Terms of Trade
Welcome to Traction Print! We appreciate your interest in our services.
These Terms of Trade outline the terms and conditions that govern the relationship between Traction Print and our clients.
“Traction Print” means Traction Print Pty Ltd
“Client” or "Customer" means any person or organisation that engages with Traction Print with the view to purchase goods or services.
“Goods” means any physical or digital materials, provided to the Client by Traction Print or procured by Traction Print for the Client.
“Delivery Partner” means any third-party transport company entrusted with delivery of the Goods to the Client.
“Estimate” means a written estimated cost that has been supplied to the Client for the procuring the goods and services.
Traction Print Pty Ltd is a Print Consulting Company located in Australia, ACN: 675 239 719.
1. Quotation and Acceptance
1.1 All Estimates provided by Traction Print are valid for 30 days from the date of issue unless otherwise specified.
1.2 Acceptance of an Estimate signifies your agreement with these Terms of Trade.
1.3 It is the Client's responsibility to review the Estimate thoroughly and to contact Traction Print with any questions before approving it.
1.4 Traction Print reserves the right to correct any error in the Estimates whether technical or otherwise and the Client will be notified in writing of any changes.
2. Ordering
2.1 To initiate a project, please contact Traction Print through the website form, chat, or via email.
2.2 Traction Print will assess and discuss the Client's specific printing needs and provide it with a tailored Estimate.
2.3 Once the Client accepts the Estimate, Traction Print will arrange the production of the goods and services as specified in the Estimate.
2.4 A 10% plus or minus on ordered quantity may be delivered unless otherwise specified.
3. Payment Terms
3.1 Unless otherwise stated, Traction Print's standard payment terms are 100% upfront payment. The Client may apply for a credit account by contacting Traction Print via email and requesting a credit application form.
3.2 All credit account applications are subject to written approval from Traction Print and the application criteria are defined in the form. It is required that credit account holders have a valid ABN and supply recent financial references in their application.
3.3 Account customers' payment terms are 14 days from the invoice issue date.
3.4 Traction Print accepts payment by bank transfer or credit card. Credit cards payment may incur a surcharge of up to 2.6% + $0.30c per domestic transaction (3.6% for international).
3.5 Alternative payment terms may be considered upon prior agreement.
3.6 All prices and amounts given are in Australian Dollars, unless otherwise noted and subject to the Goods and Service Tax that will be charged and itemised in an invoice provided to the Client.
4. Delivery, turnaround times, and returns
4.1 Delivery times will vary depending on the complexity of the project.
4.2 Estimated delivery times will be included in the project's Estimate.
4.3 In the event of issues with delivery, Traction Print will work with the nominated Delivery Partner and will provide updates to the Client.
4.4 Delivery charges may apply and will be clearly communicated in the Estimate.
4.5 Traction Print will arrange to deliver the Goods to the Client's premises or an agreed location. The Client should make all necessary arrangements to take delivery of the Goods once the Goods have been sent out for delivery.
4.6 The delivery of Goods will take place once the Client takes possession of their Goods at an agreed location. If the Client is unable to take possession of the Goods immediately, Traction Print or the Delivery Partner will leave the Goods in a safe and secure place if possible. If no place is deemed safe and secure, then Traction Print shall be entitled to charge a fee for redelivery.
4.7 Traction Print shall not be liable for any loss or damage whatsoever due to failure by Traction Print to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Traction Print.
4.8 Any Goods despatched interstate or overseas are subject to external influences and Traction Print will assume no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time.
4.9 An order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, weather events, accidents, strikes, etc...
4.10 Traction Print is not responsible for delays due to improperly prepared files.
4.11 The Client shall inspect the Goods on delivery and within 3 days of delivery notify Traction Print with full details in writing of any alleged defects, shortages, damage or non-compliance with the specifications in the Estimate. If the Client does not notify Traction Print as required above, the Client is deemed to have accepted the Goods.
4.12 Where any defects, shortages, claim for damage or non-compliance with the specifications in the Estimate is accepted, Traction Print may, in its discretion, replace the defective or missing Goods or re-supply the services.
4.13 Traction Print will not accept Goods for return that have been altered in any way or have been used.
4.14 The Client must pay all freight charges associated with the return of the Goods unless Traction Print reasonably agrees that the defects, shortages, damage or non-compliance referred to the above clause is due to the fault or omission of Traction Print and that the return of the Goods is necessary in order replace the defective or missing Goods or re-supply the services.
5. Artwork and Copyright
5.1 The Client is responsible for ensuring all artwork and content provided for printing adhere to copyright laws.
5.2 The Client must own the rights to or have permission to use all materials submited to Traction Print.
5.3 By submitting artwork and content to Traction Print, the Client warrants that it has the legal right to use the material and that it does not infringe any third-party rights, including copyright, trademark, and privacy rights.
5.4 Traction Print is not liable for any copyright infringements or legal issues arising from the Client's supplied physical and digital assets or materials.
5.5 The Client agrees to indemnify and hold Traction Print harmless against any claims, damages, or expenses arising from any breach of these warranties.
5.6 If Traction Print is required to create artwork on the Client's behalf, all intellectual property rights in the created artwork will remain the property of Traction Print until full payment is received. Upon full payment, Traction Print assigns those rights to you.
5.7 Traction Print will also require the written approval of artwork proofs before an order can proceed to print, it is only then that a delivery date will confirmed in writing. Any delays to either payment or artwork approvals may extend any specific delivery dates.
5.8 If Traction Print find errors or any artwork discrepancies, it will liaise with the relevant parties or Client separately to resolve these issues. In some cases, the Client will be responsible for correcting these issues, and your order will be withheld from production until the Client completes the changes or notifies Traction Print to proceed to print. This may extend the delivery date of the order.
5.9 The Client is responsible for the accuracy of supplied artwork files to Traction Print. Traction Print will not be responsible for file related errors that may reduce the quality of the Client's job, nor does Traction Print accept responsibility for files that are not print ready.
5.10 Any additional translating, editing or programming needed to utilise Client supplied files (including, but not limited to, the artwork) will be charged for at current computing labour rates.
5.11 Hard copies supplied by the Clients will not be used for colour reference or matching.
5.12 Whilst all care is taken, print colour may vary from print to reprint, stock to stock, front to back and job to job. Therefore, Traction Print accepts no responsibility for these colour variations in differentiating printing processes or stock.
5.13 The Client warrants that any artwork supplied for printing or production by Traction Print will not include anything offensive, obscene, defamatory, or unlawful, contain viruses, corrupted data, malicious software, or other harmful components that could harm or modify Traction Print's computer systems or data, infringe upon the Intellectual Property rights of any other individual.
6. Disclaimer and Limitation of Liability
6.1 Traction Print strives to provide accurate Estimates and manage projects effectively. However, unforeseen circumstances can arise during the printing process.
6.2 While Traction Print will work diligently to resolve any issues that may occur, Traction Print cannot be held liable for delays, errors, or damages beyond reasonable control.
6.3 Traction Print's liability is limited to the cost of the printing project as specified in the Estimate.
7. Termination
7.1 Traction Print reserves the right to terminate services at any time if it deems a project to be unfeasible or a violation of these Terms of Trade.
7.2 The Client may terminate Traction Print services at any point after accepting an Estimate and before printing commences by providing written notice.
7.3 In such cases, any design or project management fees incurred or partially produced goods and services will be invoiced.
8. Confidentiality
8.1 Traction Print maintains strict confidentiality regarding all client information and project details.
9. Dispute Resolution
9.1 Any disputes arising under these Terms of Trade will be resolved through good faith negotiation between the parties.
9.2 If a resolution cannot be reached through negotiation within 30 days, the matter may be referred to mediation. The parties agree to appoint a mediator who is independent and has relevant experience. If the parties cannot agree on a mediator, one will be appointed by the Australian Mediation Association.
9.3 If mediation does not resolve the dispute, the matter may be referred to arbitration. The arbitration will be conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) in Sydney, New South Wales. The arbitration will be final and binding on both parties.
9.4 Each party will bear its own costs of mediation and arbitration, unless the arbitrator decides otherwise.
10. Governing Law
10.1 These Terms of Trade are governed by and construed in accordance with the laws of the state of New South Wales, Australia.
10.2 Any legal action or proceeding arising under these Terms of Trade shall be brought in the courts of New South Wales, Australia.
11. Office Hours
11.1 Traction Print office hours are 9am – 5pm (AEST) Monday to Friday.
11.2 Traction Print will be closed on Saturdays, Sundays, and all major Australian Federal and State public holidays, unless otherwise agreed in writing.
Thank you for choosing Traction Print! We look forward to working with you.