“Shivam Printing” means Shivam Couriers & Logistics Pty Ltd T/As Shivam Printing A.C.N. 120 534 732 of 123, 12B Williamson Rd, Maribyrnong VIC 3032, Australia. The “Customer” means the party placing an order for the purchase of goods or services from Shivam Printing.
“Order” refers to an order for goods or services.
ACTING IN RELIANCE
The Customer warrants that the information provided by the Customer is true and correct. The Customer acknowledges that Shivam Printing will act in reliance on this information.
APPLICATION OF TERMS AND CONDITIONS
These Terms and Conditions (“T&Cs”) apply to each and every dealing between the parties Shivam Printing and the Customer, and the Customer agrees to adhere to these Terms and Conditions and will that they prevail over any other verbal, implied or written conditions, whether verbal, implied or written to the extent permitted by law.
These T&Cs may be changed by Shivam printing from time to time and the then current version of the T&Cs shall be binding upon the Customer.
Orders are subject to acceptance in accordance with these T&Cs.Orders are subject to acceptance by Shivam Printing in whole or in part at: Shivam Printing, 123 Rosamond Road, Maidstone 3012, Australia
ACCEPTANCE OF ORDERS
An Order will be deemed to have been accepted by Shivam Printing upon transmission at the earlier of:
such order to the Art Department of Shivam printing receipt of payment for the goods by Shivam Printing; or despatch of the goods from Shivam Printing.
No orders may be varied or cancelled by the Customer after acceptance ; unless agreed to by Shivam Printing, on terms and conditions set by Shivam Printing.
The goods or services must be paid for in full at the time of placing the order for the goods or services by the Customer. Shivam Printing does not grant credit to its Customers.
Shivam Printing may require an amount be paid by the Customer as a non-refundable deposit. Payment for goods must be received by credit card or bank transfer payment via our secure website, to be received by Shivam Printing at the time of placing the order for the goods with Shivam Printing.
PRICES AND RESALE PRICES
Shivam Printing’ price lists or quotations do not constitute an offer.
Quotations are given and orders are accepted only on the basis that the prices charged will be those applicable at the date of the order being dispatched, ex Shivam Printing warehouse. All prices are subject to change without notice.
Prices are inclusive of costs of free Melbourne CBD delivery of the goods to the Customer and any applicable goods and services tax.
Recommended and suggested resale or retail prices wherever shown are recommended resale or retail prices only and there is no obligation to comply with any recommendation or suggestion.
Shivam Printing is not obliged to attend to any modifications or variations to the goods unless agreed in writing by Shivam Printing.
If any modifications to the goods are required to comply with the regulations or laws of the State or Country in which the Customer is located and/or in which the goods are to be resold or used by the Customer, each order must include clear instructions detailing the required modifications.
The Customer must not modify the goods in any way, other than with the written consent of Shivam Printing and in strict compliance with instructions supplied by Shivam Printing.
All representations by Shivam Printing as to the date and/or time for delivery are made in good faith, but are not guaranteed. All representations are made in good faith, in the light of conditions and circumstances that are known to Shivam Printing at the time.
Shivam Printing and its directors, officers, employees and associated companies shall not be liable for late deliveries or non-deliveries and under no circumstances shall Shivam Printing be liable for any loss, or damage, including consequential loss or damage, or delay occasioned suffered by to the Customer or its Customers arising from late or non-delivery of goods or service, whether such loss or damage is due to negligence or willful act, misconduct or default of Shivam Printing or any third party and whether or not if the same occurs in the course of the performance by Shivam Printing of any contract or in circumstances which are foreseeable by Shivam Printing or in circumstances which would constitute a fundamental breach of any contract or a breach of any fundamental term hereof.
Goods will normally be shipped by the most convenient and economical method and route having regard to the nature of the goods. Shivam Printing reserves the right to charge the Customer for delivery. If Shivam Printing was unable to deliver part of an order for any reason whatsoever, Shivam Printing may deliver by instalments. Each instalment shall be regarded as a separate contract and any defect in, or failure to deliver an instalment shall not give the Customer the right to cancel the balance of deliveries due under the order.
DAMAGE OR LOSS IN TRANSIT
It shall be the responsibility of the Customer to insure the goods after dispatch from the Shivam Printing. Shivam Printing may suggest or offer group insurance but it is the Customer’s responsibility to ensure that the insurance is adequate for the purpose. Shivam Printing shall not be liable for any loss or damage suffered during transit of the goods to the Customer.
TITLE AND RISK
Shivam Printing reserves all legal title and ownership in relation to the goods until all monies owed by the Customer to Shivam Printing are fully paid.
Until the legal ownership of the goods has passed to the Customer, the Customer shall be a bailey of such goods in its possession but title for such goods remains with Shivam Printing.
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 represents the invoice price of the goods sold or used in the manufacture in a separate identifiable account as the beneficial property of Shivam Printing and shall pay such amounts to Shivam Printing upon request.
Notwithstanding the provisions above, Shivam Printing shall be entitled to maintain an action against the Customer for the whole purchase price and any other loss suffered or incurred by Shivam Printing. The Customer shall have no claim against Shivam Printing for any damages or other monies whatsoever if Shivam Printing repossesses or attempts to repossess the goods. The rights of Shivam Printing hereunder are in addition to any other claim or rights Shivam Printing has under any other term hereof or under any other contract between the parties.
In the event the Customer is in default of any term or condition and such default has continued for a period of seven days, Shivam Printing may, at its election at any time thereafter shall be at liberty to cancel any or all orders yet to be completed and to recover from the Customer any or all losses, damages, costs, interest, fees, charges (including handling charges payable to Shivam Printing and its suppliers) and all expenses incurred and suffered by Shivam Printing as a result of the Customer’s default and the subsequent cancellation.
The Customer shall have no recourse whatsoever against Shivam Printing for any loss or damaged suffered as a result of any such cancellation.
In the event that any monies are due and payable by the Customer to Shivam Printing, but remain unpaid for seven days, Shivam Printing may charge the Customer and be paid interest on the outstanding balance from the due date until payment is received by Shivam Printing at a rate of 12% per calendar month or part thereof, and the Customer will also pay to Shivam Printing, any costs and expenses (including legal expenses) that Shivam Printing incurs in enforcing these Terms and Conditions of Sale or any other Agreement that it has with the Customer.
If you have credit terms with Shivam Printing and in the event that any monies are due and payable by the Customer to Shivam Printing, but remain unpaid after 30 days from end of month, Shivam Printing will charge the Customer and be paid interest on the outstanding balance from the due date until payment is received by Shivam Printing at a rate of 12% including gst calculated monthly, per calendar month or part thereof, and the Customer will also pay to Shivam Printing, any costs and expenses (including legal expenses) that Shivam Printing incurs in enforcing these Terms and Conditions of Sale or any other Agreement that it has with the Customer.
Any claim by the Customer relating to any defect in manufacture of goods, or any shortage or other nonconformity to an order for goods or services shall be made in writing to Shivam Printing at its address: 12B Williamson Rd, Maribyrnong VIC 3032, Australia within 3 days of delivery of the goods or services.
Unless such written claim is received by Shivam Printing within the specified period, the Customer shall be deemed to have accepted the condition of the goods and/or services and, conformity of the goods and services to the order.
Any claim in relation to a defect in goods must be accompanied by both:
1. a specimen of the article showing the alleged defect;
2. a sample taken from the consignment in its original packaging showing the references used for identification purposes.
No goods shall be returned to Shivam Printing by the Customer without the written consent of Shivam Printing.
If Shivam Printing consents to the return of goods, Shivam Printing shall not be required to accept such goods by way of return unless:
The delivery charge for the return to Shivam Printing of the goods is first paid by the Customer;
The goods are unused and undamaged and in their original packaging;
The goods and the packaging are as new and in a saleable condition with only their original marks, numbers unaltered and prices not marked thereon if applicable.
LIMITATION OF LIABILITY
Subject to any express written warranty otherwise given by Shivam Printing, and subject to any statutory warranties express or implied which by law cannot be excluded, all warranties conditions and representations, whether express or implied are expressly excluded. Where a warranty or conditions is implied by law, Shivam Printing’s liability is to the extent that same can be so limited, is limited to one of the following at Shivam Printing’ discretion in the case of goods:
1.Replacement of goods or supply of equivalent goods or supply of the service again;
2.Repair of goods;
3.Payment of costs of replacing the goods or acquiring equivalent goods;
4.Payment of the cost of having the goods repaired or supplying the services again.
The Customer shall forthwith give notice to Shivam Printing of the change of address, telephone number, facsimile numbers or address for delivery to the Customer not later than 7 days prior to such change occurring.
The Customer shall inform Shivam Printing of any changes in the ownership of the Customer within 14 days of such change, whether total or partial by giving notice in accordance with clause 16 herein forwarding to Shivam Printing notice in writing of that change to: Shivam Printing, 12 B Williamson Rd, Maribyrnong VIC 3032, Australia.
Any notice, demand or other communication given or made under these T&Cs must be in writing:
Made by an authorized officer of the sender and delivered to the intended recipient by prepaid post, hand or fax to the address or fax number last notified by the intended recipient to the sender, signed by an authorized officer,
If given or made by the Customer, signed by the Customer or an authorized officer, and Delivered to the intended recipient by prepaid post, hand or fax to the address or fax number last notified by the intended recipient to the sender,
These T&Cs shall be governed by and interpreted in accordance with the laws of Victoria and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeal courts from them.
The Customer and its directors declare that the goods and/or services to be provided by Shivam Printing are to be used wholly or predominantly for business and/or investment purposes (or for both purposes).
The Customer acknowledges and agrees that Shivam Printing may assign all of its rights, benefits and interests under this Agreement to any other entity as nominated by Shivam Printing. Any such assignment by Shivam Printing shall not prejudice or affect the rights, claims or interests of the Customer or Shivam Printing which have accrued up to the date of assignment.
The Customer shall not assign, transfer or novate its rights and obligations under this Agreement, without the prior written consent of Shivam Printing, in Shivam Printing’s absolute discretion.
If any provision of these T&Cs is, for any reason, wholly or partly held to be illegal, void, invalid or unenforceable by a court of law or other competent authority, that provision shall be severed in the relevant jurisdiction and all other provisions of the T&Cs shall continue in full force and effect.
No failure to exercise, nor any delay in exercising, any right, power or remedy by Shivam Printing operates as a waiver. A single or partial exercise by Shivam Printing of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on Shivam Printing unless in writing. Shivam Printing’ rights, powers and remedies under these T&Cs are in addition to, and do not exclude or limit, any right, power or remedy provided by law or equity or by any other agreement or instrument.
Shivam Printing shall not under any circumstances be responsible to the Customer for any failure to comply with its obligations under this Agreement pursuant to any order that is accepted, which failure is caused by an act of God, acts of any Government, war or other hostility, national or international disaster, the elements, fire, explosion, power failure, equipment failure, strikes or lockout, inability to obtain necessary supplies and the like and other force majeure occurrences.