TERMS AND CONDITIONS OF SALE
- “CC” means the Coaster Creations Pty Ltd (ABN 59 162 061 574) trading as Coastal Coasters
- “Contract” means a contract for sale by CC to the Customer of the Product incorporating these Terms and Conditions.
- “Customer” means the person (legal or natural) who accepts a written quotation of CC for the sale of the Product.
- “Location” means the place where the Product is situated as specified on Customer’s invoice.
- “Product” means any product sold to the Customer pursuant to the Contract as specified on the Customer invoice.
- “Price” means the charges for the Product.
- “Guarantor” the person who signs the written quotation on behalf of a company, partnership or trust.
- FORMATION OF CONTRACT
- The Product sold is subject to these Terms and Conditions. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions.
- A Contract shall only come into existence when CC written quotation, which is signed or accepted by Customer in writing, is received by CC, or when the Customer’s order is confirmed and accepted by CC, whichever is the earlier.
- No variation or amendment of these Terms and Conditions shall be binding on CC unless
confirmed by it in writing.
- CC can accept that the Customer has the power or authority to form a contract between the Customer and CC without any further investigations.
- ORDERS, PRICE AND PAYMENT
- CC may, at its sole discretion, allow a Customer to cancel its order after acceptance, if written notice of such cancellation is received by CC before commencement of manufacture of the Product. CC shall be entitled to levy a cancellation charge equal to 35% of the price of the Product.
- CC may at its sole discretion, cancel a customer’s order which was subject to artwork requirements from the Customer as notified by CC, after 4 weeks from the date of the Customers approval of the written quotation and after 4 artwork pending reminder notices send from CC. CC shall be entitled to levy a cancellation charge equal to 35% of the price of the Product.
- Unless CC have expressly agreed credit terms, payment for the Product shall be made 14 days from the physical delivery of Product to the Location nominated in the Customer’s invoice.
- All invoices are payable without discount of any kind in the denomination stated in the quotation. In no circumstances shall the Customer be entitled to make any deduction, set off or to withhold payment for any reason whatsoever.
- The price of the Product shall be the price in CC written quotation.
- Prices are exclusive of all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes. Such taxes shall be borne by the Customer and will appear as separate items on Customer’s invoices, where appropriate.
- An administration fee of 12.5% of the Product Price is applicable if paying the invoice by installments as indicated in the written quotation.
- Time for payment is of the essence. CC reserves the right to charge interest on sums overdue, on a day to day basis from the due date for payment thereof to the date of actual payment (both days inclusive) at the rate of 20% per annum. Such interest shall be paid on demand.
- CC reserves the right to recover all costs associated with the collection of any unpaid amount.
- CC accepts payment by cheque, direct debit, Visa, Mastercard, Bankcard, AMEX, Diner’s Club.
- PRODUCT AND QUANTITY
- CC will delivery the Product and Quantity as described CC written quotation.
- CC has the right to rectify any printing or delivery error within 30 days from the date the error has been reported to CC by the Customer.
- JOINT PRODUCTS (AS INDICATED IN WRITTEN QUOTATION)
- CC has the right to promote any business its deems appropriate on joint products. Joint advertisers do not have any recourse against CC if they are not satisfied with the other advertisers on the joint product.
- CC do not control or take any responsibility in relation to how the joint product will be distributed by the other joint advertisers.
- Joint products are invoiced separately as per the written quotation to each joint advertiser. A complaint by another joint advertiser does not affect the invoice or terms of payment.
- A complaint by another joint advertiser does not affect the invoice or terms of payment.
- Title to the Product shall pass to the Customer upon delivery of the Product to the Location nominated on the CC written quotation.
- CC shall deliver the Product to the place of delivery designated by the Customer and agreed to by CC as evidenced in the CC written or verbal quotation.
- CC may, at its discretion, deliver the Product by installments. Where the Product is so delivered by installment, each installment shall be deemed to be the subject of a separate contract and no default or failure by CC in respect of any one or more installments shall vitiate the Contract in respect of Product previously delivered or undelivered Product.
- If the Customer fails to take delivery of the Product or any part of them when they are made available to it or fails to provide any instructions to enable the Product to be delivered on the due date. CC shall be entitled, upon giving written notice to the Customer that CC in holding the Product, to all costs and expenses (including storage and insurance charges) arising from its failure.
- ACCEPTANCE OF PRODUCT
- Unless the Customer notifies CC to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Product shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Product whilst any claim is being investigated by CC.
- WARRANTY AND REPRESENTATION
- CC does not give any warranty in relation to the final colour of the Product unless Customer supplies CMYK colour codes. Colour variations may occur due to absorption rate. Any warranty or representation made by either party prior to the acceptance of the order will have no force or effect unless otherwise stated herein. CC does not give any warranty in relation to how long the Product will last or when they will be used as this cannot be controlled by CC and will depend on the usage rate.
- By the Customer approving the written or verbal quotation, it means that the written or verbal quotation’s artwork is correct and has been carefully checked by the Customer for spelling, typographical, clerical or other errors or omissions, and that the Customer relieves CC of any errors that have not been corrected by the Customer on the written quotation.
- Any typographical, clerical or other error or omission in quotation, invoice or other documents or information issued by CC shall be subject to correction without any liability on the part of CC.
- FORCE MAJEURE
- Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
- The Guarantor guarantees to CC the payment by the Customer for all goods and/or services that have been supplied.
- CC does not have to give notice of any neglect or omission on the Customer’s part to pay for such goods and/or services and in the event of the Customer failing to pay CC forthwith, the Guarantor will pay the amount of such debt. This guarantee shall not be affected or discharged by any change in relationship, which may now or hereafter exist, between the Customers and the Guarantor.
- This guarantee shall be enforceable against the Customer and Guarantor jointly and severally.
- That in order to give effect to this guarantee the guarantors hereby declare that CC, shall be at liberty to act as though the Guarantors were the principal Customers and the Guarantors hereby waive all or any of their rights as sureties which may at any time be inconsistent with any of the provisions herein.
- It is hereby further agreed that a statement in writing signed by the Manager, Secretary, Accountant or Group Credit Manager of CC for the monies due or owing shall be prima facie evidence of the amount so due or owing covered by this guarantee.
- No change in the constitution of the Customer firm (if applicable) shall affect liability under this guarantee whether past, present or future.
- Customer complaints must be placed in writing. CC will respond to complaints as soon as practically possible.
- PRIVACY PROTECTION OF INFORMATION
- Agreement that CC may seek consumer credit information (Section 18K(1)(b), Privacy Act 1988 (Australia)). If CC considers it relevant to assessing my/our application for commercial credit, I/we agree to CC obtaining from a credit reporting agency a credit report containing personal credit information about me/us in relation to commercial credit provided by CC.
- Exchanging information with other credit providers (Section 18N(1)(b), Privacy Act 1988 (Australia)). I/we agree to CC obtaining personal information about me/us from other credit providers, whose names I/we may have provided for CC or that may be named in a credit report, for the purpose of assessing my/our application for commercial credit made to CC.
- Agreement to a credit provider being given a consumer credit report to collect overdue payments on commercial credit (Section 18K 1(h) Privacy Act 1988 (Australia)). I/we agree that CC may obtain a consumer credit report about me/us from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by me/us.
- All notices shall be in writing and shall be sent to the address of the recipient set out in the CC written quotation. Any such notice may be delivered personally or by letter, or by facsimile transmission and shall be deemed to have been served if by hand when delivered, if by post 48 hours after posting and if by telex or facsimile transmission when dispatched.
- The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
- These Terms and Conditions shall be governed by and construed in accordance with the laws in force in Queensland and the courts and registries of courts in Queensland have jurisdiction in the event of any dispute.
SUPPLY AGREEMENT TERMS AND CONDITIONS
- “Coaster Creations” means the Coaster Creations Pty Ltd ABN 59162 061 574 or Coaster Creations Pty Ltd trading as Coastal Coasters, Signature Score Cards, and associated entities.
- “Agreement” means an Agreement for supply by Coaster Creations to the Venue of the Product incorporating these Terms and Conditions.
- “Venue” means the person (legal or natural) who accepts a written agreement from Coaster Creations for the supply of the Product.
- “Location” means the place where the Venue is situated.
- “Product” means the Product indicated in the written agreement from Coaster Creations.
- FORMATION OF AGREEMENT
- The Product is supplied subject to these Terms and Conditions. The Venue acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions.
- This Agreement shall only come into existence when Coaster Creations written agreement, is signed or accepted by the Venue in writing, is received by Coaster Creations, or when the Venue’s order is confirmed and accepted by Coaster Creations, whichever is the earlier.
- No variation or amendment of these Terms and Conditions shall be binding on Coaster Creations unless confirmed by it in writing.
- The written agreement shall remain valid until revoked in writing by either party with 30 days notice.
- Coaster Creations can accept that the Venue has the power or authority to form a contract between the Venue and Coaster Creations without any further investigations.
- PRODUCT AND QUANTITY
- There is no charge to the Venue for the Product as described in the written agreement.
- Coaster Creations will delivery the Product as described in the written agreement.
- The Venue agrees to use or display the Product for the purpose for which they are intended.
- The Venue agrees to commence using the Product within a reasonable timeframe from the delivery date.
- Coaster Creations reserves the right to promote advertisers of Coaster Creations choice unless previously instructed in writing by the Venue.
- Coaster Creations has the right to use third party sale entities to promote the Product to local businesses in the Venue’s immediate area under an agreement between Coaster Creations and the third party sales entities.
- Coaster Creations shall deliver the Product to the place as designated in the written agreement.
- If the Venue fails to take delivery of the Product or any part of them when they are made available to it or fails to provide any instructions to enable the Product to be delivered on the due date. Coaster Creations shall be entitled, upon giving written notice to the Venue, that Coaster Creations in holding the Product, is entitled to all costs and expenses (including storage and insurance charges) arising from its failure.
- ACCEPTANCE OF PRODUCT
- Unless the Venue notifies Coaster Creations to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Product shall be deemed to have been accepted by the Venue as being in good condition and in accordance with the written agreement.
- The Free Supply Agreement shall remain valid until revoked in writing by either party with a grace period of 30 days notice. If the venue chooses not to receive the free supply of drink coasters, bar runners or scorecards then a call must be placed and all sealed products shall be returned to us immediately and not disposed of. Products that have already been opened may need to be distributed in the premises as per the supply agreement that has been entered into. If a venue is over supplied with drink coasters, bar runners or scorecards then all products shall be returned to us immediately and not disposed of. Please call Coastal Coasters on 1800 686 590 ext 247 if you wish to cancel your Venue Supply Agreement or Return Stock.
- Upon entering the Free Supply Agreement the venue acknowledges that unless specifying any exclusions in products or industries in the original agreement Coastal Coasters can not be held liable for conflict of products with potential members or other suppliers of the venues. Therefore the venue will be held liable if they refuse use and distribution of products as this may result in our customers not wanting to pay for services rendered.
- WARRANTY AND REPRESENTATIVE
- This agreement constitutes the entire agreement of the parties and supersedes all prior agreements, understandings and negotiations entered into in respect of the matters set out herein.
- Any warranty or representation made by either party prior to the acceptance of the written agreement will have no force or effect unless otherwise stated herein.
- Coaster Creations can use the name of the Venue in the Promotion of the Product.
DIRECT DEBIT REQUEST SERVICE AGREEMENT
This is your Direct Debit Service Agreement with Coaster Creations Pty Ltd Trading As Coastal Coasters ABN 59 162 061 574 De User ID 486586. It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
1.1 “Account” means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
1.2 “Agreement” means this Direct Debit Request Service Agreement between you and us.
1.3 “Banking Day” means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
1.4 “Debit Day” means the day that payment by you to us is due.
1.5 “Debit Payment” means a particular transaction where a debit is made.
1.6 “Direct Debit” request means the Direct Debit Request between us and you.
1.7 “Us” or “We” means Coaster Creations Pty Ltd Trading As Coastal Coasters, (the Debit User) you have authorised by requesting a Direct Debit Request.
1.8 “You” means the customer who has signed or authorised by other means the Direct Debit Request.
1.9 “Your Financial institution” means the financial institution nominated by you on the DDR at which the account is maintained.
2 DEBITING YOUR ACCOUNT
2.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
2.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
2.3 or We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
2.4 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
3 AMENDMENTS BY US
3.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
4 AMENDMENTS BY YOU
4.1 You may change*, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14 days) notification by writing to: Coaster Creations Pty Ltd Trading As Coastal Coasters, PO Box 6804 GCMC Qld 9726
4.2 by telephoning us on 1800 686 590 during business hours;
4.3 arranging it through your own financial institution, which is required to act promptly on your instructions.
4.4 *Note: in relation to the above reference to ‘change’, your financial institution may ‘change’ your debit payment only to the extent of advising Coaster Creations Pty Ltd Trading As Coastal Coasters your new account details.
5 YOUR OBLIGATIONS
5.1 5.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
5.2 5.2 If there are insufficient clear funds in your account to meet a debit payment:
5.3 (a) you may be charged a fee and/or interest by your financial institution;
5.4 (b) you may also incur fees or charges imposed or incurred by us; and
5.5 (c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
5.6 5.3 You should check your account statement to verify that the amounts debited from your account are correct
6.1 5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 1800 686 590 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution.
6.2 5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
6.3 5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
7.1 You should check:
7.2 (a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
7.3 (b) your account details which you have provided to us are correct by checking them against a recent account statement; and
7.4 (c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
8.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
8.2 We will only disclose information that we have about you:
8.3 (a) to the extent specifically required by law; or
8.4 (b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
9.1 If you wish to notify us in writing about anything relating to this agreement, you should write to Coaster Creations Pty Ltd Trading As Coastal Coasters, PO Box 6804 GCMC Qld 9726
9.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.
9.3 Any notice will be deemed to have been received on the third banking day after posting.