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TERMS AND CONDITIONS

1.  General 

1.1 Unless otherwise agreed in writing, these conditions (“Conditions”) apply exclusively to each transaction (“Contract”) for the supply of services relating to leaflet delivery work (“Services”) by Advertising Printing Australia  Ltd  t/a   Print4Less Advertising , Print4Less Advertising Distribution & Orange Deals (‘the Company’) a client (“the Client”) (together “the Parties”).

2. The Company’s print advertisements online listings are accepted subject to the conditions set out in the this application, the current rate card, the booking docket, the invoice/statements raised from time to time as well as these publisher’s conditions. These documents represent the entire agreement between the parties notwithstanding anything said prior to or at the time of acceptance of advertising

3.   The Customer acknowledges and agrees that:

(a)    its Materials for distribution may be distributed together with materials of other customers of ‘the Company’

(b)    ‘the Company’  does not guarantee full distribution of all materials to all households within the agreed distribution areas, and accepts no liability for any failure to deliver to all households within agreed distribution areas.  Factors beyond ‘the Company’s control such as health and safety issues, hazardous conditions, adverse weather conditions, accessibility of letterboxes, signs on letterboxes and  other adverse conditions that  may adversely affect distribution.

(d)   ‘the Company’s dwelling counts by suburb or distribution area are estimates only, may not be accurate, and may change from time to time.

3.1   ‘the Company’ will not be liable for any loss or damage caused by or contributed to by any delay, loss, omission or misplacement of Materials during its performance of the Services.

3.2 ‘the Company’ warrants that it will use reasonable skill and care to select personnel to deliver promotional material. All other warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

3.3 ‘the Company’ cannot  take any responsibility on the response you get from your letterbox drop. The response also depends on the offer, design & quality of your advertising material.  We invite you to check on the demarcated area while the job is being done. Any feedback after 24 hrs of distribution will not be entertained. Should any of our walker (contractor) litter or dump your leaflets we will pursue the walker (independent contractor) per NSW laws. Any work done by that particular walker will not be invoiced to you

3.4. The Company reserves the right to reject, refuse or require amendment of any advertisement which it considers unsuitable for publication for any reason at its absolute discretion.

4.  Price 

4.1 The price of the Services (“the Price”) is ‘the Company’   ’s quoted price and is exclusive of GST. Quotations will be valid for 30 days from issue. ‘the Company’    is only bound by orders which it has accepted in writing. An accepted order can only be cancelled or varied with ‘the Company’   ’s consent.

4.2 This quote is valid for 30 days. Unless ‘the Company’    agrees otherwise, ‘the Client ‘  will pay the Price plus GST in advance.  Any unpaid invoices will incur all debt collection & or legal recovery cost + interest of 24% pa

4.3 If credit is granted and ‘the Client ‘  fails to make any payment when it is due then, without affecting any of ‘the Company’s other rights or remedies, ‘the Company’  is entitled to: cancel the contract or suspend the performance of the contract; charge ‘the Client ‘  interest at 24%  a year; withdraw all credit facilities extended to ‘the Client’  and require immediate payment of all outstanding invoices whether or not these are due for payment; and/or cancel and withdraw any trade or other discount allowed on the Price.

5. Limitation of liability   ‘the Company’ is not liable to ‘the Client ‘  because of any representation (unless fraudulent), or any warranty (express or implied), condition or other term, or any duty at common law, or under the express terms of the Contract,

5.1 any loss of profit, business, contracts, opportunity, goodwill, revenues, anticipated savings, expenses, costs or similar loss; and/or

5.2 any indirect, special or consequential loss or damage (whether for loss of profit or otherwise);(whether caused by the negligence, breach of contract, tort, breach of statutory duty of ‘the Company’, its employees or agents or otherwise) arising out of or in connection with the  Contract or in connection with, any services provided by ‘the Company’

5.3 ‘the Company’ will have no liability to ‘the Client’ for any loss, damage, costs, expenses or other claims for compensation arising from any Promotional Material or instructions supplied by or on behalf of ‘the Client ‘  which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of ‘the Client ‘  not attributable to ‘the Company’.

5.4 Nothing in these Conditions will operate or be construed to operate so as to exclude or restrict the liability of ‘the Company’    for death or personal injury caused by the negligence of ‘the Company’

5.5  If ‘the company’
(a) fails to publish a print advertisement or an online listing;
(b) publishes a print advertisement or an online listing not in accordance with the advertising instructions;
(c) publishes a print advertisement or an online listing which contains errors or omissions;
(d) fails to publish an online listing in an agreed position
(e) publishes a print advertisement or an online listing late.
(f) Distributes the print publication containing the advertisement late, has a distribution shortfall or distributes the print publication outside the area designated by ‘the company’ as the area of distribution of that particular publication (“the Errors”);

The client agrees, even if the errors result from the negligence of ‘the company’, its  employees, agents, or subcontractors ‘the company’  shall not be liable for any formal compensation and shall not under any circumstances extend liability to any consequential losses or damages suffered by the advertiser arising from the Errors.

5.6 The Client and its agent each warrant to ‘the Company’  that nothing in the print advertising material or online listing, text or artwork infringes any state, federal or local law or regulation or the personal or property rights of any other person.

6.   SPECIFICATIONS Where ‘the client’ provides ‘the company’ with complete material (PDF digital file), the material must conform to the specifications imposed by ‘the company’. The client’  acknowledges that it is its responsibility to ascertain the specifications for complete material, any of which may change from time to time without notice. No claims for errors will be considered where material is supplied to ‘the company’ which does not conform to its specifications.

7.  DEADLINES
The client acknowledges that Orange Deals imposes the following print deadlines:
(a) “The Booking Deadline” by which time advertising space must be booked;
(b) “The Copy Deadline” by which time copy for artwork must be submitted;
(c) “The Material Deadline” by which time complete material must be submitted (the “Deadlines”).

7  The client acknowledges that Orange Deals will not be published unless:
(a) Minimum Space bookings are received no later than the Booking Deadline;
(b) Copy for typesetting is received no later than the Copy Deadline; and
(c) Complete material is received no later than the Material Deadline.

(d) the company will not be responsible for any errors or omissions where print advertising or online listing instructions for copy and/or proof corrections are placed by telephone

8. The client agrees to pay ‘the company’ the full cost of space booked, including any loading charges, when the print deadlines are not met or when the print advertisements are withdrawn after the Booking Deadline. The advertiser and its agent acknowledge that it is the responsibility of the advertiser or agent to ascertain the print deadlines to apply in respect of each and every advertisement.

9POSITIONING  The positioning and colour of print advertisements are subject to space and colour availability at the time of printing, and will be at the absolute discretion of ‘the company’ . Without limiting this discretion
(a) the company will attempt to position print advertisements or provide colour in accordance with the advertiser’s request if the advertiser has agreed to pay preferred position or has taken more than 2 pages in each publication
(b) any liability of Orange Deals for publishing print advertisements not in accordance with the advertiser’s preferred position or colour request will be limited to crediting the advertiser for the relevant loading charges;
(c) bookings which are in any way conditional will not be accepted.

10.  Additional costs ‘the Client’  must, on request, pay any additional cost to ‘the Company’  in supplying the Services caused by: any breach, default, delay or variation by ‘the Client ‘  of its obligations under the Contract or these Conditions; any factor beyond ‘the Company’ s reasonable control;  any change in the dates of the supply of the Services which ‘the Client’  requires; or any delay caused by the Client’s instructions or the Client’s failure to give ‘the Company’    adequate information or instructions when the order has been accepted the quotation or at any other time.

11. DISPOSAL OF MATERIAL
The advertiser and its agent authorizes Orange Deals  to dispose of any illustrations, copy, photographs, artwork , Press-Ready PDF digital files, or other advertising material, following publication of the print advertisement/s or online listing.

12. Force Majeure ‘the Company’    is not liable to ‘the Client ‘  for any failure or delay in performance of its obligations under the Contract which is beyond its reasonable control including any difficulty obtaining suitable Personnel or difficulty procuring performance by Personnel of obligations they have undertaken. ‘the Company’    will inform ‘the Client ‘  as soon as reasonably possible of any such occurrence.

13.  Waiver  Any waiver by ‘the Company’    of any breach of these Conditions or a Contract by ‘the Client’  will not be treated as waiving any subsequent breach of the same or any other provision

14. Governing Law

The Customer agrees that these Conditions of Contract shall be construed according to the laws of New South Wales, and the parties submit to the jurisdiction of the courts of that state.