MyTees is A Promotional Logistics Company
Promotional Logistics ABN: 56 120 675 863
- “Seller” means MyTees, its successors and assigns or any person acting on behalf of and with the authority of MyTees.
- “Buyer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Buyer is a reference to each Buyer jointly and severally.
- “Goods” means all Goods or Services supplied by the Seller to the Buyer at the Buyer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
- “Price” means the Price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 4 below.
- The Buyer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer places an order for or accepts delivery of the Goods. Acceptance of quotation must be in written form (email, fax or mobile text). Verbal acceptance will not be accepted.
- These terms and conditions may only be amended with the Seller’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Buyer and the Seller.
Change in Control
- The Buyer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Buyer and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s name, address, contact phone or fax number/s, or business practice). The Buyer shall be liable for any loss incurred by the Seller as a result of the Buyer’s failure to comply with this clause.
Price and Payment
- At the Seller’s sole discretion the Price shall be either: (a) as indicated on any invoice provided by the Seller to the Buyer; or (b) the Seller’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
- The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested.
- At the Seller’s sole discretion a non-refundable deposit may be required.
- Payment may be made by bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent 3% of the Price, at the seller’s discretion), or by any other method as agreed to between the Buyer and the Seller.
- Unless otherwise stated the Price does not include GST. In addition to the Price the Buyer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Buyer pays the Price. In addition, the Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Time for payment for the Goods being of the essence, the Price will be payable by the Buyer on the date/s determined by the Seller, which may be:
On delivery or collection of the Goods;
Before delivery of the Goods;
By way of instalments/progress payments in accordance with the Seller’s payment schedule;
Thirty (30) days following the end of the month in which a statement is posted to the Buyer’s address or address for notices;
The date specified on any invoice or other form as being the date for payment; or
Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Buyer by the Seller.
Delivery of Goods
Delivery (“Delivery”) of the Goods is taken to occur at the time that:
- The Buyer or the Buyer’s nominated carrier takes possession of the Goods at the Seller’s address; or
- The Seller (or the Seller’s nominated carrier) delivers the Goods to the Buyer’s nominated address even if the Buyer is not present at the address.
- At the Seller’s sole discretion the cost of delivery is in addition to the Price.
- The Buyer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage.
- Any time or date given by the Seller to the Buyer is an estimate only. The Buyer must still accept delivery of the Goods even if late and the Seller will not be liable for any loss or damage incurred by the Buyer as a result of the delivery being late.
- Risk of damage to or loss of the Goods passes to the Buyer on Delivery and the Buyer must insure the Goods on or before Delivery.
- If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
- If the Buyer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Buyer’s sole risk.
- While all reasonable care will be taken by the Seller, the Seller will not be liable for any damage caused to vehicle paintwork from removal of previous decals or signage.
- When quotations are based on specifications, roughs, layouts, samples or dummies or printed, typewritten or other good copy, any extra work or cost caused by any variation by the Buyer of his original instructions or by the manuscript copy being, in the Sellers opinion, poorly prepared or by the Buyer’s requirements being different from those originally submitted or described, then the cost of such variations may be charged to the Buyer and shown as extras on the invoice.
- All work carried out whether experimentally or otherwise at the Buyer’s request will be charged to the Buyer.
- Any tabulated work and/or foreign language included in the job but not contained in the manuscript originally submitted for the purpose of estimating may be charged to the Buyer and shown as extras on the invoice.
- Unless otherwise agreed, the Buyer shall bear the cost of fonts, or colour proofs, or artwork, specially bought at its request for the works.
- Whilst every care is taken by the Seller to carry out the instructions of the Buyer, it is the Buyers responsibility to undertake a final proof reading of the art work by submission of the Seller’s ‘Proofing” acknowledgement form or online proofing mechanism. The Seller shall be under no liability whatever for any errors not corrected by the Buyer in the final proof reading. Should the Buyers alterations require additional proofs this shall be invoiced as an extra.
- Goods printed or made to special order, Buyer specification or non-catalogue items are under no circumstances acceptable for credit or return. Cancellation of orders for printed or special or non-catalogue items will not be accepted, once these orders are in production
- The Seller is under no obligation to provide samples of Goods ordered other than by virtual (computerised) sample. Whilst every effort will be taken by the Seller to match virtual colours with physical colours, the Seller will take no responsibility for any variation between virtual sale samples and either the virtual sale sample displayed on the Buyer’s computer and/or the final product. Should a physical sample be required this will be provided on request by the Buyer and will be charged for as an extra including return freight. Where possible samples may be included into a production run and where possible a credit may be given to the Buyer for the cost of the samples (excluding freight).
- While every effort will be taken by the Seller to match colours the Seller shall be under no liability whatsoever to the Buyer for any variation in colours between the final art work (or sale samples, if it is available) and the finished Goods.
- The Seller shall not be held liable for inks wearing off through general wear and tear.
- Drawings, sketches, mock-ups, proofs, painting, photographs, designs or typesetting furnished by the Seller, dummies, models or the like devices made or procured and manipulated by the Seller and negatives, positives, blocks, engravings, stencils, dies, plates or cylinders made from the Seller’s original design, or from a design furnished by the Buyer, remain the exclusive property of the Seller unless otherwise agreed upon in writing.
- Sketches, mock-ups, proofs and dummies submitted by the Seller on a speculative basis shall remain the property of the Seller. They shall not be used for any purpose other than that nominated by the Seller and no ideas obtained there from may be used without the consent of the Seller. The Seller shall be entitled to compensation from the Buyer for any unauthorised use of such sketches and dummies.
- Disks, artwork and film supplied by the Buyer and/or other authorised persons remain the property of the Buyer. Unless otherwise indicated in writing the Seller shall assume these disks, artwork and film to be duplicate copies of the original.
- Where the Seller has designed or created Goods for the Buyer then the Buyer undertakes to acknowledge the Sellers work if the designs or images of the Goods are utilised in advertising or marketing material by the Buyer.
- When style, type or layout is left to the Sellers judgement and then the Buyer makes further alterations to the copy this will be invoiced as an extra.
- Once accepted by the Buyer (written or verbal), the Seller’s written quotation shall be deemed to interpret correctly the Buyer’s instructions. Where verbal instructions only are received from the Buyer, the Seller shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.
Buyer’s Property and Material Supplied by Buyer
- Where the Buyer supplies materials, adequate quantities shall be supplied to cover spoilage. Sheets, garments and other materials shall not be counted or checked when received unless requested by the Buyer in writing. An additional charge may be made by the Seller in respect of any such counting or checking requested by the Buyer.
- In the case of property and materials left with the Seller without specific instructions, the Seller shall be free to dispose of them at the end of two months after his receiving them and to accept and retain any proceeds gained from such disposal to cover the Seller’s costs in holding and handling such items.
- Where materials or equipment are supplied by the Buyer for the provision of Services the Seller shall accept no liability for imperfect work caused by defects in, or the unsuitability of, such materials or equipment for the works.
- Any change or correction to any film, bromides, artwork and/or any printing surface supplied by the Buyer which is deemed necessary by the Seller to ensure correctly finished work shall be invoiced as an extra.
- The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Buyer by any servant or agent of the Seller and the Buyer acknowledges that the Buyer buys the Goods relying solely upon the Buyers own skill and judgement and that the Seller shall not be bound by nor responsible for any terms, condition, representation or warranty other than the warranty other than the warranty given by the manufacturer which warranty shall be personal to the Buyer and shall not be transferable to any subsequent Buyer.
The Seller and the Buyer agree that ownership of the Goods shall not pass until:
The Buyer has paid the Seller all amounts owing to the Seller; and
The Buyer has met all its other obligations to the Seller.
- Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
It is further agreed that:
- Until ownership of the Goods passes to the Buyer in accordance with clause 10.1 that the Buyer is only a bailee of the Goods and must return the Goods to the Seller on request.
- The Buyer holds the benefit of the Buyer’s insurance of the Goods on trust for the Seller and must pay to the Seller the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
- The Buyer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Buyer sells, disposes or parts with possession of the Goods then the Buyer must hold the proceeds of any such act on trust for the Seller and must pay or deliver the proceeds to the Seller on demand.
- The Buyer should not convert or process the Goods or intermix them with other goods but if the Buyer does so then the Buyer holds the resulting product on trust for the benefit of the Seller and must sell, dispose of or return the resulting product to the Seller as it so directs.
- The Buyer irrevocably authorises the Seller to enter any premises where the Seller believes the Goods are kept and recover possession of the Goods.
- The Seller may recover possession of any Goods in transit whether or not delivery has occurred.
- The Buyer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Seller.
- The Seller may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Buyer.
Defects, Returns and Warranty
- The Buyer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Buyer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Buyer must allow the Seller to inspect the Goods.
- If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
- For defective Goods, which the Seller has agreed in writing that the Buyer is allowed to reject, the Sellers liability is limited to (at the Sellers discretion) either replacing the Goods or repairing the Goods.
- If Goods supplied are the wrong size or specification as a result of a mistake by the Buyer then the goods if possible will be returned to the supplier and the Buyer will be liable for any restocking fees. If goods are not able to be returned to the supplier for whatever reason, then the Buyer will be liable for the cost of the goods.
- For Goods not manufactured by the Seller the warranty will be the warranty as provided by the manufacturer of the Goods. The Seller will not be responsible for any terms, warranty or representation provided by the manufacturer of the Goods.
Default and Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- If the Buyer owes the Seller any money the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller’s collection agency costs, and bank dishonour fees).
- Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment) under these terms and conditions the Seller may suspend or terminate the supply of Goods to the Buyer. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable if:
Any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to make a payment when it falls due;
The Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.
- The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any money paid by the Buyer for the Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
- In the event that the Buyer cancels delivery of Goods the Buyer shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits).
- Cancellation of orders for Goods made to the Buyer’s specifications, or for non-stocklist items, will not be accepted once production has commenced, or an order has been placed.
- The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which the Seller has its principal place of business, and are subject to the jurisdiction of the courts in that state.
- Subject to clause 11 the Seller shall be under no liability whatsoever to the Buyer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
- The Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Buyer by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
- The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
- The Buyer agrees that the Seller may amend these terms and conditions at any time. If the Seller makes a change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Buyer of such change. The Buyer will be taken to have accepted such changes if the Buyer makes a further request for the Seller to provide Goods to the Buyer.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock- out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- The Buyer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.
MyTees is A PROMOCO AUST PTY LTD COMPANY
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.