Terms and Conditions for the Sale of Goods with Promoco Promotional Logistic Group (Image Collection, Agrade, Promo Water & High Caliber Line):
These Terms and Conditions form a contract between the customer and Promoco Promotional Logistic Group that apply to the ordering, purchase, fulfilment and delivery of goods from Promoco Promotional Logistic Group or one of its agents/brands. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service team.
The following definitions are used in these Terms and Conditions.
- Business Days means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
- Delivery Address means the address to which the Goods are to be delivered as stated on the Acknowledged Order confirmation provided to you.
- Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
- Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
- Price means the purchase price of each Good as specified on the Website.
- Freight means the fees charged by Promoco Promotional Logistic Group for the delivery of Goods.
- GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Goods means the items offered for sale, described or displayed on the Website.
- Order means a request by you to purchase Goods from Promoco Promotional Logistic Group in accordance with these Terms and Conditions.
- Website means www.promobrands.com.au
- We, Us, Our or Factory means Promoco Promotional Logistic Group Pty Ltd.
- You, Your or Customer means you as the purchaser of Goods from Promoco Promotional Logistic Group pursuant to these Terms and Conditions.
- Terms and Conditions means these terms and conditions, as amended from time to time.
Compliance with Terms and Conditions:
You agree to be bound to these Terms and Conditions when you submit an Order. Each order you submit will generate an Acknowledged Order confirmation. Each confirmation will be a separate and binding agreement between you and Promoco Promotional Logistic Group with the respect to supply of goods, in accordance with these Terms and Conditions.
All purchase orders (PO’s) must be in writing on customer’s official PO form or company letterhead. The PO must include the customer’s name, address, phone number, item number/name, unit price, item colour, imprint colour/colours, quantity, production service (if applicable), ship method, ship to address, ship date, in-hand date (date of event etc), promotional discounts and any other applicable information. If there is not a price on the Purchase Order, 3 Day Standard Service pricing will be used. Please include print ready vector artwork attached with your Purchase Order. All colours must exist as separate layers. All text will need to be outlined. If the artwork submitted is not usable, your order will be placed on hold until print ready artwork can be supplied. It is important to note that custom PMS colours apply to ink printed onto white paper and may vary in appearance up to 1 to 2 shades depending on the type/colour/texture of the material they are printed on. It is unavoidable and not considered any defect or error. Please note that incomplete orders or missing any of the above-mentioned information will only be held for a maximum of 72 hours. Any order with missing information after 72 hours will automatically be cancelled and will need to be resubmitted, no exceptions. Stock holds are only valid for 24 hours without a purchase order and will automatically be cancelled after 48 hours without notice.
Minimum Order Value Requirements and Below Minimum Orders:
All orders approved and accepted under the minimum quantities posted on our websites will incur $60(G) minimum surcharge, no exceptions. The policy for below minimum orders is 50% of the first column listed (i.e. if the first column shows 100 you can order a minimum of 50 with the above surcharge). Some items cannot be ordered below our posted minimums so please do confirm your order with our customer service team prior to submission. All orders must have a minimum subtotal of $187.50(G) to be accepted, no exceptions. Minimum surcharges and subtotals apply to all orders including unbranded stock.
Sample Request Information:
Samples valued up to $12.50(G) are provided free of charge and free of freight, for a reasonable quantity, as determined by customer service. We highly encourage requesting a sample before your order is placed to ensure you and your customer are happy with the quality and look of the product. Samples valued above $12.50(G) will be charged at the first column rate plus any applicable shipping costs. Samples are non-refundable and cannot be returned for credit. Sample kits are also available upon request. Pre-production samples are available with decoration for $162.50 (G), plus the cost of the item, and applicable shipping costs.
Promoco Promotional Logistic Group has three service options available when ordering, 3 Day Standard, 10 Day Service and Rush Service. The service you are ordering must be clearly stated on your purchase order. Please note on 10+ Day service, some of these services are provided factory direct and can be impacted by national holidays in other countries. To ensure your order is delivered in time please call customer service to confirm prior to placement. As 3 Day is our standard service, it will automatically be applied to purchase orders which do not specify a production service regardless of requested shipping dates and/or pricing listed on the order.
Order Acknowledgement Confirmations:
After your order is processed you will receive an Order Acknowledgement from our team. The Order Acknowledgement acts as a binding agreement between you and Promoco Promotional Logistic Group. Please note that any changes to pricing, instructions, and details must be made at this time to avoid delays. When you approve an art layout the agreement clearly states that you have received your Order Acknowledgement, have read our Terms and Conditions and are approving the Art Layout. From that point you have confirmed everything is correct for production and claims or adjustments made after that will not be accepted.
Any special requests, delivery labels or documents, special contact information etc. must be clearly stated on your Purchase Order. Please do not include important order instructions in the body of emails and/or in other correspondence as this information may be missed. Information and instructions not clearly stated on a Purchase Order will be considered non-essential and we will not be responsible for special requests or instructions that are not part of the official Purchase Order received.
Changes to Orders:
Changes to the PO must be made in writing and must be approved by the factory prior to the changes becoming effective. Submitting a request without any confirmation by the factory will not be considered a valid change and customer will be billed for the original order. Customer is responsible for any and all incurred costs prior to change approval. If customer does not receive a confirmation of the change it may not have been received or approved. Changes made to orders after proof approval will have their production timelines reset, as any change made at this stage requires the order to be pulled from production. The only exception to this is changes in a delivery address. We highly recommend checking all details connected to your Purchase Order prior to placing it.
Cancellation requests must be in writing. Some orders may not be cancellable, dependent on whether production or shipping has commenced. The customer is responsible for any incurred costs such as set ups, printing, proofs, artwork, packaging and any other expenses incurred by the factory. There will be a charge of 20% of the item cost with a $60(G) minimum restocking charge for blank items plus all applicable return freight costs.
Refer to our production times for our range of rush services. From time to time, the factory may need to switch carriers in order to ship on time. Production time starts after all approvals have been received by factory, including credit, print ready art, paper proofs and pre-production proofs. Rush orders have firm requirements and guidelines that are as follows. Please note that, failing to follow these requirements may result in delays with your order. Please make sure before ordering that the product has the 24 HOUR RUSH Logo showing on the website because all the products are not available on this service. Do check stock to ensure the inventory is available for your order or not. Min/Max quantities for rush ordering are shown on the item’s page under Rush Pricing, and these are the only quantities that can be delivered under this service. Rush production is limited to 1 colour and position imprinting (unless otherwise noted). Order and artwork must arrive by 10 am the day prior (all order details must be complete and artwork must be in a useable vector format). Art layout must be approved by 1 pm the day prior to the anticipated dispatch date. Completed orders will ship the next business day, by end of day, and can’t be shipped via third party freight. Please contact us for requests outside of the guidelines for preapproval before submitting an order. Prepaid accounts must also include payment at time of order.
Repeat set up charges are $45(G)/colour/location (unless otherwise listed) for all in stock orders with identical art to the previous order. Overseas orders may have higher repeat set up charges, please check with your customer service representative prior to placing an order. Repeat set up charges are free from any other supplier. Simply show that an order has been produced previously with another supplier and we will renounce the set-up charges for that order. Please note that for exact matching of a previous order customers are encouraged to send in a sample for matching (as printing/material shades can alter from order to order). Artwork will be kept on file for 24 months. Orders after 24 months will be treated as a new order. All repeat orders require proof approval, and are re-setup electronically when placed. It is important to proof these orders carefully to ensure the layout is correct.
Unbranded orders require approval of an Order Acknowledgement before dispatch. You will receive this after your order is placed and must electronically sign it before you order can be picked from inventory. While most unbranded orders are dispatched within 24 hours, failure to approve the Order Acknowledgement and/or issue prepayment (as applicable) will result in delays.
Inventory stock is on a first come first serve basis. Prior to submitting a PO, always call to check available inventory or visit our website for Inventory numbers. Inventory cannot be placed on hold for more than 48 hours without a confirmed purchase order and artwork.
You may request a hold be placed on inventory for 24-48 hours. All hold requests must be submitted in writing to our customer service team. Please note after 48 hours the hold will be canceled without notice.
From time to time Promoco Promotional Logistic Group will run sales promotions on certain items. Every promotion has a corresponding promotional code that must be reference on your Purchase Order. Promotional discounts cannot be retroactively applied to orders in production and orders that have been invoiced. Please make sure to include the promotional code when ordering and if you are unsure of our current promotions please contact customer service before placing your order.
Due to currency and material fluctuations, prices are subject to change without notice. We are not responsible for incorrect pricing, production times and, or descriptions found on 3rd party databases, websites, flyers or catalogues. Prices on our website supersede all pricing, published or otherwise posted. The factory’s current catalogue supersedes all other publications.
In accordance with Australian Goods & Services Tax laws goods shipped in Australia will be charged GST. Please contact our Accounts department prior to ordering for instructions on how you may qualify for an exemption from the tax.
An additional fee of $80(G) per hour will be applied for artwork changes such as recreation, clean up and redraw. The first 2 art layouts (proofs) are free of charge and then $25.00(G) per revision thereafter. The only exception is when our art department has missed an instruction provided on your Purchase Order.
Artwork Sign Off/Proof Approval:
We make every possible attempt to draft artwork as instructed, but human error and technical errors can occur. So it is the customer’s sole responsibility to review the final artwork layout and approve it for production. The factory will not be held responsible for errors in artwork layouts that have been reviewed and approved by the customer.
Docu-Sign and Our Three Points of Approval:
Prior to production, a final approval request is sent through our Docu-Sign Signature system. By signing through Docu-Sign you are acknowledging the following three points of approval. First, that you have received your Acknowledged Order confirmation and agree with the pricing, details, delivery and anticipated dispatch date. Second, you have read our Terms and Conditions and agree to accept them. Third, that you are approving the final art layout attached to the Docu-Sign, and confirm your understanding that all production times begin after approval. You will receive a production notification after final approvals are received with a revised anticipated dispatch date (as applicable).
Once your Order Acknowledgement and Art Layout have been approved you will receive a Production Notification with an anticipated dispatch date shown. While we strive to ship every order on the anticipated dispatch date, the date is only an approximate shipping date based on the service level you are ordering with. If you have a critical delivery date (In Hands) it must be clearly stated on the purchase order so that this information can be correctly conveyed to our production team.
Dispatch notifications are sent every evening after hours. Notifications go out for all orders dispatched on the same day and include an image of the decorated item, address confirmation, and tracking details. On occasion, an image will be missed or a dispatch notification may fail to send, and we apologise in advance for any inconvenience caused due to this error. If you do not receive a dispatch notification, please contact customer service for tracking details.
The customer is responsible for all shipping charges FOB Sydney, Australia, as applicable. Shipping instructions, shipping method, delivery address and requested dispatch date must be included on the PO. Please note our processing team schedules orders off the service level requested and/or a requested dispatch date. It is the customers’ responsibility to check the anticipated transit times with couriers before placing an order. All delivery times provided by couriers are estimates unless an express service is requested and paid for. Changes to shipping instructions must be in writing, approved by the factory and submitted at least 24 hours prior to ship date as factory may ship early. We will not be responsible for delays or additional charges for any unapproved changes. The factory may ship orders out prior to customer’s requested ship date without notification to the customer. Orders are not insured unless requested on the PO or in writing (please note this request will incur any applicable courier insurance costs associated). All orders become the customer’s property upon factory’s delivery to the carrier as shipments are FOB Sydney. Customers should file claims with the carrier for any delayed, lost or damaged shipments. The factory will be happy to assist with this process, but the customer must initiate this process within 14 days of shipment. If requested our customer service team will open an investigation ticket with the shipping carrier, and provide your contact details for notifications and follow up. It is the customer’s responsibility after the initial investigation has been opened to follow up with the carrier for additional updates and information. Delays caused by a carrier are not the responsibility of the factory and no refunds, credits or returns will be given to customer due to carrier issues.
Promoco Promotional Logistic Group Flat Rate Shipping Program:
Flat-Rate shipping is eligible for all products in the catalogue (at catalogue quantities only) except Bottled Water. Flat-Rate shipping is $18.75(G) per shipment to any one mainland location in Australia via road service (chosen by the factory). Flat-Rate shipping does NOT apply to split shipments going to more than 3 locations. If you are split shipping to more than 3 locations the first 3 locations will have the Flat Rate of $18.75(G) applied (per shipment) and the remaining will be billed at standard freight costs: FOB Sydney, Australia. Flat-Rate shipping does NOT apply to offshore/indent orders.
Title/Ownership of Shipments:
Title passes when products are transferred to a common carrier (StarTrack, DHL, TNT, Direct Freight, Border Express or any other method of transport).
Different common carriers (StarTrack, DHL, TNT, Direct Freight or any other method of transport) ALWAYS require a Company Name, Contact Name, and Phone Number for delivery. The factory requires that all this information be included when submitting your purchase order or the delivery address may be listed as TBA. These requirements are at the discrepancy of the carriers and the factory cannot be held responsible for delays in delivery resulting from this information not being accurate. Orders marked TBA will be delayed at dispatch until accurate delivery information is provided. Please note after 72 hours all pending shipments will be sent directly to the distributor using the address on file.
Special Packaging and Fulfillment:
Factory has a full-service fulfilment facility. Call for quotes on all special packaging and fulfilment services. There will be a $22(G) per pallet charge for palletising.
The Factory reserves the right to ship via the carrier of their choice, at customer’s expense in order to meet the customer’s in hands date. To ship via Australia Post Service or any other carrier will require an additional 2 business days and a fee of $32(G)/per order.
Billing to Customer or Third-Party Account:
Upon request, factory will attempt to bill shipping to a customer’s account. If the customer refuses the charges, the carrier will typically bill back the charges to the factory. In this case, factory will invoice the customer for the shipping charges plus a $32(G) service charge. If customer’s account is invalid, incorrect or factory fails to use customer’s account for any reason, factory will ship on factory’s account and invoice customer for the shipping charges. Customer will be obligated to pay these shipping charges. Any order not shipped on factory’s account will be charged $2.50(G)/box, up to a $12.50(G) maximum charge for handling.
For split shipments to more than three locations, a split shipment charge of $6.50(G)/per location will apply for additional locations. Additional charges may apply for some split shipments, please call customer service for details. Special offers and free freight programs do not apply to split shipment requests and will be billed at the individual split rates.
Miscellaneous Shipping Information:
If a delivery address is not included on the PO, the factory will hold shipment of the order for up to 72 hours before shipping via ground service directly to the distributor’s address on file. The customer is responsible for any additional freight charges caused by address changes, residential service, re-routed packages, returned packages and/or other adjustments made by the carriers. These additional freight charges will be invoiced to the customer in a supplemental invoice 15-60 days after the shipment. Carton weights are calculated by volume – not net weight.
Overruns and Under Runs:
We reserve the right to over ship or under ship up to 5% and invoice accordingly. For exact quantity shipments, add an exact quantity fee of $32(G). The factory will not be liable for reproducing additional units of stock that fall within this policy. If exact quantity of goods is needed this must be specified clearly on the Purchase Order.
Caused by natural catastrophe, war, acts of terrorism or carrier delay is not our responsibility.
A request for a return for credit or refund must be in writing, state the specific reason for the return to be submitted within 14 calendar days of the invoice. We highly encourage our customers to adopt this policy with their clients to ensure all orders are inspected upon receipt. The factory may reject claims made after the 14th calendar day. Refusing, abandoning or sending back a shipment without approval does not constitute approval by the factory. When approved, returned products must be in the same condition as when they left the factory and any approved return will only be considered based on the quantity returned. Contact a customer service representative for a return authorization number. See order cancellations for applicable fees. Please note customers are responsible for arranging returns to the factory.
All returns will be inspected by our Quality Control Team upon receipt. All claims must be confirmed by our Quality Control Team before we can issue any applicable credits/refunds/discounts. Please note that if a returned order passes Quality Control, the order will be shipped back out and new freight charges may be applied.
In the unfortunate event that you or your customer is not happy with an order please contact our customer service team. Please note as mentioned above that there is a 14 calendar day window to report discrepancies or disputes with an order you and/or your customer has received. After the 14th Calendar day, we will assume the order has been received and accepted as it is. When contacting customer service please provide as much detail as possible in relation to the difference/clash, dates/times, pictures etc. The information will be used to investigate and respond as quickly as possible with resolution options. Please note that once a resolution is provided, agreed and executed as planned it cannot be adjusted.
Merchandise and catalogue programs are always welcome, please contact customer service for details. All requests must be in writing.
Terms should be arranged prior to submitting an order. Depending upon the creditworthiness, credit terms may or may not be extended. Contact the Accounts department for details at (Email Address). Generally, terms will be considered after 3 transactions. Customers who do not maintain timely payments may risk being removed from Rewards programs and access to our specials and discounts. Please note if your account is set up for prepayment, the payment must be received before your order can go through the art department for proofing. Delays in payments will create delays in your timing, so please make sure to arrange it quickly.
Catalogue & Website Photography (Depictions of items in general):
The product photography, artwork, designs and trademarks imprinted on the products displayed herein are reproduced only as examples of the type of decorated products available. They are not intended to represent that the products are either endorsed by or produced for the owners of the artwork, design or trademark. Any unauthorized use of images or any material in the current catalogue without prior written consent is prohibited. Products shown in our catalogue or on our website may vary slightly from actual products due to material availability, factory improvements and/or movement from one source to another. Variations can also occur from inherent limitations in photography, film separations and printing. We strongly recommend requesting a sample prior to placing an order if your customer has very specific expectations. You may also contact our team for an image from current stock prior to placing your order. Slight variations in products are not considered defects and are a result of mass production, availability, and current sources.
Social and Applicable Product Compliances:
The factory and its manufacturers shall comply with all applicable national, state, industry standards, provincial and local laws and regulations, UN Conventions, and any other requirements that pertain to product manufacturing, employment practices and product safety.
Warranties you make to Promoco Promotional Logistic Group:
You represent and warrant to Promoco Promotional Logistic Group that:
- All information and data provided by you to us is accurate, complete and up to date.
- Any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
- In placing your Order, you have read and agree to these Terms and Conditions; and
- In placing your Order, you complied with all Laws.
- You agree to indemnify us for any loss or damage suffered if you breach these Terms and Conditions.
Promoco Promotional Logistic Group Warranties to You:
Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, under statue, tort or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken with us.
Subject to any rights you have under any consumer protection law which cannot be excluded, Promoco Promotional Logistic Group excludes, all implied terms and warranties whether statutory or otherwise relating to the Promoco Promotional Logistic Group business or any subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Promoco Promotional Logistic Group reserves the right to terminate your account and access to and use of the Website immediately, at its discretion:
- If Promoco Promotional Logistic Group reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
- If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
Security and Viruses:
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
Promoco Promotional Logistic Group reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Promoco Promotional Logistic Group with respect to that Order. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by Promoco Promotional Logistic Group to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Promoco Promotional Logistic Group does not preclude its future exercise or the exercise of any power or right.
The laws of Sydney, Australia govern this agreement.