom or usage to otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable rights. To the extent permitted by law, the liability of ESCUDO for breach of a non-excludable right is limited, at ESCUDO’s option to the supplying of the goods and or any services again or payment of the cost of having the goods and or any services supplied again.

7.5      Indirect Losses

Any other provision of these Terms and Conditions, ESCUDO in no circumstance (whatever the cause) will be liable in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:

  1. Increased costs or expenses;
  2. Any loss of profit, revenue, business, contracts or anticipated savings;
  3. Any loss or expense resulting from a claim by a third party or;
  4. Any special, indirect or consequential loss or damage of any nature whatsoever, caused by ESCUDO’s failure in completing the order or to deliver the goods.

7.6      Electronic Data

Without limiting the generality of the foregoing clauses, ESCUDO will not be liable for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to ESCUDO.

7.7      Customer’s Property

Subject to clause 7.5 ESCUDO will not be liable for damage, loss or destruction of any property of the customer in ESCUDO’s possession, unless the loss or damage is due to ESCUDO’s failure to exercise in due care and skill, in handling or storing the property.

7.8      Force Majeure

ESCUDO will have no liability to the customer in relation to any loss, damage or expense caused by ESCUDO’s failure to complete the order or to deliver the goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the printer’s normal suppliers to supply necessary materials or any other matter beyond the printer’s control.

8. Design

8.1      Alterations to style

Prior to quote preparation, if the customer does not provide specific instructions in relation to style, type or layout:

  1. ESCUDO may use any style, type and layout which in ESCUDO’s opinion, is appropriate and;
  2. ESCUDO may charge an additional amount for any added work required to be done

8.2      Ancillary materials

Unless ESCUDO and the customer agree otherwise, drawings, sketches, painting, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by ESCUDO in the course of, or in preparation for performing the order (whenever or not in fact used for the purpose of performing the order) are the property of ESCUDO.

8.3      Charge

  1. Fees quoted for professional services do not include purchase of photos, printing, colour-matching, shipping and handling or courier service. Expenses are itemised on each invoice.
  2. If customer requires artwork on CD, ESCUDO standard administration fee applies plus courier/ delivery costs will be payable by customer.

8.4      Copyright

  1. According to the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of ESCUDO till such an agreement is in place. As part of ESCUDO‘s Terms of Business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work.
  2. ESCUDO reserves the right to use all artwork produced for the purpose of promoting ESCUDO in print, publication or website, unless explicitly denied to do so by client in writing.
  3. Copyright in all artistic and literary works authored by ESCUDO shall be the property of ESCUDO
  4. Warrants that the customer has copyright in or a license to authorize ESCUDO to reproduce, all artistic and literary works supplied by the customer to ESCUDO for the purpose of the order and the customer hereby authorises ESCUDO to reproduce all and any of such works for the purpose aforesaid;
  5. Hereby indemnifies and agrees to keep insured ESCUDO against all liability, losses or expenses incurred by ESCUDO in relation to or in any way directly or indirectly connected with any breach if copyright or of any right in relation to copyright in such literary and artistic works supplied as aforesaid, and;
  6. The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by ESCUDO for the purpose of the order, however the exercise of such license shall be conditional upon ESCUDO having received all monies due to ESCUDO under these Terms and Conditions.
  7. Artwork, images and copy supplied by the customer, will be the customer’s own responsibility. ESCUDO will take no responsibility for copyright issues regarding such artwork, images and copy. The customer is responsible for all trademarks, service mark, and copyright.

8.5      Graphic Design Process

To commence the design process, customer will be required to return the graphic design request form via email or fax to ESCUDO.

  1. The designer will only proceed upon receipt of signed approval of the quotation and approval of graphic design agreement
  2. Full payment is required after artwork proof is confirmed by customer
  3. It is the customer’s responsibility to check artwork proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. The designer is not liable for errors and omissions
  4. Assuming all aspects of the customer’s brief are met; the customer is permitted to make three additional changes, free of charge. Anything after this may incur an additional fee per change (please note that if the changes differ greatly from the original request, a new design fee may be issued instead, based on the complexity and time it will take to complete). All additional changes requested after artwork confirmation may incur the ESCUDO Standard Administration fee and additional design fees. A new quote and updated target date will be submitted to the customer outlining the additional changes

8.6      Errors and omissions

It is the customer’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. ESCUDO will not be liable for any errors and/or omissions after the artwork has been confirmed.

8.7      Amendment

All amendments must be confirmed via email, ESCUDO will not accept any amendments verbally.

8.8      Confirmation

Orders will only be processed after the artwork and payment has been confirmed. Artworks must be confirmed in writing via email. Production schedule will be based on the artwork/payment confirmation date. Confirmation of artwork constitutes confirmation of all job specifications, quantities, sizes, colours and any other details of the order. Any alterations or amendments requested after artwork confirmation may be refused by ESCUDO or be subject to ESCUDO standard administration fee

8.9      Additional editing and changes

  1. Assuming all aspects of the customer’s brief are met, the client is permitted to make 3 additional minor changes free of charge. Anything after this may incur additional fee/s.
  2. If the changes differ greatly from the original request, a new design fee may be issued instead, based on the complexity and time it will take to complete.
  3. All additional editing and changes requested after artwork confirmation, ESCUDO standard administration fee and extra design fees may apply, plus a new quote and amended schedule submitted to the customer for the additional changes.

8.10    Cancellation

If the customer wishes to cancel the job:

  1. Any changes after artwork and payment confirmation will incur ESCUDO standard administration fee
  2. After design agreement is signed off – 80% of full design fee must be paid
  3. After design proof is sent – Full design fee must be paid

8.11    Ideas

The customer must not share ideas communicated by ESCUDO without ESCUDO’s written consent. Ideas must remain confidential at all times.

9. WARRANTY CLAIM

9.1      Claim period

  1. Any disputes and or claims must be submitted to ESCUDO within 7 (seven) business days from the date of receipt. Claims submitted after 7 (seven) business days, ESCUDO has the right to refuse the claim
  2. Any warranty claim must be submitted in writing to ESCUDO. Claims not supported by photographs that clearly show the product, where and how it was installed; ESCUDO may not be able to accept the claim
  3. Evidence of all components regarding warranty claim to be provided, partial evidence will only facilitate partial warranty
  4. If any of the products are delivered damaged or defective, then ESCUDO shall not have any liability, unless the customer notifies ESCUDO in writing via email within 7 (seven) business days from the date of delivery
  5. ESCUDO will not take any responsibility for work done by third party(s). After installation done by third party(s), ESCUDO may not be able to accept claims for the goods
  6. ESCUDO will not warranty any materials used or installed that do not meet recommended usage guidelines. ESCUDO will not accept liability for failure of products where a full site inspection has not been performed and broad descriptions of requirements were provided by the client.
  7. ESCUDO shall not be liable in respect of any claim, unless the aforementioned requirements have been complied with, except in any particular case where the customer proves that
  8. it was not possible to comply with the requirements and
  9. Advice (where required) was given and the claim was made as soon as reasonably possible.

9.2      Colour Variation

ESCUDO makes every effort to display as accurately as possible.

  1. ESCUDO will not take any responsibility on colour discrepancies between artwork supplied and the actual printed order, if the customer does not request and pay for the colour matching service and/or test prints
  2. ESCUDO will not take any responsibility on colour discrepancies for artworks done on different materials, different goods, different time frames

10. WEBSITE

The “website” refers to www.ericbanners.com.au.

10.1    Information

The website is updated regularly but information can change quickly and no member of ESCUDO guarantees its accuracy at any time. ESCUDO will not be liable for any loss of information incurred from the website, including data corruption from downloads. Information on the website is not financial advice – customer should obtain advice before making any decisions based on the information found on the website

10.2    Pricing
ESCUDO have detailed a range of products and prices on the website. Although the prices are correct at the time of printing, they are indicative only, as prices and stock may vary from time to time. ESCUDO advises customers to contact ESCUDO’s Leichardt Sales Office or Melbourne Sales Office for further information about prices and product availability.

10.3   Liability

  1. ESCUDO does not take responsibility for other websites, whether or not linked, or any devices used to access or view the website
  2. ESCUDO does not accept any responsibility for price variations or errors, availability or quality of products. No responsibility is accepted by ESCUDO for the accuracy of any statement or advice contained in the text or advertisements or the accuracy of any prices quoted.
  3. ESCUDO website has been prepared under Australian law. Nothing it states constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.

10.4    Account

By accessing the website, the customer is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and the customer agrees to accept responsibility for all activities that occur under their account or password. ESCUDO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

10.5   Copyright & Intellectual Property

All subjects included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property or intellectual property of ESCUDO or its content suppliers; and protected by Australian and International Copyright and intellectual property laws

10.6   Privacy Policy

Registration Data and certain other information about customer are subject to ESCUDO’s privacy policy. Customer understand that through customer use of the Service, customer consents to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Australia and/or other countries for storage, processing and use by ESCUDO and its affiliates.

11. GENERAL MATTERS

11.1    Outside work

If ESCUDO has to obtain goods (including typefaces, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by ESCUDO but obtained from a third party in order to carry out the customer’s instructions.

  1. ESCUDO will not be liable for any breach of these Terms and Conditions if that breach is a result of, or is connected with the supply of, by the third party of such goods and/or services.
  2. ESCUDO acquired such goods and/ or services as the 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 supply of those goods and/ or services must be made directly against the third party
  3. The customer must pay for such goods and or services
  4. Property in any such goods obtained from a third party and incorporated into the goods passes to ESCUDO at the time of incorporation.

11.2    Material supplied by customer

If ESCUDO and the customer agree, the customer is responsible for supplying materials or equipment for the purpose of the order:

  1. ESCUDO will not normally count or check the material and if requested by the customer to do so may charge for counting or checking
  2. ESCUDO will not be responsible for any defects in the goods which are caused by defects in or the unsuitability of materials or equipment supplied by customer.
  3. Property in any materials supplied by the customer an incorporated into the goods passes to ESCUDO at the time of incorporation

11.3   Property left with ESCUDO

If the customer leaves property in ESCUDO’s possession without specific instructions as to what is to be done with it, ESCUDO may, 3 (three) months after gaining possession of the property, dispose of/or sell the property and retain any proceeds of sale as compensation for holding and handling the property.

11.4    Responsibility to insure

ESCUDO has no obligation to insure any property of the customer in ESCUDO’s possession. The customer must pay the cost of any insurance arranged by ESCUDO at the request of the customer.

11.5   Electronic/ magnetic media

All disks, tapes, compact disks or other media (other than media supplies by the customer) used by ESCUDO to store data for the purpose of completing the order are property of ESCUDO. All artworks will be archived for 1 year from the date of receipt. ESCUDO standard administration fee may apply for retrievals more than two years. ESCUDO will not keep any hard copies, but only digital copies.

11.6   Storage of electronic data

ESCUDO will store artwork used for projects for 12 months where the customer may log in and access pervious printed jobs. This will be held for 12 months and then archived. The customer should not assume that ESCUDO will maintain the only working copy of their artwork or designs, additional measures should be taken by the customer to protect the integrity of their artwork and designs.

11.7    No waiver

A power or right is not waived solely because the party entitled to exercise that power or right, does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

11.8    Credits

Credits offer, must be redeemed within 90 (ninety) business days from the date of issue. After 90 business days, the credit will expire and become invalid.

11.9   Severability

Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, if that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

11.10 Governing law and jurisdiction

These Terms and Conditions are governed by the law in force in the state of VIC and the parties submit to the non-exclusive jurisdiction of the courts of that state or territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.

11.11 Variation to Terms and Conditions

These terms and conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via ESCUDO’s website.

12. GOODS AND SERVICES TAX

12.1    All amounts are GST inclusive amounts

Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.

12.2    Out of pocket expenses are GST inclusive

All out of pocket expenses referred to in these terms and conditions are GST inclusive.

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