Terms of Trade

1.About these terms

These Terms of Trade apply to quotations, orders and the supply of goods and services by The Trustee for Maxwell & Rose Family Trust trading as Insane Signs, also known as Insane Signs & Print, ABN 48 303 599 850 (“we”, “us” or “our”).

“You” and “your” mean the customer identified in our quotation, order confirmation or approved credit application.

“Goods” include custom printing, signage and other products we supply. “Services” include design, artwork preparation, installation and other work we undertake.

These terms include our cancellation, returns and 12-month warranty arrangements.

Nothing in these terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.

2.Quotations and prices

Written quotations are valid for 45 days from the quotation date unless stated otherwise.

Our quotations are based on the quantities, specifications, artwork, delivery arrangements and other information available when we prepare them.

The quotation will identify whether GST is included or additional. Delivery, installation, artwork preparation and other charges are included only where specified.

A change to the agreed scope, specifications or circumstances may require a revised quotation. We will explain any proposed additional charges and obtain your agreement before undertaking the additional work.

We will not change the price of an accepted order without your agreement.

3.Orders and acceptance

We will provide or make these terms available before you place your order. By accepting a quotation or authorising us to proceed after receiving these terms, you agree to them.

An order becomes binding when you accept our quotation and we confirm acceptance of your order. Approval and confirmation may be given in writing, including by email, or verbally.

Anyone placing an order on behalf of a business must have authority to do so.

The contract consists of these terms, the accepted quotation, the order confirmation and any specific conditions agreed in writing.

If there is an inconsistency, specifically negotiated written conditions prevail, followed by the accepted quotation and these terms. An order confirmation does not change an agreed price or condition unless both parties agree.

Customer purchase-order terms apply only if we expressly accept them in writing.

4.Payment and credit accounts

Unless we approve a credit account or agree otherwise in writing, payment is due on delivery or collection. Any deposit or payment required before production will be stated in the quotation and agreed before the order is accepted.

Approved credit accounts are payable within 30 days of the invoice date unless another period is agreed in writing.

Credit approval does not guarantee a particular credit limit or require us to accept further orders.

You must promptly advise us of changes to your legal entity, business ownership, billing details or authorised purchasing contacts that affect the account.

We may review credit arrangements where there are reasonable concerns about payment or creditworthiness. Changes will generally apply to future orders. Payment terms for accepted orders remain unchanged unless we agree otherwise or exercise a right under clause 17.

Please raise invoice disputes promptly, explain the disputed amount and pay any undisputed balance when due. This does not restrict any lawful right to withhold or set off an amount.

5.Overdue payments

We may charge simple interest on overdue amounts at 15% per annum, calculated daily from the day after the due date until payment.

We will not charge interest on a genuinely disputed amount while we investigate the dispute promptly and in good faith.

You are responsible for reasonable external debt-recovery costs actually incurred because of your failure to pay an amount properly due, to the extent recoverable by law. We will not recover the same expense twice.

Before suspending work for non-payment, we will ordinarily give written notice identifying the overdue amount and allow at least seven days to remedy the default.

6.Artwork and customer information

You must provide accurate order details and artwork suitable for the agreed work.

Before approving artwork, proofs or specifications, check all relevant details, including:

• Spelling, wording and contact information.
• Dimensions, quantities and layout.
• Images, logos and artwork quality.
• Materials, finishes and any stated production requirements.

Where we produce goods correctly in accordance with the artwork and specifications you approved, errors in those approved details are your responsibility. Corrections or reprints required because of those errors will be charged separately.

If we identify an apparent problem with supplied artwork, we will raise it with you. Unless proofreading or another checking service is expressly included, you remain responsible for checking the content you approve.

Approval does not excuse defective materials or workmanship, departures from approved specifications or a failure to meet applicable consumer guarantees.

7.Colour and production specifications

Screen displays and uncalibrated printers may reproduce colours differently from the finished product. Materials and production methods can also affect appearance.

If an exact colour match, physical sample or specific tolerance is important, tell us before approving the order so we can agree on the appropriate specification or proof.

Any production tolerance must be disclosed and agreed before production. This clause does not excuse failure to meet an agreed specification or applicable consumer guarantee.

8.Approval, changes and cancellations

All our products are custom made to order. We do not accept change-of-mind returns or refunds.

Once you approve an order and authorise us to proceed, you are committed to that order. You cannot cancel or change it as of right because you have changed your mind.

We may agree to a cancellation or change in writing. Any agreement will specify the charges payable for work completed, materials used or specially procured, reasonable expenses and unavoidable commitments incurred for the order.

Cancellation charges will take account of costs we avoid and amounts reasonably recovered through reuse, supplier refunds or resale. We will not charge twice for the same cost. Any remaining prepaid balance will be refunded.

Changes may require new artwork approval, additional payment and a revised completion date.

This clause does not restrict cancellation, refund or other rights available under Australian Consumer Law.

9.Production and delivery

Production and delivery timeframes depend on receiving the required approvals, information and agreed payments.

We will tell you whether a quoted date is an estimate or an agreed deadline. If timing is essential, you must tell us before placing the order so we can confirm whether we can meet it.

We will take reasonable steps to meet agreed timeframes and notify you promptly of material delays.

You must provide accurate delivery details and arrange reasonable access for delivery. Reasonable additional delivery or storage costs caused by incorrect instructions or failure to accept an arranged delivery will be discussed with you before being incurred where practicable.

We will agree with you before making a part delivery that materially changes the agreed delivery arrangements or creates additional charges.

Goods are delivered when received by you or your nominated recipient at the agreed location, or collected by you or your authorised representative.

Where you independently arrange a carrier to collect goods, collection occurs when the goods are handed to that carrier. This does not remove our responsibility for inadequate packaging, existing defects or other obligations imposed by law.

10.Installation and site access

The quotation will specify any installation work included.

Unless the quotation states otherwise, you are responsible for obtaining necessary property-owner permissions and approvals allocated to you, and for providing safe, suitable access to the installation site.

Tell us about known hazards, concealed services, access restrictions and relevant surface or structural issues before installation.

We remain responsible for approvals allocated to us, our work practices and our legal safety obligations.

If unexpected site conditions make the agreed work unsafe or require additional work, we may pause the affected work, explain the issue and agree on the appropriate response and any additional charges before proceeding.

We are responsible for damage caused by our failure to exercise reasonable care. We are not responsible for pre-existing damage or problems caused solely by inaccurate site information you supplied, except to the extent that our own acts or omissions contributed.

11.Ownership of goods

Ownership of goods passes to you when we receive full payment for those goods.

Before ownership passes, you must take reasonable care of the goods and, where practicable, keep them identifiable.

A trade customer may resell or install goods in the ordinary course of business. Doing so does not remove the obligation to pay us.

Any recovery of unpaid goods must occur by agreement or through a lawful process. These terms do not authorise forcible entry or unlawful removal of installed goods.

Any personal guarantee, general security or additional credit security must be separately documented and agreed.

12.Inspection and reporting problems

Please inspect goods promptly after receipt.

We ask that visible damage, shortages or obvious errors be reported in writing within seven days so we can investigate promptly. Failure to report within seven days does not deem goods free of defects or automatically prevent a valid claim.

Report other problems as soon as reasonably practicable after discovering them.

Contact sales@insanesigns.com.au and provide:

• Your name and order number, invoice or other proof of purchase.
• A description of the problem and when you noticed it.
• Clear photographs of the issue and the overall product.
• Photographs of packaging where goods arrived damaged.

Photographs are our first assessment step. If you cannot provide them, contact us to arrange another way to assess the issue.

Please retain the affected goods for assessment and contact us before returning, disposing of or removing them. Take reasonable steps to prevent further damage, provided it is safe to do so.

13.Returns and assessment

After reviewing your information, we will arrange return of the affected goods for inspection where reasonably necessary and provide return instructions.

For installed signage, oversized goods or items that cannot reasonably be returned, we will arrange an appropriate inspection or collection process.

We will assess the reported problem within a reasonable time and explain our findings and proposed remedy. Our assessment does not restrict your right to dispute the outcome or seek a remedy available by law.

Where a claim is covered by our warranty, we will cover reasonable assessment, return and replacement or rectification costs. We will also meet our obligations concerning costs under Australian Consumer Law.

Please discuss transport arrangements with us first. To request reimbursement of reasonable claim expenses you have paid, email the receipts to sales@insanesigns.com.au.

We will disclose and obtain your agreement to any proposed charge for work outside warranty or statutory coverage before undertaking that work.

14.Our 12-month warranty

We provide a 12-month warranty against defects in materials and workmanship in the goods and services we supply.

For goods, the warranty starts when you receive or collect them. For services, including installation, it starts when the work is completed.

Leaving goods packaged, storing them or first using them later does not delay or restart the warranty period.

Notify us within the 12-month period to claim under this warranty, using the process in clauses 12 and 13.

If a defect is covered, we will replace the defective goods or rectify the defective work without charge, within a reasonable time. Where necessary to complete a covered remedy, this includes reasonable removal and reinstallation work.

Replacement or rectification is our usual remedy under this voluntary warranty. It does not restrict any right to a refund or another remedy under Australian Consumer Law.

The warranty applies when goods are used for their agreed purpose and in accordance with care, storage and installation instructions provided by us.

It does not cover problems caused by:

• Misuse or accidental damage.
• Unsuitable storage or failure to follow our instructions.
• Installation, modification or repairs by others.
• Use outside the conditions or purpose agreed for the product.

An exclusion applies only to the extent that the relevant action or condition caused the problem. It does not exclude responsibility for our defective work.

Normal wear consistent with the product’s intended purpose is not a defect. Premature deterioration caused by defective materials or workmanship may be covered.

The benefits of this warranty are additional to your other legal rights and remedies. Australian Consumer Law rights may continue beyond 12 months.

15.Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

16.Responsibility for loss

Each party is responsible for loss or damage to the extent caused by its breach of the agreement, negligence or other wrongful conduct, subject to applicable law.

Neither party is responsible to the extent that the other party caused or contributed to the loss. Each party must take reasonable steps to minimise its loss.

Nothing in these terms imposes a blanket monetary cap on a statutory remedy or excludes compensation that the law requires us to provide.

17.Suspension and termination

Either party may terminate an affected order if the other party materially breaches the agreement and fails to remedy the breach within 14 days after receiving written notice describing the breach, where it is capable of being remedied.

We may suspend affected work after the payment notice period in clause 5 expires. We may also immediately pause work to address a genuine safety risk, unlawful instruction or other situation where continuing would breach the law.

We will explain the reason and, where possible, the steps required for work to resume.

Termination does not remove accrued payment obligations or other existing rights. Any charges or refunds must reflect work properly performed, applicable legal rights and reasonable steps to minimise loss.

Nothing in this clause limits an immediate termination right available under Australian Consumer Law.

18.Events outside reasonable control

If an event outside a party’s reasonable control prevents performance, that party must promptly notify the other, explain the likely effect and take reasonable steps to reduce the disruption.

The parties will discuss revised arrangements. This clause does not automatically excuse payment for goods or services already properly supplied.

If the affected work cannot be completed within a reasonable time, either party may end the unperformed part of the order. We will refund payments for goods or services not supplied, subject to any lawful payment entitlement for work properly completed and retained by you.

Rights under Australian Consumer Law remain unaffected.

19.Intellectual property and confidentiality

You must have permission to use and reproduce artwork, photographs, logos, trademarks and other material you supply.

You authorise us to use that material, and permit necessary service providers to use it, solely to prepare and fulfil your order.

You are responsible, to the extent permitted by law, for reasonable loss directly caused by your breach of this obligation. You are not responsible for loss caused by our unauthorised use, modification or other wrongdoing.

Our pre-existing designs, production methods, templates and working tools remain ours.

Unless agreed otherwise in writing, copyright in original artwork we create remains ours. Once you have paid the agreed design charges, you receive a non-exclusive licence to use the final approved design for the purpose stated in the quotation. Supply of editable source files or transfer of copyright must be separately agreed.

Each party must protect the other’s confidential information and use it only for the order, related account administration or another agreed purpose. Disclosure is permitted where reasonably necessary to professional advisers or service providers under appropriate confidentiality obligations, or where required by law.

20.Privacy

We handle personal information in accordance with our Privacy Policy and applicable privacy law.

We use relevant customer information to process enquiries and orders, manage accounts, arrange delivery or installation and administer claims.

If a credit application requires additional privacy notices or authorisations, we will provide them separately. Acceptance of these terms does not constitute consent to unspecified credit reporting or marketing activities.

21.Complaints and disputes

Please send complaints to sales@insanesigns.com.au with your order details and the outcome you are seeking.

We will investigate and respond within a reasonable time. Both parties will make a reasonable effort to resolve disputes through discussion.

This does not prevent either party from seeking urgent relief, contacting a regulator or using a court, tribunal or other available dispute-resolution process.

22.Changes to these terms

The version provided and accepted when an order is placed applies to that order.

We may update these terms for future orders by providing the revised version before acceptance. Changes do not retrospectively alter accepted orders.

Existing credit agreements, guarantees and security arrangements are changed only through an appropriate agreement or other lawful process.

23.General provisions

These terms and the agreed order documents record the agreement for the relevant supply. They do not exclude liability for misleading statements or other rights that cannot lawfully be excluded.

A failure or delay in exercising a right does not, by itself, waive that right.

If a provision is invalid or unenforceable, it is severed to the extent possible without affecting the remaining provisions.

The agreement is governed by the laws of New South Wales and applicable Commonwealth laws. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and relevant federal courts, without restricting a customer’s right to use another court or tribunal available under mandatory law.

24.Supplier and warranty contact details

Please contact us before returning goods so we can provide the appropriate instructions.