Terms of Trade
Terms of Trade
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1.1 "Digimark Limited" refers to Digimark Limited, its agents, or employees.
1.2 "Customer" pertains to the individual or entity acting on behalf of and with the authority of the Customer, or those purchasing Services and Goods from Digimark Limited.
1.3 "Services and Goods" encompass all services, goods, products, and guidance provided by Digimark Limited to the Customer. This includes but is not limited to multimedia, online projects, marine tinting, signage services, as well as all associated charges such as time and attendance fees, hire charges, insurance charges, or any other fees related to the provision of Services and Goods by Digimark Limited to the Customer.
1.4 "Price" signifies the cost of the Services and Goods as mutually agreed upon between Digimark Limited and the Customer. It encompasses all disbursements, excluding GST, incurred by Digimark Limited on the Customer's behalf, as outlined in clause 4 of this contract.
2.1 Any directives received by Digimark Limited from the Customer for the supply of Services shall constitute a valid contract, signifying acceptance of the terms and conditions outlined herein.
3. Collection and Utilisation of Information
3.1 The Customer grants Digimark Limited permission to collect, retain, and utilise any information about the Customer for the purpose of evaluating the Customer's creditworthiness or enforcing any rights under this contract.
4.1 In cases where a specific price is not stated in writing or agreed upon verbally, the Services and Goods shall be deemed supplied at the prevailing rate at the time of contract, excluding GST.
4.2 The price may be adjusted to account for any reasonable increases in the cost of supplying the Services and Goods beyond the control of Digimark Limited, between the contract date and the delivery of the Services and Goods.
5.1 Payment for Services and Goods is due in full upon completion of work, unless otherwise stipulated and arranged with Management.
5.2 Any unpaid account remaining 10 days after the due date will incur an automatic late payment fee of $20 and an additional weekly administration fee of $5, unless otherwise specified and arranged with Management.
5.3 The Customer is responsible for all expenses, disbursements, and legal costs incurred by Digimark Limited in the enforcement of rights under this contract, including legal fees or debt collection agency fees, as reasonable.
5.4 A deposit may be necessary.
6.1 When Digimark Limited provides a quotation for Services and Goods:
6.1.1 Unless otherwise agreed, the quotation is valid for thirty (30) days from the date of issuance;
6.1.2 The quotation does not include goods and services tax unless explicitly stated otherwise;
6.1.3 Digimark Limited reserves the right to modify the quotation due to unforeseen circumstances beyond its control.
6.2 Additional costs for Services and Goods beyond the quoted amount are to be borne by the Customer.
7. Title and Security (Personal Property Securities Act 1999)
7.1 Ownership of any Services and Goods provided by Digimark Limited transfers to the Customer only upon full payment for all Services and Goods supplied and all outstanding sums owed by the Customer to Digimark Limited.
7.2 If Services and Goods are affixed, attached, or integrated into the Customer's property, the Customer agrees that Digimark Limited holds a security interest in that property as collateral until full payment is made.
7.3 Until full payment is received by Digimark Limited, the Customer acknowledges Digimark Limited's security interest in all Customer property where Services and Goods are attached or integrated and in all Services and Goods not fully paid for by the Customer.
7.4 The Customer grants Digimark Limited irrevocable authority to enter any premises where the Customer resides or where Services and Goods are located, at any reasonable time following Customer default or if Digimark Limited anticipates a default, to reclaim and repossess Services and Goods and any attached or integrated property.
7.5 Digimark Limited shall not be held liable for any costs, damages, expenses, or losses incurred by the Customer or any third party as a result of this action, nor liable in contract, tort, or otherwise, unless statutory provisions disallow such exclusion.
7.6 Digimark Limited may either resell any repossessed Services and Goods or other associated property and credit the Customer's account with the net proceeds of the sale (after deducting repossession, storage, selling, and other costs), or may retain any repossessed Services and Goods or associated property and credit the Customer's account with the invoice value, less an amount determined by Digimark Limited to account for wear and tear, depreciation, obsolescence, loss of profit, and costs.
7.7 In cases where Services and Goods and any attached or integrated property are retained by Digimark Limited as per clauses 7.4, 7.5, and 7.6, the Customer waives the right to receive notice as per s.120 of the Personal Property Securities Act 1999 ("PPSA") and to object under s.121 of the PPSA.
8. General Lien
8.1 The Customer agrees that Digimark Limited may exercise a general lien against any property belonging to the Customer that is in the possession of Digimark Limited, hereafter referred to as "the property," for all outstanding sums under this contract and any other contract between the Customer and Digimark Limited.
8.2 If the lien is not satisfied within seven (7) days of the due date, Digimark Limited may, after providing notice of the lien, either:
8.2.1 Remove the property or project and store it in a suitable location and manner at the risk and expense of the Customer; or
8.2.2 Sell the property or a portion thereof under terms deemed appropriate, applying the proceeds towards discharging the lien and sale costs, without liability to any person for resulting damages.
9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may imply warranties, conditions, or impose obligations upon Digimark Limited that cannot be excluded or modified by law (or can only be limited to a certain extent by law). Digimark Limited's liability in respect to any such implied warranties, conditions, or terms shall, where permitted, be excluded, or if not possible to exclude, shall apply only to the minimum extent required by the relevant statute.
9.2 Except as specified in clause 9.1, Digimark Limited shall not be held liable for:
9.2.1 Any type of loss or damage arising from the provision of Services and Goods by Digimark Limited to the Customer, including consequential loss, whether experienced or incurred by the Customer or another party, whether in contract or tort (including negligence), or otherwise, and regardless of whether such loss or damage directly or indirectly stems from Services and Goods provided by Digimark Limited to the Customer; and
9.2.2 If, contrary to the liability disclaimer within these terms and conditions of trade, Digimark Limited is deemed liable to the Customer due to the provision of Services and Goods, then this liability is restricted in aggregate to $250.00.
10.1 The manufacturer's warranty is applicable where relevant.
11. Consumer Guarantees Act
11.1 The guarantees stipulated in the Consumer Guarantees Act