1.1 Subject to these terms and conditions, all prices are based on work specified in the quote.
1.2 Quotes are valid for a period of thirty (30) days from the date of issue.
1.3 Prices quoted are based on the current cost of production, including but not limited to materials, service costs and labour. Minuteman Press Spencer reserves the right to amend the quote at any time to meet a variation in the cost of production.
2. Customer Instructions
2.1 Minuteman Press Spencer agrees to complete the instructions stated on the quote.
2.2 The customer must provide clear, written instructions at the time of quotation. A failure by the customer to provide clear, written instructions resulting in errors or omissions will be the liability of the customer.
2.3 If Minuteman Press Spencer submits a proof to the customer, Minuteman Press Spencer will not be responsible for any errors which appeared in the proof, and which was not corrected by the customer before the order was completed.
2.4 The cost of additions or alterations to any proof will be added to the price (unless changes to the proof are typographical corrections).
2.5 Minuteman Press Spencer will use its best endeavours to deliver the correct quantity ordered. Quantities will at all times be considered estimates and are conditional upon a margin of five percent (5%) being allowed for extras or shortages, which shall be charged for or deducted as appropriate.
3. Urgent Completion of Order
3.1 The customer acknowledges that requiring urgent completion of an Order increases the risk of defects. Minuteman Press Spencer will use reasonable efforts to avoid defects but will not be liable for defects in an urgent completion of an Order.
3.2 The price quoted may be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
4.1 Minuteman Press Spencer will obtain goods and/or services (including typefaces, film and plates) not normally stocked or supplied by Minuteman Press Spencer from a third party in order to carry out the customer’s instructions.
4.2 Minuteman Press Spencer will not be liable for any breach of these Terms and Conditions if that breach result from or is connected with the supply by the third party of goods and/or services.
4.3 Minuteman Press Spencer acquires third party goods and/or services as agent for the customer and not as principal. Minuteman Press Spencer 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 supplier.
4.4 Any such goods or services are obtained on the basis that title in those goods does not pass to the customer until the goods are accepted by the customer and full payment has been received from the customer by Minuteman Press Spencer and thereafter paid to the third party.
5. Suspension of Work
The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, entitles Minuteman Press Spencer to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
The cancellation by the customer of an order entitles Minuteman Press Spencer to payment for work done, time spent, materials used and goods/services acquired for the purposes of the order, up to and including the date of the cancellation.
7. Material Supplied by customer
7.1 If Minuteman Press Spencer and the customer agree that the customer is responsible for supplying materials for the purposes of the order, the customer must supply enough materials to allow for spoilage, the total quantity to be specified by Minuteman Press Spencer.
7.2 Minuteman Press Spencer will not normally count or check materials supplied by the customer and if requested by the customer to do so, may charge for counting or checking.
7.3 Minuteman Press Spencer will not be responsible for defects in the goods which are caused by defects in or the unsuitability of materials supplied by the customer.
7.4 At the time that the customer’s materials are incorporated into the work, the title to the said materials passes to Minuteman Press Spencer in consideration of Minuteman Press Spencer entering into the agreement to accept the customer’s materials.
7.5 If a customer leaves property in the possession of Minuteman Press Spencer without specific written instructions as to what is to be done with it, Minuteman Press Spencer may charge reasonable storage fees, and twelve (12) calendar months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as payment for storing, handling and selling the property.
8.1 Minuteman Press Spencer will notify the customer when the order is ready for collection.
8.2 The customer will collect the goods from the premises of Minuteman Press Spencer.
8.3 If Minuteman Press Spencer agrees to deliver the goods, the customer will pay the costs of delivery.
9.1 After the order is completed, Minuteman Press Spencer will invoice the customer for the quoted price, plus any additional charges referred to in these terms and conditions.
9.2 All invoices must be paid Cash on Delivery (COD) unless prior arrangements are agreed with Minuteman Press Spencer. Any credit arrangements will require an Account Application form to be completed and approved by Minuteman Press Spencer.
9.3 Minuteman Press Spencer may at its discretion issue an invoice for the total amount before commencing the order, or may issue periodic invoices throughout the work in progress for a proportion of the quote and require that to be paid in advance of any further work being done where Minuteman Press believes it is prudent to do so, including but not limited to the following circumstances –
a) the job will take more than one month in production, or
b) Minuteman Press Spencer has not previously carried out work for the customer.
10. Non Payment and Interest
10.1 Until the customer has paid all sums outstanding for the goods supplied, title and property in the goods shall not pass from Minuteman Press Spencer to the customer.
10.2 If the customer has not paid all sums outstanding in relation to the goods, the customer must forthwith return the goods to Minuteman Press Spencer if requested in writing to do so by Minuteman Press Spencer.
10.3 Minuteman Press Spencer may at its option charge interest (at the rate of the Commonwealth Bank of Australia on overdrafts not exceeding $100,000 plus 3%) on amounts not paid when due. Interest is to be calculated on a daily basis from the due date for payment until the actual date payment is received by Minuteman Press Spencer.
10.4 The customer must pay costs, expenses or losses incurred by Minuteman Press Spencer as a result of the customer’s failure to pay Minuteman Press Spencer (including any debt collection or legal costs demanded by third parties in connection with the customer’s order).
11. Defects liability period, Replacement and Refund
11.1 The customer must inspect the goods supplied by Minuteman Press Spencer upon collection/delivery, or within seven (7) days of Minuteman Press Spencer giving notice that the goods are ready for collection.
11.2 Any claims for defects in the work must be communicated to Minuteman Press Spencer at the time of delivery/collection. Where a defect was not reasonably able to be discovered at the time of delivery/collection, the customer must notify Minuteman Press Spencer in writing of the claimed defect within seven (7) days.
11.3 If Minuteman Press Spencer agrees to indemnify the customer for any defects, Minuteman Press Spencer will provide a repair or replacement of the defective goods where it is reasonable to do so. Minuteman Press will provide a replacement within a reasonable time.
11.4 Minuteman Press Spencer is not required to provide a refund or replacement for a change of mind. But the customer can choose a refund or exchange if an order has a major problem. This is when the goods:
• are unsafe
• are significantly different from the sample or description
• do not do what we said it would, or what you asked for and cannot be easily fixed.
Alternatively, the customer can choose to keep the goods and Minuteman Press Spencer will compensate the customer for any reduction in value. If the problem is not major, Minuteman Press will repair or replace the order within a reasonable time.
11.5 Unless a refund will be provided according to these terms, the customer agrees it will pay the invoice to Minuteman Press Spencer notwithstanding any claim for defects.
12.1 If Minuteman Press Spencer delivers the goods to the customer’s premises, the risk in the goods passes to the customer at time of delivery. Otherwise, risk in the goods passes at the time Minuteman Press Spencer notifies the customer that the goods are ready for collection.
12.2 Minuteman Press Spencer shall not be liable for insurance, freight, loss or damage to goods incurred in transit.
12.3 Minuteman Press Spencer has no obligation to insure property of the customer in its possession. If the customer requires insurance over any property in the possession of Minuteman Press Spencer, the customer must make this request for insurance to Minuteman Press Spencer in writing. The customer must pay the cost of any insurance arranged by Minuteman Press Spencer at the request of the customer.
12.4 If a customer leaves property in the possession of Minuteman Press Spencer without specific written instructions as to what is to be done with it, Minuteman Press Spencer may charge reasonable storage fees, and twelve (12) calendar months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as payment for holding and handling the property.
13.1 Pursuant to legislation, the customer is entitled to certain rights in relation to the provision of goods and services which cannot be excluded, restricted or modified by agreement (“Non-excludable rights”).
13.2 Minuteman Press Spencer will not be liable for any loss or damage where such loss is occasioned by a cause beyond its control, including but not limited to breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, delays in transport, industry strikes, lockouts, fires, floods, war, terrorism, or action by a government authority.
13.3 The customer warrants that it will retain its own secure copy of any electronic data or hardcopy documents supplied to Minuteman Press Spencer. Minuteman Press Spencer does not accept any risk for the handling or storage of electronic data or hardcopy documents and is not liable to the customer for loss or damage to any data stored on disks, tapes, compact disks or other media supplied by the customer to Minuteman Press Spencer or for loss or damage to any property of the customer.
14. Intellectual property
14.1 Copyright in all works by Minuteman Press Spencer shall remain the property of Minuteman Press Spencer.
14.2 Conditional upon receipt of payment in full for the work performed by Minuteman Press Spencer, Minuteman Press Spencer grants to the customer a non-exclusive license to use the copyright in works created by Minuteman Press Spencer specifically for the purposes of the Order.
14.3 The customer guarantees to Minuteman Press Spencer that the customer has copyright in or a licence to authorise Minuteman Press Spencer to reproduce all works supplied by the customer to Minuteman Press Spencer for the purpose of the Order. The Customer expressly authorises Minuteman Press Spencer to reproduce all and any of such works for the purposes of the Order.
14.4 The customer indemnifies and agrees to keep Minuteman Press Spencer indemnified against all liability, losses or expenses incurred by Minuteman Press Spencer in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in materials supplied by the customer.
The customer must keep confidential and must not (without Minuteman Press Spencer’s written consent) use any ideas, systems or processes communicated or made available by Minuteman Press Spencer to the customer.
16. Electronic Media
16.1 All Discs, tapes, compact discs or other media (other than the media supplied by the customer) used by Minuteman Press Spencer to store data for the purposes of completing the Order are the property of Minuteman Press Spencer. The customer cannot require Minuteman Press Spencer to supply to the customer any such data. Minuteman Press Spencer may charge the customer for supplying such data where it chooses to supply such data to the customer.
16.2 Minuteman Press Spencer will not be liable for storing any data on discs, tapes, compact discs or other media after the Order has been completed. If Minuteman Press Spencer agrees to store such data, Minuteman Press Spencer may charge the customer to do so.
17. No Waiver
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Any provision in these Terms and Conditions which is invalid or unenforceable must be read down, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions.
19. Governing law and jurisdiction
These Terms and Conditions are governed by the in law in force in Victoria.
20. Goods and Services Tax
The customer will be liable for any goods and services tax payable on the supply of goods and/or services by Minuteman Press Spencer to the customer.
21. Personal Property Securities Act
21.1 The customer acknowledges and agrees that:
a) these Terms and Conditions give rise to a security interest and constitute a security agreement for the purposes of the Personal Property Securities Act 2010; and
b) the security interest is taken in all goods previously supplied by Minuteman Press Spencer to the customer (if any) and all goods that will be supplied in the future by Minuteman Press Spencer to the customer during the continuance of the parties’ relationship.
21.2 The customer undertakes to:
a) sign any further documents and/or provide any further information, such information to be complete, accurate and up to date in all respects, which Minuteman Press Spencer may reasonably require to register a financing statement on the Personal Property Securities Register;
b) reimburse Minuteman Press Spencer for all expenses incurred in registering a financing statement or financing charge statement on the personal Property Security Register;
c) give Minuteman Press Spencer not less than fourteen (14) days prior written notice of any proposed change in the customers name and/or any other change in the customers contact details.
21.3 The customer waives any rights to receive notice of any verification statement issued under the Personal Properties Securities Act.
22. Minuteman Press Spencer Franchising Ltd not party and not liable
The customer acknowledges that Minuteman Press Spencer Franchising Limited is not a party to this agreement and will not be liable in any manner.
All prices stated on this web-site are in Australian Dollars.