Suitability of Goods or Work
Subject to such statutory warranties as cannot validly be excluded, no warranty shall be given that the goods sold are or work done is suitable in size, shape, capacity, quality or otherwise for the purpose for which goods are bought or the work is done. Forms Express shall not be liable for any damage resulting from the unsuitability of the goods or the work, for any purpose for which the same may be used.
Liability for breach of a condition or warranty implied into this contract by the Trade Practices Act, 1974 other than a condition implied by Section 69 is limited to any one of the following as determined by Forms Express.
The replacement of the goods or the supply of equivalent goods; or
The repair of the goods; or
The payment or the cost of replacing the goods or acquiring equivalent goods; or
The payment of the cost of having the goods repaired.
Pursuant to Section 68A of the Trade Practices Act, 1974 the Clause 14 applies in respect to any of the goods supplied under this contract which are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, provided that this Clause will not apply if the customer establishes that reliance on it would not be fair and reasonable.
Acceptance of Agreement.
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Forms Express, formsexpress.com.au and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes – unless purchasing products via our site; (c) that you are over 18 years of age and have the authority to enter in to any contract; and (d) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
Forms, Agreements & Documents
We may make available through the Site or through other web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your use only and on behalf of the stated entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorised use.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 16(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
Forms Express shall not be liable for indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or delay in delivery.
No warranty, other than statutory warranties, is given by the seller or responsibility accepted by him to ensure that goods produced comply with the requirements of any legislation relating to the marking, and/or labelling and/or packaging of goods. Compliance with the requirements or such legislation shall be the sole responsibility of the buyer.
Use of Information.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
All of our prices are in Australian dollars (AUD) and include GST (Goods & Services tax) as of February 2014. Product prices are regularly updated. Prices can be changed or updated at any time without notification.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbours for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to other Web Sites.
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us by email email@example.com.
Upon notification to the customer that the work has been completed, delivery of the goods shall be deemed to have been made, ownership of the goods shall pass to the customer, and the goods thereafter shall be at the customer’s risk.
The customer shall be deemed to have accepted the goods if, within fourteen (14) days (or such other period as Forms Express may stipulate from time to time) of delivery in accordance with paragraph (a), the customer fails to take possession of the goods or notify Forms Express in writing that the goods have been rejected.
Should expedited delivery be agreed, reasonable efforts should be made by Forms Express to secure freedom from defect but Forms Express shall not accept responsibility for defects caused as a result of the requirement for such early delivery. An extra charge may be made to cover any overtime or other additional cost incurred as a result of the requirement for such early delivery.
Every endeavour will be made to deliver the correct quantity ordered but estimates and/or orders are conditional upon a margin of 10 per cent, irrespective of number of colours, being allowed for overs or shortages. Such overs shall be charged and shortages deducted.
Unless otherwise specified, the price quoted includes the cost of delivery of the goods to the customer’s premises within Australia & New Zealand of Forms Express’ establishment. All quotations are based on continuous and uninterrupted delivery of complete orders unless original specifications state otherwise.
Claims against Forms Express should be made in writing within fourteen (14) days of receipt of the goods by the customer. Claims by the customer as to non-delivery should be made in writing within 28 days after despatch of the goods.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Payment shall become due upon delivery or earlier notification to the customer that the work has been completed. Unless otherwise stated by Forms Express in writing, no discount shall be allowed and payment shall be by net monthly account. Unless otherwise stated in writing by Forms Express, interest at the current bank overdraft rate will be charged on overdue accounts.
In the case of the first transaction between the parties, the value of the order shall be paid on acceptance of the quotation or the lodging of the order (whichever shall be later) unless otherwise stated in writing to Forms Express.
After work has been in hand for one month after the end of the current month, Forms Express shall be entitled to 100% of the value of the work done.
The suspension by the customer of any work, for any reason, for a period exceeding thirty (30) days shall entitle Forms Express to payment for work already carried out, materials specially ordered for that work and other additional costs including storage.
Customer’s Property and Material Supplied by Customer
Customer’s property and all property and material supplied to Forms Express by or on behalf of the customer (including goods in transit) will be held at the customer’s risk, and Forms Express accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed by Forms Express in writing.
Unless otherwise agreed in writing by Forms Express, Forms Express accepts no responsibility for the insurance of such property or material. In the event of Forms Express’ agreeing in writing to insure such property or material, the cost of insurance premiums shall be charged to the customer.
Unless the customer establishes that a reasonable degree of care has not been exercised by Forms Express the risk and cost of all spoilage of material supplied by the customer shall be borne by the customer.
Where the customer supplies materials, adequate quantities shall be supplied to cover spoilage. Sheets and other materials shall not be counted or checked when received unless requested by the customer in writing. An additional charge may be made by Forms Express in respect of any such counting or checking requested by the customer.
In the case of property and materials left with Forms Express without specific instructions, Forms Express shall be free to dispose of them at the end of twelve months after his receiving them and to accept and retain the proceeds, if any, to cover his own costs in holding and handling them.
Where materials or equipment are supplied by the customer Forms Express accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment.
An extra charge may be made by Forms Express for handling or storing property or material supplied by or on behalf of the customer. Any charge or correction to any film, bromides, artwork and/or any printing surface supplied by the customer, necessary to ensure properly finished work, shall be paid for by the customer.
Ownership of Drawings, Computer Files, etc.
Drawings, sketches, paintings, photographs, designs or computer files furnished by FE or procured and manipulated by FE made from FE’s original design, or from a design furnished by the customer, remain the exclusive property of FE unless otherwise agreed upon in writing. Further if, in the absence of any specific agreement, FE makes any item of duplication in order to cut down presswork or for his own convenience, then such items shall remain his property.
Sketches and samples submitted by FE on a speculative basis shall remain the property of FE. They shall not be used for any purpose other than that nominated by FE and no ideas obtained therefrom may be used without the consent of FE. FE shall be entitled to compensation from the customer for any unauthorised use of such sketches and samples.
Notwithstanding that EPA Ltd might agree in respect of any particular transaction either expressly or by implication to waive any or more of these terms and conditions, such agreement shall in no way release the customer from any other obligation or requirement set out herein.
Contracts and deliveries may be suspended by FE in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civil disturbance, war, legislation, force majeure, the inability of FEPto procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery of work and no responsibility shall be attached to FE for any delay, fault, loss or damage due to any of the above causes or to any other cause beyond the control of FE.
These terms and conditions are to be read subject to mandatory, provisions of legislation of the Commonwealth of Australia or of one or more of the State or Territories insofar as such provisions are applicable. The invalidity of any clause or part of a clause shall not affect any other clause or other part of the clause.