These are the terms — written so you can actually read them. Plain English, no legalese. If anything's unclear, ring us and we'll talk it through before you order.
§ 01Who we are.
Phoenix Packaging Pty Ltd (ABN 11 612 233 833) is an Australian packaging design, printing and manufacturing business based at 2/6 Hereford St, Berkeley Vale NSW 2261. In these terms 'we', 'us' and 'our' mean Phoenix Packaging Pty Ltd, and 'you' means the person or business placing an order or enquiring with us.
§ 02These terms and acceptance.
These terms apply to every quote we give and every order you place with us, unless we've agreed something different with you in writing. When you accept a quote, approve a proof, or place an order — by email, phone, in person or through our website — you're agreeing to these terms.
If we've signed a separate supply agreement with you, that agreement takes priority over these terms wherever the two differ. Nothing in these terms limits any rights you have under the Australian Consumer Law that cannot be excluded.
§ 03Quotes and pricing.
We're happy to quote on anything from a single box to a full production run. A few things to know about our quotes:
- Quotes are valid for 30 days from the date we issue them, unless we state otherwise. After that, material costs and lead times may have changed, so we may need to re-quote.
- Prices are quoted exclusive of GST unless we say otherwise. GST is added at the rate set by law and shown on your invoice.
- Quotes are based on the specifications you give us — sizes, board grade, print, quantities and delivery point. If any of those change, the price may change.
- Freight and delivery are quoted separately unless we've included them, and may vary with the delivery address and order size.
§ 04Orders and custom artwork.
Custom and printed packaging is made to order specifically for you. That means a few things matter more than they would for off-the-shelf goods:
- You're responsible for approving proofs and artwork. Before we run a printed or custom job we'll send you a proof. Please check it carefully — dimensions, spelling, colours, barcodes, logos and layout. Once you approve a proof in writing, we manufacture to that approved version.
- Made-to-order goods are produced on approval. Production only starts once you've approved the proof and (where applicable) we've received your deposit or order confirmation.
- Minor variation is normal. Small variations in colour, board, sizing and quantity (within standard manufacturing tolerances) are part of the printing and packaging process and aren't considered faults.
- Changes after approval may incur additional cost and affect lead time, and may not be possible once a job is in production.
§ 05Payment terms.
Unless we've agreed account terms with you in writing:
- New customers and one-off orders are payable before delivery or collection, or as set out on your quote or invoice.
- Custom and large orders may require a deposit before production begins, with the balance payable before despatch.
- Approved account customers are invoiced on the terms shown on their invoice (for example, payment within an agreed number of days).
- Overdue accounts may have further work or supply placed on hold until the account is brought up to date, and we may recover reasonable costs of collection.
Title to goods stays with us until we've received payment in full. Risk in the goods passes to you on delivery or collection (see below).
§ 06Delivery and pickup.
We manufacture and despatch from our factory at Berkeley Vale on the Central Coast, NSW. You're welcome to collect your order from us, or we can arrange delivery.
- Delivery estimates are estimates, not guarantees. We do our best to meet the lead times and delivery dates we quote, but they depend on production schedules, materials and third-party couriers, and aren't guaranteed.
- Risk passes to you on delivery or collection. Once your goods are delivered to your nominated address, or collected by you or your carrier, responsibility for them passes to you.
- Please check your order on arrival. Let us know about any shortage, damage in transit or obvious fault promptly so we can sort it out quickly.
- Delivery details are your responsibility. Please make sure the delivery address and any access or site requirements are correct when you order.
§ 07Returns, faults and your rights.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Where those guarantees apply, you're entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You're also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure isn't a major failure. Nothing in these terms limits those rights.
- Faulty or incorrect goods. If goods are faulty, damaged on arrival, or not what you ordered, contact us promptly. We'll work with you to put it right — typically by repairing, replacing or refunding the affected goods.
- Custom-made goods. Because custom, printed and made-to-order packaging is produced specifically for you to your approved proof, it generally can't be returned or refunded for change of mind, ordering the wrong quantity, or an error in artwork you approved. Your Australian Consumer Law rights for faulty goods still apply.
- Stock cartons. Returns of unused, undamaged stock items may be possible by prior arrangement and may be subject to a restocking charge. Please contact us first.
§ 08Intellectual property.
When you supply us with artwork, logos, text, designs or other materials to put on your packaging, you confirm that you own them or have permission to use them, and that we may use them to produce your order. You agree that we're not responsible for any claim that your supplied materials infringe someone else's rights, and you'll cover us for any such claim arising from materials you provided.
Any designs, dielines, tooling or artwork we create for you remain our intellectual property unless we agree otherwise in writing, though you're free to keep ordering the packaging we made for you.
§ 09Limitation of liability.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that can't lawfully be excluded.
To the extent permitted by law, where our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited (at our option) to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so. To the extent permitted by law, we're not liable for any indirect or consequential loss, loss of profits, or loss of business, however it arises.
§ 10Governing law.
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.
§ 11How to contact us.
If you have a question about these terms, a quote, or an order:
- Phone02 4372 1555 (Mon–Fri)
- Emailsales@phoenixpackaging.com.au
- MailPhoenix Packaging Pty Ltd, 2/6 Hereford St, Berkeley Vale NSW 2261
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