Trading Terms
The following Terms and Conditions (“Conditions”) of trade between Wmedia and its Customers govern all orders for products and services (“goods”) purchased from Wmedia.
Introduction
Notwithstanding whether or not a formal credit application has been signed and returned, the following Terms and Conditions shall be binding on any order or request for the supply goods (“order”) by Wmedia to the Customer. The terms “Customer” shall include individual, sole trader, or company or any of its principals or employees, who place orders. Delivery of goods by Wmedia shall be deemed to be and are subject to agreement by the Customer to these conditions. If these conditions are in conflict with any other conditions whether accompanying quotation, offer or tender, these conditions shall prevail.
Invoice, Title, Credit
Wmedia’s terms of payment are strictly the lesser of the terms provided in specific quotations to the Customer and 30 days from the date of invoice. Specified orders may require full payment in advance or a 50% deposit with order, and the balance payable within a specified number of days from invoice, as specified by the written quotation. Where requested, a completed and approved application form is required to commence trading with Wmedia. Any costs and expenses incurred by Wmedia directly, indirectly, incidentally or otherwise in the collection of overdue accounts will be payable by the Customer. In the event of non-payment Wmedia reserves the right to advise the end user of non-payment. Title of and property in the goods shall at all times remain with Wmedia until the invoice relating to the goods is paid in full. The property in the goods passes to the Customer only after payment in full for the goods dispatched. The risk in the goods passes to the Customer on delivery. The Customer agrees to pay the relevant taxes applicable at that point of time.
Manufactured, Printed and otherwise ‘Decorated’ Stock
Goods are manufactured or decorated to the Customer’s specification and cannot be returned for credit. Production proofs will be supplied for sign off and approval before production commences. Once signed off, all risks in production or decoration are transferred to the Customer unless the goods are not supplied in accordance with the approved production proofs.
Charges & Returns
Freight and handling charges will be incurred based on urgency, destination, volume and weight, unless prior arrangements have been made. Returned goods and credits in respect thereof are only accepted if authorized by Wmedia and subject to Wmedia being notified within 7 days of receipt of goods. Goods ordered in error may be subject to a restocking fee of not less than 20% of invoiced value, where the goods are not decorated. Decorated goods may not be returned unless defective, under the warranty period.
Wmedia’s Limit of Liability
Any liability as a result of, or in connection with the breakage of goods or performance of defective goods is limited to the replacement or the original cost of such goods. Wmedia will not be held responsible for any indirect or consequential losses as a result of late delivery or supply of defective goods as these losses are expressly excluded from any Wmedia liabilities, except as is determined by Australian law.
Customer’s Indemnity
The Customer hereby indemnifies and fully at law releases Wmedia against any loss, damage or expense resulting from any infringement of patents, trademarks & design or any other proprietary rights.
Colours and Samples
Every effort is made to match colours against signed-off proof. Wmedia accepts no responsibility where colour match may differ due to a manufacturing process. If samples are provided at no cost to the Customer for assessment, Wmedia reserves the right to invoice the Customer if the samples are not returned to Wmedia within 30 days of supply, plus freight. By requesting or accepting samples, the Customer accepts this condition of supply.
Warranty
Where warranties are stated in quotations, Wmedia warrants against defects in material and workmanship. This warranty does not cover wear & tear, negligence or suitability of any goods for purpose.
Production
Due to the nature of the business, products are sometimes subject to an over-run or under-run during production. Wmedia reserves the right to short-deliver up to 5% of any order or charge the Customer for up to a maximum of 5% more than the ordered quantity. Wmedia uses many different suppliers and factories. As a result Wmedia reserves the right to refuse any order where Wmedia at its sole discretion, believes that its standards of quality are not achievable. In certain circumstances Wmedia will recommend alternative products to the Customer in order to meet the Customer’s deadlines. Any variation from the original order specifications will, wherever possible, be pre-approved before production is commenced. All orders taken are subject to the availability of the products or materials from suppliers or manufacturers.
Delivery
Unless otherwise specified, any quotation for goods EXCLUDES the cost of freight from Wmedia office or its local suppliers to the Customer. The Customer may request to use their own courier service for delivery of the goods to the Customer. In the absence of such a request, Wmedia will arrange delivery of the goods to the Customer in the most cost effective way, depending on urgency and circumstances. Wmedia will charge this freight cost to the Customer on a cost recovery basis. In some circumstances Wmedia will estimate these costs and where necessary will provide an amended invoices once actual costs are confirmed.
Payment
Wmedia gladly accepts EFT Electronic Funds Transfers directly into Wmedia designated bank account appearing on each invoice, bank or company cheques, or Mastercard, Visa or AMEX Credit Card payments. A 2% bank and administration charge is payable on Mastercard and Visa payments and 3% on AMEX payments.
Other
These terms and conditions are to be used in conjunction with any other terms or offer that are made. All pending deliveries may be suspended at the sole discretion of Wmedia should any of these terms not be met at any time.
Special Note regarding Technology Products
Memory prices are volatile and subject to constant change. Prices will be confirmed within 24 hours of order being placed with Wmedia