These Terms and Conditions of Sale apply to all Goods and Services from time to time provided by Us (“The Sign Doctor”) to the purch
those goods (“the Buyer”).
In the event that other terms and conditions are imported into any contractual documentation between Us and the Buyer then,
specifically authorised in writing by Us, these Terms and Conditions of Sale shall prevail.
Ordering
Buyers are strongly recommended to place orders in writing. Orders should clearly state the Buyer’s particular requirements. The Sign Doctor will not be responsible for errors or omissions due to oversight or to misinterpretation of the Buyer’s verbal instructions.
Quotations are only for work according to original specifications. If through the Buyer’s error, or omission, work has to be redone or alterations or additions to specifications are required, then The Sign Doctor may make an additional charge. In the event that an order is cancelled or suspended by the Buyer, then The Sign Doctor may immediately require the Buyer to pay for work done to the date of cancellation or suspension.
A quotation, unless previously withdrawn, is valid only for 30 days from the date it is given, unless otherwise specifically stated in the quotation form. Following this a new quotation will be required for any goods or services ordered.
The Sign Doctor reserves the right not to undertake any work which in its opinion is or may be unlawful, offensive, or otherwise inappropriate.
Where expedited delivery is requested by the Buyer, then an extra charge may be added to the quoted price.
Prices
The prices of goods or services supplied are as shown on The Sign Doctor’s quotation, acceptance order, invoice, or other documents. The Sign Doctor reserves the right to charge for delivery, in addition to the amount shown in the quotation, acceptance of order, or other document. In addition installation, vinyl and paint removal charges, which may in the first instance be an estimate based on information supplied at the time of quotation, may be adjusted to reflect the full cost incurred once these aspects have been completed.
Permit fees, drawing and engineer’s calculations, and other additional charges necessarily incurred to fill an order, are in addition to the quoted price. Quotations do not include the cost of primary wiring. If primary wiring is required, then a separate quote will be given for that part of the work.
Because of the need to have a sign dimensionally balanced The Sign Doctor reserves the right to make minor alterations to the size of the sign. Also where materials are not available for any reason The Sign Doctor reserves the right to substitute materials of a similar specification.
Experimental work, preliminary sketches and designs and origination costs produced at the Buyer’s request will constitute an order, which will be charged for, even if the job does not proceed further. Sketches and prototypes submitted on a speculative basis shall remain the property of The Sign Doctor, and no use of them shall be made, nor shall any idea obtained from them be used by the Buyer. Upon the Buyer making appropriate payment to The Sign Doctor, property in these items shall pass to the Buyer. Charges made to the Buyer for initial setting up or origination do not give the Buyer any rights to dies, jigs, screens, patterns, films, or any other mediums containing such works. These shall at all time remain the property of The Sign Doctor, unless otherwise specifically agreed in writing.
Quoted prices are based on the cost of materials, labour, and services as at the date of the quotation. Should there be any increase in these costs, as are necessarily incurred by The Sign Doctor in completing the order, then such increases may, at The Sign Doctor’s sole discretion, be added to the quoted price, payable at the same time, and in the same manner as the balance of the quoted price.
Payment Terms
The Sign Doctor’s standard terms of payment are seven (7) days from date of invoice. If payment is not made by the due date, then The Sign Doctor is entitled to charge an additional fee of up to $500+GST for administration. The Buyer will in addition be liable to pay all expenses and costs (including debt collection and legal costs as between solicitor and client) in relation to the recovery of any overdue amount, or of any other remedy sought by The Sign Doctor, whether or not such action is successful. Should The Sign Doctor’s bankers dishonour a Buyer’s cheque, then the Buyer agrees to pay to The Sign Doctor, on each and every occasion, a $40.00 administration charge.
Progress payments may be required where work is completed over an extended period of time. After work has been in hand for one month or more, a progress payment of up to 75% of the value of the work completed may be requested. Further progress payments calculated on the same basis may be required to be paid on a monthly basis, until completion of the work.
On non payment of accounts over 30 days, The Sign Doctor reserves the right to remove any or all supplied and installed signage until payment is made in full. In the event of installation only of third party signage, The Sign Doctor reserves the right to remove any or all such installed signage until payment is made in full. Any damage to the signage resulting from the removal of such signage shall be at the expense of the customer. Furthermore The Sign Doctor reserves the right to claim from the customer all costs incurred by The Sign Doctor for the removal of such signage as well as re-installation costs.
Risk And Title
Risk in goods will pass to the Buyer immediately upon delivery. The Sign Doctor will not be responsible for loss or damage to goods in transit, and the Buyer is required to insure goods against loss or other risks immediately following despatch.
Where the Buyer supplies plans, specifications, plant, goods or materials of any kind these shall be held by The Sign Doctor at the Buyer’s risk. Whilst all care will be taken by The Sign Doctor, no responsibility is accepted for any damage to materials during such time, and The Sign Doctor reserves the right to dispose of materials if they are not collected by the Buyer within one calendar month after the work is completed.
Notwithstanding the above title in the goods will not pass to the Buyer until payment in full by the Buyer of all goods and services from time to time supplied by The Sign Doctor to the Buyer.
Warranty / Indemnity
Whilst all care and attention is undertaken by The Sign Doctor to deliver and/or install goods of the highest quality, and to ensure that all components (including vinyl, inks, media, paints and other materials) are purchased from reputable manufacturers, The Sign Doctor does not guarantee the manufacture of such items. Where any defect or alleged defect is beyond the ability of The Sign Doctor to control quality, The Sign Doctor has no liability. Any defects due to faulty workmanship must be notified within 7 days after delivery. Any such defects will, at the discretion of The Sign Doctor, be repaired or replaced free of charge.
Notwithstanding any other provision herein the total liability of The Sign Doctor will at all times be limited to replacing goods or materials or workmanship which are defective to the value received by The Sign Doctor under the relevant contract. No claim for consequential losses or damages of any kind will apply.
The Buyer will indemnify and hold harmless The Sign Doctor against any losses, liabilities, costs or actions suffered or incurred as a consequence of any third party claiming that work undertaken by The Sign Doctor is offensive or illegal, in breach of any intellectual property right, or other right which such third party may have.
Termination
If the Buyer is at any time in default of any of its obligations, covenants or agreements under these Terms and Conditions of Sale, then The Sign Doctor may, by notice in writing to the Buyer, terminate any contract.
In such event the Buyer shall be liable to pay for the cost of any work (including preliminary work) undertaken at that time. Such cost shall be payable as a debt due immediately upon demand.
General
Applicable Law/Unenforceability
The law applying to any contract arising between The Sign Doctor and the Buyer shall be the law of Queensland, Australia and any mediation, legal or court proceedings shall be held in geographical region of Hervey Bay.
In the event that any provision contained in these Terms and Conditions, or in any other collateral agreement or document between The Sign Doctor and the Buyer is deemed illegal or unenforceable, then such provision shall be deemed to be excluded therefrom, but only to the extent required to remedy the illegality or unenforceability, and these terms and conditions, and such collateral document shall in all other respects apply in accordance with their stated terms.
Assignment
The Sign Doctor is entitled at any time to assign to any other party all or any part of a debt which is owing to The Sign Doctor.
The Sign Doctor may also assign or sub-contract any part of the work which is to be performed under any contract.
In respect of such assignment (in either case) the assignee shall be entitled to the full rights of The Sign Doctor previously applying.
Set-Off
The Sign Doctor (or any such assignee) shall be entitled to set off against any monies which may be or may be alleged to be owing to the Buyer, the amount of any debt incurred or payable by the Buyer to The Sign Doctor, or to such assignee.
Waiver
All rights, powers and entitlements of The Sign Doctor at law in respect of any contract shall remain in full force, notwithstanding any neglect, forbearance, delay, or waiver by The Sign Doctor in enforcing them.
In the event that The Sign Doctor waives or is deemed to have waived any condition, then unless such waiver is in writing and signed by the director of The Sign Doctor, no such waiver shall be accepted. If accepted, such waiver shall apply only to the extent that it is specifically given, and shall not be deemed to affect any other dealing or matter between the Buyer and The Sign Doctor.
Authority to Sign
The person signing any quotation on behalf of the Buyer acknowledges that they have authority to bind the Buyer.
In the event that, due to alleged deficiency in such authority, the Buyer is not liable then the person signing will be personally liable for payment of the debt arising.
Intellectual Property Rights
Unless it is specifically agreed in writing to the contrary The Sign Doctor retains all intellectual property rights, including copyright, patents, registered designs, or protection of confidential information in respect of any works undertaken by The Sign Doctor for the Buyer.
The Buyer will at all times keep The Sign Doctor advised of any infringement or potential infringement by a third party of The Sign Doctor’ intellectual property rights.
The Buyer will also immediately advise The Sign Doctor of any alleged infringement by The Sign Doctor of a third party’s intellectual property rights. The Buyer will indemnify and hold harmless The Sign Doctor against any losses, costs, actions or liabilities suffered or incurred as a consequence of such infringement or alleged infringement.
Right of Variation
The Sign Doctor reserves the right at any time to vary these Terms and Conditions of Sale, by notification to its customers.
Disputes
In the event of any dispute arising between The Sign Doctor and the Buyer, such dispute shall in the first instance be referred to mediation for resolution.
In the event that resolution by such manner is not achieved to the satisfaction of both parties within 30 days of referral to mediation, then either party may take legal action to resolve the dispute.
Nothing in this clause prevents The Sign Doctor from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
