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Terms and Conditions

These terms and conditions apply to and govern the supply by Empire Promotions of goods and or services to the Customer. All orders placed by the Customer, will be subject to these terms and conditions (Terms).

1. Quotation

(a) Prior to placing an order, Empire Promotions shall provide a quotation for the supply of the requested goods.

(b) Artwork is to be supplied by the Customer in a form as advised by Empire Promotions.

(c) For large orders Empire Promotions will provide pre-production samples free of charge. For small orders, pre-production samples are recommended, but will be supplied at the Customer’s cost.

2. Variation of order

(a) Orders cannot be cancelled except upon terms which compensate Empire Promotions for all work done and costs incurred by Empire Promotions to complete the order to the date of cancellation.

(b) Orders cannot be amended except upon terms as stated by Empire Promotions which will include payment for any additional work or expense caused by reason of such amendment.

(c) The Customer should take great care to ensure that they are ordering the correct size, quantity and branding.

(d) The Customer acknowledges that:

i.Goods advertised on Empire Promotions’ website, catalogues and/or other promotional material may become unavailable, out of stock or discontinued lines, or changes (of a style nature) may be made from time to time. Empire Promotions does not guarantee that all goods advertised are in stock or available at the time of order, or that, if the product is available, it is identical to the advertised product;

ii.While all effort is made to match PMS colours it is not always possible to match PMS colours exactly due to differing branding processes and techniques and different product material;

iii.It is not always possible to deliver exact quantities of the product ordered due to availability, quality control and time constraints and Empire Promotions reserves the right to supply quantities plus or minus 5% of quantity of any product ordered and the price payable by the Customer shall be adjusted accordingly; and

iv.Additional costs/charges will apply to any rush orders.

3. Payment Terms

(a) Empire Promotions requires payment at the time of order unless other arrangements are made in writing between Empire Promotions and the Customer which may include the Customer satisfactorily completing a Credit Application Form and having a satisfactory credit rating and on such other terms as Empire Promotions may from time to time specify.

(b) Any orders to the value of $5,000 or larger, and/or any offshore produced order will require a 50% deposit be paid at the time of placement of the order. The balance will be prepay or on credit terms if the Customer has been approved for credit.

(c) Empire Promotions may suspend or cancel any order if the Customer is in breach of these payment terms.

(e) Freight and/or handling charges apply to all deliveries and are payable by the Customer. These fees will be notified of or about the time the order is placed.

4. GST

Unless expressly stated otherwise, all amounts specified in any agreement have been calculated without regard to GST and do not include GST.

5. Title and Risk

Empire Promotions shall have a general lien on all Goods of the Customer which are in the possession of Empire Promotions for all sums payable by the Customer to Empire Promotions and for that purpose shall have the right to sell any such Goods by public auction or private treaty and out of monies arising from the sale, may retain the sum so payable and all charges and expenses relating to the detention and sale. Empire Promotions can only exercise this right under the lien in the event that

i) any amounts invoiced remain unpaid; or

ii) an administrator, receiver or liquidator is appointed to manage the affairs of the Customer. The rights of Empire Promotions under this clause shall survive the termination of the Contract between Empire Promotions and the Customer, whether by the effusion of time or otherwise.

6. Returning Goods

(a) Goods must be returned by the Customer’s own courier unless faulty or incorrect;

(b) Goods must be accompanied by either the relevant INVOICE COPY or INVOICE NUMBER;

(c) Any goods that are embellished in any manner, screen printed, embroidered, label changed etc will not be credited and will be returned to the Customer;

(d) Goods cannot be returned for credit after 21 days from despatch date of order (other than returns for breach by Empire Promotions of the Australian Consumer Law); and

(e) Discrepancy claims against orders will only be accepted within 5 working days from receipt of order.

7. Warranties

(a) Empire Promotions’ warranties Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Empire Promotions are expressly excluded (unless such warranties cannot at law be excluded). However, Empire Promotions shall, if reasonably possible, pass on to the Customer the benefit of any manufacturers’ warranties.

(b) Customer warranties The Customer warrants and represents to Empire Promotions that: i.It is the owner or licensee of the Intellectual Property used in the Artwork for the Goods and it has the right to use, publish, licence or otherwise deal with the Artwork;

ii.The Artwork does not infringe the Intellectual Property or other similar rights of a person or contravene any applicable laws; and

iii.The Customer will indemnify Empire Promotions against any loss and in respect of any claim alleging that the Artwork or any other material supplied to Empire Promotions by the Customer infringes Intellectual Property or other similar rights or contravenes any applicable law.

8. Limitation of Liability

Where the Customer acquires Goods and/or Services as a Consumer, nothing in these terms and conditions should be interpreted as attempting to exclude, restrict or modify either the exercise by the Customer of rights or remedies in respect of the Consumer Guarantees or any other rights or remedies conferred by the Australian Consumer Law or the application of the Consumer Guarantees or any other provision of the Australian Consumer Law.

9. General Provisions

Empire Promotions may amend these Terms from time to time, by written notice to the Customer, provided that the amended Terms will only apply to orders placed after the date of such notice.