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Terms and Conditions

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In these terms and conditions the following abbreviations shall have the following meanings:
�Customer' means the customer referred to in the Purchase Order or Job Sheet as here contained; "goods" includes compact discs, electronic equipment, hardware and software and any equipment incorporating same: "master" means any master compact disc, audio cassette or any other media material supplied by the customer for duplication or use in duplication with the Supplier;
"Purchase Order" means the Job Sheet (as completed) provided with these terms and conditions;
"Supplier" means Advanced CD & Print Pty Ltd also trading as Creative CD Solutions, A Creative CD Solution, Perfect Image Software Duplication or Quickopy.

Whole Agreement
1. These terms and conditions together with the details and specifications contained in the Purchase Order, shall comprise the whole agreement between the Supplier and the Customer in relation to the goods and/or services referred to in the purchase order, and any other representations or conduct made or engaged in or alleged to be made or engaged in by the Supplier to or with respect to the Customer in relation to those goods and/or services, shall not form a part of such agreement The customer agrees that no such representation or conduct shall give rise to any collateral agreement, warranty, enforceable right or cause of action between, by or of the Customer against the Supplier.

2. If the Customer has requested the Supplier to supply compact discs containing material duplicated from any master, the Customer warrants to the Supplier that the duplication of that material including reproduction of supplied artwork materials does not constitute a breach of copyright and is not otherwise unlawful, wrongful or illegal and here by indemnities the Supplier against.

(a.) Any claims, proceedings, actions, suits and demands, and any actions by public or statutory bodies or authorities, for alleged breach of copyright or for otherwise allegedly unlawful, wrongful or illegal conduct constituted by the duplication of the matenttl or anything reasonably incidental thereto.
(b.) All costs and expenses and any damages incurred by the supplier in respect of any such claims, proceedings, actions, suits and demands including legal costs and expenses on a full indemnity basis.

3. The customer warrants that they have received all necessary copyright clearance from AMCOS (if applicable) and have paid all fees in relation there to.

4. The Customer acknowledges that where the Supplier provides to the Customer in the Purchase Order, an indication of the time that will be taken by the Supplier to fulfil the customer's order, that indication is an estimate only and the Supplier make best endeavour however will not be obliged to adhere to it strictly.

5. The Customer shall not be entitled to cancel any order due to any failure or alleged failure by the Supplier to fulfil the order within any time indicated in the Purchase Order. If the Customer wishes to make time of the essence of this agreement, it must give the Supplier written notice of at least seven days of its intention to do so.

6. The Customer will accept variations of plus or minus five (5)% in the quantity of any goods ordered by the Customer and supplied by the Supplier, and will accept any consequent pro rate increase or decrease in the cost of the order. If the customer wishes to waive this condition it must in writing request verbatim �exact quantity supply� on their purchase order giving the supplier the opportunity to, in writing, accept or decline waiving of this condition prior to acceptance of the order and commencement of work.

7. Any goods supplied or to be supplied by the Supplier under this agreement, remain the propetty of the Supplier until and unless they are fully paid for by the Customer.

8. The Customer must pay for the goods and/or services in full upon delivery, unless the Customer has an account with the Supplier, in which event the Customer shall pay for the goods and/or services strictly in accordance with the terms of it's account with the Supplier.

9. Subject to the remaining terms and conditions contained herein, any goods supplied must be collected (if not delivered by the Supplier) by the Customer within 14 days of the Supplier notifying the Customer that the goods are ready. If they are not so collected, the Supplier shall be at liberty to tenninate this agreement and thereupon, without liability on its part, do any one or more of the following;
i. resell the goods at public or private auction or by private sale to another customer or otherwise;
ii. use all or any of the materials used in the production of, or comprising the goods, in the manufacture or supply of other goods and sell those other goods to the same or another customer;
iii. recover from the Customer any shortfall between the amount for which the goods were resold, and the price stated in this agreement.
The Customer acknowledges that goods agreed to be supplied under his agreement, including (without limiting the generality of the foregoing) duplicated multimedia, may have little or no resale value in the hands of the Supplier, and that if the Supplier reasonably determines that they have little or no such value, it may refrain from attempting to resell the goods and may recover from the Customer the whole of the price stated in this agreement for the goods notwithstanding that it has made no attempt to resell the goods.

10. The Customer shall pay to the Supplier interest at the rate of 12% per annum on any amounts oustanding under this agreement or pursuant to the terms of any account which the Customer has with the Supplier, and the Customer hereby acknowledges and agrees that such interest is a genuine pre � estimate of the loss and expense that will be suffered by the Supplier in the event of non - payment in accordance with the terms of this agreement or of any account held by the Customer.

11. The Customer acknowledges that any quote given by the Supplier and contained in the Purchase Order in respect of artwork or mastering to be supplied by the Supplier is an estimate only. The Supplier reserves the right to vary the said quote and to charge a higher or lesser amount than the amnount quoted without notice to the Customer where the time reasonably employed in the provision of artwork or mastering is less than, or exceeds the time quoted.

12. The Supplier is not under any obligation to accept any cancellations or variations to orders by the Customer. If the Customer cancels or varies any order, it will remain liable to the Supplier for the full price quoted (and any variations thereto properly made under this agreement) in respect of the original order, and the Supplier may recover that amount from die Customer and may also recover from the Customer all its costs and expenses for consequent cancellations or variations to corresponding requests for goods or services placed with its suppliers or subcontractors.

Warranties and Liability of Supplier
13. Where the Customer provides to the Supplier any master, the Supplier is under no obligation to check the master in any way including for any errors it may contain, and the Customer hereby indemnifies the Supplier against any claims, losses or demands based upon errors or inaccuracies in the master.

14. Upon request by the Supplier, the Customer will sign any acknowledgments or take any other step reasonably required by the Supplier to acknowledge the identity and contents of any master.

15. To the full extent permitted by law, all warranties and liabilities on the part of the Supplier imposed or implied by law or by statute, including under the Trade Practices Act 1974, are hereby expressly negative, provided that where the Supplier supplies goods manufactured by another manufacturer and the manufacturer has provided a warranty in respect of those goods, the Supplier warrants those goods to the extent and scope of the manufacturer's warranty only.

16. Where a warranty applies to goods supplied by the Supplier, that warranty shall be return to base only and the Supplier shall have no obligation to attend any premises of the Customer or as directed by the Customer to collect, repair, calibrate, set up, operate or inspect any goods. If the Supplier by its employees or agents pursuant to the Customer's request attends any premises of the Customer or as directed by the Customer to so repair, calibrate, set up, operate or inspect any goods the Customer shall be liable to pay to the supplier the Supplier's usual rates and charges for such service as if no warranty applied to the goods, and if the Customer directs the Supplier to so collect the goods and the Supplier incurs freight charges in so doing the Customer shall be liable to reimburse the Supplier in respect of time freight charges thereby incurred. The Customer hereby acknowledges that it has read this clause and aggress to pay or reimburse the Supplier as stipulated herein in the event that it requests the Supplier to attend its premises or any other premises to so collect, repair, calibrate, set up, operate or inspect any goods.

17. Where the Supplier supplies goods to which certain technical parameters apply or which can only be used or operated in conjunction with or through equipment, hardware or software having certain technical parameters, the Supplier shall not be liable in any way to the Customer by reason of the failure of the goods to operate outside of those technical parameters or to not operate without the use of the said equipment, hardware or software.

Loss of Materials and Consequential Loss
18. The Supplier shall not be liable to the Customer for any loss of or damage to materials or any master provided by the Customer to the Supplier howsoever that damage may occur.

19. The Supplier shall not be liable to the Customer in any way whatsoever for any loss, damage, injury or death caused or alleged to be caused by the Suppliers goods or services to the Customer whether such loss be economic physical or of some other nature.

Acceptance of Goods Or Services
20. The Custonser shall be deemed to have accepted any goods or services supplied by the Supplier under this agreement, unless within 24 hours of delivery of the goods or services it returns to the supplier a copy of the Supplier's invoice relating to those goods together with written notice of any alleged non � conformity of or defect in the goods, and thereupon obtains from the Supplier a return authority number which the Supplier shall give to the Customer in the event that it is satisfied that there was the non � conformity or defect alleged by the Customer. In this respect the Supplier's decision shall be final. The Supplier shall be under no obligation to replace, re supply or repair any goods or services in respect of which the Customer has not obtained a return authority number.

Governing Law
21. This agreement shall be governed by the laws in force for the time being in the State of New South Wales.

Print name: ___________________________________________

Sign: ________________________________________________

Date: _______ / _______ / _______

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