9. In the event that:
(a) the supply of a Product is delayed;
(b) GREENPAC is required to supply a Product in circumstances other than those expressly or reasonably assumed or contemplated in a transaction of this nature; or
(c) there is a change in the complexity of delivery or production, for reasons other than a breach of these Terms by GREENPAC, then it shall be entitled to payment of charges additional to that previously quoted by us, on a time and materials basis in respect of additional resources reasonably utilised in order to fulfill its obligations under these Terms.
10. You acknowledge and agree:
(a) that our supply to you of up to 2% above or below the quantities of a Product ordered from us shall constitute a complete fulfillment of your order and we will bill you accordingly;
(b) that minor variations from PMS colours may occur with fabric and screen printing colour of your ordered Product; and
(c) that you understand the advantages and limitations of each type of fabric and printing method.
11. The prices stated in GREENPAC’s Quotation or Order Confirmation Form remains valid for 30 days from issuance and we reserve the right to change our prices from time to time.
12. GREENPAC may vary prices in the event of price changes or mistakes on reasonable prior notice to you. If we request payment for increased prices, you may cancel the order by giving written notice to GREENPAC, which must be received within 7 days of the announcement of the increase.
13. Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
14. The expected delivery time of our custom-made products is about 7 to 9 weeks after a sample confirmation and express delivery is about 2 to 4 weeks, depending on the quantity of Product ordered from us. These expected delivery times are estimates only.
15. We will use reasonable endeavours to deliver Products to you by the date agreed but will not be liable for any loss or damage you suffer if the Products’ delivery is delayed by matters beyond our control. We will not be liable for any delay or failure to perform our obligations under these Terms, nor for any loss or damages consequent upon such delay or failure, if it is due to circumstances beyond our control.
16. Without limiting the preceding paragraph, we will not be held responsible for any loss for damages arising from Products delayed or lost in transit by the common carrier or by international customers or Australian Customs.
17. We will provide the first two weeks storage free of Product which you have requested delivery be delayed beyond our standard delivery time and thereafter we will charge you a storage fee per week of $30 for each cubic metre.
18. Risk of loss, theft, damage, deterioration or destruction of Products passes to you upon the earlier of:
(a) delivery to you;
(b) the taking of possession by you;
(c) delivery to our storage facilities on your behalf pursuant to paragraph 19;
(d) the delivery to any carrier contracted to you for delivery to you (or to us as per the previous subparagraph).
Ownership of the Product
19. Until all monies due and owing to us has been paid in full (with clear funds), any Product you have ordered from us will remain the property of GREENPAC. If you fail to pay any money to GREENPAC as and when it falls due, we may immediately take possession of the Products. This right is without prejudice to any other rights that GREENPAC may have.
20. You consent to us using images of the Product for promotional purposes such as on GREENPAC’s website and promotional material.
21. If you wish to return faulty or damaged Product, we will gladly repair, exchange or refund the original price (at our election) in accordance with the following process:
(a) You must notify GREENPAC within 14 days of receiving the Product of the flaw or damage to the Product as delivered, and then arrange return of the Product to GREENPAC within 14 days after such notification.
(b) You must notify GREENPAC by e-mail firstname.lastname@example.org to obtain a ‘Return ID number’ or please call GREENPAC on 02 96992485 between 10 a.m. and 4 p.m. (Australian Eastern Standard Time)
22. We will not be liable for any damage caused to the Product caused by any failure by you to maintain or store the Product properly.
23. You are responsible for payment of any freight charges incurred in returning the Product to us and any costs associated with you or your agent checking the Product.
24. GREENPAC reserves the right to charge you for any costs or losses incurred by it if Products which are not faulty are returned to us or returned without authorisation, returned later than the time stipulated in subparagraph 22(a) or in a different condition to the condition the Products were in when delivered by GREENPAC.
25. To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
26. If GREENPAC breaches any warranty or other provision of these Terms or commits any willful or negligent act in respect of any goods or services supplied pursuant to these Terms, GREENPAC's entire liability and your exclusive remedy shall be limited, at the option of GREENPAC, to one or more of the following:
(a) in the case of goods:
i) the replacement of the goods or the supply of equivalent goods;
ii) the repair of such goods;
iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
i) the supplying of the services again; or
ii) the payment of the cost of having the services supplied again.
27. Except as expressly provided in the previous paragraph, GREENPAC and/or its Associates shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to these Terms or in respect of a failure or omission on the part of GREENPAC to comply with its obligations under these Terms. This exclusion of liability applies whether the claim is in contract, tort (including, without limitation, negligence) or equity.
28. GREENPAC reserves the right to terminate this Agreement at any time by giving you 7 days written notice of termination whereupon we will suspend supply of Product to you.
29. Subject to clauses 21 to 27 of these Terms, GREENPAC shall not be liable to you for any cost, expense, or damages whatsoever for terminating this Agreement.
30. You acknowledge that GREENPAC, or the authorised representative of GREENPAC, has not made any warranty or representation, express or implied, in relation to the Products, including whether they are suitable for a particular purpose (whether such purpose was made known to GREENPAC or not), unless provided in writing by GREENPAC
31. You also acknowledge that to the extent GREENPAC has made any representation which is not otherwise expressly stated in these terms, you have been provided with an opportunity to independently verify the accuracy of that representation.
32. From time to time, these Terms will be reviewed and may be revised. GREENPAC reserves the right to change these Terms at any time. Any such changes will be posted onto our website: www.greenpac.com.au. If you have commenced any transaction prior to a change to these Terms, that transaction will be effected in accordance with the terms in place at the time of the acceptance of your completed purchase order form or your completed order form.