Terms & Conditions

What is this Agreement about and how is it accepted?

1. This Agreement applies to every contract for the sale of goods or services by Better Service to the Customer, unless Better Service agrees otherwise in writing.

2. Any written quotation provided by Better Service to the Customer concerning the proposed supply of goods or services is: (a) valid for 14 days from the date of the quotation; and (b) not an offer to sell, and no order placed by the Customer in response to any quotation will bind Better Service unless and until such order is accepted by Better Service, acting in its absolute discretion.

3. This Agreement is accepted by the Customer once the Customer places an order with Better Service for goods or services. No purported cancellation or suspension of an order (or any part of an order) by the Customer is binding on Better Service after that order has been accepted by Better Service.

4. This Agreement is accepted by Better Service when Better Service confirms its acceptance of an order in writing or electronic means or provides the Customer with the goods or services. All quotations are subject to withdrawal or variation by Better Service at any time prior to Better Service’s acceptance of an order by notice in writing to the Customer.

What is the pricing structure for goods and services?

1. Prices quoted, whether in a price list, by written quotation or verbally, for the supply of goods and services, include GST and any other taxes or duties imposed on or in relation to the goods and services. The Customer must pay such GST, taxes or duties.

2. Better Service reserves the right to charge for the cost of delivery as specified at time of order confirmation.

3. Quotations are based on the cost of production prevailing at the date of the quotation, and are subject to variation on or after acceptance of any order placed in reliance upon such quotation, to meet any rise or fall in such costs incurred, including a request from the Customer to vary the order. Better Service will notify the Customer of any such variation.

What are the payment terms for goods and services?

1. Better Service’s standard payment option is pre payment in full, prior to the commencement of any print work or services. 

2. Better Service accepts payment by Visa, Mastercard or PayPal without penalty fees.

What happens if there are delays in delivery of goods and services?

1. Any period or date for delivery of goods or provision of services is intended as an estimate only and is not a contractual commitment. Better Service will use its reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.

2. If, through circumstances beyond Better Service’s control, Better Service is unable to effect delivery or provision of goods or services, then Better Service may cancel the Customer’s order (even if it has already been accepted) by notice in writing including electronic means to the Customer.

Can the Customer return or exchange the goods or services?

1. Descriptions, illustrations and material contained in catalogue, price lists, brochures, leaflets, specification sheets or other descriptive materials:
(a) While every effort is made to ensure their accuracy, the descriptions, illustrations and material contained in any catalogue, price list, brochure, leaflet, specification sheets or other descriptive materials provided by Better Service to the Customer represent the general nature of the items described therein and do not form part of any order or agreement and do not constitute a representation or warranty made by Better Service.

2 Artwork:
(a) Better Service reserves the right to modify the design, drawings or specifications supplied to Better Service by the Customer which do not materially affect the quality or usage of the goods by the Customer, without notice.
(b) All prices quoted are for the supply of Better Service specified print ready artwork. Should any artwork corrections be required Better Servicereserve the right to make such alterations and request subsequent approval from the Customer to proceed to print. Any charges be associated for this artwork correction may be passed to the Customer, subject to prior notification.
(c) Better Service cannot ensure an exact match in colour or texture between the Customer’s artwork (including electronic graphic files or previously printed materials or any other materials supplied by the Customer) and the final delivered goods. The Customer acknowledges and accepts that there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes.
(d) The Customer acknowledges that trimming may vary by up to 1 millimetre from the proof, specification or print job to print job and that such variation will not constitute a fault in the print job.
(e) Whilst every endeavour will be made to deliver the correct quantity of print items ordered, due to the difficulties of producing exact quantities, Better Service shall not be liable for delivering incorrect quantities and there will be no adjustment in the price if the quantity variation does not exceed 10% of the quantity specified in the order. The Customer’s remedy, at Better Service’s sole discretion, will be either a refund of monies paid for the shortage on a pro rata basis or a re-print of the shortage quantity to be undertaken by Better Service within a reasonable period of time.

3. General:
(a) Better Service will not be liable for any defect in the goods manufactured or supplied by Better Service which are based in whole or in part upon any designs, drawings or specifications supplied to Better Service by the Customer.
(b) Subject to clause 3(a), Better Service will not be liable for any defects, shortages, damage or noncompliance with the specifications in the Agreement unless the Customer notifies Better Service in writing with full details within 7 business days of delivery of the goods or provision of the services.
(c) If the Customer does not give the notice as required in clause 3(a), the Customer is deemed to have accepted the goods or services.
(d) Subject to clause 2(d), when any defects, shortages, claim for damage or noncompliance with the specifications in the Agreement is accepted, Better Service may, at its option, replace the defective or missing goods or re-supply the services.
(e) Better Service will not accept goods for return that have been altered in any way or have been used.
(f) Unless Better Service reasonably agrees that the defects, shortages, damage or non-compliance referred to in clause 3(a) is due to Better Service’s fault, the Customer must pay all freight charges associated with the return of goods.
(g) Where delivery is requested by the Customer, to be left at an unattended address, Better Service will not accept liability for any subsequent issues arising from that delivery. This clause does not affect any other rights pertaining to the goods noted within these terms and conditions.

Who owns the intellectual property associated with the goods and services?

1. Any Better Service Materials (and the Intellectual Property subsisting in the Better Service Materials) provided to the Customer by Better Service in connection with the goods and services remains Better Service’s exclusive property and the Customer acknowledges that the Customer has no proprietary right or interest in the Better Service Materials or Better Service’s Intellectual Property.

2. All Better Service Materials and Better Service ’s Intellectual Property must be returned to Better Service on demand and the Customer must not: (a) copy or disclose any Better Service Materials or Better Service’s Intellectual Property to any third party without Better Service’s express written consent; (b) create, sell, manufacture or process any goods or services which use or take advantage of any Better Service Materials or Better Service’s Intellectual Property.

3. Where the Customer provides its own materials, data or information including literary and artistic works (Client Materials) for use by Better Service to fulfil any order, the Customer warrants that:
(a) the Customer owns (or is licensed to use) the Client Materials and the Intellectual Property in those Client Materials; and
(b) the use of the Client Materials by Better Service will not infringe the Intellectual Property of any third party; and the Customer hereby grants Better Service a licence to use the Client Materials and the Intellectual Property therein:
(c) for the purpose of fulfilling the Customer’s orders and providing the goods and services under this Agreement;
and
(d) in Better Service’s promotional materials to indicate that the Customer is one of Better Service’s clients and to depict the quality and range of Better Service’s goods and services.

4. The Customer indemnifies and agrees to keep Better Service indemnified against all liability, losses or expenses incurred by Better Service in relation to, or in any way directly or indirectly connected with, the use of the Client Materials by Better Service.

5. All “works” (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials and processes developed or created pursuant to this Agreement and any Intellectual Property therein:
(a) are hereby vested in Better Service as and when such rights are brought into existence;
(b) are agreed to be the absolute and exclusive property of Better Service;
and
(c) to the extent necessary, are hereby assigned absolutely to Better Service.

Better Service’s liability to the Customer

1. Except as specifically set out in this Agreement any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.

2. Better Service’s liability for:
(a) a breach by Better Service of any term of this Agreement;
(b) a breach by Better Service of any condition or warranty implied in this Agreement;
(c) the cancellation or suspension of supply of goods or services by Better Service; or
(d) any loss or damage suffered or incurred by the Customer or any third party howsoever arising under or in connection with this Agreement is limited to the replacement or the re-supply of the goods or the re-supply of the services.

3. Better Service will not be liable for any indirect, special or consequential loss or damage suffered or incurred by the Customer or any third party, howsoever caused, including loss of turnover, profits, business or goodwill.

4. Nothing in this Agreement is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

What are each party’s privacy obligations?

1. Better Service is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed and transferred in accordance with the Privacy Act 1988. Such information may be accessed by request to Better Service in accordance with the Privacy Act 1988.

2. The Customer must comply with the Privacy Act 1988 in connection with any personal information supplied to the Customer by Better Service in connection with this Agreement.

Can this Agreement be terminated?

1. Better Service may, at its option, immediately terminate this Agreement upon notice in writing:
(a) In accordance with section What are the consequences of non-payment by the Customer? clause 1 (d);
(b) where the Customer has breached any term or warranty in this Agreement and fails to rectify such breach within 7 days of being provided with a notice from Better Service requesting such rectification;
(c) where the Customer is an individual, and the Customer becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally; or
(d) where the Customer is a corporation, an Insolvency Event occurs.

2. Upon termination of this Agreement, any outstanding fees or charges under this Agreement will become immediately due and payable by the Customer.

Miscellaneous

1. The laws of New South Wales, Australia govern this Agreement and the parties agree to the nonexclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.

2. Failure by Better Service to enforce any terms of this Agreement shall not be construed as a waiver of any of its rights.

3. If any term of this Agreement is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from this Agreement without affecting the enforceability of the remaining terms.

4. This Agreement constitutes the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties, whether orally or in writing.

5. A notice provided under this Agreement must be in writing and handed personally or sent by email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by email are deemed received on the date and time the email is transmitted. 

6. In this Agreement, unless the context clearly indicates otherwise:
(a) “Agreement” means this agreement entered into for the provision of goods or services by Better Service to the Customer and includes any document which varies, supplements, replaces, assigns or novates this agreement;
(b) “Customer” means the person to whom any quotation is made and shall include any person contracting or offering to contract with Better Service in accordance with this Agreement;
(c) “goods” means any goods provided to the Customer by Better Service or procured by Better Service for the Customer and includes printing proofs (both conceptual and final), and any printed material or artwork;
(d) “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
(e) “Insolvency Event” shall occur when;
(i) an application or order is made, a resolution is made or proposed or other steps are taken for the winding up, liquidation (including provisional liquidation), dissolution, official management or voluntary administration of the Customer (other than a voluntary liquidation for the purpose of amalgamation or reconstruction);
(ii) the Customer enters into any arrangement, compromise or composition or assignment for the benefits of its creditors or any class of them;
(iii) the Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its assets other than in the ordinary course of business;
(iv) the Customer is or is deemed unable to pay its debts as and when they fall due, or stops or suspends the payments of its debts; or
(v) a liquidator, provisional liquidator receiver, a receiver and manager, administration or other officer is appointed to the Customer or any part of its property, or a third party attempts to levy execution against the Customer’s property or the goods.
(f) “Intellectual Property” means copyright, patents, designs or trademarks (whether registered or unregistered), rights in confidential information (including trade secrets and know how), and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, whether conferred under statute, common law or equity;
(g) “services” means the provision by Better Service to the Customer of any services including graphic design and printing; (h) “Better Service” means Batt Industries Pty Ltd (ABN 37 118 647 117) Trading as Better Service of 29 Smith Street, Parramatta, NSW, 2150;
(i) “Better Service Materials” means all “works” (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials, specifications and processes owned by or licensed to Better Service;
(j) a reference to legislation or a legislative provision includes any statutory modification, or substitution of that legislation or legislative provision;
(k) a reference to a person includes a natural person, corporation, statutory corporation, partnership or any other organisation or legal entity;


(l) a reference to a natural person includes their personal representatives, successors and permitted assigns;
(m) a reference to a corporation includes its successors and permitted assigns;
(n) an obligation or warranty on the part of 2 or more persons binds them jointly and severally and an obligation or warranty in favour of 2 or more persons benefits them jointly and severally;
(o) including and includes are not words of limitation;
(p) a reference to a time is to that time in New South Wales, Australia;
(q) monetary amounts are expressed in Australian dollars;
(r) the singular includes the plural and viceversa
 

Batt Industries Pty Ltd (ABN 37 118 647 117) Trading as Better Service of 29 Smith Street, Parramatta, NSW, 2150