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Insight - Experience - Integrity

McTaggarts The Printers: a family business with 40 years of experience, Australian owned and operated.

Terms & Conditions

Terms & Conditions

1. Definitions

1.1 “Seller” shall mean McTaggarts owners: The Chameleon Group.

1.2 “Client” shall mean the Client or any person acting on behalf of and with the

authority of the Client.

1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be

liable for the debts of the Client on a principal debtor basis.

1.4 “Goods” shall mean Goods supplied by the Seller to the Client (and where the

context so permits shall include any supply of Services as hereinafter defined).

1.5 “Services” shall mean all services supplied by the Seller to the Client and includes

any advice or recommendations (and where the context so permits shall include

any supply of Goods as defined supra).

1.6 “Price” shall mean the cost of the Goods as agreed between the Seller and the

Client subject to clause 4 of this contract.

2. Acceptance

2.1 Any instructions received by the Seller from the Client for the supply of Goods

and/or the Client’s acceptance of Goods supplied by the Seller shall constitute

acceptance of the terms and conditions contained herein.

2.2 Where more than one Client has entered into this agreement, the Client’s shall be

jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Client the terms and

conditions are irrevocable and can only be rescinded in accordance with these

terms and conditions or with the written consent of the manager of the Seller.

2.4 None of the Seller’s agents or representatives are authorised to make any

representations, statements, conditions or agreements not expressed by the

manager of the Seller in writing nor is the Seller bound by any such unauthorised

statements.

2.5 The Client undertakes to give the Seller not less than fourteen (14) days prior

written notice of any proposed change in the Client’s name and/or any other

change in the Client’s details (including but not limited to, changes in the Client’s

address, facsimile number, or business practice).

3. Goods

3.1 The Goods are as described on the invoices, quotation, work authorisation or any

other work commencement forms as provided by the Seller to the Client.

4. Price And Payment

4.1 At the Seller’s sole discretion the Price shall be either;

(a) as indicated on invoices provided by the Seller to the Client in respect

(b) the Seller’s quoted Price (subject to clause 4.2) which shall be binding

upon the Seller provided that the Client shall accept in writing the Seller’s

quotation within thirty (30) days.

4.2 Any variation from the plan of scheduled works or specifications will be charged

for on the basis of the Seller’s quotation and will be shown as variations on the

invoice. Payment for all variations must be made in full at their time of

completion.

4.3 At the Seller’s sole discretion a deposit may be required. The deposit amount or

percentage of the Price will be stipulated at the time of the order of the Goods and

shall become immediately due and payable.

4.4 Time for payment for the Goods shall be of the essence and will be stated on the

invoice, quotation or any other order forms. If no time is stated then payment

shall be on delivery of the Goods.

4.5 The Seller may withhold delivery of the Goods until the Client has paid for them,

in which event payment shall be made before the delivery date.

4.6 At the Seller’s sole discretion, payment for approved Clients shall be made

4.7 At the Seller’s sole discretion, for certain approved Clients payment will be due

fourteen (14) days following the date of the invoice.

4.8 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by

credit card, or by direct credit, or by any other method as agreed to between the

Client and the Seller.

4.9 The Price shall be increased by the amount of any GST and other taxes and duties

which may be applicable, except to the extent that such taxes are expressly

included in any quotation given by the Seller.

5. Delivery Of Goods / Services

5.1 Delivery of the Goods shall be made to the Client’s address. The Client shall

make all arrangements necessary to take delivery of the Goods whenever they are

tendered for delivery, or delivery of the Goods shall be made to the Client at the

Seller’s address.

5.2 Delivery of the Goods to a carrier, either named by the Client or failing such

naming to a carrier at the discretion of the Seller for the purpose of transmission to

the Client, is deemed to be a delivery of the Goods to the Client.

5.3 The costs of carriage and any insurance which the Client reasonably directs the

Seller to incur shall be reimbursed by the Client (without any set-off or other

withholding whatever) and shall be due on the date for payment of the Price. The

carrier shall be deemed to be the Client’s agent.

5.4 The Seller may deliver the Goods by separate instalments (in accordance with the

agreed delivery schedule). Each separate instalment shall be invoiced and paid for

in accordance with the provisions in this contract of sale.

5.5 Delivery of the Goods to a third party nominated by the Client is deemed to be

delivery to the Client for the purposes of this agreement.

5.6 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 10%, and

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

5.7 The failure of the Seller to deliver shall not entitle either party to treat this contract

as repudiated.

5.8 The Seller shall not be liable for any loss or damage whatever due to failure by the

Seller to deliver the Goods (or any of them) promptly or at all.

6. Risk

6.1 If the Seller retains property in the Goods nonetheless, all risk for the Goods

passes to the Client on delivery.

6.2 If any of the Goods are damaged or destroyed prior to property in them passing to

the Client, the Seller is entitled, without prejudice to any of its other rights or

remedies under these Terms and Conditions of Trade (including the right to

receive payment of the balance of the Price for the Goods), to receive all insurance

proceeds payable for the Goods. This applies whether or not the Price has become

payable under the Contract. The production of these terms and conditions by the

Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds

without the need for any person dealing with the Seller to make further enquiries.

7. Client’s Disclaimer

7.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue

for damages or to claim restitution arising out of any misrepresentation made to

him by any servant or agent of the Seller and the Client acknowledges that he buys

the Goods relying solely upon his own skill and judgement and that the Seller

shall not be bound by nor responsible for any term, condition, representation or

warranty other than the warranty given by the Manufacturer which warranty shall

be personal to the Client and shall not be transferable to any subsequent Client.

8. Defect/Returns

8.1 The Client shall inspect the Goods on delivery and shall within twenty-four (24)

hours of delivery notify the Seller of any alleged defect, shortage in quantity,

damage or failure to comply with the description or quote. The Client shall afford

the Seller an opportunity to inspect the Goods within a reasonable time following

delivery if the Client believes the Goods are defective in any way. If the Client

shall fail to comply with these provisions, the Goods shall be conclusively

presumed to be in accordance with the terms and conditions and free from any

defect or damage.

8.2 For defective Goods, which the Seller has agreed in writing that the Client is

entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion)

replacing the Goods or repairing the Goods provided that:

(a) the Client has complied with the provisions of clause 8.1;

(b) the Goods are returned at the Client’s cost within twenty-four (24) hours of

the delivery date;

(c) the Seller will not be liable for Goods which have not been stored or used

in a proper manner;

(d) the Goods are returned in the condition in which they were delivered.

8.3 Whilst every care is taken by the Seller to carry out the instructions of the Client,

it is the Clients responsibility to undertake a final proof reading of the Goods. The

Seller shall be under no liability whatever for any errors not corrected by the

Client in the final proof reading. Should the Clients alterations require additional

proofs this shall be invoiced as an extra.

8.4 When style, type or layout is left to the Sellers judgement, then the Client makes

further alterations to the copy this will be invoiced as an extra.

9. Electronic Media

9.1 All discs, tapes, compact discs or other media (excluding media supplied by the

Client) used by the Seller to store data for the purposes of completing the Goods

are property of the Seller. The purpose of storage is not to supply the Client with

such data in the event of a problem. In the event that the Seller does supply data

to the Client, the Seller may charge a fee for doing so.

9.2 The Seller shall not be responsible for storing any data on discs, tapes, compact

discs or other media once the Goods have been completed. If the Seller agrees to

store such data then the Seller may charge a fee for doing so.

10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

10.1 Nothing in this agreement is intended to have the effect of contracting out of any

applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair

Trading Acts in each of the States and Territories of Australia, except to the extent

permitted by those Acts where applicable.

11. Intellectual Property

11.1 Where the Seller has designed or drawn Goods for the Client, then the copyright

in those designs and drawings shall remain vested in the Seller, and shall only be

used by the Client at the Seller’s discretion.

11.2 Conversely, in such a situation, where the Client has supplied drawings, the Seller

in its sale conditions may look for an indemnity (the specifications and design of

the Goods (including the copyright, design right or other intellectual property in

them) shall as between the parties be the property of the Seller).

11.3 Where any designs or specifications have been supplied by the Client for

manufacture, by or to the order of the Seller then the Client warrants that the use

of those designs or specifications for the manufacture, processing, assembly or

supply of the Goods shall not infringe the rights of any third party.

11.4 The Client warrants that all designs or instructions to the Seller will not cause the

Seller to infringe any patent, registered design or trademark in the execution of the

Client’s order.

12. Default & Consequences Of Default

12.1 Interest on overdue invoices shall accrue from the date when payment becomes

due daily until the date of payment at a rate of 2.5% compounding per calendar

month and shall accrue at such a rate after as well as before any judgement.

12.2 If the Client defaults in payment of any invoice when due, the Client shall

indemnify the Seller from and against all the Seller’s costs and disbursements

including on a solicitor and own client basis and in addition all of the Seller’s

nominees costs of collection.

12.3 Without prejudice to any other remedies the Seller may have, if at any time the

Client is in breach of any obligation (including those relating to payment), the

Seller may suspend or terminate the supply of Goods to the Client and any of its

other obligations under the terms and conditions. The Seller will not be liable to

the Client for any loss or damage the Client suffers because the Seller exercised its

rights under this clause.

12.4 If any account remains unpaid at the end of the second month after supply of the

goods or services an immediate amount of the greater of $20.00 or 10.00% of the

amount overdue shall be levied for administration fees which sum shall become

immediately due and payable.

12.5 In the event that:

(a) any money payable to the Seller becomes overdue, or in the Seller’s

opinion the Client will be unable to meet its payments as they fall due; or

(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;

then without prejudice to the Seller’s other remedies at law

(i) the Seller shall be entitled to cancel all or any part of any order of the

Client which remains unperformed in addition to and without prejudice to

any other remedies; and

(ii) all amounts owing to the Seller shall, whether or not due for payment,

immediately become payable in addition to the interest payable under

clause 12.1 hereof.

13. Title

13.1 It is the intention of the seller and agreed by the Client that property in the Goods

shall not pass until:

(a) The Client has paid all amounts owing for the particular Goods, and

(b) The Client has met all other obligations due by the Client to the Seller in

respect of all contracts between the Seller and the Client, and that the

Goods shall be kept separate until the Seller shall have received payment

and all other obligations of the Client are met.

13.2 It is further agreed that:

(a) Until such time as ownership of the Goods shall pass from the Seller to the

Client the Seller may give notice in writing to the Client to return the

Goods or any of them to the Seller. Upon such notice the rights of the

Client to obtain ownership or any other interest in the Goods shall cease.

(b) If the Client fails to return the Goods to the Seller then the Seller or the

Seller’s agent may enter upon and into land and premises owned, occupied

or used by the Client, or any premises as the invitee of the Client, where

the Goods are situated and take possession of the Goods, without being

responsible for any damage thereby caused.

(c) The Client is only a bailee of the Goods and until such time as the Seller

has received payment in full for the Goods then the Client shall hold any

proceeds from the sale or disposal of the Goods in trust for the Seller.

(d) The Client shall not deal with the money of the Seller in any way which

may be adverse to the Seller.

(e) Receipt by the Seller 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 and until then the Seller’s ownership of rights in

respect of the Goods shall continue.

(f) The Client shall not charge the Goods in any way nor grant nor otherwise

give any interest in the Goods while they remain the property of the Seller.

(g) The Seller may require payment of the Price or the balance of the Price due

together with any other amounts due from the Client to the Seller arising

out of these terms and conditions, and the Seller may take any lawful steps

to require payment of the amounts due and the Price.

(h) The Seller can issue proceedings to recover the Price of the Goods sold

notwithstanding that ownership of the Goods may not have passed to the

Client.

(i) Until such time the Client has the Seller’s authority to convert the Goods

into other products and if the goods are so converted, the parties agree that

the Seller will be the owner of the end products.

14. Security And Charge

14.1 Despite anything to the contrary contained herein or any other rights which the

Seller may have howsoever:

(a) Where the Client and/or the Guarantor (if any) is the owner of land, realty

or any other asset capable of being charged, both the Client and/or the

Guarantor agree to mortgage and/or charge all of their joint and/or several

interest in the said land, realty or any other asset to the Seller or the Seller’s

nominee to secure all amounts and other monetary obligations payable

under the terms and conditions. The Client and/or the Guarantor

acknowledge and agree that the Seller (or the Seller’s nominee) shall be

entitled to lodge where appropriate a caveat, which caveat shall be released

once all payments and other monetary obligations payable hereunder have

been met.

(b) Should the Seller elect to proceed in any manner in accordance with this

clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify

the seller from and against all the Seller’s costs and disbursements

including legal costs on a solicitor and own client basis.

(c) To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof

the Client and/or the Guarantor (if any) do hereby irrevocably nominate

constitute and appoint the Seller or the Seller’s nominee as the Client’s

and/or Guarantor’s true and lawful attorney to execute mortgages and

charges (whether registerable or not) including such other terms and

conditions as the Seller and/or the Seller’s nominee shall think fit in

his/her/its/their absolute discretion against the joint and/or several interest

of the Client and/or the Guarantor in any land, realty or asset in favour of

the Seller and in the Client’s and/or Guarantor’s name as may be necessary

to secure the said Client’s and/or Guarantor’s obligations and indebtedness

to the Seller and further to do and perform all necessary and other acts

including instituting any necessary legal proceedings, and further to

execute all or any documents in the Seller’s absolute discretion which may

be necessary or advantageous to give effect to the provisions of this clause.

15. Cancellation

15.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at

any time before the Goods are delivered by giving written notice. The Seller shall

not be liable for any loss or damage whatever arising from such cancellation.

15.2 At the Sellers sole discretion the Client may cancel delivery of the Goods. In the

event that the Client cancels delivery of the Goods the Client shall be liable for

any costs incurred by the Seller up to the time of cancellation.

15.3 In the case of periodicals published weekly or more frequently, the Client must

give a minimum of four (4) weeks notice of any intention to cancel delivery of the

Goods.

15.4 In the case of periodicals published fortnightly or more frequently (but less

frequently then weekly), the Client must give a minimum of eight (8) weeks

notice of any intention to cancel delivery of the Goods.

15.5 In the case of periodicals published less frequently than fortnightly, the Client

must give a minimum of thirteen (13) weeks notice of any intention to cancel

delivery of the Goods.

16. Privacy Act 1988

16.1 The Client and/or the Guarantor/s agree for the Seller to obtain from a creditreporting

agency a credit report containing personal credit information about the

Client and Guarantor/s in relation to credit provided by the Seller.

16.2 The Client and/or the Guarantor/s agree that the Seller may exchange information

about Client and Guarantor/s with those credit providers named in the Application

for Credit account or named in a consumer credit report issued by a reporting

agency for the following purposes:

(a) To assess an application by Client;

(b) To notify other credit providers of a default by the Client;

(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

(d) To assess the credit worthiness of Client and/or Guarantor/s.

16.3 The Client consents to the Seller being given a consumer credit report to collect

overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

16.4 The Client agrees that Personal Data provided may be used and retained by the

Seller for the following purposes and for other purposes as shall be agreed

between the Client and Seller or required by law from time to time:

(a) provision of Services & Goods;

(b) marketing of Services and/or Goods by the Seller, its agents or distributors

in relation to the Services and Goods;

(c) analysing, verifying and/or checking the Client’s credit, payment and/or

status in relation to provision of Services/Goods;

(d) processing of any payment instructions, direct debit facilities and/or credit

facilities requested by Client; and

(e) enabling the daily operation of Client’s account and/or the collection of

amounts outstanding in the Client’s account in relation to the Services and

Goods.

16.5 The Seller may give, information about the Client to a credit reporting agency for

the following purposes:

(a) to obtain a consumer credit report about the Client; and or

(b) allow the credit reporting agency to create or maintain a credit information

file containing information about the Client.

17. Unpaid Seller’s Rights To Dispose Of Goods

17.1 In the event that:

(a) the Seller retains possession or control of the Goods; and

(b) payment of the Price is due to the Seller; and

(c) the Seller has made demand in writing of the Client for payment of the

Price in terms of this contract; and

(d) the Seller has not received the Price of the Goods,

then, whether the property in the Goods has passed to the Client or has remained

with the Seller, the Seller may dispose of the Goods and may claim from the

Client the loss to the Seller on such disposal.

18. Lien & Stoppage in Transit

18.1 Where the Seller has not received or been tendered the whole of the price, or the

payment has been dishonoured, the Seller shall have:

(a) a lien on the goods;

(b) the right to retain them for the price while the Seller is in possession of

them;

(c) a right of stopping the goods in transit whether or not delivery has been

made or ownership has passed; and

(d) a right of resale,

(e) the foregoing right of disposal,

provided that the lien of the Seller shall continue despite the commencement of

proceedings or judgement for the price having been obtained.

19. General

19.1 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.

19.2 All Goods supplied by the Seller are subject to the laws of Queensland and the

Seller takes no responsibility for changes in the law which affect the Goods

supplied.

19.3 The Seller shall be under no liability whatever to the Client for any indirect loss

and/or expense (including loss of profit) suffered by the Client arising out of a

breach by the Seller of these terms and conditions.

19.4 In the event of any breach of this contract by the Seller the remedies of the Client

shall be limited to damages. Under no circumstances shall the liability of the

Seller exceed the Price of the Goods.

19.5 The Client shall not set off against the Price amounts due from the Seller.

19.6 The Seller may license or sub-contract all or any part of its rights and obligations

without the Client’s consent.

19.7 The Seller reserves the right to review these terms and conditions at any time and

from time to time. If, following any such review, there is to be any change in such

terms and conditions, that change will take effect from the date on which the seller

notifies the Client of such change.

19.8 Neither party shall be liable for any default due to any act of God, war, terrorism,

strike, lock out, industrial action, fire, flood,