Adimage Promotions Promotional Items and Merchandise

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.

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.

Adimage Promotions Pty Ltd - Terms & Conditions of Trade

1. Definitions

1.1 "Adimage” means Adimage Promotions Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Adimage Promotions Pty Ltd

1.2 "Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.

1.3 "Goods” means all Goods or Services supplied by Adimage to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other)

1.4 "Price” means the Price payable for the Goods as agreed between Adimage and the Client in accordance with clause 5 below.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if Adimage receives any instructions from the Client for the supply of Goods or the Client accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with Adimage’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Adimage.

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

2.4 The Client acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, Adimage reserves the right to vary the Price with alternative Goods as per clause.

2.5 Adimage also reserves the right to halt all Services until such time as Adimage and the Client agree to such changes.

3. Electronic Transactions Act 2000

3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Change in Control

4.1 The Client shall give Adimage not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Adimage as a result of the Client’s failure to comply with this clause.

5. Price and Payment

5.1 At Adimage’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Adimage to the Client; or
(b) Adimage’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

5.2 Adimage reserves the right to change the Price:
(a) if a variation to the Goods which are to be supplied is requested; or
(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties which are only discovered on commencement of the Services; or
(d) in the event of increases to Adimage in the cost of labour or materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond Adimage’s control.

5.3 At Adimage’s sole discretion a deposit may be required.

5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Adimage, which may be:

(a) on delivery of the Goods;

(b) before delivery of the Goods;

(d) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;

(e) the date specified on any invoice or other form as being the date for payment; or

(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Adimage.

5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to five percent (5%) of the Price), or by any other method as agreed to between the Client and Adimage.

5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Adimage an amount equal to any GST Adimage must pay for any supply by Adimage under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Delivery of Goods

6.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:

(a) the Client or the Client’s nominated carrier takes possession of the Goods at Adimage’s address; or

(b) Adimage (or Adimage’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

6.2 At Adimage’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

6.3 The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Adimage shall be entitled to charge a reasonable fee for redelivery and/or storage.

6.4 Adimage may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6.5 The Client 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 ten percent (10%), and

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

6.6 Any time or date given by Adimage to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Adimage will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

7. Risk

7.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.

7.2 Where the Client has requested special delivery arrangements (i.e. that is delivery to other than the Client’s premises) then risk in the Goods shall pass to the Client immediately the Goods leave the premises of Adimage in Sydney. Adimage will not be liable under any circumstances for damage, shortage or loss during transit.

7.3 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Adimage is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Adimage is sufficient evidence of Adimage’s rights to receive the insurance proceeds without the need for any person dealing with Adimage to make further enquiries.

7.4 If the Client requests Adimage to leave Goods outside Adimage’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

7.5 The Client acknowledges that variations of colour and shade are inherent in fabric dye lots. While every effort will be taken by Adimage to match colour and shade of the Goods, Adimage shall not be liable for any loss, damage or costs, howsoever arising resulting from any variation in colour and shading between batches of the Goods or sale samples and the final Goods supplied.

7.6 Any advice, recommendation, information, assistance or service provided by Adimage in relation to Goods or Services supplied is given in good faith, is based on Adimage’s own knowledge and experience and shall be accepted without liability on the part of Adimage and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services.

8. Title

8.1 Adimage and the Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid Adimage all amounts owing to Adimage; and

(b) the Client has met all of its other obligations to Adimage.

8.2 Receipt by Adimage 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.

8.3 It is further agreed that:

(a) until ownership of the Goods passes to the Client in accordance with clause 8.1 that the Client is only a bailee of the Goods and must return the Goods to Adimage on request.

(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Adimage and must pay to Adimage the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Adimage and must pay or deliver the proceeds to Adimage on demand.

(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Adimage and must sell, dispose of or return the resulting product to Adimage as it so directs.

(e) the Client irrevocably authorises Adimage to enter any premises where Adimage believes the Goods are kept and recover possession of the Goods.

(f) Adimage may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Adimage.

(h) Adimage may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

9. Personal Property Securities Act 2009 (“PPSA”)

9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

9.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to Adimage for Services – that have previously been supplied and that will be supplied in the future by Adimage to the Client.

9.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Adimage may reasonably require to;

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);

(b) indemnify, and upon demand reimburse, Adimage for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Adimage;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Adimage;

(e) immediately advise Adimage of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

9.4 Adimage and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

9.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

9.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

9.7 Unless otherwise agreed to in writing by Adimage, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

9.8 The Client must unconditionally ratify any actions taken by Adimage under clauses 9.3 to 9.5.

9.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

10. Security and Charge

10.1 In consideration of Adimage agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

10.2 The Client indemnifies Adimage from and against all Adimage’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Adimage’s rights under this clause.

10.3 The Client irrevocably appoints Adimage and each director of Adimage as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Client’s behalf.

11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

11.1 The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify Adimage in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Adimage to inspect the Goods.

11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

11.3 Adimage acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Adimage makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Adimage’s liability in respect of these warranties is limited to the fullest extent permitted by law.

11.5 If the Client is a consumer within the meaning of the CCA, Adimage’s liability is limited to the extent permitted by section 64A of Schedule 2.

11.6 If Adimage is required to replace the Goods under this clause or the CCA, but is unable to do so, Adimage may refund any money the Client has paid for the Goods.

11.7 If the Client is not a consumer within the meaning of the CCA, Adimage’s liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Client by Adimage at Adimage’s sole discretion;

(b) limited to any warranty to which Adimage is entitled, if Adimage did not manufacture the Goods;

11.8 Subject to this clause 11, returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 11.1; and

(b) Adimage has agreed that the Goods are defective; and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, Adimage shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Client failing to properly maintain or store any Goods;

(b) the Client using the Goods for any purpose other than that for which they were designed;

(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Client failing to follow any instructions or guidelines provided by Adimage;

(e) fair wear and tear, any accident, or act of God.

11.10 Notwithstanding anything contained in this clause if Adimage is required by a law to accept a return then Adimage will only accept a return on the conditions imposed by that law.

12. Default and Consequences of Default

12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Adimage’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

12.2 If the Client owes Adimage any money the Client shall indemnify Adimage from and against all costs and disbursements incurred by Adimage in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Adimage’s contract default fee, and bank dishonour fees).

12.3 Further to any other rights or remedies Adimage may have under this contract, if a Client has made payment to Adimage by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Adimage under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.

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

12.5 Without prejudice to Adimage’s other remedies at law Adimage shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Adimage shall, whether or not due for payment, become immediately payable if:

(a) any money payable to Adimage becomes overdue, or in Adimage’s opinion the Client will be unable to make a payment when it falls due;

(b) the Client 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 Client or any asset of the Client.

13. Cancellation

13.1 Adimage may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Adimage shall repay to the Client any money paid by the Client for the Goods. Adimage shall not be liable for any loss or damage whatsoever arising from such cancellation.

13.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by Adimage as a direct result of the cancellation (including, but not limited to, any loss of profits). A minimum charge equal to twenty-five percent (25%) of the value of the ordered Goods shall apply which amount may be further adjusted at the sole discretion of Adimage.

13.3 Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

14. Privacy Act 1988

14.1 The Client agrees for Adimage to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Adimage.

14.2 The Client agrees that Adimage may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

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

(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.

14.3 The Client consents to Adimage being given a consumer credit report to collect overdue payment on commercial credit.

14.4 The Client agrees that personal credit information provided may be used and retained by Adimage for the following purposes (and for other agreed purposes or required by):

(a) the provision of Goods; and/or

(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d) enabling the collection of amounts outstanding in relation to the Goods.

14.5 Adimage may give information about the Client to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

14.6 The information given to the CRB may include:

(a) personal information as outlined in 14.1 above;

(b) name of the credit provider and that Adimage is a current credit provider to the Client;

(d) type of consumer credit;

(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Adimage has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);

(g) information that, in the opinion of Adimage, the Client has committed a serious credit infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

14.7 The Client shall have the right to request (by e-mail) from Adimage:

(a) a copy of the information about the Client retained by Adimage and the right to request that Adimage correct any incorrect information; and

(b) that Adimage does not disclose any personal information about the Client for the purpose of direct marketing.

14.8 Adimage will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

14.9 The Client can make a privacy complaint by contacting Adimage via e-mail. Adimage will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

15. General

15.1 The failure by Adimage to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Adimage’s right to subsequently enforce that provision. 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.

15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which Adimage has its principal place of business, and are subject to the jurisdiction of the Parramatta local courts in that state.

15.3 Subject to clause 11 Adimage shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Adimage of these terms and conditions (alternatively Adimage’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

15.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Adimage nor to withhold payment of any invoice because part of that invoice is in dispute.

15.5 Adimage may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

15.6 The Client agrees that Adimage may amend these terms and conditions at any time. If Adimage makes a change to these terms and conditions, then that change will take effect from the date on which Adimage notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Adimage to provide Goods to the Client.

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

15.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.