Terms and Conditions

Terms and Conditions – Eastside Print Solutions Pty Ltd

These terms and conditions (Terms) apply to and govern the supply by Eastside Print Solutions Pty Ltd (Eastside Print Solutions) of goods and/or services to the Customer. All orders placed by the Customer will be subject to these Terms.

1. Definitions
   “Company”, “we”, “us”, or “our” refers to Eastside Print Solutions Pty Ltd.
   “Customer”, “you”, or “your” refers to the person or entity engaging our goods or services.
   “Goods” refer to all products supplied by us, including but not limited to printed materials, merchandise, and apparel.
   “Services” refer to all services provided by us, including but not limited to design, printing, and promotional solutions.
   “Artwork”: Any design, logo, or branding material supplied by the Customer for use by Eastside Print Solutions in respect of Goods.
   “Consumer”: As defined in section 3 of the Australian Consumer Law (ACL) and the Australian Consumer Protection Act 2010.
   “GST”: Goods and Services Tax as defined in the GST Act.
   “GST Act”: A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
   “Intellectual Property”: All registered and unregistered rights in relation to patents, copyright, designs, trademarks, trade secrets, know-how, and confidential information.
   “Non-PDH Goods or Services”: Goods or services not ordinarily acquired for personal, domestic, or household use or consumption.
   “PPSA”: Personal Property Securities Act 2009 (Cth).
   “PPS Register”: Register established under the PPSA.
2. Incorporation of Terms
   These Terms and Conditions are incorporated into all quotations, invoices, purchase orders, and other contract formation documents. By placing an order with us or accepting our quotation, you agree to these Terms. These Terms are exclusively available on our website and apply to all transactions unless explicitly agreed otherwise in writing. No other terms, including any that may be contained in your purchase order, shall apply unless expressly agreed in writing by us.
3. Quotations and Artwork
   3.1 Quotations: Prior to placing an order, Eastside Print Solutions will provide a quotation for the requested goods and services. Quotations are valid for 30 days.
   3.2 Proofing and Approval: The Customer is responsible for providing artwork in the form advised by Eastside Print Solutions. The Customer must approve all proofs before production commences. Eastside Print Solutions will not be liable for any errors in the final product once the Customer has approved the proof.
   3.3 Pre-production Samples: For large orders, pre-production samples may be provided free of charge. For smaller orders, samples are available at the Customer’s cost.
   3.4 Colour Variations: Eastside Print Solutions will make all reasonable efforts to match PMS colours, CMYK values, or other specified colour spaces as provided by the Customer. However, slight variations due to differing branding processes, product materials, or lighting conditions may occur. These variations are acceptable within industry standards, and Eastside Print Solutions cannot guarantee an exact match across all materials and products. The Customer acknowledges that such variations do not constitute a defect or failure in performance.
4. Variation and Cancellation of Orders
   4.1 Cancellation: Orders cannot be cancelled except on terms that compensate Eastside Print Solutions for all work completed and costs incurred up to the cancellation date.
   4.2 Amendments: Orders may only be amended on terms stated by Eastside Print Solutions, which may include payment for any additional work or expenses.
   4.3 Product Availability: While all efforts are made to supply the exact product ordered, availability may fluctuate. Eastside Print Solutions reserves the right to supply items that differ slightly in style, colour, or size from those ordered due to changes in stock or manufacturing.
   4.4 Rush Orders: Additional charges may apply to rush orders, and Eastside Print Solutions cannot guarantee full accuracy or colour matching on orders expedited at the Customer’s request.
5. Payment Terms
   5.1 Payment is required at the time of order unless otherwise agreed in writing. Large orders or custom offshore orders may require a 50% deposit, with the balance payable on completion.
   5.2 Payments by credit card (Visa, MasterCard, American Express) may incur additional merchant fees.
   5.3 Freight and Handling: All deliveries will incur additional freight and handling charges, which will be communicated at the time of order.
   5.4 Non-Payment: Eastside Print Solutions reserves the right to suspend or cancel any order if payment terms are not met.
6. GST
   Unless otherwise stated, all amounts specified in any agreement are exclusive of GST. Eastside Print Solutions may recover GST as an additional amount payable in respect of any fees or sums due under these Terms.
7. Title and Risk
   7.1 Risk: Risk in the Goods passes to the Customer upon dispatch from Eastside Print Solutions or collection by the Customer’s courier.
   7.2 Retention of Title: Title to the Goods remains with Eastside Print Solutions until full payment is received. Eastside Print Solutions may retain a general lien over the Goods until full payment is made.
   7.3 PPSA Registration: Eastside Print Solutions may register a security interest over Goods sold but not yet paid for, and the Customer agrees to assist with any registration required under the PPSA.
8. Outsourced Work and Third-Party Production
   Eastside Print Solutions may engage third-party vendors or service providers for production and finishing of Goods. Eastside Print Solutions is not responsible for technical production defects arising from work outsourced to third-party vendors, unless such defects result directly from Eastside Print Solutions’ own handling, design, or processes. The Customer acknowledges and agrees that Eastside Print Solutions will not be liable for defects or inconsistencies caused by third-party production services.
9. Returns and Refunds
   9.1 Goods must be returned by the Customer at their own cost unless the Goods are faulty or incorrect.
   9.2 Customised or Embellished Goods: Customised or embellished Goods (e.g., printed, embroidered, etc.) cannot be returned unless they are faulty or incorrect.
   9.3 Goods must be returned within 21 days from the dispatch date, except where a breach of the Australian Consumer Law applies.
   9.4 Any discrepancy claims must be made within 5 working days of receiving the order.
10. Warranties and Liability
    10.1 Warranties: All implied warranties and conditions are excluded, except where they cannot be excluded by law. Eastside Print Solutions will pass on the benefit of any manufacturer’s warranties where applicable.
    10.2 Customer Warranties: The Customer warrants that they own or are licensed to use the artwork and that the artwork does not infringe the intellectual property rights of any third party.
    10.3 Limitation of Liability: Eastside Print Solutions’ liability for defective Goods is limited to the replacement or repair of Goods, or a refund as required by Australian Consumer Law.
11. Limitation of Liability for Non-Consumer Goods
    Where the Goods or Services supplied are for business use and not personal or household use, Eastside Print Solutions limits its liability to the maximum extent permissible under Victorian and Australian law. This includes, but is not limited to, liability for indirect, incidental, or consequential damages.
12. Indemnity for Uploaded Files and Limitation of Liability for File Transmission
    12.1 Indemnity: The Customer assumes full responsibility for any artwork, files, or data uploaded or provided to Eastside Print Solutions, including any potential intellectual property infringements, malicious code, or data corruption. The Customer indemnifies Eastside Print Solutions against any loss, damage, or costs arising from such files, including third-party claims for intellectual property violations.
    12.2 Limitation of Liability: Eastside Print Solutions is not liable for any loss, damage, or costs arising from the transmission of files, including but not limited to data loss, file corruption, or unauthorised access during the transmission process. The Customer acknowledges that file transmissions over the internet are not guaranteed to be secure, and any risk involved is borne by the Customer.
13. General Provisions
    13.1 Amendments: Eastside Print Solutions may amend these Terms at any time, with the updated Terms applying to future orders.
    13.2 Governing Law: These Terms are governed by the laws of Victoria, Australia.
14. Dispute Resolution
    14.1 In the event of a dispute, both parties agree to attempt to resolve the matter in good faith through negotiation.
    14.2 If the dispute cannot be resolved by negotiation, either party may refer the matter to mediation in accordance with the rules of the Australian Commercial Disputes Centre (ACDC) before pursuing any legal action.
15. Entire Agreement
    These Terms constitute the entire agreement between the parties regarding the supply of goods and services and supersede all prior representations, agreements, or understandings.

Contact Us

For any questions or concerns regarding these Terms and Conditions, please contact us at:
Eastside Print Solutions Pty Ltd
Address: Unit 14, 15 Stud Road, Bayswater VIC 3153
Email: hello@eastsideprintsolutions.com.au
Phone: 03 9873 5544