Trading Terms

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  • Supplier’s contact details
      1. getecco.com.au (Supplier’s website) is a website operated by Getecco Pty Ltd (ACN 644 748 032) (Supplier).
      2. The Customer’s attention is drawn to clause 21 (Definitions and Interpretation).
      3. The Customer may contact the Supplier by completing the online enquiry form accessible via the Supplier’s website.
  • Our contract with you
      1. These Conditions apply to the order for Goods by the Customer, including via the Supplier’s website, and the supply of Goods by the Supplier to the Customer. To the extent permitted by law, these Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
      2. The Customer shall follow the onscreen prompts on the Supplier’s website to place an Order. Each Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification (including as may be submitted by the Customer) are complete and accurate.  The Customer acknowledges and agrees:
        1. All artwork files provided by the Customer to the Supplier must be provided as a vector graphic file. The Supplier’s website may automatically reject files that do not meet the vector graphic, resolution or colour requirements.
        2. All details of customisation options available for the Goods ordered will be summarised on the Supplier’s website prior to the Order being placed.
        3. It is Customer’s responsibility to check all details of the customisation to ensure accuracy in all respects.
        4. A copy of the summary of the Order, including customisation specifications, will be emailed to the Customer.
        5. Such email record shall be prima facie evidence of the customisation specifications the Customer has placed in respect of the Order.
      3. The Supplier’s order process allows the Customer to check and amend any errors before submitting its order to the Supplier. The Customer is responsible for checking the order carefully before confirming it. The Customer is responsible for ensuring that its order and any Specification submitted by the Customer is complete and accurate.
      4. After the Customer places its Order, the Customer will receive an email from the Supplier acknowledging that the Supplier has received it. The Customer acknowledges this does not mean that its order has been accepted. The Supplier’s acceptance of the Customer’s Order will take place as described in clause 2.5.
      5. The Order shall only be deemed to be accepted by the Supplier when the Supplier issues a written acceptance of the Order, including by email confirmation, at which point the Contract shall come into existence. The Contract will relate only to those Goods confirmed in the Order confirmation.
      6. If the Supplier is unable to supply the Customer with the Goods for any reason (in whole or in part), the Supplier shall inform the Customer of this by email and the Supplier will not process the Customer’s order to the extent it is unable to do so. If the Customer has already paid for the Goods, the Supplier will refund the Customer the relevant amount (in whole or in part having regard to the amount payable for each of the Goods, as relevant).
      7. For the avoidance of doubt, the Customer waives any right it might otherwise have to rely on any term contained in any documents of the Customer that are inconsistent with these Conditions.
      8. Any drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's website, catalogues and/or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. To the extent permitted by law, they shall not form part of the Contract nor have any contractual force.  Without limiting this:
        1. Where a proof of the proposed customisation is provided to a Customer prior to the confirmation of the Order, including a proof sent to the Customer from the Supplier via email or electronic signing platform or shown on our website, the Customer acknowledges and agrees such proof is a digital representation only of the final printed Goods.
        2. The resolution, colour settings and configuration of the device on which the Customer views the proof and/or the print and colour specifications of any proof that the Customer may print out to view, all fundamentally impact on the manner in which the proof appears and cannot accurately reflect the final product. 
        3. All colours used in the printing process are based on the international Pantone colour standard, and the Customer needs to specify the PMS coated (C) or uncoated (U) colour. 
        4. The Customer shall have reference to an authorised hardcopy of the standard in considering colour selections and representations for the final printed Goods.
      9. A quotation for the Goods (if any) given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 14 days from its date of issue.
  • Goods and Services
      1. The Goods are described in the Supplier's website, as modified by any applicable Specification.  Whilst the Supplier uses reasonable commercial endeavours to ensure that the Goods are described as accurately as possible on the website, the Supplier does not warrant that the description is accurate. Where the Supplier becomes aware of any misdescription, the Supplier reserves the right to correct any error or omission.  Images have been provided for illustrative purposes only and the Supplier does not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to the relevant Goods.
      2. To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, the Supplier's use of the Specification. This  3.2 shall survive termination of the Contract.
      3. The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event.
      4. Notwithstanding any other provision of these Conditions, the following additional terms and conditions apply in respect of Orders for GetCustom goods or services (a GetCustom Order):
        1. The Supplier shall complete one (1) amendment of the proof at no additional cost to the Customer. In the event the Customer requests the Supplier to provide multiple amendments and proofs, the Supplier reserves the right to charge the Customer its reasonable costs for the additional work in amending and creating those additional proofs.
        2. For each GetCustom Order of a specific Good, the Supplier may charge the Customer an initial customisation fee. The details of that customisation fee will be displayed as a part of the GetCustom Order on the Supplier’s website, and is payable by the Customer in full prior to the Order being accepted by the Supplier.
        3. In the event the Customer intends to re-order a previously ordered GetCustom Order, or the Customer decides to create a continuing or recurring Order of customised Goods, the Supplier shall not charge the Customer a further customisation fee where the specifications of the Goods and customisations remain the same in every respect. If the Customer requests any modifications (however minor) a full new customisation fee will be payable by the Customer to the Supplier in respect of the relevant Order.  The Customer acknowledges that this is required by the Supplier because of the requirement for the Supplier to have new printing plates manufactured for the printing process in respect of the relevant Goods.
        4. The Supplier’s standard timeframe for the provision of a proof to the Customer after a GetCustom Order is initiated via the website is 14 days from the date of the submission via the website. At the time of providing the Customer with the proof, the Supplier may provide the Customer with an estimate of the fulfilment timeframe for the relevant Order. Such a timeframe is an estimate only, and is subject to any delays that may be suffered in the printing process, production of the articles, and shipping. The Customer acknowledges and agrees delays are beyond the Supplier’s direct control and to the maximum extent permitted by law, the Customer indemnifies and releases the Supplier from any loss or damage the Customer or any third party may suffer as a consequence of the any delays (including in respect of the estimated timeframes not being met). 
        5. The Customer acknowledges and agrees shipping may take up to 12 to 16 weeks from the time the Order is placed and the final proof confirmed. Wherever possible the Supplier will endeavour to provide the Customer with updated shipping timeframes when your Order is placed, confirmed and paid in full. Any estimated shipping timeframes are estimates only and to the maximum extent permitted by law, the Supplier shall not be held liable for any costs or damages arising as a consequence of the Customer’s reliance on an estimated timeframe.
      5. Where Goods have been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, the Supplier reserves the right to cancel a Contract or transaction (in whole or in part). Where your credit card has been charged, the Supplier will immediately refund your credit card for the total amount debited in respect of the relevant Contract or transaction (or part thereof).
  • Delivery
      1. The Supplier shall ensure that: 
        1. each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, all relevant Customer and Supplier reference numbers (if any), the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 
        2. if the Supplier requires the Customer to return any packaging materials to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense.
      2. The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
      3. Delivery is completed on the completion of delivery of the Goods at the Delivery Location.
      4. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods, including where such delay is caused by a Force Majeure Event or the Customer's failure to accept delivery of the Goods or provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
      5. If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
      6. If the Customer fails to take delivery of the Goods within 3 Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract in respect of the Goods:
        1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
        2. the Supplier shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
      7. If 10 Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken actual delivery of them, the Supplier may (at the cost of the Customer) resell or otherwise dispose of (or donate to charity) part or all of the Goods.  The Customer shall pay upon demand any reasonable costs incurred by the Supplier in respect any such resale or disposal.
      8. The Supplier may deliver the Goods by instalments, which shall be paid for in accordance with the payment terms. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
  • Variation in quantity
      1. On any individual Order or delivery against an Order, the Supplier reserves the right to deliver a quantity of Goods which may vary up to ten percent (10%) over or under the quantity ordered. Unless otherwise agreed in writing by the Supplier at the time of an Order, the Customer shall accept the Goods and pay the per unit price for them upon delivery. Delivery of ten percent (10%) over or under the quantity specified shall constitute fulfillment of an order or release against an Order. Exact quantities may be negotiated where necessary.
  • Quality
    1. The Supplier warrants that on delivery, and for a period of 3 months from the date of delivery (Warranty Period), the Goods shall:
      1. conform in all material respects with their description and any applicable Specification; 
      2. be free from material defects in design, material and workmanship; and
      3. be of acceptable quality (within the meaning of the Australian Consumer Law)
    2. Subject to 6.3, if:
      1. the Customer gives notice in writing to the Supplier during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in 6.1; 
      2. the Supplier is given a reasonable opportunity of examining such Goods; and
      3. the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost,

the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

  1. The Supplier shall not be liable for the Goods' failure to comply with the warranty set out in 6.1 if:
    1. the Customer makes any further use of such Goods after giving notice in accordance with 6.2;
    2. the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same; 
    3. the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer; 
    4. the Customer alters or repairs such Goods without the written consent of the Supplier; 
    5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
    6. the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
  2. Except as provided in this 6, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in 6.1.
  3. The terms implied by the Australian Consumer Law are, to the fullest extent permitted by law, excluded from the Contract.
  4. These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
  • Title and risk
      1. The risk in the Goods shall pass to the Customer on completion of delivery.
      2. Title to the Goods shall not pass to the Customer until the earlier of:
        1. the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and 
        2. the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in 7.4.
      3. Until title to the Goods has passed to the Customer, the Customer shall: 
        1. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property; 
        2. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; 
        3. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
        4. notify the Supplier immediately if it becomes subject to any of the events listed in 15.1(b) to 15.1(d); and
        5. give the Supplier such information as the Supplier may reasonably require from time to time relating to:
          1. the Goods; and
          2. the ongoing financial position of the Customer.
      4. Subject to 7.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
        1. it does so as principal and not as the Supplier’s agent; and
        2. title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
      5. At any time before title to the Goods passes to the Customer, the Supplier may:
        1. by notice in writing, terminate the Customer's right under 7.4 to resell the Goods or use them in the ordinary course of its business; and
        2. require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
  • Customer’s obligations
      1. It is the Customer’s responsibility to ensure that:
        1. the terms of the Customer’s order are complete and accurate;
        2. the Customer cooperates with the Supplier in all matters relating to the Goods;
        3. the Customer provides the Supplier with such information and materials the Supplier may reasonably require in order to supply the Goods, and ensure that such information is complete and accurate in all material respects; and
        4. the Customer complies with all applicable laws
      2. By completing an Order, the Customer warrants and represents that all information provided is true, accurate and complete and the Customer is entitled to purchase and sell, and not prohibited by law in respect of purchase or sale of,  the Goods. The Customer must promptly notify the Supplier of any changes to the details provided as part of the Order.
  • Price and payment
      1. The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery.
      2. The Supplier may, by giving notice to the Customer at any time up to 5 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
        1. any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
        2. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or 
        3. any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions. 
      3. The price of the Goods: 
        1. excludes amounts in respect of goods and services tax (GST), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid tax invoice; and
        2. excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
      4. The Supplier may invoice the Customer for the Goods on or at any time after the completion payment for an Order. 
      5. The Customer shall pay each invoice submitted by the Supplier:
        1. at the date and time of issue of that invoice and at the time of placing the Order for the Goods, or otherwise in accordance with any credit terms agreed by the Supplier and confirmed in writing to the Customer; and
        2. in full and in cleared funds by credit card or to a bank account nominated in writing by the Supplier.
      6. If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies under 15, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this 9.6 will accrue each day at 10% per annum.
      7. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
      8. The Customer represents and warrants that the Customer has the authority to make the payment on the order or transaction by providing the Supplier with a valid credit card or PayPal account, as relevant.
      9. The Supplier does not store and/or hold your credit/debit card/PayPal account details in its systems. All credit card or PayPal transactions will be processed through a secured e-payment system by a third-party service provider. 
      10. The Supplier accepts the following modes of electronic payment processes: Visa, MasterCard and PayPal. 
      11. The Supplier reserves the right to request payment of fees, or charges and processing fee charges for your purchases of any Products and/or Services offered by The Supplier or its merchants or third-party service providers. The Customer must pay all applicable fees, charges and processing fee charges, as described on the Supplier’s website in relation to such Goods and/or Services which the Customer has selected or purchased. 
      12. The Customer will receive an email confirmation of your order via e-mail. For clarification, such email confirmation of orders does not guarantee stock availability. 
      13. Without limiting any other provision, the Customer will receive an invoice via e-mail once the payment for the order is successful. 
      14. The Supplier reserves the right to change the payment method at any time by which payments for orders may be affected and such changes may be notified either by email or upon posting on the Supplier’s website.  The Customer’s use or continued use of the Suppliers website following such notification constitutes your acceptance of any new or payment method used.
  • Intellectual property rights
    1. No rights of ownership to the Supplier Intellectual Property are transferred under these Conditions.  The Supplier retains its rights to use the Supplier Intellectual Property for any purpose.
    2. No rights of ownership to the Customer Intellectual Property are transferred under these Conditions provided however, to the extent that Customer Intellectual Property is incorporated into any New IP, then the Customer grants the Supplier a non-exclusive, transferable, perpetual, irrevocable, royalty free licence to the incorporated Customer Intellectual Property.
    3. The Customer represents and warrants to the Supplier that:
      1. the Customer is the legal and beneficial owner of, or is entitled to use (or will on creation own or be entitled to use); and
      2. is entitled to licence to the Supplier in accordance with clause 10.2,

the Intellectual Property Rights in the Customer Intellectual Property.

  1. Upon creation, all New IP will be owned by, and vest in, the Supplier.  The parties will take all necessary steps and execute all (or procure the execution of all) necessary documents to perfect the Supplier’s title to New IP.
  2. Each party must not do, or permit or omit to do, any act which infringes the Intellectual Property Rights of the other party.
  3. Each party must notify each other party within 3 Business Days if it becomes aware of:
    1. any actual or suspected infringement by a third party of a party’s Intellectual Property Rights; or
    2. any actual or threatened claim by a third party that their Intellectual Property Rights have been or will be infringed by any act or omission by a party in connection with these Conditions.
  4. Each party warrants to each other party that it has the full right and title to enter into the Contract and to grant the rights it sets out to the other parties.
  5. The Customer consents to the Supplier infringing, and waives any Moral Rights that the Customer (and must ensure that each of its officers, employees, agents and contractors waive any Moral Rights that any of them) may have or become entitled to in any works created, developed, modified or enhanced in the course of the Supplier performing the Services.
  6. The Supplier may publish or join in publishing any description or illustration of the Goods (including those incorporating Customer Intellectual Property), including on the Supplier’s website from time to time.
  • Use of personal information
      1. The Supplier may use any personal information the Customer provides to the Supplier to:
        1. supply the Goods;
        2. process the Customer’s payment for the Goods; and
        3. inform the Customer about similar products or services that the Supplier provides, but the Customer may stop receiving this information at any time by contacting the Supplier.
      2. Further details of how the Supplier may process personal information are set out in the Supplier’s privacy policy accessible at the Supplier’s website.
  • Liability
      1. The restrictions on liability in this clause 12 apply to every liability arising under, or in connection with, the Contract, including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
      2. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
        1. death or personal injury caused by negligence;
        2. fraud or fraudulent misrepresentation; 
        3. breach of the terms implied by law, including the Australian Consumer Law, as relevant; or
        4. defective products under the Australian Consumer Law. 
      3. Subject to 12.2, the Supplier's total liability to the Customer in respect of a Contract shall not exceed the value of the Goods for that Contract.
      4. Subject to 12.2, in no event will the Supplier by liable to the Customer or any third party for any loss of use, loss of revenue, loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill or any consequential, incidental, indirect , exemplary, special, punitive or consequential loss or damages, whether arising out of breach of contract, tort (including negligent) or otherwise in connection with this Contract or the Goods, regardless of whether such loss or damages was foreseeable, and whether or not any party had been advised of the possibility of such loss or damage.
      5. Nothing in the Contract is intended to have the effect of excluding, restricting or modifying the application of the Australian Consumer Law.
      6. If the Supplier is liable to the Customer in relation to a failure to comply with a guarantee that applies under the Australian Consumer Law that cannot be excluded, the Supplier’s total liability to the Customer for that failure is limited to, at the Supplier’s option, the resupply of the Goods or the payment of the cost of resupply of the Goods.
      7. Nothing in the Contract limits or affects the exclusions and limitations set out in the Supplier’s terms and condition of use accessible at the Supplier’s website.
      8. This clause 12 shall survive termination of the Contract
  • Indemnity
      1. The Customer indemnifies the Supplier and holds the Supplier harmless from and against all Losses (including all legal costs, and any other associated fees and costs) for which the Supplier incurs as a direct or indirect result of:
        1. recovering any amounts the Customer owes to the Supplier (including any fees paid to a debt collector or similar);
        2. any breach of a Contract by the Customer (including any breach of the warranties provided by the Customer);
        3. any unlawful, negligent or wilful act or omission by the Customer, the Customer’s employees, agents, servants, contractors or others for whom the Customer is legally responsible; and
        4. any infringement or alleged infringement of Intellectual Property Rights owned by a third party in respect of any of the Customer Intellectual Property.
  • Notification of claims
    1. The Customer shall notify the Supplier immediately if it becomes aware of:
      1. any claim; or
      2. any death, serious injury or serious illness,

in respect of, or caused by, the Goods or other goods of which the Goods are a component or mixed with and the Customer will take all reasonable steps to mitigate any Loss arising as a consequence of the claim, death, serious injury or serious illness.

  1. The Customer must:
    1. not, without the Supplier’s express written consent, make any representation to any Consumer regarding the purpose, performance or durability of the Products, which is in breach of the Australian Consumer Law;
    2. take all steps and do all things necessary to promptly pass on to the Supplier any claim made by a Consumer arising out of or in connection with the Australian Consumer Law and must, at the Customer’s expense, assist the Supplier to comply with its obligations under the Australian Consumer Law; and
    3. not agree to settle any claim made by a Consumer without the prior written consent of the Supplier.
  • Termination 
      1. Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
        1. the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so; 
        2. the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; 
        3. the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
        4. the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
      2. Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in 15.1(b) to 15.1(d), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
      3. Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
      4. On termination of the Contract for any reason, the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Goods supplied, but for which no invoice has been submitted, the Supplier shall submit an invoice which shall be payable by the Customer immediately on receipt.
      5. Termination or expiry of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
      6. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
  • Force majeure

Except in the case of an obligation to pay money, neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 3 months, the party not affected may terminate the Contract by giving reasonable written notice to the affected party.

  • GST
      1. Words used in this clause 17 that have a defined meaning in the GST Law have the same meaning as in the GST Law unless the context indicates otherwise.
      2. Unless expressly stated otherwise, the consideration for any supply under or in connection with the Contract is exclusive of GST.
      3. To the extent that any supply made under or in connection with the Contract is a taxable supply (other than any supply made under another agreement that contains a specific provision dealing with GST), the amount payable by the recipient is the consideration provided under the Contract for that supply (unless it expressly includes GST) plus an amount (Additional Amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply.
      4. The recipient must pay the Additional Amount at the same time as the consideration to which it is referable, and upon the issue of an invoice relating to the supply.
      5. Whenever an adjustment event occurs in relation to any taxable supply to which clause 17.3 applies:
        1. the supplier must determine the amount of the GST component of the consideration payable; and
        2. if the GST component of that consideration differs from the amount previously paid, the amount of the difference must be paid by, refunded to or credited to the recipient, as applicable.
      6. If either party is entitled under the Contract to be reimbursed or indemnified by the other party for a cost or expense incurred in connection with the Contract, the reimbursement or indemnity payment must not include any GST component of the cost or expense to the extent that the cost or expense is the consideration for a creditable acquisition made by the party being reimbursed or indemnified, or by its representative member.
  • Dispute resolution
      1. A party to the Contract claiming that a dispute has arisen from or in connection with the Contract (Dispute), must not commence court proceedings arising from or relating to the Dispute, other than a claim for urgent interlocutory relief, unless that party has participated in a mediation in accordance with this clause.
      2. A party to the Contract claiming that the Dispute has arisen must give a written notice to the other party or parties to the Contract, specifying the nature of the Dispute. The parties must then participate in mediation in accordance with this clause.
      3. The rules of the Resolution Institute will apply to this mediation and will govern the selection of the mediator and the process of the mediation.
      4. This clause 18 will survive termination or expiry of the Contract.
  • Non-solicitation
    1. The Customer:
      1. must not solicit any officer, employee, contractor or third party supplier of the Supplier;
      2. procure or offer any form of employment or contract to any officer, employee, contractor or third party supplier of the Supplier,

during the term of any Contract or within 12 months of the date of any Contract.

  • General
      1. Assignment and other dealings.
        1. The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
        2. The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
      2. Entire agreement.
        1. The Contract constitutes the entire agreement between the parties.
        2. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
        3. Without limiting paragraph (b), the Customer acknowledges and agrees that it has not relied on any representations, inducements or statements made to it by the Supplier regarding the supply of the Goods or Services and it has satisfied itself that the Goods and Services are fit for the purpose it requires them for.
      3. Variation. The Supplier may amend or update these Conditions from time to time in its sole discretion. If so, the Supplier may let Customers know by posting the updated Terms on the Supplier’s website and/or may also send other communications. It’s important Customers review these Conditions whenever updated or when placing Orders for Goods. If the Customer continues to order or orders new Goods after the Supplier has posted updated Conditions this means that the Customer accepts and agrees to the amendments and updates. If the Customer does not agree to be bound by the amendments and/or updates, the Customer must not order Goods anymore. The only exception is for changes Contracts in respect of orders that have been made prior to such amendment or update, in which case no variation of a Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
      4. No waiver. 
        1. A waiver of any right, power or remedy arising under or in connection with the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 
        2. Neither party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with the Contract.
        3. A delay or failure to exercise, or the single or partial exercise of, any right, power or remedy arising under or in connection with the Contract shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.  
      5. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this 20.5 the parties shall negotiate in good faith to agree to a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
      6. Notices.
        1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
          1. delivered by hand or by express post or other next working day delivery service at the location specified in the Order; or 
          2. sent by email to the email addresses specified in the Order (or an address substituted in writing by the party to be served).
        2. Any notice shall be deemed to have been received:
          1. if delivered by hand, at the time the notice is left at the proper address;
          2. if sent by express post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
          3. if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume. 
        3. This clause 20.6 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
      7. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of the State of Queensland.
      8. Jurisdiction. Each party agrees that the courts of the State of Queensland shall have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract or its subject matter or formation.
  • Definitions and interpretation
    1. Definitions: 
    1. In these Conditions, unless the context clearly indicates otherwise the following terms have the following meanings:
    2. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
    3. Business Day: a day other than a Saturday, Sunday or public holiday in Brisbane, Queensland.
    4. Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
  • Conditions: the terms and conditions set out in this document as amended from time to time in accordance with 20.3.
  • Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
    1. Customer: the person or firm who purchases the Goods from the Supplier.
    2. Customer Intellectual Property: the Intellectual Property Rights of the Customer which are created independently of the Contract.
    3. Delivery Location: has the meaning given in se 4.2.
  • Force Majeure Event: an event, circumstance or cause beyond a party's reasonable control including any Act of God, riots, insurrections, rebellions, terrorist acts, civil disturbances, wars (declared or undeclared), Government regulations for national defence, fire, lightning, severe weather conditions, flood, pandemic, epidemic, strikes, boycotts, lockouts or other labour disturbances or compliance with any Laws or order of any Government Body.
    1. Goods: the articles, goods, material or their parts specified to be supplied under the Contract, and includes the Services (if any).
  • GST: means any form of goods and services tax payable under the GST Law.
  • GST Law: the A New Tax System (Goods and Services Tax) Act 1999 (Cth).Intellectual Property Rights: all current and future registered and unregistered rights (including rights held or acquired from a third person by agreement in the nature of a license or similar) in respect of copyright, circuit layouts, designs, trademarks, know-how, confidential information, patents, inventions, plant breeder’s rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation Convention 1967.
  • New IP: Intellectual Property Rights created in connection with the performance of the Services.
  • Order: the Customer's order for the Goods, as set out in the Customer's order.
  • Services: the services to be performed under or in connection with the Contract, including (as the case requires) any customisation, printing, finishing or preparation of specifications in respect of any Goods.
  • Specification: any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier. 
  1. Supplier: Getecco Pty Ltd (ACN 644 748 032).
  2. Supplier Intellectual Property: the Intellectual Property Rights of the Supplier which are created independently of the Contract.
  3. Warranty Period: has the meaning given in 6.1.
  1. Interpretation: 
    1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 
    2. A reference to a party includes its personal representatives, successors and permitted assigns.
    3. A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
    4. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
    5. A reference to writing or written includes in electronic form, including email.