Adimage Promotions Pty Ltd - Privacy Policy

Adimage Promotions has created this privacy statement to demonstrate our firm commitment to your privacy. This policy describes our practices regarding information collected through our website or through any other means.

We reserve the right to modify this Privacy Policy from time to time. Please visit our website periodically to review any changes.


Adimage Promotions Mailing List

All information you provide will be kept confidential and is used to support our business relationship and the services we provide. This website uses a registration system to allow you access to view pricing; including the ability to generate, print and/or email your quote. By registering on our website, we collect your contact information to allow us to reference your quote; send samples, orders, information about our products and promotional material.


Personal Information Disclosure

Adimage Promotions will not give or sell any information you provided, to any third party for use in marketing or solicitation, without your consent. The information protected includes any information about you, your order and your purchase history. Your information may be shared with contractors of Adimage Promotions for the purpose of performing services for Adimage Promotions related only to your order or sample request. Adimage Promotions may release personal identifiable information when required to by law wherein we have a good-faith belief that such action is necessary to comply with a legal process.


Choice/Opt-out

You will from time to time receive information on goods and services or offers that we believe will be of interest to you. If you do not wish to receive this information, you may "opt-out" at any time by emailing your request to: support@adimage.com.au


Correction and Removal of Information

If your personal information changes, or if you no longer wish to request our services, we will promptly correct, update, or remove your information upon request. To make such a request, please email: support@adimage.com.au


IP Addresses

We use IP addresses in order to gauge website statistics, administer the site and gather information for aggregate use. IP addresses are not linked to personally identifiable information.


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Adimage Promotions Pty Ltd - Samples Policy

We recommend that a sample is obtained, to confirm suitability of the product before any bulk order is placed. In the interest of maintaining best price practice and minimizing overheads, such as costly samples, which reflect directly back to margin applied to cost of product; we request that budget and quote approval is confirmed before ordering evaluation or size range samples. We will happily provide these samples based on compliance with the following Samples Policy.


Sales / Evaluation Samples

All samples are charged out at the minimum buy rate which is primarily a method of tracking samples on loan. Should the samples be returned within 7 days in original saleable condition, the samples invoice will automatically be credited.


Should you wish to retain the samples or should the samples no longer be in saleable condition, we require the samples invoice to be paid within 7 days.


Notwithstanding the above, samples despatched to non-account holders will require payment prior to despatch and may be credited against your order, should the samples be returned within 7 days in saleable condition.


Garment Size Range Samples
When ordering clothing, we recommend that a size range is obtained once your order has been placed for the garments; prior to confirming your size breakup required. All size samples ordered will be supplied in the colour-way of your bulk order. These samples will be invoiced out at your order quantity buy rate and will be credited against your order, upon return. These samples will then be utilised in your bulk order, so please ensure that only common sizes are ordered and that samples are returned in a saleable condition.


In some cases, such as where a size set of clothing samples are ordered, and the bulk order does not proceed, or some size samples are not required, a restocking fee may be applicable. The cost of the restocking fee may vary, upon the origin of the goods ordered. Please contact your Account Manager prior to ordering samples, to confirm the cost of any restocking fee that may apply.


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Adimage Promotions Pty Ltd - Terms & Conditions of Trade


1. Definitions

1.1 "Seller" shall mean Adimage Promotions Pty Ltd and its successors and assigns.

1.2 "Buyer" shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.

1.3 "Guarantor" means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer on a principal debtor basis.

1.4 "Goods" shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).

1.5 "Services" shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).

1.6 "Price" shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.


2. Acceptance

2.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer's acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Buyer has entered into this agreement, the Buyer's shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.

2.4 None of the Seller's agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.

2.5 No term or condition contained in the Buyers acceptance or order or in any other document purporting to relate to this contract shall add to, amend, or invalidate any part of the terms and conditions contained herein.

2.6 The Buyer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Buyer's name and/or any other change in the Buyer's details (including but not limited to, changes in the Buyer's address, facsimile number, or business practice).


3. Goods

3.1 The Goods are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.


4. Price And Payment

4.1 At the Seller's sole discretion the Price shall be either;

 (a) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or

 (b) the Seller's quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller's quotation within thirty (30) days.

 (c) All quotations are subject to materials being available at the time an order is received.

4.2 The Seller reserves the right to change the Price in the event of a variation to the Seller's order confirmation. Where a variation has been requested, the Buyer may incur a variation fee, which amount shall be determined at the sole discretion of the Seller.

4.3 At the Seller's sole discretion a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.

4.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods.

4.5 The Seller may withhold delivery of the Goods until the Buyer has paid for them, in which event payment shall be made before the delivery date.

4.6 At the Seller's sole discretion, for certain approved Buyers payment will be due seven (7) days following the date of the invoice.

4.7 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Seller.

4.8 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.


5. Delivery Of Goods / Services

5.1 Delivery of the Goods shall be made to the Buyer's address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Seller's address.

5.2 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.

5.3 The Buyer shall make all arrangements necessary to ensure the Seller is provided full and clear access for delivery and will at its own expense provide all necessary assistance in unloading the Goods at the nominated place of delivery.

5.4 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that;

 (a) such discrepancy in quantity shall not exceed 10%, and

 (b) the Price shall be adjusted pro rata to the discrepancy.

5.5 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.

5.6 The delivery date is made in good faith as an estimate only and the Seller shall incur no liability whatsoever if such date is not met, nor will the Seller be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.


6. Risk

6.1 If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery. Where the Buyer has requested special delivery arrangements (i.e. that is delivery to other than the Buyer's premises) then risk in the Goods shall pass to the Buyer immediately the Goods leave the premises of the Seller in Sydney. The Seller will not be liable under any circumstances for damage, shortage or loss during transit.

6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by the Seller is sufficient evidence of the Seller's rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.


7. Buyer's Disclaimer

7.1 The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Buyer and shall not be transferable to any subsequent Buyer.


8. Defects / Returns

8.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

8.2 For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller's liability is limited to either (at the Seller's discretion) crediting the costs of the faulty Goods, or replacing the Goods, or repairing the Goods provided that:

 (a) the Buyer has complied with the provisions of clause 8.1;

 (b) the Goods are returned at the Buyer's cost within seven (7) days of the delivery date;

 (c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;

 (d) the Goods are returned in the condition in which they were delivered.


9. Warranty

9.1 The warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturers warranty.


10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

10.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.


11. Intellectual Property

11.1 Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller's discretion.

11.2 Conversely, in such a situation, where the Buyer has supplied drawings, the Seller in its sale conditions may look for an indemnity (the specifications and design of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller).

11.3 Where any designs or specifications have been supplied by the Buyer for manufacture, by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.


12. Default & Consequences Of Default

12.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.

12.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller's costs and disbursements including on a solicitor and own client basis and in addition all of the Seller's nominees costs of collection.

12.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.

12.4 If any account remains unpaid at the end of the second month after supply of the Goods or Services an immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.

12.5 In the event that:

 (a) any money payable to the Seller becomes overdue, or in the Seller's opinion the Buyer will be unable to meet its payments as they fall due; or

 (b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

 (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Seller's other remedies at law

  (i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and

  (ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause 12.1 hereof.


13. Title

13.1 It is the intention of the seller and agreed by the Buyer that property in the Goods shall not pass until:

 (a) The Buyer has paid all amounts owing for the particular Goods, and

 (b) The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, and that the Goods shall be kept separate until the Seller shall have received payment and all other obligations of the Buyer are met.

13.2 It is further agreed that:

 (a) Until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease.

 (b) If the Buyer fails to return the Goods to the Seller then the Seller or the Seller's agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods, without being responsible for any damage thereby caused.

 (c) The Buyer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Buyer shall hold any proceeds from the sale or disposal of the Goods on trust for the Seller.

 (d) The Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller.

 (e) Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller's ownership of rights in respect of the Goods shall continue.

 (f) The Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller.

 (g) The Seller may require payment of the Price or the balance of the Price due together with any other amounts due from the Buyer to the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.

 (h) The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.

 (i) Until such time the Buyer has the Seller's authority to convert the goods into other products and if the goods are so converted, the parties agree that the Seller will be the owner of the end products.


14. Security And Charge

14.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever:

 (a) Where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller's nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.

 (b) Should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the seller from and against all the Seller's costs and disbursements including legal costs on a solicitor and own client basis.

 (c) To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof the Buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Seller or the Seller's nominee as the Buyer's and/or Guarantor's true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Seller and/or the Seller's nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Buyer and/or the Guarantor in any land, realty or asset in favour of the Seller and in the Buyer's and/or Guarantor's name as may be necessary to secure the said Buyer's and/or Guarantor's obligations and indebtedness to the Seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Seller's absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.


15. Cancellation

15.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

15.2 At the Sellers sole discretion the Buyer may cancel delivery of the Goods. In the event that the Buyer cancels delivery of the Goods the Buyer shall remain liable to pay for a minimum of 25% of the value of the Goods, which amount may be further adjusted at the sole discretion of the Seller.


16. Privacy Act 1988

16.1 The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.

16.2 The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

 (a) To assess an application by Buyer;

 (b) To notify other credit providers of a default by the Buyer;

 (c) To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and

 (d) To assess the credit worthiness of Buyer and/or Guarantor/s.

16.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

16.4 The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:

 (a) provision of Services & Goods;

 (b) marketing of Services and/or Goods by the Seller, its agents or distributors in relation to the Services and Goods;

 (c) analysing, verifying and/or checking the Buyer's credit, payment and/or status in relation to provision of Services/Goods;

 (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and

 (e) enabling the daily operation of Buyer's account and/or the collection of amounts outstanding in the Buyer's account in relation to the Services and Goods.

16.5 The Seller may give, information about the Buyer to a credit reporting agency for the following purposes:

 (a) to obtain a consumer credit report about the Buyer; and or

 (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.


17. Unpaid Seller's Rights To Dispose Of Goods

17.1 In the event that:

 (a) the Seller retains possession or control of the Goods; and

 (b) payment of the Price is due to the Seller; and

 (c) the Seller has made demand in writing of the Buyer for payment of the Price in terms of this contract; and

 (d) the Seller has not received the Price of the Goods,

then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal.


18. General

18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

18.2 All Goods supplied by the Seller are subject to the laws of New South Wales and the Seller takes no responsibility for changes in the law which affect the Goods supplied.

18.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.

18.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

18.5 The Buyer shall not set off against the Price amounts due from the Seller.

18.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer's consent.

18.7 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the Buyer of such change.

18.8 The Seller shall not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.


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