Terms & Conditions

Does the Buyer have rights under the Australian Consumer Law?

If the Buyer is a consumer, yes. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Is PPA’s liability limited or excluded?

Yes. PPA will not be liable to the Buyer for any direct, indirect, consequential loss, damage, expense or injury the Buyer, or any other person, suffers.

PPA will not be liable to the Buyer for any delay, breach or default under the Contract resulting from causes beyond PPA’s reasonable control.

These limitations of liability only apply to the extent permitted by any law, including the Australian Consumer Law. In circumstances where the Australian Consumer Law applies, PPA’s liability will be limited to repairing or replacing the Goods or supplying equivalent Goods (at PPA’s choice).

See clauses 7 and 12.1 of the Terms and Conditions of Sale for further information in relation to liability.

Are any warranties or guarantees provided in relation to the Goods?

Yes. The Buyer is entitled to certain guarantees under the Australian Consumer Law and may be entitled to certain warranties under PPA’s warranty terms and conditions.

PPA does not provide any other warranties or guarantees in relation to the Goods.

See clause 7.3 of the Terms and Conditions of Sale and PPA’s warranty terms and conditions for further information in relation to warranties. PPA’s warranty terms .

Does the Buyer provide any indemnities to PPA?

Yes. The Buyer indemnifies PPA against any claim, loss or expense which PPA suffers or for which it is liable in relation to the Goods or PPA exercising any rights under any retention of title it holds in respect of the Goods.

See clause 9 of the Terms and Conditions of Sale for further information in relation to indemnities.

What happens if the Buyer does not accept delivery of the Goods?

Yes. If the Buyer is unwilling or unable to accept a delivery of the Goods, PPA may charge the Buyer all of its costs to store the Goods.

Additionally, if the Buyer fails to accept a deliver, or breaches any of its obligations to PPA, any security deposit paid by the Buyer will be forfeited and PPA may terminate the Contract.

(1) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(2) Contract means a contract of sale of Goods arising out of an order accepted by PPA.

(3) Buyer means the entity to whom Goods are supplied by PPA.

(4) Invoice means an invoice issued by PPA in relation to the Contract.

(5) PPA means Print & Pack Australia Pty Limited ACN 005 985 124.

(6) Manufacturer means the party from whom PPA obtained the Goods.

(7) Goods means any goods and/or services supplied by PPA.

(8) Words importing the singular number shall include the plural and vice versa.

2.1 Every Contract is governed by these terms and conditions. These terms and conditions, the terms of the relevant Invoice and any other written agreement between PPA and the Buyer constitutes the entire agreement between the parties. Any terms & conditions contained in the Buyer’s order documentation inconsistent with these terms and conditions, including a statement that the Buyer’s terms & conditions prevail, are expressly excluded.

2.2 PPA may at any time after giving 28 days’ notice to the Buyer vary these terms & conditions to the extent they refer to a subsequent contract.

3.1 All information about the Goods including quotations provided by PPA to Buyers are invitations to do business. Purchase orders from the Buyer are deemed to be offers to purchase. PPA may in its absolute discretion accept a purchase order received from the Buyer either by written notice or by the supply of Goods to the Buyer.

3.2 Any quotation or other invitation to do business or other document provided by PPA to the Buyer may be varied or withdrawn by PPA at any time.

3.3 All technical information including specifications, drawings, circuit layouts, etc. concerning the Goods provided by PPA (including copies) remain the property of PPA and must not be disclosed to third parties without the prior written consent of PPA. All such material must be returned to PPA immediately on demand.

3.4 If the Buyer requests PPA to provide services, the request will be deemed to be an offer to request services at PPA’s normal charge rates applicable to the type and quantity of services requested.

4.1 Prices of the Goods, including all GST and other government taxes (Price), will be set out in the relevant Invoice.

4.2 The Buyer must pay PPA the Price immediately on the delivery of the Goods unless PPA has agreed to grant credit to the Buyer. If PPA has granted credit to the Buyer, payment must be made within the Terms set out on the Invoice.

4.3 All payments by the Buyer must be made without any set off.

4.4 All losses and costs, including legal costs, arising from the Buyer’s failure to pay the Price by the due date are recoverable from the Buyer as liquidated damages.

5.1 PPA retains title to the Goods until it has received full payment for the Goods and all other amounts owing by the Buyer to PPA for any other Goods and / or any Services provided by PPA.

5.2 The terms “Security Interest”, “Proceeds” and “Purchase Money Security Interest” used in this clause have the respective meanings given to those terms in the Personal Property Securities Act 2009 (Cth) (PPSA).

5.3 The Buyer acknowledges and agrees that:

(1) the retention of title under clause 5.1 creates a Security Interest in the Goods and their Proceeds in favour of PPA and that Security Interest is a Purchase Money Security Interest;

(2) PPA may in its sole discretion register, in respect of any Goods to which PPA retains title, a Security Interest over any Goods and its Proceeds;

(3) the Buyer indemnifies PPA against all of PPA’s reasonable direct costs associated with enforcing its Security Interest (including reasonable legal fees on a full indemnity basis)

(4) until the date of final payment of all amounts referred to in clause 5.1, the Buyer must:

  • not allow anything to be done or act in a way that might adversely affect the Security Interest in the Goods that is granted to PPA;
  • not dispose of the Goods except in the ordinary course of the Buyer’s business;
  • not allow any person other than PPA to have or acquire any Security Interest in the Goods; or
  • insure the Goods for their full insurable or replacement value (whichever is higher) with a reputable insurer.

5.4 To the extent permitted by law, the parties agree to contract out of sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA or their equivalent in any amendment to the PPSA.

5.5 Without limiting clause 5.4, PPA does not need to give the Buyer any notice required under the PPSA, including a notice of a verification statement, unless the requirement for the notice cannot be excluded.

5.6 Until such time as title in the Goods passes to the Buyer, if an event referred to in clause 11 occurs, PPA is entitled to enter any premises where it suspects the Goods may be located in order to search for and remove the Goods without committing a trespass (even though they may be attached or annexed to other the Goods or land not the property of the Buyer) and for this purpose the Buyer irrevocably authorises PPA to enter such premises and undertakes that it will procure any necessary authority to enter from any relevant person and also indemnifies PPA from and against all loss suffered or incurred by PPA as a result of exercising such rights.

6.1 If the Buyer or its agent is unable or unwilling to accept delivery of the Goods PPA may store the Goods and charge to the account of the Buyer all costs and expenses associated with the storage and delayed delivery.

6.2 The Buyer is not relieved of any obligation to accept and to pay PPA for the Goods by reason of any delay in delivery.

6.3 Risk in the Goods will pass to the Buyer on delivery.

6.4 Subject to the Australian Consumer Law, Goods may only be returned for credit or exchange at the discretion and prior approval of PPA and any Goods that are non-stock items are non-returnable.

7.1 To the fullest extent permitted by law, including the Australian Consumer Law, all implied terms and conditions are excluded from the Contract. To the extent that the Australian Consumer Law and/or similar State or Territory legislation implies terms and conditions into the Contract, PPA’s liability for breach of such terms and conditions will be limited at the option of PPA to the repair or replacement of the Goods or the supply of equivalent Goods.

7.2 Except as provided in clause 7.1, PPA will not be liable to the Buyer or any other person in contract or tort for direct, indirect or consequential loss, damage, expense or injury suffered by the Buyer or any other person in relation to the Goods supplied pursuant to the Contract.

7.3 Except as provided in clause 7.1 and PPA’s warranty terms and conditions, and subject to the Australian Consumer Law, PPA gives no warranty in relation to the Goods.

8.1 The Buyer acknowledges it is aware PPA is a distributor of the Goods and does not manufacture them.

8.2 The Buyer acknowledges that specifications concerning the Goods are often supplied by the Manufacturer and PPA has not independently verified their accuracy. Performance specifications for the Goods usually refer to performance under optimum operating conditions and may be affected by temperature, humidity, power supply, and the quality of other inputs.

9.1 The Buyer is responsible for the proper storage, handling and use of the Goods.

9.2 The Buyer indemnifies PPA and holds PPA harmless against any claim, loss or expense which PPA suffers or is liable for in respect of or in connection with:

(1) the Goods, or their use, storage or handling; or

(2) PPA exercising its rights under clause 5.

10.1 Where the Buyer pays a security deposit for the Goods prior to delivery, if the Buyer fails to take delivery of the Goods or is otherwise in breach of its obligations to PPA, the security deposit will be forfeited to PPA and PPA may terminate the Contract. The security deposit will be refunded to the Buyer if PPA fails to supply the Goods.

11.1 In addition to any other right of termination PPA may terminate a Contract upon the occurrence of any of the following events:

(1) the failure of the Buyer to perform any precondition of the Contract for delivery or installation of the Goods; or

(2) subject to sections 415D, 434J and 451E of the Corporations Act 2001 (Cth), the Buyer commits an act set out in clause 5.4; or

(3) the Buyer purports to assign its rights under a Contract; or

(4) an event occurs outside the control of PPA which in PPA’s opinion makes it impractical or impossible for it to fulfil its obligations under the Contract.

12.1 Subject to the Australian Consumer Law, PPA will not be liable for any delay or any breach or default under the Contract in circumstances where such delay, breach or default results from causes beyond PPA’s reasonable control.

12.2 The Buyer must not assign its rights under a Contract without the prior written consent of PPA.

12.3 The Contract is governed by the laws of New South Wales.