Terms & Conditions
Terms and Conditions of Trade
These terms and conditions of trade apply to all work (including but not limited to data, printing and mailing
services) performed by Direct Response Australia Pty Ltd ACN 087 789 044.
In these terms and conditions unless the context otherwise requires: “Company” means Direct Response
Australia Pty Ltd ACN 087 789 044;
(a) “Contract” means the contract created by acceptance from the Client of the company’s quotation;
(b) “Client” means any person or company which accepts a quotation whether by itself or by an agent on its behalf;
(c) “Materials” includes goods, products, stocks, envelopes, packaging, print and other materials used or to be used by the company in performance of or in connection with the Contract and/or supplied by the Client in connection with the Contract.
This agreement is entered into for business purposes.
3. TRADING TERMS
(a) Trading Terms are 30 days from invoice date unless otherwise agreed in writing.
(b) The preferred method of payment is by Electronic Bank Transfer. Credit Card facilities are not available.
(c) The company may withdraw credit facilities at any time without notice.
Quotations must be in writing and are valid for a period of 30 days unless specified otherwise. Quotations are
based on the cost of services, labour and/or materials on the date of the quote. If changes occur in cost of
services, labour, and/or materials or any other costs prior to acceptance, or if the client requires changes in the
schedule subsequent to acceptance, the company reserves the right to amend the price quoted. Subsequent
orders may be subject to price revision were required. Quotations do not include GST or any other taxes, duties or
(a) Acceptance of the quotation or an order placed as a result thereof shall be deemed acceptance of these terms and conditions, notwithstanding any inconsistency which may be introduced by terms and conditions contained in the Client’s order and no variation of these terms and conditions shall be of any effect whatsoever unless otherwise expressly agreed by the company in writing.
(b) The Client agrees that there are no other conditions, warranties, representations or other terms affecting acceptance of the quotation other than those embodied herein except any conditions, warranties or other terms which may arise by applicable legislation and which cannot be excluded, omitted or varied by contract.
(c) The Client warrants that nothing contained in Materials supplied by the Client constitutes an infringement of any law or regulation and does not contravene any design, copyright, patent, trademark or tradename and is not defamatory or obscene.
(d) The company shall be entitled in its sole discretion to refuse at any stage to mail or deliver any Materials which constitute a breach of its own company policies or procedures or ethical standards. The company shall not be liable for any loss, cost or damage suffered by the Client as a result of any such refusal.
(e) The Client agrees to indemnify the company against all claims, actions, suits, liabilities, costs or expenses suffered or incurred by the company arising directly or indirectly out of any defect or fault in the Materials supplied by the Client or any breach by the Client of these terms and conditions (including any breach of warranty), which indemnity shall extend to include all of the company’s legal costs and expenses.
Orders may be cancelled by the client at any time by notice in writing. The company reserves the right to charge
a cancellation fee and charge for any work or services performed prior to cancellation and the cost of any goods
or services purchased for the order.
(a) Postage handling fees are included as part of the Postage charge in addition to normal postal rates, a postal lodgement and documentation fee may also be charged.
(b) The company will make every effort to meet scheduled delivery and mailing dates but will not be responsible for any delay in mailing or delay in delivery of mail by Australia Post or other distributors, including freight and courier services, for any consequential loss or damage occasioned thereby.
(c) The client may at their discretion use their own postal charge account, in which case Postage will not be charged by the company however fees for postal handling, lodgement and documentation fees may still be applicable.
(a) Where the Client supplies Materials in connection with the Contract the company accepts no responsibility or liability for any errors or defects in work performed resulting directly or indirectly from defects in, or the unsuitability of, the Materials so supplied.
(b) Any of the Client’s Materials held by the company or stored at the company’s premises or by mutual agreement at other premises shall be at the sole risk of the Client. The company accepts no responsibility or liability for the handling or storage of the Client’s Materials. If the Client wishes to insure against any such risks separate insurance arrangements may be made with the company.
(c) The company agrees to carry out the quoted services on the basis that the information and Materials supplied by the Client are of the standard and quality as specified in the quotation or otherwise as indicated by the Client and in the event that additional costs or time are incurred by the company due to information or Materials not being as specified or indicated the company shall be entitled to charge the Client for such additional costs or time and/or the company shall be entitled to exercise its discretion as to whether or in what manner to proceed with performance of the Contract.
(d) The Client’s Materials delivered to the company premises or other premises as mutually agreed are accepted on the basis that the company accepts no responsibility or liability for the accuracy of the delivery dockets accompanying such deliveries. The company may accept counts of Materials as reported by the Client or its agent but shall not be responsible for any discrepancy.
(e) The company reserves the right to charge a storage and handling fee for Materials which are warehoused by the company prior to, during and after the performance of the work pursuant to the contract and if within fourteen (14) days of completion of the work the company has received no instruction from the client the company may dispose of excess Material at its discretion without being liable or responsible to account to the Client therefore.
(f) The Client shall ensure and warrants to the company that its instructions to the company and all Materials supplied by the Client and used in performing the Contract comply with the requirements of all applicable legislation and regulations including occupational health & safety, trade practices and competition law.
(g) Where the Client’s Materials are delivered on or in pallets or other forms of packaging the company accepts no responsibility or liability for such pallets or other forms of packaging the risk therein remaining at all times vested in the Client and the company may charge the Client for the cost of return or repacking of such pallets or other forms of packaging.
(h) The company shall have a general lien for any outstanding debts of the Client against all of any of the Client’s property and materials in the company’s possession.
9. CLIENT INFORMATION
Client Information including data lists supplied to the company by the Client shall be treated by the company as
strictly confidential however the company does not accept any liability or responsibility for any loss suffered by the
Client in the event of any loss of such information as a result of fire, vandalism, theft or other cause beyond
reasonable control of the company nor shall the company be liable for any intangible or special value attached
10. FORCE MAJEURE
The company shall not be responsible or liable for any delays in or inability to carry out the Contract or variation or
cancellation of the Contract owing to an act of God, war, industrial action, machinery malfunction, failure of a third
party supplier to supply, fire, flood, drought or any other cause beyond the company’s reasonable control.
11. INTELLECTUAL PROPERTY
(a) Except where the company has specifically contracted with the client for the preparation of programs and/or specifications, all such programs and/or specifications shall remain the property of the company, notwithstanding that the clients systems and procedures may have been designed to operate with such programs and/or specifications the property therein shall remain the property of the company.
(b) The company reserves the right to use programs and associated documentation, or any parts of them, for other applications.
(c) All specifications, patents, copyright and other intellectual property rights in programs and associated documentation written by the company will remain the property of the company unless otherwise agreed in writing with the Client and no use of the same shall be made nor any ideas obtained there from be used without the written consent of the company and/or upon such terms as to compensation as the company shall require.
(a) The company shall accept no responsibility or liability for incorrect approval of proofs approved by the Client and any additions or alterations to a proof not due to error by the company may be charged extra as author’s corrections.
(b) The company may make additional charges to the Client for press proofs unless the Client is present when the form is made ready on the press so that no press time is lost.
(a) Work performed shall be deemed to be acceptable to the Client unless the company is notified in writing within seven (7) days of completion of the Contract.
(b) The liability of the company for any claim shall be limited to the value of the work performed and the company shall not be liable for any indirect or consequential or special loss suffered by the Client or any loss to the Client arising from third party claims.
(c) If any term or condition herein or part thereof is deemed to be illegal, unenforceable or invalid, that term or condition or part thereof is to be treated as removed from these terms and conditions, but the remainder of these terms and conditions shall remain legal, enforceable and valid.
(d) Notwithstanding any other provision of these terms and conditions, it is expressly agreed that nothing in these terms and conditions shall exclude, limit or vary or contravene any liability which may arise under the Trade Practices Act or any other applicable State or Federal legislation or regulation and which can not be excluded, limited or varied or to the extent that such liability may not be excluded, limited or varied.
(a) If the Client defaults in any payments to the company under this contract or if the client defaults in performance of any obligations under this contract, the company may at its option withdraw from or cancel or suspend this Contract so far as it remains unperformed) in all or in part without liability on the part of the company and the Client shall remain liable for all costs of and work done by the company to date of such withdrawal, cancellation or suspension.
(b) Any expense incurred in collecting or attempting to collect overdue monies, including any debt collector’s expense and legal costs incurred will be borne by the client.
(c) The company reserves the right to charge interest at prevailing bank overdraft rates should the client default in any payment or fail to pay by the due date.
(a) The company will ensure that its employees, agents, contractors and other stakeholders will not disclose any confidential information about the client without prior written consent of the client, except whereby such disclosure is required by law.
(b) The client will ensure that its employees, agents, contractors and other stakeholders will not disclose any confidential information about the company without prior written consent of the company, except whereby such disclosure is required by law.
The client must not assign any rights it has under these terms and conditions without the prior written consent of
17. CREDIT REPORTING
The client authorises the company to obtain or provide credit reports and other information including commercial
credit worthiness, credit history, credit capacity and solvency in accordance with prevailing Privacy laws. This
information is for the sole purpose to advance commercial credit and shall be obtained from or provided by a credit
reporting agency, a trade referee nominated herein or any other creditor of the client.