Promoter’s Paradise – Terms & Conditions
These are the Terms of Promoters Paradise Pty Ltd, and its trading company, Albury Enviro Bags.
These terms apply, to the exclusion of all other conditions made or implied by the buyer, to all sales to any purchaser or prospective purchaser, referred to herein as the ‘Buyer’, by Promoter’s Paradise Pty Ltd and its trading company, Albury Enviro Bags, hereinafter referred to as the ‘Seller’. Failure of the Buyer to notify the Seller in writing that Buyer does not accept these terms and conditions prior to purchase will constitute acceptance of these terms and conditions.

Buyer and Seller are bound by these terms and conditions.

Ordering and Quotations 

If Buyer supplies sufficient details during initial enquiries then a written quotation will promptly be provided. If however Buyer has special needs to discuss, or wishes to provide his/her own artwork or logo, then Seller will need to receive all this material before providing a final quotation. A final binding quotation cannot be given until Seller has received complete and final information regarding product, required print work, and delivery details. All quotations are subject to the accuracy of information supplied by the Buyer. Upon acceptance of the quotation the Buyer will provide Seller with a Purchase Order or other written confirmation of the details of the quotation at which time the Seller supplies an invoice to Buyer who then becomes liable for payment for the goods as outlined by the Sellers invoice and the payment terms of the Seller. Seller is not required to accept terms in the Purchase Order which are inconsistent with the details of the quotation. After the Purchase Order has been received subsequent changes requested in writing by the Buyer may be accepted at the discretion of the Seller.

All orders must be confirmed in writing, either by email, mail, or by receipt of a valid purchase order. Orders taken orally will not be confirmed until written confirmation is received. A confirmed order binds both Seller and Buyer under the terms of this contract.

Samples and Proofs

It is the Buyer’s responsibility to determine the suitability of the product for their requirements. To assist in this process the Seller will provide to the Buyer a computer mock up or drawing of the product showing dimensions and layout of logos, artwork, or printing. Approval of this drawing or mock up by the Buyer is proof of the correctness and accuracy of the layout, dimensions, design and spelling, as per the requirements of the Buyer. Following approval of the mock up a sample bag will be produced and shown to the Buyer as a soft proof or email photo. If the Buyer does not require a physical sample, approval of soft proof will constitute acceptance of the quality and suitability of the product and approval of production.

Pricing Details

Quoted prices apply for 14 days following time or as otherwise stated by the Seller, and are subject to the accuracy of information provided by the Buyer. The Seller reserves the right to make price adjustments due to errors or changes in ordering information, previously unstated internal Buyer warehousing/administration costs, or changes in packing, shipping or delivery requirements. Since the Seller cannot be responsible for changes in the cost of materials from our suppliers occasionally prices may also need to be adjusted in line with fluctuating market prices.

Payment Terms

The Seller’s payment requirements, unless stated otherwise on the invoice, are full payment in advance for new clients or orders of 500 bags or less. For regular clients or orders of more than 500 bags, the standard terms are 50% advance payment following approval of mock up or visual sample and prior to commencement of production with the remaining balance payable fourteen days after receipt of goods. Payment terms may be varied and stated on the invoice. Production will commence following receipt of the deposit. Payment is by bank deposit, accepted credit cards, cheque, or as stated on the invoice.

Returns and Refunds

Promoters Paradise Pty Ltd/ Albury Enviro Bags strives to ensure customer satisfaction. It is however up to the Buyer to exercise due care during all stages of the purchasing process. The Buyer will be given an opportunity to reject print and layout problems during computer design process and also during the pre-production sampling procedure. The Buyer assumes full responsibility for any errors not detected during such pre-production inspections.

In the event that there is a dispute about the quality of the delivered products, the Seller must be notified within 14 days of the receipt of the goods. If the Buyer wishes to make a refund claim then all products included in the claim must be returned to the Seller at the Buyer’s expense. The goods must be returned within a reasonable period, and the Buyer may need to show that the problem with the goods was not the fault of the Buyer.

Please note, it is not possible to process any refund for any products that have not been returned to Seller within 14 days, and in the same condition in which they were delivered.

Shipping, and Lead Time

The Seller frequently imports directly from China or India to our Australian or international clients. International shipments normally ship by sea, however urgent orders may be shipped by air upon receipt of additional shipping costs. While the Seller will normally assume full responsibility for decisions relating to shipping, exceptions may be made if a client has particular preferences. While the Seller will take every reasonable measure to ensure adherence to required delivery dates we will not be held responsible for matters which are beyond our control. Lead time may vary between 2-12 weeks for most orders and urgent orders may incur additional costs.

Overruns and Underruns

While every effort will be made to ensure the Buyer receives the exact number of goods ordered, the Seller will consider an order complete if the quantity of goods delivered to the Buyer is within a margin of +2% or -2% of the ordered quantity.

Cancellation of Order 

The Seller may cancel any order or delivery of goods to which these terms and conditions apply by giving written notice to the Buyer. On giving such notice the Seller shall repay the Buyer any sums paid in respect of the order. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation. Cancellation of any order by the Buyer will result in all costs incurred by the Seller being passed on to the prospective Buyer.

Overdue Accounts

The Buyer shall be required to pay Interest at the rate of 2 % monthly, per overdue invoice, for late payments. Payments more than 30 days late may also be subject to additional administration costs of an amount of 10%, up to a maximum of $200, per overdue invoice. In the event of any overdue payment, the Seller reserves the right to add any recovery costs incurred during the debt recovery process to the amount owed by the Buyer. Collection agents therefore, may be instructed by Seller to add all such recovery costs to the outstanding balance. Promoter’s Paradise Pty Ltd and Albury Enviro Bags will vigorously pursue any unpaid or overdue accounts.

Retention of Title 

The Seller shall retain the full title (and ownership) of all goods supplied to the Buyer until such time as Seller has received full payment for the goods. The Buyer acknowledges retention of title by the Seller and agrees to confer right of Seller to repossess goods that have not been paid for by the Buyer or his/her agents. When the Seller receives full payment for the goods, as per the appropriate invoice/es, Seller guarantees full, complete and unencumbered transfer of title in the goods to the Buyer.

Delivery and Acceptance of Goods

The Buyer will be considered to have accepted the goods when:
– the Seller receives written notification of acceptance of the goods from the Buyer, OR,
– after a period of 7 days have elapsed following delivery of the goods to the Buyer’s premises, the Seller has received no written complaint or notification of non-acceptance from the Buyer, OR,
– the goods are transferred in full to the buyer’s agent, storage facility, or freight carrier. Failure to supply such written notification within 7 days of delivery to the Buyer’s premises, or within 1 day of delivery to the Buyer’s carrier or agent, constitutes acceptance of the goods. The Seller assumes responsibility for the goods up to the time of delivery of the goods to the premises of the Buyer or his/her agent, or, delivery to the Buyer’s carrier, agent, or storage facility. All risk and responsibility shall transfer to the Buyer at the time of delivery to his/her premises, agent or carrier, not the time of acceptance. The Buyer shall indemnify the Seller for the full value of the goods until such time as full title in the goods passes to the Buyer.

Force Majeure

The Seller is not liable in any way whatsoever for matters beyond their control which impede or prevent the Seller from carrying out their duties under this agreement. This includes industrial disputes, accident, breakdown, import or export restrictions, acts of God, terrorism or war. If a force majeure event occurs, the Seller reserves the right to terminate this Agreement.

Disclaimer

Visitors to this web site use any information, materials, or products featured on this website, at their own risk. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The owner of this web site expressly disclaims all liability to any person arising directly or indirectly from the use of information, or for any errors or omissions in, the information in this web site. The adoption, application, or use of information in this site or products featured on this site, is at the reader, user, or purchasers discretion and is his or her sole responsibility.

While Promoter’s Paradise Pty Ltd and Albury Enviro Bags strive to ensure the accuracy and consistency of colours and products displayed on this web site and supplied to clients meets the requirements of the client, it is the client’s responsibility to confirm the suitability of the product or colour. This web site and any catalogues issued by the Seller are guides only. Screen colours, print colours and fabric colours are subject to minor variations. If an exact colour is required please ensure suitability by requesting a physical sample.

Printed Logos or trademarks appearing on this web site but not owned by Promoter’s Paradise Pty Ltd or Albury Enviro Bags, are for the purposes of display only. All such logos or trademarks are the property of the respective logo or trade mark owners. Promoter’s Paradise Pty Ltd or Albury Enviro Bags makes no claim of endorsement by such trademark owners unless specifically obtained in writing from the specific trademark or logo owner.

Changes to Terms

At the discretion of the Seller, these Terms may be reviewed and revised. The Seller reserves the right to change these Terms at any time. If the Buyer commences a transaction prior to a change in these Terms, that transaction will be effected in accordance with the terms in place at the time of the acceptance of the Buyer’s order.

Copyright

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