Definitions In these terms of trade
“Account” means the Customer’s account with the Vendor. “Customer” means the person or entity making the application or any person acting with ostensible authority on behalf of the customer. “Goods” means goods supplied by the Vendor to the Customer at any time. “Guarantor” means any party executing a Guarantee of the Customer's Account with the Vendor. “Order” or “Orders” means the order or orders of the Customer to the Vendor to supply Goods and Services. "PPSA" means the Personal Property Securities Act 1999. “Services” means services supplied by the Vendor to the Customer at any time. “Vendor” means Journey Internet Media.
Orders
Orders will be on such forms as the Vendor may require from time to time.
Acceptance
Each Order shall constitute acceptance by the Customer of these Terms and Conditions of Trade.
Preliminary work
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable. Vendor holds the Copyright rights until such time as design work or printing work is paid in full.
Copy
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, the Vendor shall be entitled to make additional charges on a time and materials basis to cover such additional work.
- The Vendor may at any time refuse an order by the Customer or decline to approve any application by the Customer for any reason whatsoever.
- The existence of an account by the Customer with the Vendor does not automatically entitle the Customer to credit in the future.
- Failure by the Vendor to enforce any of the terms and conditions contained in these Terms and Conditions of Trade shall not be deemed to be a waiver of any of the rights or obligations the Vendor has under these Terms and Conditions of Trade.
- The Vendor may from time to time by written notice to the Customer amend, add to or repeal the trading conditions covered by this Agreement or may substitute any fresh trading conditions and such amendment, addition or substitute trading conditions shall be binding on the Customer fourteen days after the date of delivery of the notice.
- These Terms and Conditions of Trade constitute the entire agreement and supersede and extinguish all prior agreements and understandings between the Vendor and the Customer.
- Dimensions and specifications contained or referred to in any Order, catalogues, brochure or other publications maintained or issued by the Vendor are estimates only.
- Unless otherwise expressly agreed in writing, it is not a condition of these Terms and Conditions of Trade or any Order that the Goods and Services will correspond precisely with such dimensions and specifications and customary tolerances or in the absence of customary tolerances, reasonable tolerances shall be allowed.
- The Vendor’s liability to the Customer shall be limited to the value of the Order supplied.
- The Sale of Goods Act 1908, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Vendor which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on the Vendor the Vendor’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
- Except as otherwise provided above the Vendor shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Goods and Services by the Vendor to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by the Vendor to the Customer.