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Docklands Community News Pty Ltd ABN 26 127 893 234, trading as Docklands News, Standard Terms and Conditions of Sale

Whole Agreement

These terms and conditions together with the details and specifications contained in the Order Confirmation, shall comprise the whole agreement between the Supplier and the Customer in relation to the advertising referred to in the Order Confirmation, and any other representations or conduct made or engaged in or alleged to be made or engaged in by the Supplier to or with respect to the Customer in relation to those goods and/or services, shall not form a part of such agreement. The customer agrees that no such representation or conduct shall give rise to any collateral agreement, warranty, enforceable right or cause of action between, by or of the Customer against the Supplier.

General

These conditions (which shall only be waived in writing signed by the seller) shall prevail over all conditions of the buyer’s order to the extent of any inconsistency.

Terms of sale

The goods and all other products sold by seller are sold on these terms and conditions.

Payment

The purchase price in relation to any advertising sales is payable net. Payment is strictly 14 Days from date of invoice. Invoice queries will be accepted if received in writing within 14 days from date of invoice.

The Customer must pay for the linking via this directory or video production in full by cleared funds prior to publication, unless the Customer has an account with the Supplier, in which event the Customer shall pay for the linking via this directory or video production strictly in accordance with the terms of its account with the Supplier.

The Customer shall pay to the Supplier an extra 25 per cent should unpaid amounts need to be referred by the Supplier to an external debt collection agency.

Further, interest at the rate of 12% per annum on any amounts outstanding under this agreement or pursuant to the terms of any account which the Customer has with the Supplier, and the Customer hereby acknowledges and agrees that such interest is a genuine pre-estimate of the loss and expense that will be suffered by the Supplier in the event of non-payment in accordance with the terms of this agreement or of any account held by the Customer.

GST

GST is charged in addition to all professional fees detailed in this document in accordance with the Australian Taxation Office Ruling.

Intellectual Property

Ownership of all concepts, recordings, visuals and design applications created by the Supplier together with the copyright therein how to ensure that neither remain the property of the Supplier. They may not be reproduced, taken digitally, used for advertising or promotional application or any means of implementation anywhere in the world without the written permission of the Supplier.

A Customer shall be granted a licence to utilise the final design strictly for the purpose intended, but such licence shall not exist unless and until payment in full of all invoices is received by the Customer to the Supplier.

Time

The Customer acknowledges that where the Supplier provides to the Customer in the Order Confirmation an indication of the time that will be taken by the Supplier to fulfil the Customer's order, that such indication is an estimate only and that the Supplier shall make best endeavour, however, will not be obliged to adhere to it strictly.

The Customer shall not be entitled to cancel any order due to any failure or alleged failure by the Supplier to fulfil the order within any time indicated in the Order Confirmation. If the Customer wishes to make time of the essence of this agreement, it must give the Supplier written notice of at least seven days of its intention to do so.

Cancellation

The Supplier is not under any obligation to accept any cancellations or variations to orders by the Customer. If the Customer cancels or varies any order, it will remain liable to the Supplier for the full price as per the Order Confirmation upon which the Supplier may seek immediate payment in full.

Loss of Materials and Consequential Loss

The Supplier shall not be liable to the Customer for any loss of or damage to materials or any master provided by the Customer to the Supplier howsoever that damage may occur.

The Supplier shall not be liable to the Customer in any way whatsoever for any loss, damage, injury or death caused or alleged to be caused by the Supplier’s goods or services to the Customer whether such loss be economic, physical or of some other nature.

Acceptance of Goods Or Services

The Customer shall be deemed to have accepted the Goods from the Supplier in full and in good condition unless within 2 working days of publication it makes written notice of warranty claim to the Supplier in respect to alleged non-conformity of Goods to the Order Confirmation or to any Conditions contained herein.

Governing Law

This agreement shall be governed by the laws in force for the time being in the State of Victoria.

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