GENERAL CONDITIONS
F & J Ventures Pty Ltd ATF The Madjo Family Trust trading as Hype Promotions ABN 72 434 438 405 (hereafter known as HYPE)
These terms and conditions of sale shall apply to the exclusion of all others, including any terms and conditions of Customer whether on Customer’s order form or otherwise. (The term “customer†shall include individual, sole traders, or company or any of its principals or employees, who place orders).
RESERVATION OF TITLE
Unless HYPE shall otherwise specify in writing, each item sold by HYPE to the Customer shall be and remain the property of HYPE until the Customer has paid all that is owing to HYPE for the goods. Until the date of payment, the Customer is required to store the goods in such a way that it is clearly the property of HYPE. Should the Customer default in payment HYPE may enter the Customer’s premises and retake possession of and permanently retain any unpaid goods and revoke all liability of HYPE to the Customer on the sale and delivery of such goods. In the event of resale of the goods, including any mixed goods, by the Customer to a third person, all goods are sold as agents of HYPE and the Customer shall account to HYPE for any money received.
PRICES
Prices are subject to change without notice and goods will be invoiced at the price ruling at the date of dispatch.
CHANGES/ CANCELLATIONS
All orders must be in writing. If order quantity is reduced after quoting the price will change. All costs involved in the production of an order will be charged if the order is cancelled. If an order is already in production it cannot be changed in any way or be cancelled. If goods are ordered specially or manufactured to customer specifications and supplied to these specifications the above-mentioned goods cannot be returned for credit. If goods are ordered in especially for an order no returns, changes or cancellations will be accepted. Due to production and manufacturing processes, the quantity of some goods may vary from the quantity originally ordered. The variation may be up to 5% over or under the original specification and is considered fulfilment on all orders and will be charged accordingly.
GST
10% GST is applicable to all our goods and services. HYPE reserves the right to adjust or amend prices in accordance with any alteration of changes to tax legislated by the Australian Government.
TERMS
Strictly COD and a 50% deposit may be required on placement of order unless credit status is granted upon application. Account Customers must pay for goods supplied according to payment terms on the invoice. All deliveries may be suspended or held should these terms not be met at any time. For orders produced overseas, a 50% Deposit may be required.
DEBT RECOVERY
HYPE shall be entitled to charge to the Customer all costs and expenses reasonably incurred in the recovery of any money owing by the Customer to it including all legal fees, process servers charges and collection agents expenses as well as the time reasonably spent and incurred by HYPE in such recovery.
URGENT ORDERS
HYPE is happy to accommodate urgent orders, but any extraordinary expenses will be passed on to the customer.
DELIVERY
HYPE will endeavour to deliver within the time so specified but in no circumstances will be liable for any loss or damage of any kind whatsoever caused directly by any delay in or failure of delivery. In the event of any delivery of service to be made by HYPE being delayed by floods, war, accident, fire, perils of the sea or river, transport delays, influx of orders, failure of manufacturers of other suppliers to HYPE or any other cause of contingency ceases to affect the same HYPE will not be responsible for consequences of any delay in delivery resulting from any cause or contingency.
FREIGHT
All goods are sent by HYPE account held freight companies unless customer nominates own freight company on the placement of order. Account Number and pick up phone number must be clearly marked on order. If an order is required urgently it is up to the customer to arrange collection or excessive freight charges will apply. Freight & Handling will be charged at cost on all orders unless otherwise stated or collected from our office. Should a consignment of freight be of excessive weight or cubic dimensions, freight will either be incurred by the customer or the customer shall arrange their own freighting of goods. Customers will be notified at any excess freight charges prior to dispatch. Delivery after production will depend on the freight service used and where goods are being delivered to.
ARTWORK
We accept EFT, Cheque (subject to clearance), Visa*, MasterCard* or AMEX*
Credit Card payments will only be accepted within our trading terms. A 2% surcharge applies for credit card payments.
Laser printouts, photocopies, scans, word or powerpoint documents and letterheads will not be accepted as artwork. Additional art costs will be charged for excessive type or detail. If we do artwork for you, in most cases your design will need to re-drawn. We’ll advise any extra costs for re-creation of your artwork into the correct format before proceeding with art approval. Any modifications to your first proof will incur additional amendment charges of $15.00 ex. GST per proof unless it’s an error made by HYPE. All signed artwork is taken to be correct and no liability will be incurred by HYPE if artwork is incorrect.
All artwork remains the property of HYPE and is protected by intellectual copyright.
PAYMENT
We accept EFT, Cheque (subject to clearance), Visa*, MasterCard* or AMEX*
Credit Card payments will only be accepted within our trading terms. A 2% surcharge applies for credit card payments.
RETURNED GOODS
Returns will not be considered unless accompanied by a written authorization from HYPE. Claims on faulty goods will be considered within 14 days from date of supply. If it is considered that the faulty good is the responsibility of HYPE or supplier which HYPE, in its sole judgment and discretion considers to be faulty then at the discretion of HYPE may either replace the goods or the customer may be reimbursed. HYPE may, from time to time, issue guidelines for the return of items claimed by the Customer to be faulty, & will not entertain any claim in respect of goods claimed to be faulty not made in accordance with such guidelines. HYPE reserves the right to change such guidelines without notice.
Artwork Supplied
Art Type: Vector Art
File Formats: EPS, PDF OR AI supplied to size (convert fonts to curves)
Please include PMS Colours or CMYK breakdown where applicable
NB. Saving a .jpeg image to .eps in Photoshop® does not make it a redrawn vector .eps file.
If you are unsure whether you have the correct artwork, please email your account manager and you’ll be advised if artwork is suitable or advised of any additional charges.
INTELLECTUAL PROPERTY
HYPE assumes no responsibilty for determining the proper ownership or proper use of trademarks, logos and trade names. All liabilities of this nature will rest with the customer. By placing an order with HYPE, you represent and warrant that you have the authority to order, purchase and distribute merchandise containing the names, trademarks, logos, copyrights, etc. identified in your order.
PRE-PRODUCTION SAMPLES
HYPE assumes no responsibility for determining the proper ownership or proper use of trademarks, logos and trade names. All liabilities of this nature will rest with the customer. By placing an order with HYPE, you represent and warrant that you have the authority to order, purchase and distribute merchandise containing the names, trademarks, logos, copyrights, etc. identified in your order.
SAMPLES
HYPE is happy to supply samples however these will be invoiced at end column pricing. Samples will not be accepted for credit if not returned in original packaging within 14 days. Shipping costs will be still payable.
COLOUR
A colour swatch or PMS colour must be supplied and we will match colours as closely as possible. (Due to the colour and nature of materials, 100% match is not always possible). Metallic print of thread for embroidery may cost extra, dishwasher safe prints on glass and ceramics incur extra costs. Although every effort is made to ensure consistency of fabric colours, dye lots vary from time to time.
CLERICAL ERRORS
Clerical errors are subject to correction without notification.