TERMS & CONDITIONS
The Box Office Packaging Pty Ltd
ACN 150 008 272
ABN 25 236 066 413
GENERAL TERMS AND CONDITIONS
1. In these terms and conditions (hereinafter, the “Terms”), the following terms shall have the following meanings:
a. “Client” means any purchaser of The Box Office’s services and/or such purchaser’s successor/s, assign/s, agent/s or legal representative/s;
b. “Order” means the electronic order specifying the Products sought to be purchased by the Client;
c. “Products” means such packaging products as may be detailed in any Order from time to time; and
d. “The Box Office” means The Box Office Packaging Pty Ltd and/or its successor/s and assign/s.
2. These Terms apply to every agreement for the sale of Products by The Box Office to the Client. Any terms or conditions of the Client's order and or any other terms whether oral or in writing which deviate from or are inconsistent with these Terms, including specifically any terms or conditions which are stipulated by the Client to prevail over these Terms, are expressly excluded and negated. The completion of any Order by the Client shall constitute acceptance of these Terms. Any agreement between The Box Office and the Client may be executed on behalf of the Client by any agent, officer or employee of the Client and the Client shall be bound by same irrespective of whether any such execution was unauthorised or fraudulent. These Terms may only be varied with the express written consent of The Box Office.
3. The risk in any Products shall pass to the Client when all or part of the Products are loaded for delivery to the Client’s address as specified in the Order whether by carrier employed or engaged by or at the direction of The Box Office or the Client.
4. The Client will pay for all Products and any additional charges in full at the time of making the Order in such manner as required by The Box Office. Delivery of Products shall at all times be subject to confirmation by The Box Office of receipt of payment.
5. Cancellation of any contract between the Client and The Box Office requires approval in writing from The Box Office otherwise the Products will be delivered to the Client and The Box Office will be entitled to full payment from the Client.
6. Acceptance of the Products by the Client shall be deemed for all purposes to have taken place:
(i) where the Client picks up or arranges for the pick up of the Products from The Box Office's premises or such other place as may be designated by The Box Office, upon such pick-up; or
(ii) where The Box Office arranges for delivery to the Client’s address as specified in the Schedule of Order, upon such delivery:
in each case time being of the essence. No Products will be accepted for return unless agreed in writing by The Box Office prior to such return and then only upon conditions acceptable to The Box Office, which may include, specifically, the prior inspection by The Box Office of the Products. The Client acknowledges that wastage levels of around 5% are standard in the packaging production industry and agrees that unless The Box Office determines otherwise in its discretion returns shall not be accepted unless the percentage of defective Products in any delivery exceeds 5%. The return of any Products, if accepted for return by The Box Office, shall be made to such address as may be specified in writing by The Box Office within 7 days of such acceptance and shall be at the Client's entire cost and risk as to loss or damage and provided the Products are and remain sealed in the manner in which they were delivered, or otherwise as permitted by The Box Office. The Box Office's liability in respect of any Products returned in accordance with these Terms or in respect of any breach of any guarantee implied by the Trade Practices Amendment (Australian Consumer Law) Amendment Act 2010 ("Cwlth') (“Act”) (or any equivalent provisions of any State Fair Trading Acts) is limited to the replacement of the Products, the supply of equivalent Products or the refund of the purchase price of the Products on a per unit basis, in the discretion of The Box Office, save that in the event of any such refund The Box Office shall be entitled to retain payment in respect of any design component of its Services and its out of pocket costs and disbursements. In the event of The Box Office being determined by an appropriate court as liable any breach of any agreement between The Box Office and the Client, the remedies of the Client shall be limited to damages which under no circumstances shall exceed the price of the Products delivered under such agreement.
7. Without limiting the generality of Clause 12, if delivery of Products is prevented or delayed, in part or all, by reason of Act of God, or the consequence thereof including, but not limited to fire, flood typhoon, earthquakes or by reason of riots, wars, hostilities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting of goods, ship shortage, ship sinkage, manufacturer's bankruptcy, delays or damage in transportation or other causes beyond The Box Office's control, The Box Office may, in its sole discretion, perform the contract or the unfulfilled portion thereof within a reasonable time from the removal of the cause preventing or delaying performance or rescind unconditionally and without liability, the relevant agreement/s or the unfulfilled portion thereof. Delay in or failure of delivery of any Products shall not entitle the Client to treat any agreement as repudiated.
8. The Box Office may arrange the delivery of the Products by instalments or partial shipment and the Client will accept each such delivery at such times as arranged by The Box Office or on its behalf at the Client’s delivery address as specified in the Order. The Client shall make all arrangements necessary to take delivery of the Products whenever they are tendered for deliver by The Box Office or at its direction. In the event that the Client is unable to take delivery of the Products as arranged then The Box Office shall be entitled to charge a reasonable fee for redelivery.
9. All designs, concepts, artwork, texts, dielines and templates created by The Box Office to feature on or with the Products (hereinafter, the “Relevant Intellectual Property”) shall remain the intellectual property of The Box Office, and all copyright in same shall remain wholly vested in The Box Office. Such Relevant Intellectual Property may only be used by the Client with the consent of The Box Office, which may be withheld or withdrawn in its absolute discretion. The Client may not reproduce or copy in any form or manner whatsoever, or cause to be reproduced or copied in any form or manner whatsoever, any Relevant Intellectual Property in whole or in part, nor may the Client pass any Relevant Intellectual Property on to any third party without the prior written consent of The Box Office. The Client shall indemnify and keep indemnified The Box Office against any claim in respect of any copyright or intellectual property rights arising from any instructions or creative materials or concepts of any kind whatsoever provided or communicated from the Client to The Box Office. The Box Office may at any time in its discretion use any Products or images of any Products or make reference to any Products and/or Services provided to the Client in the marketing and promotion of its business and may authorise others to do same.
10. The Box Office may at any time obtain and/or exchange personal credit information about the Client from and/or with a credit reporting agency so as to enable the assessment of the creditworthiness of the Client. The Client agrees that personal credit information provided may be used and retained by The Box Office in respect of the provision and marketing of the Products and/or Services by The Box Office or its agents; analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Products and/or Services; the processing of any payment instructions and/or direct debit facilities and/or credit facilities requested by the Client; and enabling the collection of amounts owing by the Client to The Box Office.
11. All contracts between The Box Office and the Client shall be governed by the laws of the State of Victoria and the parties shall submit to the exclusive jurisdiction of the courts of the State of Victoria (and any courts which can hear appeals from such courts).
12. If any provision of these Terms or the Order is void, voidable, illegal or unenforceable in accordance with its terms, but would not be void if it were read down and is capable of being read down, such provision will be read down accordingly, save that in any case the remainder of these Terms and the Order shall remain of full legal force and effect.
13. The failure, delay, relaxation or indulgence on the part of The Box Office in exercising any power or right conferred upon The Box Office by these Terms does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of that power or right or the exercise of any other power or right under these Terms.