Guru Labels Terms and Conditions of Trade
1. General
The Company shall mean Guru Corporation Pty Ltd through any or all of its operating divisions including its Related Bodies Corporate, employees, agents and assigns. The Customer shall mean the addressee of this documentation, quotation or order form including its Related Bodies Corporate, employees, agents and assigns. Goods shall mean all goods (including services) supplied to the Customer by the Company. Purpose shall mean all things in connection with the provision of the Goods by the Company to the Customer, including but not limited to printing, coating, cutting, finishing, slitting, rewinding, counting, collating, stacking, and manual manipulation and handling.
The Customer acknowledges that these conditions shall prevail over all conditions of the Customer’s order to the extent of any inconsistency.
These conditions shall be governed by the law of the State of New South Wales, and the parties hereby submit to the jurisdiction of the courts of New South Wales for the resolution of any dispute in relation to these conditions of sale.
2. Quotations
Unless otherwise stated in writing, the Company’s tender or quotation will be valid for 30 days from quotation date. Where the costs of Goods increases within this 30 day period through circumstances beyond the Company’s control, the Customer agrees to re-negotiate the terms of the quotation in good faith.
The Company assumes no responsibility or liability for any errors or omissions with respect to its range of products, services or overall advice and the Customer acknowledges and agrees that it will make all enquiries necessary to ensure that the products and/or services the subject of the quotation are fit for the Purpose for which the Customer requires them.
3. Goods and Services Tax
GST will be charged, where applicable, at the ruling rate as set down by the Australian Taxation Office.
4. Delivery
The Company will ship goods using our nominated courier StarTrack Express or another carrier at our discretion where we believe we can get a better result.
Every shipment will automatically trigger a notification of dispatch advice from the Company containing full shipping details for the Purpose of tracking finished Goods. Availability of stock will be subject to the Company’s receipt of materials and/or supplier’s conditions from the Company’s supplier(s).
Every endeavour will be made by the Company to dispatch the Goods by the time specified in the quotation or order but no liability is accepted by the Company in respect of dispatch or delivery delay beyond the control of the Company . The Customer agrees that the Company shall not be held liable for consequential damages arising out of late delivery or non-delivery of any kind arising from the conduct of any third party delivery service(s).
5. Cancellations
Unless otherwise negotiated, the Customer acknowledges and agrees that the Company will not accept cancellation of an order once it has been officially placed by way of either Customer signature or online lodgement.
6. Return of Goods
Goods to be returned to the Company, for any reason whatsoever, must have prior arrangement accepted in writing by the Company. Claims must be made within thirty (30) days of delivery of Goods.
Unless such prior arrangements are made, the Company will not accept responsibility or liability for Goods returned, unless such obligation is imposed by law.
7. Intellectual Property
Copyright
The parties each acknowledge that the unauthorised copying of a whole or a substantial part of any photographs and/or artwork may breach the Australian Copyright Act 1968 (Cth).
The Customer:
- warrants that no information or material, including any artistic or literary works, provided by the Customer to the Company will infringe the intellectual property rights, including but not limited to the moral rights, of any third party; and
- warrants that the Customer either owns or has copyright in or a licence to authorise the Company to reproduce any artistic and literary works supplied by the Customer to the Company for the purpose of the Goods and the Customer expressly authorises the Company to reproduce all and any such artistic and literary works for the purpose of the Goods (including any future Goods for the Customer).
- is granted a non-exclusive licence to use the copyright owned by the Company in any literary and/or artistic works authored by the Company for the purpose of the Goods, conditional on the Company having received full payment of monies due to the Company under these Terms and Conditions
Trademarks
The Customer warrants that it has the right to use applicable trademarks which may be incorporated in the Goods.
Information
The Customer warrants that any information provided by the Customer to the Company for the purpose of the Goods is true and correct.
Indemnity
The Customer:
- indemnifies and agrees to keep indemnified the Company against all liability, losses (including all legal costs and/or expenses properly incurred) for any breach of intellectual property, including copyright and trademarks, in connection with the Goods; and
- indemnifies and agrees to keep indemnified the Company against all liability, and losses (including all legal costs and/or expenses properly incurred) in connection with any information provided by the Customer to the Company for the purpose of the Goods.
8. Liability
Where a party is liable under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, at its option, to:
- the replacement of the Goods or the supply of equivalent Goods;
- the payment of the cost of replacing the Goods or of the supply of equivalent Goods; or
- refunding the amount of your order.
The Customer agrees that, to the fullest extent permitted by applicable law, the Company will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
- interruption of business;
- access delays to, access interruptions to, suspension of or discontinuation of the Goods;
- loss or damages of any sort incurred as a result of dealings with the Goods;
- viruses, system failures or malfunctions which may occur in connection with the Customer’s use of the Goods;
- any inaccuracies or omissions in content; or
- events beyond the Company’s reasonable control.
9. Rights the Company Cannot Exclude
The above disclaimers and limitations on liability do not exclude, modify or limit any rights, which by law may not be excluded, modified or limited, including but not limited to the Customer’s rights under the Australian Consumer Law.
10. The Company’s Rights in Relation to Goods
The Company reserves the following rights in relation to the Goods in the case of Customer default pursuant to ‘Payments of Accounts’ provision as outlined below:
- Legal ownership of all Goods;
- To enter the Customer’s premises (or the premises of any associated company or agent where the Goods are located) and retake possession of the goods; and
- To keep or resell any Goods repossessed pursuant to (2) above;
If the goods are resold, or products manufactured using the Goods are sold by the Customer, the Customer shall hold such part of the proceeds of any such sale as the invoice price of the Goods sold or used in the manufacture of the Goods sold in a separate identifiable account as the beneficial property of the Company and shall pay such amount to the Company upon request.
Notwithstanding the provisions above the Company shall be entitled to maintain an action against the Customer for the purchase price and the risk of the Goods shall pass to the Customer upon delivery.
11. Payment of Accounts
- Payment for the Goods is due within thirty (30) days from the date of invoice unless prepayment has been requested or prior arrangement for extended terms has been approved in writing by the Company.
- Breach of these payment terms may result in the Customer’s account being withdrawn.
- Title to the Goods will remain with the Company and shall not pass to the Customer until the Goods have been paid for in full.
- If the Customer fails to pay for the Goods within the payment terms set out above, then the Company may recover possession of the Goods at any site owned, possessed or controlled by the Customer and the Customer agrees that the Company has an irrevocable license to do so.
- In the event of the Company having to recover monies owed, all costs associated with debt collection and recovery of Goods will be passed onto the Customer.
12. Permissions
The Customer gives permission for the Company to:
- Retain legal ownership of all goods until paid for in their entirety;
- Obtain a report on the credit worthiness of the Customer;
- Contact the Customer’s trade references with questions pertaining to credit worthiness.
- Reserve the right to change these Terms and Conditions at any time without notice or penalty.
Last Updated 6th December 2021.
