All purchase orders placed with Cubic Promote by the Customer, now and or in the future is bound by the following Terms and Conditions (this “Document”) provided below. Cubic Promote may update this Document from time to time.
1. All purchase order(s) are to be written sent via email or fax.
2. For purchase orders with branding, artwork must be supplied by the Customer in the appropriate form. (more detail can be found under Artwork Requirements).
3. The Customer is responsible for the artwork to be approved and the detail contained in the artwork mock.
4. The Customer acknowledges that:
Products offered by Cubic Promote is intended for promotional and marketing purposes only.
Products advertised on Cubic Promotes website(s), may become unavailable, out of stock or discontinued, or changes (of a style nature) may be made from time to time. Cubic Promote does not guarantee that all merchandise is in stock or available at the time of order, or that, if the product is available, it is identical to the advertised product as each batch may have slight variations.
Every effort is made to match PMS colours however different material, and surfaces may result in a PMS colour to appear different during its branding process and technic. It is not always possible to match PMS colours exactly.
It is not always possible to deliver exact quantities if the product ordered due to availability, quality control and time constraints and Cubic Promote reserves the right to supply quantities plus or minus 5% of the quantity of any product ordered and the price payable by the Customer shall be adjusted accordingly.
Rush orders outside of standard turnarounds may include a surcharge for print and delivery.
By supplying Cubic Promote with artwork files and data uploading files you authorise Cubic Promote to use the files supplied to produce the promotional products on your behalf.
5. Cubic Promote requires payment upon production unless other arrangements are made in writing agreed between Cubic Promote and the Customer. Production only commences once artwork has been approved and invoice paid.
6. Clients may supply a Purchase Order Terms and Conditions at the commencement of the Purchase Order, subject to Cubic Promote’s agreement. Any supply of terms and conditions after the Purchase Order has been placed and Artwork approved will be deemed invalid.
7. Until the Customer has paid all sums outstanding in relation to any goods supplied, title to the goods shall not pass from Cubic Promote to the Customer.
8. Cubic Promote will charge late fees for any late invoices and reserves the right to pass on the debt to Collection Agency for any overdue invoices. Cost for debt collection and associated recovery fees will be passed onto the Customer.
9. In the event of payment by credit card (Visa, Mastercard, American Express) merchant's fees will be charged to and payable by the Customer - Visa, Mastercard - 1.38%, American Express - 1.925%. Cheque and Direct Credit are accepted as a payment form.
10. Freight and/or handling charges apply to all deliveries and are payable by the Customer.
11. Order Cancellations – Once you place an order and approve the artwork with Cubic Promote, you enter into an agreement with Cubic Promote to supply you with the merchandise. In the event you cancel the order after artwork approval, cancellations fees from $100 will apply. Cancellation fees can vary from order to order depending on its status. These fees typically involve artwork fees, set up costs, restocking fee or full payment of the order if the items have already been decorated. You will not be responsible for cancellation fees if we don’t have the item in stock.
12. Order Amendments – Orders can only be amended with written notice and agreement with Cubic Promote. Any additional work or expense incurred by the amendment will be passed on to the Client.
13. Goods may be returned if faulty. The Customer must inspect the goods supplied by Cubic Promote within 14 days of delivery, and any claims must be made in writing within that period, and no claim shall be made by the Customer outside that period.
14. No refund or exchanges will be given for a change of mind.
15. The customer acknowledges that small variances between products within the same order relating to colour and/or product details. This is normal and to be expected with each batch of product being produced at different times. The variance will be within 5%.
16. Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Cubic Promote are expressly excluded (unless such warranties cannot at law be excluded). However, Cubic Promote shall, if reasonably possible, pass on to the Customer the benefit of any manufacturers' warranties.
17. To the fullest extent permitted by law, except as provided herein, Cubic Promote shall not be liable to the Customer for any loss or damage (direct or consequential) of any kind arising out of the supply of goods and services. Liability for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act, 1974 is hereby limited to:
o In the case of goods, any one or more of the following:
§ The replacement of the good or the supply of equivalent goods
§ The payment of the costs of replacing the goods or of acquiring equivalent goods
o In the case of services:
§ The supplying of the services again
§ The payment of the cost of having the services supplied again
18. Cubic Promote will not be liable for any loss, damage or expense suffered or incurred by the Customer where such loss is occasioned by cause beyond Cubic Promote's reasonable control, not limiting to delays in transport, breakdowns in machinery, and natural disasters.