1. Definitions
1.1 “Seller” shall mean The Pickle Factory.
1.2 “Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
1.3 “Producer” shall mean the third party responsible for the production of tangible goods supplied and billed directly to the Buyer.
1.4 “Goods” shall mean soft copy graphic design Goods supplied by the Seller to the Buyer and/or to the Buyer’s preferred Producer
1.5 “Price” shall mean the cost of the Goods as shown on invoice(s) from the Seller to the Buyer.
2. Acceptance
2.1 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
2.2 The Buyer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Buyer’s name and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s address, facsimile number, or business practice).
3. Price And Payment
3.1 Current Pricing is shown on The Pickle Factory website http://www.thepicklefactory.com.au/ and is subject to change without notice. All invoices will reflect current charges as shown online under the “Rates” tab.
3.2 At the Seller’s sole discretion, payment for approved Buyers shall be due on 30th day of each month (30 after EOM) following the emailing of an invoice to the Buyer’s email address.
3.3 Buyers not approved for 30 after EOM credit will be invoiced on a “pay to release” basis, meaning that production-ready files will only be released for use on payment of the invoice.
3.4 Payment will be made by Electronic Funds Transfer, company cheque or bank cheque; or by any other method as agreed to between the Buyer and the Seller.
4. Delivery
4.1 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
4.2 Delivery shall be by means of electronic transfer such as email, FTP upload or link, or by posted disc.
5. Risk
5.1 Whilst every care is taken by the Seller to carry out the instructions of the Buyer, it is the Buyers responsibility to undertake a final proof reading of the Goods. The Seller shall be under no liability whatsoever for any errors made
by the Buyer in the final proof reading.
5.2 While every effort will be taken by the Seller to match corporate or requested colours/specifications, the Seller will take no responsibility for any variation of said colours in the production process and the final, tangible product supplied to the Buyer by the Producer.
6. Cancellation
6.1 The Buyer is entitled to cancel the order of Goods at any time in writing.
6.2 Cancellation will incur charges relating to the time the Seller has recorded for that Goods order up until the time of cancellation.
7. Default
7.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.
7.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall be responsible for the Seller’s costs and disbursements including charges for debt collection or the Seller’s legal fees where required.
7.3 The Buyer shall be responsible for any and all bank fees or charges incurred by returned cheques and these will be immediately payable to the Seller. The Seller reserves the right to present cheques to the [bank] for clearance more than once.
7.4 If at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
8. Privacy
8.1 The Buyer agrees for the Seller to obtain credit information about the Buyer in relation to credit provided by the Seller.
8.2 The Buyer agrees that the Seller may exchange information about Buyer with those supplier or trade referees named in the Credit Application for the following purposes:
(a) To assess an application by Buyer;
(b) To notify other credit providers of a default by the Buyer;
(c) To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and
(d) To assess the credit worthiness of Buyer.
9. General
9.1 The Seller reserves the right to review these terms and conditions at any time.
9.2 The Buyer agrees that all/any Producers and/or product providers such as www.iStockphoto.com may provide their own Terms and Conditions of Trade, and that the Seller is in no way engaged in any agreements between the Buyer and all/any Producers and/or product providers under those terms.