Terms of trade

1. Who we are

Proof & Print is a trading name of John Charles Williams, ABN 14 299 695 746, Gold Coast, Queensland (“we”, “us”). These terms apply to every quote, order and package you buy from us.

2. Quotes and prices

• Prices are in Australian dollars and include GST. Published prices include delivery to one metro address in Sydney, Melbourne, Brisbane, Gold Coast, Adelaide or Canberra.
• Written quotes are valid for 30 days unless the quote says otherwise. We may re-quote if the specification, artwork or quantity changes.
• The minimum order is $150 inc GST.
• Delivery to other addresses is quoted before you pay.

3. Orders and payment

• An order is accepted when you pay (by card through our payment provider, or by bank transfer) or, for approved account clients, when you approve a written quote.
• Approved accounts pay within the agreed terms, [14] days from the invoice date unless agreed otherwise.
• The design-direction session fee is credited against an order over $1,500 placed within [60] days.
• The sample box fee is credited against your first order placed within [90] days.

4. Artwork and proofs

• You are responsible for having the right to use any artwork, logos, images and text you supply, and for the accuracy of the content you supply.
• We check every proof against our published proof checklist. Nothing is printed until you approve the proof in writing or through our proof approval page.
• Approving a proof confirms the content and layout. If we fail to catch an error that is on our checklist, we will reprint the affected items at our cost.

5. Colour and materials

Printed colour can vary slightly between screens, stocks, finishes and print runs. Brand-critical colours should be matched with our brand colour match service. Natural variation within normal industry tolerances is not a defect. [Lawyer to confirm tolerance wording.]

6. Production and delivery

• Lead times start once the proof is approved and payment (or account approval) is received. Delivery dates we give are estimates unless we confirm a date in writing for priority turnaround.
• Quantities may vary by up to [2]% over or under on large runs, which is normal in print; we will tell you if a shortfall is expected. [Lawyer to review.]
• Please check deliveries promptly and tell us as soon as you can if anything is damaged, missing or wrong.

7. Cancellations and changes

You can cancel at no cost before you approve a proof, except for work already done (for example artwork setup or a design-direction session). After proof approval, production may have started and costs incurred to that point are payable.

8. Your rights under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Our proof-check reprint promise is in addition to these rights. [Lawyer to confirm warranty-against-defects wording and contact details required by the Competition and Consumer Regulations.]

9. Liability

[Lawyer to draft: limitation of liability to the extent permitted by law, consistent with the ACL and unfair contract terms rules for small business contracts.]

10. Privacy

We handle personal information as described in our privacy policy.

11. Governing law

These terms are governed by the laws of [State], Australia.