Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between Number One Signs and the customer, which may be updated by Number One Signs from time to time without notice to the customer.
In these Terms and Conditions:
Business Day refers to a day on which banks are open for general banking in the State or Territory in which the production premises are located;
Number One Signs refers to ABN 63 533 260 433 including its servants and agents;
Customer refers to person, persons’ firm, corporation, or statutory organization to which the correspondence is addressed;
Estimate refers to the approximation underlined in sub clause 2.1 (b) (as amended in accordance with clause 2.4);
Goods refer to the final products produced by Number One Signs and the printer at the completion of the order;
GST refers to a New Tax System (Goods and Services Tax) Act, 1999;
Interest Rate refers to the total of two per cent (2%) and the rate Commonwealth Bank of Australia levies from time to time on Overdraft Accounts exceeding One Hundred Thousand Dollars
Order refers to the work required to be done in order to fulfill the customer’s instructions;
Quote refers to ‘Quote’ described in clause 2.1;
Cut-off time refers to the time of daily confirmation gateway; confirmation after the cut off time is processed the following business day accordingly;
AEST means Australian Eastern Standard Time;
Schedule refers to the time frame required before and after payment confirmation until the goods are ready for pickup and/or delivery;
In these Terms and Conditions, unless the context otherwise requires:
(a) A reference to a clause is a direct reference to a section in these Terms and Conditions unless specified;
(b) A reference to a party or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(c) Where an expression is defined, another part of speech or grammatical form of the expression has corresponding meaning;
(d) A reference to a period of time (including without limitation, a year, a quarter, a month and a day) is to a calendar period;
In these Terms and Conditions, the headings are for convenient references only and do not influence any interpretation.
If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:
(a) If it involves a payment other than a payment which is due on demand, must be done on the preceding business day; and
(b) In all other cases, may be done on the next business day.
Daily Cut-off times
If the customer cannot fulfil requirements prior to the cut off times, the order will be treated as next business day’s order:
(a) Order confirmation time (including artwork submission) – 14:00 (AEST)
(b) Artwork confirmation time – 16:00 (AEST)
(c) Payment confirmation time – 16:00 (AEST)
(d) Signshoponline.com.au online order confirmation time (including order, artwork and payment submit) – 15:00 (AEST)
All confirmations including quotation, order and artwork confirmations must be submitted in writing (e-mail or fax); Number One Signs will not accept any verbal confirmations.
(a) A schedule including production days, target dispatch date and target arrival date is included in the quotation or in shopping cart of signshoponline.com.au. This is only an indication of our targeted schedule, not to be used as Number One Sign’s guarantee or promised turnaround time or schedule
(b) Our standard turnaround time is between 3-7 business days from payment confirmation date until the goods are ready for pick up and/or dispatch, depending on the product or service required. Turnaround time may vary depending on the quantity and size of the order and/or number of artworks supplied
Standard charges include artwork handling fee, handling/packing fee and Amex fee. These charges will be clearly shown in the quotation/proforma invoice/tax invoice.
If customer wishes to be entitled to Number One Sign’s promotions and specials, customer has to quote the Promo Code prior to placing the order. Number One Signs protects the right to offer promotional offers or specials if promo code is provided after artwork has been confirmed.
QUOTES/ PROFORMA INVOICES/ TAX INVOICES
(a) Number One Signs to supply quotes
The Number One Signs may, if requested by the customer, give the customer a quote specifying:
(i) The work required to be done in order to fulfil the customer’s instructions; and
(ii) An estimate of the charge for the performance of such work.
(b) Acceptance by customer
Where Number One Signs has given the customer a quote:
(i) Number One Signs will not commence work until the quote has been accepted by the customer
(ii) The customer may accept the quote by instructing in writing to commence work
(iii) Acceptance by the customer of the quote will constitute acceptance by the customer of these Terms and Conditions
(c) Quote evidence of instructions
If a written quote is accepted by the customer, the work that is subject of the quote shall be carried out and the customer shall pay for the work in accordance within the Terms and Conditions.
(d) Validation of Quote
All quotations will be valid for a maximum of 15 business days. Only Number One Signs formal written quote will be accepted as the quotation price.
(a) Number One Signs to supply Proforma Invoice
After quotation has been confirmed, Number One Signs will provide customer with a proforma invoice specifying:
(i) Customer has confirmed the quotation supplied by Number One Signs;
(ii) The work required to be done in order to fulfil the customer’s instructions; and
(iii) An estimate of the charge for the performance of such work
(b) Acceptance by customer
Where Number One Signs has provided a proforma invoice to the customer:
(i) Number One Signs will commence work after artwork and payment confirmation
(c) Number One Signs may revise Estimate
Number One Signs may amend the Estimate before the order has been completed to take into account any rise or fall in the cost of performing the order and Number One Signs shall notify the customer of such amendments, as soon as practicable thereafter. Upon Number One Signs giving the customer notification of such amendments, the estimate shall be deemed to be the estimate for the purposes of these Terms and Conditions.
(d) Validation of Proforma invoice
All proforma invoices will be valid for a maximum of 15 business days. Only a Number One Signs formal written proforma invoice will be accepted as the order price.
(i) All amendments must be requested via email or fax, Number One Signs will not accept any amendments verbally.
(ii) Additional business days may apply for amendments after daily cut-off times described in clause 1.6.
(a) Number One Signs to supply tax invoice
After artwork and payment confirmation, Number One Signs will provide a tax invoice specifying:
(i) Customer has confirmed the artwork proof supplied by Number One Signs;
(ii) The work required to be done in order to fulfill the customer’s instructions; and
(iii) A final charge for the performance of such work
(b) Paid invoice
Number One Signs can provide paid tax invoice
Number One Signs may revise Estimate
Number One Signs may amend the Estimate before the order has been completed to take into account any rise or fall in the cost of performing the order and Number One Signs shall notify the customer of such amendments, as soon as possible. Once Number One Signs has provided notice to customer of such amendment/s, the approximation shall be deemed as the estimate for the purposes of these Terms and Conditions.
Errors and omissions
It is the customer’s responsibility to ensure that the details on the quotes/ proforma invoices/ tax invoices are correct; Number One Signs will not take any responsibility for whichever inaccuracy in the order
Subject to clause 5.3 when the artwork has been confirmed, Number One Signs will issue an invoice for the amount of the estimate or, if no estimate was made, for an amount representing Number One Sign’s charge for the work done in filling the order, and for any of the other charges specified in clause 3.2
In addition to the amount of the estimate, or where no estimate was given, in addition to the amount representing Number One Sign’s charge of work done, Number One Signs may charge to the customer; minimum (or above) $50+GST (Number One Signs standard administration fee):
(a) Fees for any preliminary work performed at the customer’s request;
(b) Fees for additional work required to be done as a result of the customer changing instructions;
(c) Fees for having to work with low resolution artwork;
(d) Fees for work which involves tables or foreign language without any notification prior to the preparation of the quotation;
(e) Fees for additional work required to be done as a result of customer’s corrections;
(f) Fees and other charges for work required to be done urgently, including any overtime costs;
(g) Fees for handling or storing material or equipment supplied by the customer for the purpose of the order;
(h) Fees for changing or correcting, in order to ensure that the goods are properly produced, any artwork or document including computer files supplied for the purposes of the order by the customer.
(i) Freight costs and charges;
(j) Fees for awaiting/redirection/redelivery;
(k) Other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.
For the purpose of these Terms and Conditions:
(a) The term “Number One Sign’s charge” refers in each case to the standard or usual fee charged by Number One Signs from time to time in respect of order;
(b) “Preliminary work” means all administrative work performed by Number One Signs at customers request, the performance of work which is required to commence the order within reasonable examination by Number One Signs prior to the provision of the estimate
(c) “Additional work” includes all work undertaken by Number One Signs as a consequence of customer requested variation, alteration or modification in relation to the order; and
(d) “Freight cost and charge” includes all costs and expenses incurred by Number One Signs to dispatch the goods from its premises for delivery to the customer.
(e) “Number One Signs Standard Administration fee” covers ANY additional administrative work required to be performed by Number One Signs after a job has been approved for production work including approval for graphic design.
Number One Signs shall notify the customer when the goods are ready for collection.
The customer must collect the goods from Number One Signs’s premises upon being notified that the goods are ready for collection. If Number One Signs agrees to deliver the goods, the customer shall bear all freight costs and charges of such delivery.
(a) Pick up
(i) Customers pick up – Customers are required to sign upon pick up by accepting the quality and quantity of the goods. The job/invoice number and company name must be quoted to protect the goods and eliminate any errors.
(ii) Pick up via courier (organized by customer)
(a) Job/invoice number and company name must be provided at the time of pickup. Failure to do so may delay the pickup process by up to 30 minutes.
(b) Number One Signs will not be liable to complete any forms/documents requested by the courier, it is the customer’s responsibility to provide corresponding form/documents to Number One Signs, one business day before pickup date.
(c) Number One Signs will not be responsible for extra delivery cost and/or delay due to lack of information provided by the driver during pick up.
(d) Number One Signs will accept no responsibility for works not collected within 14 days of notification of availability for collection.
(i) Customer must ensure someone is available to receive the goods between 9am - 5pm of the target delivery date on the tax invoice. If unattended, extra fee will apply for any re-delivery/re-direction/awaiting fee. If additional delivery takes place such as re-direction, the customer must bear all extra costs.
(ii) The target date on the invoice is only an estimated delivery date of the goods. Number One Signs will not be responsible for any amendments caused by the courier company or effected in transit.
Subject to clause 7.1 the customer may only reject the goods if they do not comply with the instructions. If the customer wishes to reject the goods, the customer must notify Number One Signs of the rejection in writing and return the goods only after official consent.
(a) The risk for the goods passes to the customer:
(i) If Number One Signs agrees to delivers the goods to the customer’s premises – at the time of departure from Number One Signs premises;
(ii) Otherwise – at the time Number One Signs notifies the customer, that the goods are ready for collection
If the customer is entitled to reject the goods in accordance with these Terms and Conditions, risk reverts to Number One Signs at the time the customer notifies the Number One Signs, that the goods are rejected.
Types of Payments Terms
Number One Signs offers three types of payments:
(a) Prepaid - The order will not be processed until the customer pays the total amount stated on the invoice;
(b) 30 Days Account (customer must meet Number One Sign’s requirements) - The customer must make full payment within 30 days from the date of receipt stated on the invoice;
(c) If the invoice specifies a different payment period then the customer shall pay the amount stated on the invoice by the target date
Number One Signs accepts credit cards, direct debit (EFT) or Cheque:
(a) Payment via credit card – Number One Signs accepts Master or Visa card with no surcharge and American Express with 3% surcharge (automatically applied on the invoice).
Credit card details to be sent via email to: firstname.lastname@example.org
(b) Payment via direct debit (EFT) – Number One Signs requests customers to email bank transfer acknowledgement with a receipt number. Email to be sent to email@example.com. A reseller account holder is NOT equivalent to a credit account holder.
(c) Payment via Cheque (not recommended) – Number One Signs will only process the order after the Cheque has been cleared. This will delay the production of customer’s order.
Payment terms have been indicated where “Account Terms” are specified on the proforma/tax invoice. If it specifies “Prepaid” then full payment must be made. If it specifies “30 Days Account” then Number One Signs will process the order to production directly, if the account total outstanding does not exceed the credit limit of customer account. In a case of account total outstanding exceeds customer’s credit limit, Number One Signs will either contact customer to request payment or Number One Sign’s finance department will approve the job to supply on credit as an exception.
There may be price differences between proforma invoice and tax invoice due to last minute amendments requested by the customer, Number One Signs will treat the charges on the tax invoice as final invoice amount
(a) If the customer cannot fulfil the payment timeframe on the invoice, then:
(i) The goods may not be allowed for pickup/dispatch; or
(ii) The schedule may be amended by Number One Signs and/or additional charges may apply; or
(iii) The customers Number One Signs account may be suspended
(b) An updated production schedule will be emailed to customer once the payment has been confirmed
(c) Number One Signs will not be responsible for any delays if the payment details have not be provided or forwarded to the required personnel’s stated in clause 5.2
Number One Signs may charge interest, at the interest rate on amounts not paid within the time specified in clause 5.1
Advance and progress payments
(a) Number One Signs orders are predominantly prepaid and require paying in full prior to production. Except for credit account customers which require an application for entitlement
(b) Number One Signs may issue one or more invoices for amendments to be paid in advance of any further work being done
(c) If the order is suspended for more than 30 days at the request of the customer, or as a result of something for which the customer is responsible for, Number One Signs may issue an invoice for an amount to be specified by Number One Signs for the work already done and for other costs incurred by Number One Signs
Retention of Ownership
Until the customer has paid all sums outstanding in relation to the goods:
(a) Title of the goods shall not be passed on to the customer
(b) If the goods are in the customer’s possession, the customer shall hold the goods as trustee for Number One Signs and must store the goods so that they are clearly identifiable as the property of Number One Signs.
(c) Number One Signs may call for and recover possession of the goods (for which purpose Number One Sign’s employees or agents may enter the customer’s premises and take possession of the goods, without liability to the customer) and the customer must deliver the goods to Number One Signs, if so directed by Number One Signs.
(d) The customer may, in the ordinary course of the customer’s business, sell the goods to a third party but:
(i) The proceeds of sale to the third party shall be held by the customer as trustee for Number One Signs and the customer account to Number One Signs for those sums and if those sums are insufficient to cover the outstanding amounts then the customer shall remain liable, and
(ii) If Number One Signs requires, the customer shall assign to Number One Signs the customer’s claim against the third party and shall execute all documents necessary to effect that assignment
Number One Signs shall in respect of all sums owned by the customer to Number One Signs hereunder have a general lien on all property of the customer in Number One Signs’s possession and may after 14 days’ notice to the customer sell that property and apply the proceeds (net of any sales costs) in satisfaction of all or any part of the sums owed. In the event that any of the customer’s property held by Number One Signs as aforesaid enjoys copyright protection in favour of the customer, the customer hereby grants to Number One Signs a license to exercise the rights conferred on Number One Signs under this clause.
Artwork/ Design Proofs
If Number One Signs submits artwork/design proof to the customer for the goods:
(a) Number One Signs will not be responsible for any discrepancies in original artwork after the artwork has been approved
(b) Number One Signs will not be liable for any incorrect artwork provided by the customer
(c) Any changes after artwork and payment confirmation will incur Number One Signs standard administration fee
Liability of Goods
Customer will become the owner of the goods after the goods have been delivered or picked up. After the goods are in possession, the customer will be responsible for insurance as the goods will be held at the customer’s risk and Number One Signs will not be liable for any loss or damage
The parties acknowledge that under applicable State and Commonwealth Laws, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred in relation to the provision of the goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”)
Disclaimer of Liability
Number One Signs disclaims all conditions, warranties expressed or implied, rights and remedies conferred from customer, by statute the Common Law Equity Trade Custom or usage to otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable rights. To the extent permitted by law, the liability of Number One Signs for breach of a non-excludable right is limited, at Number One Sign’s option to the supplying of the goods and or any services again or payment of the cost of having the goods and or any services supplied again.
Any other provision of these Terms and Conditions, Number One Signs in no circumstance (whatever the cause) will be liable in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
(a) Increased costs or expenses;
(b) Any loss of profit, revenue, business, contracts or anticipated savings;
(c) Any loss or expense resulting from a claim by a third party or;
(d) Any special, indirect or consequential loss or damage of any nature whatsoever, caused by Number One Sign’s failure in completing the order or to deliver the goods.
Without limiting the generality of the foregoing clauses, Number One Signs will not be liable for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Number One Signs.
Subject to clause 7.5 Number One Signs will not be liable for damage, loss or destruction of any property of the customer in Number One Sign’s possession, unless the loss or damage is due to Number One Sign’s failure to exercise in due care and skill, in handling or storing the property.
Number One Signs will have no liability to the customer in relation to any loss, damage or expense caused by Number One Sign’s failure to complete the order or to deliver the goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the printer’s normal suppliers to supply necessary materials or any other matter beyond the printer’s control.
Alterations to style
Prior to quote preparation, if the customer does not provide specific instructions in relation to style, type or layout:
(a) Number One Signs may use any style, type and layout which in Number One Signs’s opinion, is appropriate and;
(b) Number One Signs may charge an additional amount for any added work required to be done
Unless Number One Signs and the customer agree otherwise, drawings, sketches, painting, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by Number One Signs in the course of, or in preparation for performing the order (whenever or not in fact used for the purpose of performing the order) are the property of Number One Signs.
(a) Fees quoted for professional services do not include purchase of photos, printing, colour-matching, shipping and handling or courier service. Expenses are itemised on each invoice.
(b) If customer requires artwork on CD, Number One Signs standard administration fee applies plus courier/ delivery costs will be payable by customer.
(a) According to the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Number One Signs till such an agreement is in place. As part of Number One Signs ‘s Terms of Business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work.
(b) Number One Signs reserves the right to use all artwork produced for the purpose of promoting Number One Signs in print, publication or website, unless explicitly denied to do so by client in writing.
(c) Copyright in all artistic and literary works authored by Number One Signs shall be the property of Number One Signs.
i) Warrants that the customer has copyright in or a license to authorize Number One Signs to reproduce, all artistic and literary works supplied by the customer to Number One Signs for the purpose of the order and the customer hereby authorises Number One Signs to reproduce all and any of such works for the purpose aforesaid;
ii) Hereby indemnifies and agrees to keep insured Number One Signs against all liability, losses or expenses incurred by Number One Signs in relation to or in any way directly or indirectly connected with any breach if copyright or of any right in relation to copyright in such literary and artistic works supplied as aforesaid, and;
(d) The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by Number One Signs for the purpose of the order, however the exercise of such license shall be conditional upon Number One Signs having received all monies due to Number One Signs under these Terms and Conditions.
(e) Artwork, images and copy supplied by the customer, will be the customer’s own responsibility. Number One Signs will take no responsibility for copyright issues regarding such artwork, images and copy. The customer is responsible for all trademarks, service mark, and copyright.
Graphic Design Process
To commence the design process, customer will be required to return the graphic design request form via email or fax to Number One Signs.
(a) The designer will only proceed upon receipt of signed approval of the quotation and approval of graphic design agreement
(b) Full payment is required after artwork proof is confirmed by customer
(c) It is the customer’s responsibility to check artwork proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. The designer is not liable for errors and omissions
(d) Assuming all aspects of the customer’s brief are met; the customer is permitted to make three additional changes, free of charge. Anything after this may incur an additional fee per change (please note that if the changes differ greatly from the original request, a new design fee may be issued instead, based on the complexity and time it will take to complete). All additional changes requested after artwork confirmation may incur the Number One Signs Standard Administration fee and additional design fees. A new quote and updated target date will be submitted to the customer outlining the additional changes
Errors and omissions
It is the customer’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Number One Signs will not be liable for any errors and/or omissions after the artwork has been confirmed.
All amendments must be confirmed via email or fax, Number One Signs will not accept any amendments verbally.
Orders will only be processed after the artwork and payment has been confirmed. Artworks must be confirmed in writing via email or fax. Production schedule will be based on the artwork/payment confirmation date. Confirmation of artwork constitutes confirmation of all job specifications, quantities, sizes, colours and any other details of the order. Any alterations or amendments requested after artwork confirmation may be refused by Number One Signs or be subject to Number One Signs standard administration fee
Additional editing and changes
(a) Assuming all aspects of the customer’s brief are met, the client is permitted to make 3 additional minor changes free of charge. Anything after this may incur additional fee/s.
(b) If the changes differ greatly from the original request, a new design fee may be issued instead, based on the complexity and time it will take to complete.
(c) All additional editing and changes requested after artwork confirmation, Number One Signs standard administration fee and extra design fees may apply, plus a new quote and amended schedule submitted to the customer for the additional changes.
If the customer wishes to cancel the job:
(a) Any changes after artwork and payment confirmation will incur Number One Signs standard administration fee
(b) After design agreement is signed off – 80% of full design fee must be paid
(c) After design proof is sent - Full design fee must be paid
The customer must not share ideas communicated by Number One Signs without Number One Sign’s written consent. Ideas must remain confidential at all times.
(a) Any disputes and or claims must be submitted to Number One Signs within 7 (seven) business days from the date of receipt. Claims submitted after 7 (seven) business days, Number One Signs has the right to refuse the claim
(b) Any warranty claim must be submitted in writing to Number One Signs. Claims not supported by photographs that clearly show the product, where and how it was installed; Number One Signs may not be able to accept the claim
(c) Evidence of all components regarding warranty claim to be provided, partial evidence will only facilitate partial warranty
(d) If any of the products are delivered damaged or defective, then Number One Signs shall not have any liability, unless the customer notifies Number One Signs in writing via email within 7 (seven) business days from the date of delivery
(e) Number One Signs will not take any responsibility for work done by third party(s). After installation done by third party(s), Number One Signs may not be able to accept claims for the goods
(f) Number One Signs will not warranty any materials used or installed that do not meet recommended usage guidelines. Number One Signs will not accept liability for failure of products where a full site inspection has not been performed and broad descriptions of requirements were provided by the client.
(g) Number One Signs shall not be liable in respect of any claim, unless the aforementioned requirements have been complied with, except in any particular case where the customer proves that
(i) it was not possible to comply with the requirements and
(ii) Advice (where required) was given and the claim was made as soon as reasonably possible.
Number One Signs makes every effort to display as accurately as possible.
(a) Number One Signs will not take any responsibility on colour discrepancies between artwork supplied and the actual printed order, if the customer does not request and pay for the colour matching service and/or test prints
(b) Number One Signs will not take any responsibility on colour discrepancies for artworks done on different materials, different goods, different time frames
The “website” refers to Number One Signs official website www.signshoponline.com.au.
The website is updated regularly but information can change quickly and no member of Number One Signs guarantees its accuracy at any time. Number One Signs will not be liable for any loss of information incurred from the website, including data corruption from downloads. Information on the website is not financial advice – customer should obtain advice before making any decisions based on the information found on the website.
Number One Signs have detailed a range of products and prices on the website. Although the prices are correct at the time of printing, they are indicative only, as prices and stock may vary from time to time. Number One Signs advises customers to contact Number One Sign’s Leichardt Sales Office or Melbourne Sales Office for further information about prices and product availability.
(a) Number One Signs does not take responsibility for other websites, whether or not linked, or any devices used to access or view the website
(b) Number One Signs does not accept any responsibility for price variations or errors, availability or quality of products. No responsibility is accepted by Number One Signs for the accuracy of any statement or advice contained in the text or advertisements or the accuracy of any prices quoted.
(c) Number One Signs website has been prepared under Australian law. Nothing it states constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
By accessing the website, the customer is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and the customer agrees to accept responsibility for all activities that occur under their account or password. Number One Signs reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Copyright & Intellectual Property
All subjects included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property or intellectual property of Number One Signs or its content suppliers; and protected by Australian Copyright and intellectual property laws
If Number One Signs has to obtain goods (including typefaces, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by Number One Signs but obtained from a third party in order to carry out the customer’s instructions.
(a) Number One Signs will not be liable for any breach of these Terms and Conditions if that breach is a result of, or is connected with the supply of, by the third party of such goods and/or services.
(b) Number One Signs acquired such goods and/ or services as the agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to supply of those goods and/ or services must be made directly against the third party
(c) The customer must pay for such goods and or services
(d) Property in any such goods obtained from a third party and incorporated into the goods passes to Number One Signs at the time of incorporation.
Material supplied by customer
If Number One Signs and the customer agree, the customer is responsible for supplying materials or equipment for the purpose of the order:
(a) Number One Signs will not normally count or check the material and if requested by the customer to do so may charge for counting or checking
(b) Number One Signs will not be responsible for any defects in the goods which are caused by defects in or the unsuitability of materials or equipment supplied by customer.
(c) Property in any materials supplied by the customer an incorporated into the goods passes to Number One Signs at the time of incorporation
Property left with Number One Signs
If the customer leaves property in Number One Sign’s possession without specific instructions as to what is to be done with it, Number One Signs may, 3 (three) months after gaining possession of the property, dispose of/or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
Responsibility to insure
Number One Signs has no obligation to insure any property of the customer in Number One Sign’s possession. The customer must pay the cost of any insurance arranged by Number One Signs at the request of the customer.
Electronic/ magnetic media
All disks, tapes, compact disks or other media (other than media supplies by the customer) used by Number One Signs to store data for the purpose of completing the order are property of Number One Signs. All artworks will be archived for 1 year from the date of receipt. Number One Signs standard administration fee may apply for retrievals more than two years. Number One Signs will not keep any hard copies, but only digital copies.
Storage of electronic data
Number One Signs will not be responsible for storing any data on disks, tapes, compact disks or other media when the order has been completed. If Number One Signs agrees to store such data, Number One Signs may charge for doing so. The customer should not assume that Number One Signs will maintain the only working copy of their artwork or designs, additional measures should be taken by the customer to protect the integrity of their artwork and designs.
A power or right is not waived solely because the party entitled to exercise that power or right, does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Credits offer, must be redeemed within 90 (ninety) business days from the date of issue. After 90 business days, the credit will expire and become invalid.
(a) Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, if that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
Governing law and jurisdiction
These Terms and Conditions are governed by the law in force in the state or NSW and the parties submit to the non-exclusive jurisdiction of the courts of that state or territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.
Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via Number One Sign’s website.
GOODS AND SERVICES TAX
All amounts are GST inclusive amounts
Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.
Out of pocket expenses are GST inclusive
All out of pocket expenses referred to in these terms and conditions are GST inclusive.
Installation Request Forms
The customer is required to complete Forms A (Installation Summary), B (Mock-up) & C (Media Selection Form) along with a minimum of 5 (five) complete installation site photographs and send back to Number One Signs.
Any disputes and or claims must be submitted to Number One Signs within 5 (five) business days from the installation date. Claims submitted after 5 (five) business days from the installation date, Number One Signs has the right to refuse the claim and may treat the job as completed.
If an initial site inspection is not requested, it is the customer’s responsibility to provide accurate details including precise measurements to Number One Signs. Number One Signs has the right to reject the installation upon arrival if the installation requirements have not been met. Payment will still apply for the installation if the installation cannot proceed for reasons outside the control of Number One Signs.
Rescheduling may apply if weather conditions are dangerous to the installer.
Payment & Other Charges
All installation jobs must be paid in full before the job will move into production, except where the client has credit arrangements with Number One Signs. Changes on confirmed installation date may result in a $200 site attention charge and Number One Signs standard administration fees.