TERMS & CONDITIONS

TERMS & CONDITIONS

1. “Complete Mailing” means Complete Mailing Pty. Ltd. (A.C.N. 086 739 264) trading by the terms and conditions described in this document. “Customer” means any agent who orders goods & services from Complete Mailing. “Document” means these terms & conditions which the Customer accepts as legally binding upon accepting the quotations and/or invoices of Complete Mailing.
2. The parties agree that these terms and conditions apply to any goods/services provided to the Customer by Complete Mailing. No variation of the terms and conditions contained in this document shall be of any effect unless such be established in writing and signed-off by the duly authorized representatives of each party, i.e. in the form of a service level agreement (SLA).
3. Quotations are valid for a period of 30 days and payment terms are 30 days from the date of invoice.
4. The customer agrees any postage quoted is estimated and actual postage charges can only be ascertained upon sighting client data; therefore the customer accepts (1) that Complete Mailing is willing to confirm actual postage charges in advance of mailing, (2) any fluctuation in postage charges between estimations quoted and actual charges invoiced.
5. Complete Mailing will make all necessary arrangements with Australia Post on behalf of the Customer for lodgement of the client’s mail but will not be responsible for any delay in mailing or any consequential loss, costs, damages or expenses to the Customer arising from or incidental to the delivery standards of Australia Post or the Customer’s failure or refusal to meet the specified postage payment terms.
6. Complete Mailing shall where possible advise the Customer of any shortage in stock delivered to Complete Mailing and any excess goods or materials after mail lodgement shall be returned to the Customer at the customer’s expense. If Complete Mailing has not received instructions from the Customer in relation to the disposal of such excess material within 14 days after an invoice is issued, Complete Mailing is at liberty to deem such materials to be waste and may dispose of it and is not liable for any loss, cost or expenses arising from such.
7. Complete Mailing accepts no responsibility or liability for the handling or storage of the Customer’s goods, materials or the pallets, pallet cages or other forms of packaging at the premises of Complete Mailing; nor whilst such are in transit between the customer or its other contractors. All such goods, materials or the pallets, pallet cages or other forms of packaging shall be at the sole risk of the Customer and Complete Mailing shall not be liable for any theft, loss, damage or destruction of such.
8. The customer warrants that any materials delivered to Complete Mailing do not contain any infringement of any design copyright, patent or other proprietary rights and are not defamatory or obscene. Complete Mailing reserves the right in its sole discretion to refuse to mail or deliver any material which may constitute an infringement of design copyright or patent or other proprietary rights or is defamatory or obscene or the distribution of which may be contrary to law.
9. To the extent permitted by law, Complete Mailing shall not be liable to the Customer for and the Customer indemnifies Complete Mailing from and against all liability in respect of claims, loss, cost, damages or expenses arising directly or indirectly from the acts or omissions of Complete Mailing whether caused or contributed to by any default, omission or negligence on the part of Complete Mailing Pty Ltd or by its servants and agents.
10. If the Customer defaults in payment of any amount invoiced, Complete Mailing may at its option suspend any other purchase orders issued by the Customer until the default is remedied; and shall not be responsible for any loss, cost, damage or expense incurred by the Customer during the period of suspension; or may terminate its contract with the Customer.
11. Complete Mailing shall preserve the confidentiality of mailing databases supplied by the Customer in respect of the Privacy Act (1988) and subsequent amendments and shall use it for purposes as directed by the Customer.
12. The Customer shall not be entitled to make any claim against Complete Mailing in connection with any act, omission or event unless the claim is made in writing within 7 days of the date of the act, omission or event giving rise to the claim.
13. Complete Mailing shall not be liable for any loss, damage or expenses arising from delays or non-delivery arising from any cause beyond its control including plant and equipment breakdowns, failure or abnormal supply of power, act of God, any act, default or neglect of the Customer, industrial stoppages or bans and shortages of raw materials.
14. Complete Mailing shall not be liable for any defects in material supplied by the Customer. It is the customer’s responsibility to ensure any supplied stock for printing or processing by Complete Mailing is machine compatible and bares the cost of remedial solutions wherever stock is not machine compatible.
15. In requesting any services from Complete Mailing, the Customer strictly complies with the terms specified in the document.
16. In the event that Complete Mailing is required to engage the services of a solicitor or mercantile agent to effect collection of any amounts due, or in the event that any cheque of the customer is dishonoured, then all collection expenses and costs on a solicitor-own basis will be payable by the customer.