TERMS & CONDITIONS
- Application: These terms and conditions apply to and form part of any contract for the supply of goods and/or services by MouseMatters.com Pty Ltd (Company) to any person (Customer). Where a Customer requests the Company to provide goods or services, the work required to be done by the Company to fulfil the Customer’s instructions is referred to in these terms and conditions as an Order.
(a) The Company may, if requested by the Customer, provide the Customer a quote specifying the work required to be done in order to fulfil the Customer’s Order and an estimate of the Company’s charge for the performance of such work (Quote). The Quote is final and is a binding document once the Customer has completed, signed and returned the document to the Company.
(b) Where the Company has given the Customer a Quote the Company will not commence work until the Quote has been accepted by the Customer (Quote must be printed, completed, signed and returned to the Company) and acceptance by the Customer of the Quote will constitute acceptance by the Customer of these terms and conditions.
- Invoicing and charges:
(a) The Company will invoice the Customer for 50% deposit payment when an Order is received by the Company, to be paid, before production will commence. The Company will invoice the Customer for final 50% payment when an Order has been received by the Customer. Final payment is due within 14 days from invoice.
(b) 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, the Company may issue an invoice for a particular sum (to be specified by the Company) for the work already done and for other costs incurred by the Company (such as storage costs).
- Additional Charges: In addition to the fees for its services, the Company may charge to the Customer fees, charges and disbursements, including but not limited to (i) fees for any preliminary work performed at the Customer’s request, additional work required to be done as a result of the Customer changing the Customer’s instructions, performing work based on a poor copy, additional work required to be done as a result of corrections made by the Customer, including repagination or reformatting or the Customer altering the style, type or layout used by the Company, for work required to be done urgently, including any overtime costs, changing or correcting, in order to ensure that goods are properly produced, any plates, film, bromides, artwork or any document including computer files supplied for the purposes of the Order by the Customer; (ii) freight costs and charges for the delivery of goods to the Customer; and (iii) other charges, fees or disbursements referred to in these terms and conditions and not specified in this clause.
- Late Payment Charge: The Customer must pay the Company’s invoice in accordance with the payment terms set out on the invoice. Any costs incurred from chasing overdue payments will be issued to the Customer for immediate payment. The Company may charge a 10% late payment fee if the invoice is not paid in accordance with the payment terms and an additional 7% per annum interest, calculated daily.
- Guarantee: The Company will replace any mouse mats that don’t work with optical and laser mice according to the conditions below:
(a) The Company must be advised of any problems within seven working days of receipt of goods.
(b) The entire quantity of mouse mats must be returned to the Company before any arrangements are made.
(c) If found to be faulty, the Company will re-run the entire quantity of mouse mats and freight to the Customer in a timeframe specified by the Company.
(d) No changes to the artwork will be allowed.
(e) The Company may request the Customers mouse that is having problems.
- Proofs and variations in colour: If the Company submits to the Customer a proof of goods the Company will not be responsible for any errors in goods which appeared in the proof and which were not corrected by the Customer before the Order was commenced. The Company does not hold any responsibility for the variation of the appearance in colour from the front of the goods to the back of the goods and from the proof of goods to any original artwork supplied due to the surface applied. The Company will endeavour to provide a product as closely colour matched as possible to the Customer’s requirements.
- Colour matching and Proofing Process:
(a) Print colour may vary from print run to print run and/or within each job or from front to back.
(b) MouseMatters.com will reproduce colour from digital files as closely as possible, but may not exactly match colour and density due to limitations in the printing process
(c) The signing off of the proof indicates that the client has checked all components and has confirmed all is correct and ready to start production.
(d) Any changes requested the Customer after the final approval of artwork will be charged at the Customer’s expense.
- Rejection: The Customer may only reject goods if they do not comply with the Customer’s proof of goods. If the Customer wishes to reject goods, the Customer must notify the Company of the situation within 7 days of receipt of goods.
- Ancillary materials: Unless the Company and Customer agree otherwise, all material produced by the Company in the course of or in preparation for performing the Order and all media (other than media supplied by the Customer) used by the company to store data for the purposes of completing the Order are the property of the Company.
- No liability: All conditions, representations and warranties, express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise in respect of the supply of the goods and/or services by the Company to the Customer are excluded other than any Non-excludable Rights. To the extent permitted by law, the Company shall have no liability whatsoever in connection with the supply by the Company of goods and/or services to the Customer and the liability of the Company for a breach of a Non-excludable Right is limited, at the Company’s option, to the supply of the goods and/or any services again or payment of the cost of having the goods and/or any services supplied again.
- Indirect losses: despite any other provision of these terms and conditions and to the extent permitted by law, the Company shall not (whatever the cause) be liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for any increased costs or expenses, any loss of profit, revenue, business, contracts or anticipated savings, any loss or expense resulting from a claim by a third party or any special, indirect or consequential loss or damage of any nature whatsoever caused by the Company in connection with the supply by the Company of the good and/or services to the Customer, including failure to complete or delay in completing the Order and failure to deliver the goods.
- Intellectual property and Customer indemnity: Copyright in all artistic and literary works authored by the Company shall be the property of the Company. The Customer:
(a) Warrants that the Customer has copyright in or a licence to authorise the Company to reproduce, all artistic and literary works and other intellectual property supplied by the Customer to the Company for the purposes of the Order and the Customer hereby expressly authorises the Company to reproduce all and any of such works and intellectual property for the purposes of filling the Order; and
(b) Indemnifies the Company against all claims, demands, liability, losses, costs and expenses (including legal expenses) suffered or incurred by the Company in any way directly or indirectly connected with any breach of copyright, any rights in relation to copyright or of any other intellectual property rights in such literary and artistic works or their material supplied to the Company by or on behalf of the Customer.
- Force Majeure: The Company will have no liability to the Customer in relation to any loss, damage or expense caused by the Company’s failure to complete the Order or to deliver goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Company’s normal suppliers to supply necessary materials or any other matter beyond the Company’s control.
- Goods and services Tax (GST): All amounts expressed or described in these terms and conditions are GST exclusive. This includes all out of pocket expenses. The Company will take all available steps to assist with compliance of GST laws.