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In order to become a Client of Pluspak or a user of any of Pluspak’s services, you agree to the following terms and conditions. Your agreement to these terms will be indicated by: the execution of any contract; commencement or completion of any business activities; or use of any of Pluspak’s services, whichever occurs first.
These terms and conditions shall govern the provision of products and related services by Pluspak.
Please read these terms and conditions carefully. If you do not accept these terms and conditions without modification, you may not use Pluspak’s services. Pluspak may revise these terms and conditions at any time by updating this posting. If the terms and conditions are revised, the original terms accepted by the Client for a project will remain valid.
To the full extent permitted by law, Pluspak hereby excludes all warranties not expressly set out herein except specifically set forth elsewhere in this agreement and gives no express or implied warranties including the warranties of merchantability or fitness for particular purpose, or arising from a course of dealing, usage, trade practice, with respect to any goods or services under or incidental to this agreement. No oral or written information or advice given by Pluspak, our resellers, agents, representatives or employees shall create a warranty or in any way increase scope of the express warranties hereby given, and you may not rely on any such information or advice.
Pluspak’s total aggregate liability to you for any claim in contract, negligence or otherwise arising out of or in connection to the provision of the Services shall be limited to the charges by you in respect of the Services which are the subject of any such claim.
In no event shall Pluspak be liable to you for any loss of business, profits or anticipated savings or for any other indirect consequential or economic loss whatsoever.
The Client is solely responsible for obtaining any and all necessary intellectual rights clearances and/or other consents and authorisations.
The Client agrees to indemnify and keep indemnified and hold Pluspak harmless against any claim brought against Pluspak by a third party resulting from the provision of services by Pluspak to the Client. This includes all losses, costs, actions, proceedings, damages, expenses (including reasonable legal costs) or liabilities, whatsoever suffered and howsoever incurred in consequence of the Client’s breach or non-observance of these terms.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable shall be deemed to be omitted.
The benefit of this agreement may be assigned by Pluspak, but not by the Client. Pluspak may give notice to the Client in writing, and the Client’s failure to respond will be deemed acceptance. The Client may transfer this agreement provided that the Client gives Pluspak notice in the form Pluspak requires (setting out the details of the assignee) including payment of any transfer fee specified by Pluspak. No other transfer by the Client is permitted.
These terms and conditions constitute the entire agreement and supersede all prior agreements, understandings, representations whether oral or written. No oral explanation or information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation be made to the contract unless it is in writing and signed by representatives of the Client.
This agreement shall be governed by the laws in force in the State of Victoria. Both parties hereby submit to the exclusivity of the Courts of that State.
Expressions used in this clause and in the GST Act have the same meanings as when used in the GST Act.
Amounts payable and consideration provided under or in respect of this Agreement are GST exclusive.
The recipient of a taxable supply made under or in respect of this lease must pay to the supplier, at the time the consideration for the supply that is due, the GST payable in respect of the supply. This obligation extends to supply consisting of a party’s entry into this Agreement.
An amount payable by the Client in respect of a creditable acquisition by Pluspak from a third party must not exceed the sum of the value of Pluspak’s acquisition and the additional amount payable by the Client under this Clause on account of Pluspak’s liability for GST.
A party is not obliged to pay GST on a taxable supply to it under this Agreement until given a valid invoice for the supply.
Prices are valid for 30 days from the date of the estimate or proposal. If work is not commenced within 30 days of acceptance, Pluspak reserves the right to re-negotiate the price.
In some instance, Pluspak may require that the Client pay up to a 50% deposit or full payment on completion or delivery of products or services. In other cases, payment is due in 30 days from the date of invoice.
The Client agrees to provide written acceptance or email acceptance before any work is commenced. This must be formatted as a Letter of Agreement between the Client and Pluspak concerning the products outlined in the Pluspak estimate.
All pricing supplied in estimates and advertised in the Pluspak catalogue or promotional material excludes GST.
If Pluspak feels that any item requested by the Client does not fit within the initial quote, the Client may be charged additional fees. The item will either be quoted separately or charged as an extra.
The placement of an order for products and/or any other services offered by Pluspak and validated by either the Client’s signature on the estimate or quotation form, or Client email or Client verbal acceptance (in the case of orders with urgent timelines) constitute acceptance of the estimate or quotation and agreement to fully comply with all the Terms and Conditions.
In the event that any products needs to be shipped to a third party (for example, for additional processing), Pluspak will incur no liability for losses incurred in transit or due to the delay of a third party.
The Client is responsible for any shipping/transport or insurance costs related to the products unless specified in writing. Many of Pluspak’s prices, where specified, include transport to one metropolitan point in Melbourne, this does not include insurance. A Client needs to request insurance in writing and pay for it if this is required.
Pluspak shall not incur a liability or penalty for delays in the completion of the work due to action or negligence of the Client, unusual transportation delays, unforseen illness or external forces beyond the control of Pluspak. If such event(s) occur, it shall entitle Pluspak to extend the completion\delivery date by the time equivalent to the period of such delay. Pluspak may from time to time and without notice or liability to you suspend any of the services if the reason for doing so is an event beyond the reasonable control of Pluspak.
Pluspak reserves the right to suspend services in any case where the Client fails to perform its obligations under this agreement.
All advertising of pricing is subject to change at any time without notice.
Additional charges may be added to an estimate for costs incurred for services or items required to complete an order for the Client. These may include shipping, courier fees, stock count, warehousing and the purchase of materials, or services supplied by third parties.
All prices quoted are, in the absence of specific written agreement to the contrary, estimates only.
Payment for services and products is accepted via electronic funds transfer (EFT), Cheque, Add to Account (if an approved customer) and credit card. Accepted credit cards are Visa and MasterCard. If payment is made via credit card an additional % charge will be added.
Pluspak will provide a tax invoice for all orders completed or in progressed for immediate payment as specified on the tax invoice. Clients may apply for a 30 day credit account, if application is approved the client will receive a 30 day period from the time of invoicing when payment is required to be paid.
A deposit of up to 50% may be required before orders can commence, with the remaining amount payable on completion.
Payment is always required within the time frame specified on the invoice. If payment is not received within the specified period, Pluspak reserves the right to charge interest on the outstanding amount until the overdue account is paid in full.