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1. The term “the Company” refers to Kaloa Nominees Pty Ltd (ABN 15 124 564 441) and the term “the Client” refers to the party described there as on the Booking Confirmation & Order Form (“the Order”). This contract shall consist of the terms and conditions set out hereunder and shall be in addition to, and or supplementary to any terms and conditions that are found on any booking, product or service purchase order forms, other printed order forms and any “online service” purchase or booking form. All other conditions, warranties, descriptions and representations, whether express or implied by law, trade, custom or otherwise are expressly excluded. No agent or representative of the Company is authorised to make any representations, statements, conditions or agreements not expressly confirmed by the Company in writing and the Company is in no way bound by any such unauthorised statements nor shall any such statements by capable of being taken to form part of a contract with the Company collateral to this Contract.
2. GST means any tax, levy, charge or impost imposed under the Goods and Services Tax Act 1999. GST as at the date of acceptance of the Order shall be added to and form part of the price of the goods and any increase in GST from the date of acceptance of the Order to the date of delivery shall be added to and form part of the price of the goods.
3. The Company, its servants, agents and/or sub-contractors shall not be liable for any error which may occur in rendering the artwork into the finished product when the finished product either forms the goods or part of the goods if the error is contained within the camera-ready artwork supplied by the Client to the Company or the Client does not supply to the Company camera-ready artwork.
4. Nothing in this contract shall be construed as avoiding or attempting to avoid the implied warranties and/or conditions of the Trade Practices Act, 1974 (as amended) which that Act stipulates cannot be avoided.
5. This Contract is the complete and exclusive statement of the Contract between the parties hereto and supersedes all proposals, representations or prior agreements, oral or written, and all other communications between the parties with respect to the subject matter of this Contract. This Contract may not be varied in any way except in writing signed by authorised representatives of both parties.
6. All notices or other communications under this Contract shall be deemed to have been duly served if sent by prepaid post or delivered to the party concerned at that party’s address shown in this Contract or such other address as either party may advise in writing to the other.
7. If either party hereto shall fail to perform any of its obligations hereunder and the other party shall not enforce that obligation, the failure to enforce on that occasion shall not prevent enforcement of that obligation or any other obligation on any other occasion.
8. All obligations accrued but unfulfilled prior to termination or expiration of this Contract shall survive such expiration or termination.
9. This Contract shall be governed by the laws of the State of Western Australia which State shall also be the designated forum for the resolution of disputes.
10. Should any one or more provisions of this Contract be determined to be illegal or unenforceable all other provisions of this Contract shall be given effect separately from the provision or provisions determined to be illegal or unenforceable and shall not be affected thereby.
11. As products, services and prices fluctuate as a matter of market force, catalogues, price lists, advertisements or other published matter are only indications of the type of goods available and shall not from a part of any contract with the Client nor be considered a collateral warranty or a representation inducing same.
12.1 The Company reserves the right to vary design specifications materials packaging or modify any goods supplied without prior notice provided that such alterations shall not to a material extent seriously affect the performance of any goods or the quality of the workmanship or materials used.
12.2 While the Company will endeavour to comply with reasonable requests for an advertisement to be inserted on a particular date or in a particular part or edition of the publication, or to be inserted under a particular classification, the Company makes no guarantee in respect of any such request.
12.3 The Company reserves the right, at its sole discretion, to vary:-
(a) the date of publication of its magazine;
(b) the date of publication of the advertisement in its magazine;
(c) the placement of the advertisement within the magazine;
(d) the format of the advertisement.
12.4 The Company will endeavour to notify the client of any such variations. However, the Company will not be liable for any costs, expenses, losses or damages suffered or incurred by a client as a result of any such variation or of the Company’s failure to publish the advertisement in accordance with a client’s request.
13. In the event of the Client failing for any reason to make any payment which may be due under any contract with the Company or being in breach or anticipated breach of any of the provisions, undertakings or terms of conditions hereof or any contract with the Company or becoming insolvent or entering into a composition with or for the benefit of its creditors or being a body corporate having a receiver appointed of its undertakings or assets or any part thereof or (save for the purposes or reconstruction or amalgamation) going into liquidation the Company shall thereupon be entitled without prejudice to its other rights forthwith to determine the whole of or any unfulfilled part of any contract between the Company and the Client and in the event of such determination, the Company shall not be under any obligation to supply any further goods under any such contract and the Client shall indemnify the Company against all loss (including loss of profit) costs (including costs of labour and materials) and all expenses suffered by the Company by reason of such determination.
14. Upon signing the Booking Confirmation & Order Form the agreement is non cancellable and no refund will be given. All monies will become due upon non compliance by the Client. If the Client fails to remit deposit after signing the contract all monies will become due 14 days after due date and in the case of the deposit being paid there will be no refund under any circumstances.
15. These conditions are entered into on behalf of the Company and are intended to bind and enure for the benefit of the Company and its successors and assigns. The provision of the conditions, including this one, shall be given a large and liberal interpretation in favour of the Company so that the Contra Proferentem Rule shall not apply in any case against or to the disadvantage of the Company.
16. All content will be provided by the client within fourteen days of initial request by the Publication Coordinator. Online advertising period commences fourteen days from the signing of the booking Confirmation & Order Form.
17.1 The License granted by these Terms and Conditions is personal to the Client and may not be assigned, transferred or otherwise disposed of without the prior written consent of the Company. The Company’s consent may be given or withheld in its absolute discretion.
17.2 Without limiting the generality of 17.1, the Company may at any times, without the consent of the Clients, transfer by way of assignment or novation all or any of its rights, benefits and obligations hereunder. For the purposes of this clause the Company may disclose to a potential transferee such information about the Client, its business, assets and financial conditions as the Company shall consider necessary or appropriate.
17.3 If the Company partially transfers any of its rights, benefits and obligations hereunder pursuant to paragraph 17.2, all references in these Terms and Conditions to the Company shall thereafter (save as herein otherwise expressly provided) be constructed as a reference to the Company and its transferee or transferees or in the case of a transfer of all of its rights, benefits and obligations hereunder, to its transferee or transferees alone.
PUBLISHING CONDITIONS - Please Read
Preferred positions will only be guaranteed if client has agreed to pay a loading and are subject to availability.
No responsibility is accepted for any loss arising from the failure of an advertisement or any part thereof to appear or from any error in an advertisement in the publication.
The Publisher reserves the right to reject or omit from publication any advertisement or part thereof.
If artwork is overdue the Publisher reserves the right to repeat a previous advertisement, apply a late copy charge, or delay the publication of the advertisement until a later issue.
Used artwork is available for collection from the Publisher’s office immediately upon issue of the publication. No responsibility is accepted for advertising material still uncollected after three months.
No responsibility is accepted or warranty given for the late distribution of the publication due to circumstances beyond the Publisher’s control.
Cancellations after the booking deadline date will not be accepted. A 25% surcharge will apply for each ad that is cancelled and or within 15 days of publication deadline
Any artwork design costs to the date of any cancellation will be itemised and charged.
No refunds will be made of payments received if cancellations are made after the signing of the Booking Confirmation & Order Form.
An Advertiser and/or its agents, by lodging material with the Publisher for publication or authorising or approving of the publication or of any material:
A. ACKNOWLEDGES that they have examined the material for the purpose of determining whether it contains any defamatory matter or slander of title, infringes any trademark, constitutes the torts or passing off or unfair competition or constitutes an invasion of privacy, breach of copyright or breach of any provision of the Trade Practices act 1974.
B. INDEMNIFIES the Publisher, its servants and agents against all liability, claims or proceedings whatsoever arising from the publication of the material and without limiting the generality of the foregoing, liability for defamation, slander of title, infringement of trademark, passing off, unfair competition, invasion of privacy, breach of copyright or breach of any provision of the Trade Practices Act 1974 (as amended).
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