Terms and Conditions
Trading Terms & Conditions
Our Terms and Conditions govern the performance of the services and provision of goods to the Customer and will apply and prevail over any other document. 4Branding may revise the Terms and Conditions from time to time at its discretion by posting the amended terms and conditions on its website. http://www.4branding.com.au/terms.php
1. Acceptance of Order
When you confirm an order with 4Branding (ABN 87 138 242 322), you are entering into a legal agreement between you, as a single entity, the company or organisation you represent, and 4Branding.
Your order is confirmation and full acceptance of our terms and conditions. An order is deemed confirmed once you confirm the order confirmation, and/or confirm in writing (via order confirmation or email), and/or once you send through an official purchase order.
Any member of staff howsoever employed by the customer (temporary, permanent, contracted), is deemed authorised to approve an order confirmation, or customer order.
2. Order Variations
Any requests to make changes to an order, being it an addition or variation to an order must be made in writing. Upon receipt and acceptance of such request, 4Branding will re-confirm any changes in writing, and where deemed necessary via an order confirmation. Any extra charges or costs incurred as a result of the order variation will be the responsibility of the customer, and will be invoiced accordingly. 4Branding has sole discretion to accept or reject any variation to an order after the order is signed and accepted.
3. Order Cancellation
4Branding commences production on receipt of your signed order (either your company Purchase Order/PO or a 4Branding Order Confirmation form) and/or the signed or approved artwork proof (where applicable).
In the event where a job is cancelled after the order confirmation/PO, and the artwork proof has been received, the client accepts full responsibility for all costs incurred by 4Branding including but not limited to; our time, sampling costs, stock movement, re-stocking charges, packing, freight, artwork, design, bank fees, supplier fees, and administraton charges. The total amount of the cancellation charge is at the sole discretion of 4Branding, and will be a minimum of 20% of the total order value.
Due to our processes, order cancellation is not always possible, so order cancellation needs to be approved in writing by 4Branding before an order is deemed cancelled. In the instance where an order cancellation is not accepted by 4Branding, the client agrees to accept this decision without repute, and accepts all original order values and subsequent invoices.
Any order cancelled after artwork approval, will incur a minimum $50 ex gst charge.
4. Ownership of Goods
The ownership title of goods remains with 4Branding until full payment(s) have been received.
5. Artwork Preparation
We produce artwork positionals as part of our service prior to the commencement of production using your supplied logo.
If required, enhanced artwork preparation will be invoiced as below;
a) $25 + gst for basic logo re-draws (per logo).
b) $50 + gst for advanced logo re-draws (per logo).
Please supply artwork in vector EPS format (or high resolution JPG for embroidery only). All fonts & text should be outlined or the font should be supplied. Artwork not supplied in the correct format will require a logo redraw.
For extensive design work, your Account Manager will notify you of any additional artwork charges.
6. Artwork Proofs & Design Approval
All custom and branded orders will be provided with a digital layout proof prior to the commencement of production. You will be required to view and approve the digital proof before your order can go to production. By approving this digital layout proof, you understand that your order will be produced as it is depicted and notated on the digital proof. The digital layout proof will supersede ALL prior verbal, written, or other communication of any form. 4Branding will NOT be responsible for any errors in production when the item has been produced as specified in the layout proof as approved. In the case of colours (which are subject to slight variance from monitor to monitor), any specified Pantone/PMS or other systemized color scheme will take precedence over any displayed colour. Please also note, product colours may vary on different monitors.
7. Pre-Production Samples
Pre-Production samples should be requested prior to order placement.
4Branding agrees to provide pre-production samples for items;
a) Providing the client accepts the cost of sampling.
b) Providing there is adequate time.
c) Providing the manufacturing process allows the manufacture or development of samples.
4) All pre-production samples need to be approved within 24 hours from receipt. Approval within 4 hours is required for urgent jobs.
The customer agrees that further changes made to products after a pre-production sample is supplied, will incur additional costs and delivery delays.
8. Disclaimer for Products Delivered without Samples or Pre-Production Sample(s)
Product samples are available for review or purchase prior to order placement.
If a client does not have enough time, or is not willing to purchase samples for review prior to order placement, then the client agrees to accept the goods delivered without claim.
If a client does not provide the adequate lead-time where physical pre-production samples are normally provided, then the client agrees to accept the goods delivered without claim.
9. Product Returns/Claims
4Branding will consider a return of product, providing it is established and agreed there is a fault with the product, or the product does not reasonably match the sample or pre-production sample.
The customer acknowledges and accepts that reasonable variations from product to product will occur. I.e. Material colours may vary slightly between batches; Print colours and branding positions may vary slightly from product to product.
It is the client's responsibility to check all goods for quantity and quality within 48 hours from receipt of shipment, and lodge any claims within 7 days. It is the client's responsibility to return goods to 4Branding at their cost. 4Branding reserves the right to re-supply goods that are deemed faulty or incorrect.
No goods can be returned without written approval and a valid product return number. No product quality claims can be made against items unless a sample has been purchased or reviewed prior to order.
Strictly No claims after 7 days.
10. Limitation of Liability
a) Although every attempt is made to accurately maintain our web content, 4Branding does not warrant that product descriptions or other content of the website are accurate, complete, reliable, current, or error-free.
b) The Customer cannot claim against 4Branding for any minor deviation regarding the dimensions, quality or finish of the order. The customer cannot rely on any advice or representation by 4Branding or any descriptions, illustrations or specifications contained in any document produced by 4Branding.
c) Where 4Branding has produced artwork proofs or logo positionals for a job, these are only designed as a representation of the Customers design. The colours and sizing can vary on the actual product. A signed or written (email) confirmation of artwork is considered full acceptance of the proof, and authority to proceed.
d) 4Branding provides no express or implied warranties. 4Branding passes all transferable warranties made by the manufacturer of the goods to the client.
e) 4Branding will not be liable for loss or damage (including loss or damage as a result of third party claims, any loss of profits, loss of goodwill, loss of opportunity or any indirect, exemplary, special, incidental or consequential loss or damage) of any kind whatsoever, whether for negligence, breach of contract, misrepresentation or otherwise.
f) 4Branding is not liable for the quality or fitness of any materials to be used in connection with the order to the customer or any third party.
The Customer must fully indemnify 4Branding against any loss, claim, damage, suit, action, expense or liability whatsoever incurred by the Company in connection with:
a) The handling, transport, storage, display or use of the product from the time a product is at the customers risk;
b) Any negligence, wrongful act or omission, or breach of statutory duty by the Customer, or the Customers employees, contractors, officers or agents.
c) the Customer must pay 4Branding all outstanding amounts under the Contract in the event of any such loss, claim, damage, suit, action, expense or liability whatsoever and howsoever incurred.
Every effort is made to quote accurately, and quotes are provided based on the information communicated at the time of quote. We reserve the right to review/change estimates on receipt of artwork, and we reserve the right to review prices quoted at the time of order. 4Branding is not liable for misquotes; typos, miscalculations, computer, and human error. All prices are confirmed with your order confirmation. All prices quoted are valid for 14 days (Memory/USB Prices are valid for 48 hours). All pricing is subject to exchange rate fluctuations.
13. Lead Times/Delivery Dates
Any approval delays or payment delays by the customer will affect the delivery date, and 4Branding cannot be held liable. It is the responsibility of the customer to immediately attend to the;
a) Approval of order confirmation(s).
b) Approval of artwork(s).
c) Approval of samples (where required).
d) Payment of deposits or prepaid invoices.
The order confirmation delivery date is an estimated delivery date to the client. It is the customer’s responsibility to advise 4Branding of critical delivery dates prior to confirmation of order.
14. Shipment Delays
4Branding will not be held responsible for any unforeseen delays affecting the delivery of products over which we have no direct control. i.e. Loss of Freight, Local or Overseas Customs Delays, Shipping Timetables, Natural Disasters, Strikes, Industrial Action, Acts of God, mis-directed freight, loss of individual cartons etc.
Where delivery is delayed under any circumstance out of our direct control, we will do everything to expedite delivery as soon as possible.
15. Freight Re-Direction
Any additional costs that may occur due to freight re-direction instructions, after the shipment has been collected, under any circumstance (including delayed shipments), are the responsibility of the customer.
Freight is included in your quote to one delivery point, Australian Capital City Metropolitan Area address, unless otherwise stated. Freight is estimated at the time of quoting and may vary once the order is confirmed.
17. Product Samples
Product samples are available for review or purchase prior to order placement. Products can be reviewed prior to purchase to check whether they are fit for the purpose intended. [Refer to clause 9. (f)].
18. Payment Terms - General
Your first three orders will be invoiced for pre-payment until payment terms are established. 4Branding reserves the right to review/revoke payment terms at their discretion.
19. Payment Terms for Account Clients
Our payment terms are Net 14 Days from Invoice Date for STOCK items,
Or 50% Deposit & Balance Net 14 Days for CUSTOM Manufactured or INDENT Items.
All orders over $10,000 ex GST will require a 50% deposit.
We accept eft, cheque, or credit card. The Merchant Fee for credit card payments is 2% inc gst (Visa/Mastercard) or 3% inc gst (AMEX).
20. Late Payment
Payment received after the due date of the invoice will attract a 10% + gst or $150 + gst late payment fee (whichever is the greater), plus any additional legal costs, charges or fees, associated with collection. We will refer invoices (including any fees) to our debt collection agency (Dun & Bradstreet, or our solicitor/law firm) at our discretion, and in doing so, you will be responsible for all associated costs.
Late payment may also result in trading terms being withdrawn at our discretion.
21. Print Colours & PMS Colour Matching
Every effort is made to match PMS colours. However, it is not always possible to match PMS colours exactly, as branding processes and techniques differ, and product materials differ from product to product.
PMS Colours need to be supplied by the customer. Where a customer does not provide PMS Colours 4Branding will not be held responsible or liable for the final print/branding colour.
Please note that printing digitally or by heat transfer, or dye sublimation; PMS colours cannot be matched.
22. Matching an Existing Product for New and Repeat Orders
If you would like to match the colours, style, or branding colours to an existing product that we or any other supplier has provided, the onus is on the client to notify us, and accordingly you may be required to provide a physical sample of that product prior to placement of the order (whether we produced the item previously or not). Please note we will do our best to match any physical product provided, or in the case of repeat orders, the previous order, but sometimes an exact copy of a previous product or order is not always possible. In the case of Repeat Orders, products and print colours will vary slightly from order to order.
23. Production Over Runs & Under Runs
We always aim to deliver the quantity ordered. Due to some manufacturing processes and quality control, this is not always possible, so 4Branding reserves the right to deliver and invoice +/- 5% of the quantity ordered, unless stated otherwise. Plastic bags have an over / under run of +/- 10%. It is the client's responsibility to advise 4Branding if the quantity required is critical.
24. DST Files, Screens, Tools, Molds
DST Files, Screens, Tools, Molds and all items used in the branding or manufacturing process remain the property of 4Branding or our contractors/manufacturers/branders.
4Branding respects the privacy of individuals and organisations. All data is collected with your permission and for the express purpose of providing better information, products, and services. You may receive information from us occasionally by email, for the purpose of providing information on new products or services, or product specials. If you would like to be removed from any future communication, please let us know by emailing email@example.com, or you can unsubscribe. We do not rent or sell any personal or company information to third parties.
The products and brands displayed on this website are for demonstration and reference purposes only. We have not directly supplied all of these products and brands displayed. Ownership of all brands and logos remains with the rightful owner of those brands and logos.