The Company shall mean Guru Corporation Pty Ltd through any or all of its operating divisions including its Related Bodies Corporate, employees, agents and assigns. The Customer shall mean the addressee of this documentation, quotation or order form including its Related Bodies Corporate, employees, agents and assigns. Goods shall mean all goods (including services) supplied to the Customer by the Company. Purpose shall mean all things in connection with the provision of the Goods by the Company to the Customer, including but not limited to printing, coating, cutting, finishing, slitting, rewinding, counting, collating, stacking, and manual manipulation and handling.
The Customer acknowledges that these conditions shall prevail over all conditions of the Customer’s order to the extent of any inconsistency.
These conditions shall be governed by the law of the State of New South Wales, and the parties hereby submit to the jurisdiction of the courts of New South Wales for the resolution of any dispute in relation to these conditions of sale.
Unless otherwise stated in writing, the Company's tender or quotation will be valid for 30 days from quotation date. Where the costs of Goods increases within this 30 day period through circumstances beyond the Company's control, the Customer agrees to re-negotiate the terms of the quotation in good faith. The Company assumes no responsibility or liability for any errors or omissions with respect to its range of products, services or overall advice and the Customer acknowledges and agrees that it will make all enquiries necessary to ensure that the products and/or services the subject of the quotation are fit for the Purpose for which the Customer requires them.
GST will be charged, where applicable, at the ruling rate as set down by the Australian Taxation Office.
The Company will ship goods using our nominated courier StarTrack Express or another carrier at our discretion where we believe we can get a better result. Every shipment will automatically trigger a notification of dispatch advice from the Company containing full shipping details for the Purpose of tracking finished Goods. Availability of stock will be subject to the Company's receipt of materials and/or supplier's conditions from the Company’s supplier(s). Every endeavour will be made by the Company to dispatch the Goods by the time specified in the quotation or order but no liability is accepted by the Company in respect of dispatch or delivery delay beyond the control of the Company . The Customer agrees that the Company shall not be held liable for consequential damages arising out of late delivery or non-delivery of any kind arising from the conduct of any third party delivery service(s).
Unless otherwise negotiated, the Customer acknowledges and agrees that the Company will not accept cancellation of an order once it has been officially placed by way of either Customer signature or online lodgement.
Goods to be returned to the Company, for any reason whatsoever, must have prior arrangement accepted in writing by the Company. Claims must be made within thirty (30) days of delivery of Goods. Unless such prior arrangements are made, the Company will not accept responsibility or liability for Goods returned, unless such obligation is imposed by law.
The parties each acknowledge that the unauthorised copying of a whole or a substantial part of any photographs and/or artwork may breach the Australian Copyright Act 1968 (Cth).
The Customer warrants that it has the right to use applicable trademarks which may be incorporated in the Goods.
The Customer warrants that any information provided by the Customer to the Company for the Purpose of the Goods is true and correct.
Where a party is liable under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, at its option, to:
The Customer agrees that, to the fullest extent permitted by applicable law, the Company will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
The above disclaimers and limitations on liability do not exclude, modify or limit any rights, which by law may not be excluded, modified or limited, including but not limited to the Customer’s rights under the Australian Consumer Law.
The Company reserves the following rights in relation to the Goods in the case of Customer default pursuant to 'Payments of Accounts' provision as outlined below:
If the Goods are resold, or products manufactured using the Goods are sold by the Customer, the Customer shall hold such part of the proceeds of any such sale as the invoice price of the Goods sold or used in the manufacture of the Goods sold in a separate identifiable account as the beneficial property of the Company and shall pay such amount to the Company upon request. Notwithstanding the provisions above the Company shall be entitled to maintain an action against the Customer for the purchase price and the risk of the Goods shall pass to the Customer upon delivery.
The Customer gives permission for the Company to:
Last Updated 6th December 2021.