Terms & Conditions

GENERAL TERMS AND CONDITIONS – DOUBLE IMPACT DISPLAYS PTY LTD

  1. Introduction
    1. These terms and conditions are for customers of Double Impact Displays Pty Ltd ACN 066 720 492 (“DID”). DID provides display and promotional services (Products and Services).
    2. Please read these terms and conditions (the ‘Terms’) carefully. By ordering, collecting, using or agreeing to the installation of any Products and Services, this signifies that you have read, understood and agree to be bound by the Terms.
    3. DID reserves the right to review and change any of these Terms by document at its sole discretion. Any changes to the Terms take immediate effect from the date of the change. We recommend you keep a copy of the Terms for your records.
  2. Acceptance
    1. You are taken to have accepted the Terms by the use of, ordering of or agreeing to the installation or delivery of any Products and Services from DID.
  3. Deposit and Payment
    1. At DID’s sole discretion the costs for any Products and Services (‘Price’) shall be either:
      1. As indicated on invoices provided by DID to you in respect of any Products and Services provided; or
      2. The quoted price provided to you by DID provided that you accept such quotation in writing within fourteen (14) days of the quotation being given to you.
    2. On the first issuing of an invoice by DID, a new customer must prepay the whole of any invoice amount issued by DID.
    3. All Products and Services must be prepaid prior to production unless a 30 days trading account is applied for by you and approved prior to invoicing by DID.
    4. When making any payment in relation the Products and Services, you warrant that you have read, understood, and agree to be bound by these Terms and any agreements that we provide to you for signing.
    5. DID is entitled to charge interest on all amounts invoiced by not paid by the due date for payment as indicated on the invoice and the you undertake to pay any interest charged on unpaid amounts. Such interest shall be calculated on a daily basis from the due date for payment until the date DID receives payment at a rate up to but not exceeding the current statutory pre-judgement interest rate in the State of New South Wales.
  4. Payment Method
    1. Payment for invoices can be made with the following methods:
      1. Invoice payment may be made via direct deposit into DID’s bank account; or
      2. By credit card (Visa and MasterCard only) however a surcharge will be applied to all credit card transactions; or
      3. By any other method nominated by DID and as referenced on the invoice.
    2. You acknowledge and agree that where a request for the payment of the Products and Services is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees, legal costs, and charges, associated with the Products and Services.
  5. Pricing
    1. All prices provide to you by DID in any invoice or quote are inclusive of GST. Unless otherwise specified, any changes, corrections, or additional costs incurred during production or provision of any Products and Services will incur an additional charge.
  6. Supply and Production of Products and Services
    1. DID agrees to begin work on the installation and/or supply of the Products and Services as soon as possible and provide you with an estimated time for finishing any installation or delivery of the Products and Services (‘Completion Date’). You agreed that the Completion Date is an estimate only and can change subject to the following:
      1. You not making a selection or not supplying specific information or details when asked by DID; and
      2. You not having any worksite ready before the installation or delivery of Products and Services.
    2. You agree that Coolworx will not be liable for any cost or delay due to the change in Completion date or for any other delay unless such delay is unreasonably caused by DID.
    3. You acknowledge that DID cannot ensure an exact match in colour or texture between any customer provided artwork for the purpose of the provision of Products and Services (including electronic graphic files or previously printed materials or any other materials supplied by the customer) and the final delivered Products and Services. You acknowledge and accept that there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes.
  7. Subcontracting
    1. You agree that DID can at any point engage subcontractors or to subcontract any or all of its obligations under these Terms. DID will notify you when and if it will engage subcontractors to perform its obligations.
    2. DID will ensure that their personnel and employees have the appropriate qualifications training and experience to deliver the Products and Services in a businesslike manner and that they will conduct themselves diligently with due skill and care.
    3. Even if DID does engage subcontractors or subcontracts any of its obligations under these Terms, DID remains wholly responsible for acts or omissions of the subcontractor.
    4. You may on reasonable grounds notify DID that a member of its team is unacceptable whereupon DID will replace that person within 7 days.
    5. DID is solely responsible for all pay, entitlements and other benefits for their employees.
    6. In providing the Products and Services, DID must ensure that their personnel or employees are trained, hold the appropriate licenses, comply with all laws regulations and your policies as applicable.
  8. Compliance
    1. DID agrees to provide a report indicating that the Products and Services provided to you are compliant with the scope and brief supplied.
    2. You acknowledge and agree that if you do not respond within thirty (30) days from the date of issue of the Compliance Certificate that you acknowledge that the Products and Services are deemed compliant. You further agree to indemnify DID its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Compliance Certificate.
  9. Delivery
    1. DID agrees to ship the Products and Services to you by road or air freight.
    2. Freight costs are charged in the quotation, but additional freight costs may be added due to changing freight arrangements at the sole discretion of DID.
    3. By contracting our services, you give us authority to use any method for handling, transporting, or storing the Products. DID will give priority to any instructions given by you.
    4. Should any unforeseen circumstances arise with respect to freight, DID will contact you as soon as reasonably possible to advise you of the situation.
    5. All freight shipped does not include insurance unless requested and the additional cost will be charge to you if requested.
  10. Delayed or Lost Goods
    1. Should Products be lost or delayed in delivery through no fault of DID, DID will do whatever is reasonably possible to locate the freight and ensure its prompt delivery.
    2. If, however, delivery does not take place by the Completion date at no fault of DID, DID is not liable for any loss, disappointment or inconvenience whatsoever suffered by you.
    3. Further, DID will not be liable for additional freight costs required to be paid to secure delivery of the Products in the event of unforeseen circumstances delaying its delivery. You agree that these costs will be charged to you.
  11. Damaged Goods
    1. DID agrees to package all Products to withstand reasonable handling, transport, and storage. In the event that the Products are damaged by the freight company DID will do all that is reasonably possible to claim the maximum amount of compensation from the freight company and relay that compensation to you.
    2. DID is not liable for any damage caused to the Products unless such damage is caused by the actions or negligence of DID. If the recipient of the merchandise releases the freight company from liability for damage, DID is also released from any liability for any damage caused to the Products.
  12. Title and Intellectual Property
    1. Title to any Products and Services passes from DID to you only on the full and final payment of all amounts owed to DID. Until such time, title in any Products remains with DID and you agree that you are only a bailee of the Products and Services and must be returned to DID on request.
    2. DID retains all rights, title and interest in and to all Intellectual Property in all related Products and Services. Nothing in this agreement will transfer any Intellectual Property from DID to you. DID retains all Intellectual Property and any layouts and artwork created by DID are subject to copyright protection. No part of any layout or artwork created and supplied by DID may be used, reproduced, or disclosed in any form without our written consent and subject to payment in full of applicable fees. For the purpose of this clause, Intellectual Property includes all discoveries and intellectual property rights (including, without limitation, all copyright, designs, trademarks and patents) of any nature in any inventions, designs, works, computer programs, processes created, developed or generated by
    3. DID is not liable for inadvertently infringing a third party’s design and it is the customer’s responsibility to avoid any trademark infringements related to any Products and Services requested. Further you further agree to indemnify DID, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with a breach of Intellectual property law.
  13. Reschedules and Cancellations
    1. Once an order for Products and Services has been accepted by DID, a 50% cancellation fee applies if DID agrees to a request to cancel an order.
    2. All installation reschedules for Products and Services will incur an additional $30 fee for each delivery location.
    3. Onsite cancellation will incur an additional $50 fee for each location.
  14. When you must notify DID
    1. If you are a company or related business entity, you must notify DID at least 14 days prior to any proposed changes of ownership, change in registered particulars, alteration, addition to shareholding or directorship, application for winding up or liquidation and any other change, alteration or addition to the your internal structure.
    2. You must provide DID with full details of the proposed change, alteration or addition. DID may in its absolute discretion require security or additional security as DID in its discretion think fit and shall be entitled to withhold supply of any Products and Services until such security or additional security is provided.
    3. If you do not notify DID of a proposed change, DID may rely on any directors/proprietors’ personal guarantees provided.
  15. Privacy
    1. DID is bound by the Privacy Act and DID agrees to take reasonably steps to ensure that all personal information obtained in connection with the customer will be appropriately collected, stored, used, disclosed and transferred with the Privacy Act 1988 (Cth) (“the Act”).
    2. You acknowledge that the Act allows DID to give a credit reporting agency certain personal information about you.
    3. You acknowledge and agree that DID is entitled to undertake all necessary enquiries, investigations, and assessments to ensure recovery of any outstanding account balance.
  16. Indemnity
    1. You agree to indemnify DID its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Products and Services; and/or
      2. any breach of the Terms by you.
  17. Severability
    1. If any of these Terms is or becomes for any reason wholly or partly invalid, that term shall to the extent of the invalidity to be written down to maintain its intended purpose where permissible by law or severed without prejudice to the continuing force and validity of the remaining terms.
  18. Governing Law
    1. These Terns, and any dispute arising out of, or in connection with it or its subject-matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
  19. Point of Sale
    1. DID, at their sole discretion, may agree to the use Point of Sale material that can be sent by you to DID.
    2. Before any 3rd party Point of Sale material is shipped to DID we must be advised by either email Adrian.rulli@doubleimpact.com.au or phone 02 9999 1322 of the following information:
      1. Estimated Time of Arrival
      2. Weight and dimensions of freight
      3. If palletised, weight and dimensions of pallets

Contact us

If you’d like to maximise the impact of your next event or campaign, or just find out more about how we can help — get in touch, we’d love to chat!