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 Trading Terms Thu, 09 Sep 2010 
   
 
 

ANC Trading International®- Trading Terms & Conditions


 

01-Site Terms and Conditions of Use
03-General
05-Turnaround
07-Charges
09-Color Proofing
11-Packing
13-Order Tracking
15-Risk & Title
17-Copyright
19-Acknowledgement
21-Sub-contracting
23-Use for advertising purposes
25-Authority to Obtain and
     Exchange Credit Information

27-Force Majeure
29-Cancellation
31-Liability
33-Privacy
35-Changes
02-Interpretation
04-Quotations

06-Taxes
08-Payments
10-Prepress Proofs
12-Delivery & Shipping
14-Overruns & Underruns
16-Materials & Artworks
18-Trademark Notice
20-Warranties
22-Outside Work
24-Confidentiality
26-Claims
28-Termination
30-Damages
32-Governing Law
34-Disclaimers


  

1. Site Terms and Conditions of Use

Please read these Terms of Use carefully before using this site.

  • By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, you are not authorized to use this site. ANC Trading International® can not and does not guarantee the security of information you transmit through ANC Trading International® from the Web, and you transmit all such information at your own risk.
  • Restrictions on Use of Materials. This site is owned by ANC Trading international® and is provided for the convenience of our visitors. The content of this site, as well as the products, trademarks, designs and logos shown and/or used herein, are copyright and trademark protected and all intellectual property rights in the products belong, or are licensed. Nothing in this site should be construed as granting any right to use any product, trademark, design or logo. You may not copy, otherwise reproduce or distribute any information from this site. Your use (or misuse) of ANC Trading International®’s intellectual property or of any other content in this site is strictly prohibited.
  • ANC Trading International® reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.

2. Interpretation

 

In this these Terms and Conditions:

 

Contract means this contract and includes any information provided with it (eg Sales contract, Quotation, Order).

 

Goods means the final goods produced by ANC Trading International® (including all materials required to produce such goods, whether such materials are provided by you or otherwise) as specified in the Order, Invoice or other correspondence to you.

 

GST means A New Tax System (Goods and Services Tax) Act 1999, and any replacement of that Act.

 

Invoice means the invoice rendered by ANC Trading International® in relation to the Goods and/or Services supplied to you.

 

Materials mean artwork, stereos, blocks, plates, type, cutting form, film, bromides and other surfaces.

 

Order means an order completed by you requesting ANC Trading International® to supply the Goods and/or Services specified in the Order to you.

 

Services mean any services, including mailing, packaging, printing or associated services that ANC Trading International® supplies to you under this Contract.

 

Business Day means a day on which banks are open for general banking business in the State or Territory in which the ANC Trading International® premises are located;

 

We, us means ANC Trading International®

 

You means the customer

 

Party means the customer and ANC Trading International®

 

3. General

 

3.1 Each party must not, without the party’s prior written approval, disclose part or all of the other party’s confidential or other information to any third person (except employees and contractors who need to know and only to the extent that each has a need to know, or as required at law).

3.2 If ANC Trading International® and you have a separate signed agreement in relation to the supply of the Goods or the Services, that agreement will prevail to the extent of any inconsistency with this Contract.

3.3 This Contract:

  • is governed by the law applicable in New South Wales, Australia and each party submits to the jurisdiction of the courts in that State;
  • subject to clause 3.2, is the entire agreement between ANC Trading International® and you in respect of its subject matter;
  • subject to clause 3.2, supersedes all previous agreements, whether oral or written, in relation to its subject matter; and
  • will not be altered by any document produced by you (including an Order) or statement.

3.4 No amendment, variation or modification of this Contract is of any force unless it is in writing and signed by both parties.

3.5 You must immediately notify ANC Trading International® of any material changes in your circumstances (e.g. change of ownership).
 

4. Quotations

 

4.1 To supply quotation

We may if, requested by the Customer, give the customer a quote specifying:
(a) The work required to be done in order to fulfill the customer’s instructions; and
(b) An estimate of ANC Trading International®’s charge for the performance of such work.

4.2 Accuracy of Specifications

Quotations are based on the accuracy of the specifications provided. We can requote a job at the time of submission if the art does not conform to the information on which the original estimate was based.

4.3 We reserve the right

(a) Without liability on our part, to correct any errors or omissions in any offer, quotation, order confirmation, invoice or other documentation issued by us.
(b) To pass on to you on any additional costs (including merchant fees) incurred by us where you pay us by credit card, PayPal etc.

4.4 Acceptance by customer

Where we have given the customer a Quote:
(a) We need not commence work until the Quote has been accepted by the customer.
(b) The customer may accept the Quote by instructing (in writing) us to commence work.
(c) Acceptance by the customer of the Quote will constitute acceptance by the customer of these Terms and Conditions.

4.5 Quote evidence of instructions

If a written Quote is accepted by the customer, the work the subject of the quote shall be carried out and the customer shall pay for the work in accordance with the within Terms and Conditions.

 

5. Turnaround


Turnaround time for an order begins once the artwork has been approved by you. Until we receive approval in writing from you. Your job status will be put "On Hold" and your turnaround time will be reset.

 

Allow additional business days for delivery based on the shipping method and shipping terms you selected. Business days are Monday through Friday. Holidays, Saturdays and Sundays do not count when calculating turnaround. Our turnaround times are an estimate, and are not to be confused with a guarantee. We assume no responsibility for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

 

6. Taxes

 

International

 

For export sales, prices quoted or agreed do not include your local sales, goods and services, value added or any other applicable government tax or duty payable either before or after invoice from us. However, your local Customs duty is payable when you request us to quote the price in DDP. Conditions may apply when you request the shipping terms in DDP.

 

"DDP" - Delivered Duty Paid (Incoterms)

 

Australia

 

GOODS AND SERVICES TAX (GST)

 

Unless expressly stated by us, Prices quoted or agreed do not include sales, goods and services, value added or any other applicable government tax or duty payable either before or after invoice from us. Such taxes and duties are payable in addition to the Prices.

 

Taxes: A 10% Goods and Services Tax (GST) will only be charged for goods/services provided within Australia

 

"GST" - A New Tax System (Goods and Services Tax) Act, 1999. GST is a broad‑based tax of 10% on most goods, services and other items sold or consumed in Australia.

 

7. Charges

 

Charges additional to quoted price

 

In addition to the amount of the Estimate, ANC Trading International® may charge to the customer:

 

(a) The amount of any goods and services tax (GST) payable on the Goods / Services (Australia only)

(b) Any Goods produced in the course of performing the Order;

  • fees for any preliminary work performed at the customer’s request;
  • fees for additional work required to be done as a result of the customer changing his, her or its instructions;
  • fees for having to work from poor copy;
  • fees for work which involves tables or foreign language and which was not notified to us before the Quotation was prepared;
  • fees for additional work required to be done as a result of author’s/designer’s corrections, including repagination, reformatting or redesign;
  • fees and other charges for work required to be done urgently, including any overtime costs;
  • fees for handling or storing material or equipment supplied by the customer for the purposes of the Order;
  • fees for changing or correcting, in order to ensure that the Goods are properly produced, any plates, film, bromides, artworks, materials or any document including computer files supplied for the purposes of the Order by the customer;
  • freight costs, duties and charges (If it’s not included);
  • other charges, fees or disbursements referred to in these "Charges additional to quoted price" and not specified in this clause.

For the purposes of these "Charges additional to quoted price"

 

(a) The term "ANC Trading International®’s charge" refers in each case to the standard or usual fee charged by us from time to time in respect of the Order;

(b) "preliminary work" means all and any work performed by us at the customer’s express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of us at the time when we supplied the Estimate;

(c) "additional work" includes all work undertaken by us as a consequence of the customer’s variation, alteration or modification of its instructions in relation to the Order; and

(d) "freight costs, duties and charges" includes all costs and expenses incurred by us in removing the Goods from its premises, whether by way of actual or attempted delivery to the customer or otherwise.

 

8. Payments

 

For payments within Australia
Payment options:

 

Pay by                EFT -      Electronic Funds Transfer
Pay by                Direct Deposit
                                            

(Please use your order No. as your reference No. when you are making payments)

 

For International payments
Payment options:

 

Pay by                 T/T - Telegraphic Transfers
Pay by                  L/C - Letter of Credit
                                        

 

Pay by                   American Express International Payment - The followings are the common currencies we are able to receive in T/T by AEIP, please advice if your currency is not listed below:

 

CAD -        CANADIAN DOLLAR                       PGK -       PAPUA NEW GUINEA KINA
DKK -        DANISH KRONE                                 SGD -       SINGAPORE DOLLAR
EUR -         EURO                                                     ZAR -      SOUTH AFRICAN RAND
FJD -          FIJI DOLLAR                                        SEK -       SWEDISH KRONA
HKD -        HONG KONG DOLLAR                      CHF -       SWISS FRANC
JPY -          JAPANESE YEN                                   THB -       THAI BAHT
NZD -        NEW ZEALAND DOLLAR                 GBP -       U.K. POUND STERLING
NOK -        NORWEGIAN KRONE                        USD -       U.S. DOLLAR

(Please use your order No. and our company name as your reference No. when you are making payments)

Payment Terms and Conditions

Subject to any special terms agreed in writing between you and us:

 

8.1 Deposit
Deposit is usually required before the work starts. The customer will usually receive Tax Invoice / Commercial Invoice when the quotation relate to the order is accepted by you.

Where an Order is for an amount less than $800(AUD) (or less than$600(USD) ), you must pay the amount of the Order to us on placing the Order.


8.2 Time for balance payment
Unless ANC Trading International® and the customer agree otherwise, the customer must, within fourteen (14) days of receiving the Goods (Interest Free Period) pay to us the total amount set out in our tax invoice (Within Australia) / Commercial Invoice (International).

Notwithstanding any other provision of this Contract:
(For Goods or Services provided within Australia only)
(a) if GST applies to any supply made by us to you under this Contract, the consideration provided or to be provided for that supply will be increased by an amount equal to the GST applicable to the supply;
(c) you must pay any taxes or other governmental charges payable on or in respect of this Contract. We will pass on any taxes or other governmental charges to you, including GST.

 

8.3 Interest
We may charge interest at the Interest Rate on amounts not paid within the time specified in clause 8.2 and you agree to pay.

 

After this Interest Free Period (depends on the contract), any unpaid amount will be charged an interest accrue daily from the date when payment becomes due, until the date of payment, at a rate of from Australian Reserve Bank's Official Cash Rate (as published in the Australian Financial review at the time the unpaid amount becomes due) per calendar month (and at our sole discretion such interest shall compound monthly at such a rate) after as well as before and judgment.

 

8.4 Suspension of work
If the Order is suspended for more than fourteen (14) days at the request of the customer or as a result of something for which the customer is responsible, we may issue an tax invoice / Commercial Invoice for a particular sum (to be specified by us) for the work already done and for other costs incurred by us (such as storage costs).

 

8.5 Cancellation of an order
(a) if you cancel an Order in writing, all costs incurred by us up to the time of receipt of cancellation by us;
(b) any additional expenses incurred by us as a result of incorrect information provided by you; and
(c) where you request production of your work to be stopped for any reason, you will be charged for the cost of Goods already manufactured, any loss of machine time and any other relative cost.

 

8.6 Damages
The customer must pay to us any costs, expenses or losses incurred by us as a result of the customer’s failure to pay to us, all sums outstanding from the customer to us.
You are also liable for any legal, accounting or other expenses, we incur in the debt collection of amounts outstanding under overdue Invoices. We may withdraw any credit Facilities provided to you while amounts remain outstanding

 

8.7 Retention of ownership
Until the customer has paid all sums outstanding in relation to the Goods: without affecting any other right or remedy available to us, we may:

(a) Suspend any further deliveries to you of the Goods in question or any other Goods and suspend or refuse to perform any Services to you whether under an existing or new order;
(b) Property in the Goods does not pass from us to the customer.
(c) If the Goods are in the customer’s possession, the customer holds the Goods as trustee for us and must store the Goods so that they are clearly identifiable as the property of us.
(d) We may call for and recover possession of the Goods (for which purposes our employees or agents may enter the customer’s premises and take possession of the Goods without liability to the customer) and the customer must
deliver the Goods to us if so directed by us.
(e)The customer may, in the ordinary course of the customer’s business, sell the Goods to a third party but:
(f) the proceeds of sale to the third party are held by the customer as trustee for us and the customer must account to us for those sums; and
(g) If we require, the customer must assign to us the customer’s claim against the third party and must execute all documents necessary to effect that assignment.

 

8.8 General lien
We shall, in respect of all sums owed by the customer to us, have a general lien on all property of the customer in our possession to cover the amount unpaid for the Goods and/or Services; recover from you, in addition to the outstanding amount, all reasonable costs incurred by us in collection of the outstanding amount.

 

9. Color Proofing

 

You acknowledge and agree that:

 

Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance. You will allow and accept any such variation which reasonably occurs.

10. Pre Sample Proofs

  • We will submit pre sample proofs for your review and approval,
  • We will submit pre sample proofs for the first time at no cost, if the first pre sample proofs does not accept by you: 

     - due to the change of instructions, materials, design, or any other  
        reason by you, you will need to pay for the sample and freight  
        cost after the first pre sample proofs 
     - or, unless the unapproved pre sample is due to the failure of us not
        providing the sample that meets your requirement, either the 
       designs, materials, or quality, we will provide the sample again at 
       our own expenses

  • The customers need to sign the document provided by us, written with "Approved" or "Revised Proof Required", then fax or email to us. Until the "Approval" signed document is received, we are under no obligation to perform additional work. We will not be responsible for undetected production errors if:

      - Proofs are waived by the customer
      - The work is manufactured, produced or printed per the customer's
         written "Approved"
      - Requests for changes are communicated verbally
      - All requests for changes of any kind must be made in writing to 
        avoid mistakes.
      - Turnaround estimates begin after the proof is approved and 
         received at ANC Trading International® with the customer’s 
         signature.

11. Packing

 

Unless specified or required by the customer, ANC Trading International® pack the manufactured / printed goods as its packing standard.

 

12. Delivery / Shipping

  •  If requested by you and agreed by ANC Trading International®, we will organize transport of the Goods to your premises or a destination advised by you worldwide. You are responsible for payment of all charges associated with transport of the Goods to your premises or the destination, unless the charges are expressly included in our quotation or waived by us.
  • You must give us written instruction as to the destination of the Goods. We will give priority to your instructions (if any) in relation to the method of transporting the Goods, but if we cannot comply with such instructions, we will use another method. You give us authority to deviate from any usual route of transport.
  • Any times or dates quoted for supply or delivery of the Goods or Services are approximate only and we will use reasonable efforts to meet them. We will not be liable for any delay in such supply or delivery.
  • We reserve the right to deliver the Goods in installments. Delay in or failure to deliver any installment of the Goods does not entitle you to terminate any Order.
  • Orders to other countries are shipped tax free - the recipient is responsible for all duties, sales taxes and any other local charges.
  • Delivery / Shipping Terms & Methods:

        International

 

         Shipping Terms                                                  Shipping Methods

         

         FOB - Free On Board                                         Sea Freight
         CFR - Cost and Freight                                     Air Freight
         DDU -Delivered Duties Unpaid                       TNT Express Courier
         DDP - Delivered Duties Paid                            Other Express Courier is available

         (Conditions Applied)                                         as per your request
  

         Australia        
           
         Shipping Terms                                                   Shipping Methods                          
            
         FOB - Free On Board                                          Sea Freight
         CFR - Cost and Freight                                      Air Freight
         CIF  - Cost, Insurance and Freight                    Road Freight                            
         DDP- Delivered Duties Paid                              TNT Express Courier
                                                                                        Other Express Courier is available 
                                                                                         as per your request 
                                                                          

13. Order Tracking

 

You can track your order at any time through our website at Order Tracking Page, or Contact us for more details.

14. Overruns/Underruns

Where the Goods, we will normally deliver the exact quantity of Goods ordered, however, due to the difficulty in producing exact quantities, you will allow a margin of 5 per cent for surpluses or deficiencies in the quantity of such Goods we supply. There is no extra charge for the additional quantity. The generally accepted trade practice is plus or minus 10%.

15. Risk and Title

  • Risk in the Goods passes to you when the Goods are dispatched  from ANC Trading International® to you. Unless:
    (a) in the case of Goods supplied for export, and you appoint your own shipping agent, risk passes when the Goods are delivered to your shipping agent.
  • You are responsible for insuring the Goods once risk passes to you.
  • Title to the Goods passes to you only on payment in full of all Invoices related to such Goods. Until all Invoices are paid, you:

    (a) Hold the Goods as bailee of ANC Trading International®, subject to the right to deal with the Goods in the ordinary course of  business; 
    (b) Agree to us entering the premises on which the Goods are kept and retrieving the Goods (without any liability to you or any other person for any damages in retrieving the Goods, or trespass); 
    (c) Must hold any monies received resulting from dealings under paragraph (a) on trust for us and keep such monies separate for the benefit of us.

  • If you provide Materials to us, the Materials are held by us at all times at your risk. You must insure the Materials.
  • Except for Materials provided by you, all Materials:

    (a) Are ANC Trading International®’s property; and
    (b) Will be destroyed immediately on completion of the relevant Services. If you request us to keep the Materials, you must pay our relevant storage charges. Notwithstanding payment of storage charges, the Materials are always ANC Trading International®’s property.

16. Materials and Artworks

 

16.1 Materials Supplied to Us by You

  • You must maintain a copy of all material supplied to us. We will not be responsible for damage to materials supplied by you or for the accuracy of final output which depends on the input supplied by you.
  • Until digital input can be evaluated by us, no claims or promises are made about our ability to work with materials submitted in digital format, and we assume no liability for problems that may arise.
  • Any additional translating, editing or programming needed to use or correct your digital files will be charged to you at our current rates

16.2 Materials and Artwork

  • Property in all tangible items such as digital image files, plates, film, drawings, sketches, paintings, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other production material, but not artwork (When the artwork is supplied by you, or you have paid for the artwork design by us), produced by us as part of the Services remains at all times our property and we are under no obligation to retain such materials.
  • Property in tangible artwork produced by us for you in the performance of the Services or the production of Goods is yours (When the full payment is paid for the artwork), We will not be responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. And you must collect it within 3 months (in the case of magazines) or 2 weeks (in all other cases) after the Goods and/or Services are completed. If you fail to do so, we may dispose of it free from any action or claim.
  • Intellectual property rights, such as copyright, in artwork produced by us for you, unless agreed otherwise in writing by us, remains at all times our property.

17. Copyright

 

The content (content being images, text, files and scripts) of this website is copyright © ANC Trading International® All rights expressly reserved.

 

       (a) ANC Trading International®    

  • All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, the material available on ANC Trading International® website has been developed by staff at ANC Trading International® and in some cases comes from third parties, or its suppliers or service providers who have given their permission for the use of the material. And are subject to copyright, is protected by international copyright laws. The Content on all pages of ANC Trading International® website is provided solely for the use of our customers to interact with ANC Trading International® and may not be used by You, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself.
  • Unauthorized modification, copying, hiring, lending, transmission and broadcasting are prohibited. Material from this site may not be sold or otherwise distributed for profit. As a result, no material available on this site may be copied, reproduced, or communicated without prior written permission from ANC Trading International®.

        (b)  The customer

  • warrants that the customer has permission, copyright in or a license to authorize ANC Trading International® to reproduce/manufacture, all artistic and literary works supplied by the customer to us for the purposes of the Order and the customer hereby expressly authorizes us to reproduce/manufacture all and any of such works for the purposes aforesaid;
  • and agree to defend, indemnify and hold ANC Trading International® and their respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by ANC Trading International® in defending against such suit, demand or claim.
  • The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by ANC Trading International®, for the purposes of the Order, however, the exercise of such license shall be conditional upon us having received all monies, due to ANC Trading International® under these Terms and Conditions.

18. Trademark Notice

  • ANC Trading International® and/or all services marks, trademarks, trade name, trade dress and other indicia of source used herein and referenced on this web site are either trademarks or registered trademarks of ANC Trading International® in Australia and/or other countries. All other product and company names mentioned on this web site may be trademarks or registered trademarks of their respective owners/companies in Australia and/or other countries.
  • Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content.

19. Acknowledgement

 

You acknowledge and agree that:

  • You are solely responsible for the content and accuracy of supplied input and other material provided to us;
  • We will not be responsible for checking, for errors or otherwise, such input or other materials; and
  • We will be under no liability in respect of any errors or defect in the Goods and/or Services arising from any materials or specifications provided to us by you. 

20. Warranties

 

You warrant that, All Materials, art works, designs etc supplied by you will not:

  • contain anything illegal, obscene, defamatory or offensive; or
  • infringe the copyright, patent or other protected right of any person; and
  • The manufacturing production, printing production or materials will not give rise to any claims against or liabilities to ANC Trading International® or our officers, employees or agents.

21. Sub-contracting

 

ANC Trading International® shall have the right to subcontract part or all of its obligations under this Contract on any terms.


22. Outside work

 

If ANC Trading International® has to obtain goods (including typefaces, bromides, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by us from a third party in order to carry out the customer’s instructions:

  • We will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or services.
  • We acquire such goods and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.
  • The customer must pay for such goods and/or services.
  • Property in any such goods obtained from a third party and incorporated into the Goods passes to ANC Trading International® at the time of incorporation.

23. Use for advertising purposes

 

Samples

 

ANC Trading International® may use your product for samples or advertising purposes, unless notified in writing of its inability to do so. In the event of a written notice, we will cease its usage of your product within 30 days of receipt of the notice. Any usage of the product for samples or advertising purposes prior to the receipt of the written notice will be deemed as acceptable.

24. Confidentiality

 

You agree not to disclose any information provided by us to you relating to ANC Trading International® and its related entities that we may reasonably regard as confidential or commercially sensitive (including without limitation our pricing information) unless you can establish the information was:

  • at the time of disclosure, in the public domain;
  • subsequent to disclosure, entered the public domain other than through the breach of any duty owed to us; or
  • required to be disclosed by law

25. Authority to Obtain and Exchange Credit Information

 

  • You authorize us to obtain from a credit reporting agency a credit report containing personal credit information about you in order to assess whether we will provide or continue to provide goods/services to you.
  • You authorize us to contact any of the contacts or references provided by you and make such enquiries as are necessary and reasonable to give proper consideration to goods/services to you
  • We reserve the right to suspend the supply of further Goods and/or Services to you without prior notice of such action to you.

26. Claims

 

You must check all Goods immediately after the supply of the Goods to you .

 

Claims for defects, damages, or shortages must be made by the customer in writing no later than 5 working days after delivery. The Customer shall afford us an opportunity to inspect the Goods within a reasonable time following delivery, if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. By accepting the job, the customer acknowledges that ANC Trading International®'s performance has fully satisfied all terms, conditions and specifications.

For defective Goods, which we have agreed in writing that the Customer is entitled to reject, our liability is limited to either (at our discretion) replacing the Goods or repairing the Goods.

 

27. Force Majeure 

 

We will not be liable for any failure to perform or delay in performance of any obligation where such failure or delay is due to anything beyond our reasonable control, including but not limited to adverse weather or terrain, strikes, lockouts and other industrial action, raw material shortages, accidents, power failure, breakdowns of plant or machinery or import or export regulations or embargoes.

 

28. Termination

 

(a) We may, without affecting any other rights we may have, terminate or suspend any contract between us with immediate effect by giving notice to you if:

  • you breach any provision of this or any other contract and fail to  remedy the breach within 7 days after our notice requiring you to do so;
  • you breach a material provision of this or any other contract where that breach is not capable of remedy;
  • you cease to be able to pay your debts as they become due;
  • you become subject to any form of insolvency administration;
  • any step is taken by a mortgagee to take possession or dispose of the whole or any part of your assets.

(b) If we exercise our rights pursuant to (a) above to terminate or suspend a contract, we will immediately be entitled to invoice you for work in progress under that contract at our current rates.  This clause does not limit or affect any other remedy which may be available to us including seeking compensation for any loss or damage suffered by us

(c)Upon termination, you agree to destroy all materials obtained from this site.

 

29. Cancellations

  • If you request to cancel an order, you should be done by phone Contact Us to prevent the job from moving forward in the production process. Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation (including lost press and associated equipment time at the then current machine rates, cost of Goods already manufactured) where we are unable to place other work acting reasonably on the press that was scheduled to undertake your work
  • Due to our company procedures, you may only cancel an order without incurring additional fees prior to the approval of the artwork. All requests for cancellations after a PDF proof, Hard Copy proof, or the approval of the artwork are subject to a minimum cancellation fee of 15% of the price quoted for the cancelled order. No refunds will be given for orders cancelled after the plating process

30. Damages

 

The customer must pay to ANC Trading International® any costs, expenses or losses incurred by us, as a result of the customer’s failure to pay to us, all sums outstanding from the customer to us  (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).

 

31. Liability

 

31.1 Proofs

If ANC Trading International® submits to the customer a pre sample proof, we will not be responsible for any errors in the Goods which appeared in the pre sample proof and which were not corrected by the customer before the Order was started.

 

31.2 Non-excludable Rights

The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement ("Non-excludable Rights").

 

31.3 Disclaimer of liability

ANC Trading International® disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. Where (and to the extent) permitted by law, the liability of us for a breach of a Non-excludable Right is limited, at our option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or any services supplied again.

 

31.4 Indirect losses

Notwithstanding any other provision of this agreement, ANC Trading International® is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:

(a) Any increased costs or expenses;
(b) Any loss of profit, revenue, business, contracts or anticipated savings;
(c) Any loss or expense resulting from a claim by a third party; or
(d) Any special, indirect or consequential loss or damage of any nature whatsoever.

 

31.5 Electronic data

Without limiting the generality of the foregoing clauses, ANC Trading International® will not be liable to the customer for loss, however caused, of any data stored on disks, tapes, compact discs or other media supplied by the customer to us.

 

31.6 The Customer’s property

ANC Trading International® will not be liable for the damage, loss or destruction of any property of the customer in our possession unless the loss or damage is due to the failure of us to exercise due care and skill in handling or storing the property.

 

32. Governing Law

 

All contracts between ANC Trading International® and you will be governed by the law applicable in the place where the Services are to be performed. This site is controlled and operated by ANC Trading International® from its offices within the State of New South Wales, Australia.

 

33. Privacy 

  • In supplying the Goods or Services to you in accordance with this Contract, ANC Trading International® may obtain personal information from you.
  • We will treat all personal information obtained from you with confidentiality and in accordance with the requirements of the National Privacy Principles contained in the Privacy Act 1988 to which ANC Trading International® is bound.
  • Your information is only used for contact, billing, and shipping purposes. 

34. Disclaimers


The content of this site is provided "AS IS" and without warranties of any kind, either express or implied. To the fullest extent permitted by Law, ANC Trading International® disclaims all warranties, express or implied (Including, without limitation, the implied warranties of merchantability and fitness for a particular purpose). ANC Trading International® does not warrant or make any representations regarding the use or results of the use of the content of this site in terms of its correctness, accuracy, reliability or otherwise. ANC Trading International® shall not be liable for any special or consequential damages that may result from the use of or the inability to use, this site or any downloaded materials.

 

Our provision of advise, assistance or guidance on this site does not constitute acceptance of liability.

 

ANC Trading International® reserves the right to vary the materials on this web site without notice.

 

35. Changes 

 

ANC Trading International® may change, modify, add or remove portions of these Terms and Conditions at any time, and any changes will become effective immediately upon being posted unless stated otherwise. These Terms and Conditions were last revised on April 4th, 2010.

 

This site is protected by copyright and trademark laws under International law. All rights reserved.


 

 

Yours sincerely,

 

ANC Trading International®
 

 
 
   
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