Real Kulture Pty Ltd – Terms and Conditions of Sale
1. Agreement Overview
This Agreement applies to every sale made by Real Kulture Pty Ltd unless otherwise agreed in writing.
1.1 Quotations
- Quotations are valid for 14 days from the date of issue.
- Quotations are not an offer to sell; orders placed in response to quotations are not binding until accepted by Real Kulture.
- This Agreement is accepted once the Customer places an order and Real Kulture confirms it in writing or begins to provide goods or services.
2. Pricing
2.1 GST and Delivery
- Prices include GST or need GST added as specified.
- Delivery costs are included unless otherwise stated.
2.2 Price Adjustments
- Prices may vary due to production cost changes. Real Kulture will notify the Customer if any such variation occurs after the order is accepted.
3. Turnaround Time
- Average turnaround time for print jobs is 3-5 working days, though some jobs may take longer depending on complexity.
- The Customer must clearly communicate any deadlines to Real Kulture when placing the order.
4. Payment Terms
4.1 Pre-Payment
- Payment in full is required before the commencement of any print work unless otherwise agreed by Real Kulture.
4.2 Non-Payment Consequences
If the Customer does not pay on time:
- Interest will be charged at the prevailing rate plus 4% from the due date until payment is received.
- Real Kulture reserves the right to suspend or cease further supply of goods or services.
- Legal costs associated with recovering unpaid amounts will be charged to the Customer.
5. Ownership of Goods
- Ownership of goods remains with Real Kulture until full payment is received.
- Real Kulture may repossess goods in case of non-payment, even if they have been attached to other items or premises.
6. Security Interests
- Real Kulture holds a Purchase Money Security Interest (PMSI) over all goods supplied, until payment is made in full.
- Real Kulture reserves the right to register its interest under the Personal Property Securities Act (PPSA).
7. Delivery and Delays
- Delivery dates provided are estimates only; Real Kulture will not be liable for any loss or damage due to delivery delays.
- If Real Kulture cannot fulfil an order due to circumstances beyond its control, it may cancel the order and notify the Customer.
8. Returns and Exchanges
- Goods are produced according to the Customer’s specifications; returns or exchanges are only accepted for defective items.
- The Customer must notify Real Kulture of any defects or issues within 7 business days of delivery.
8.1 Colour and Quantity Variations
- Real Kulture strives to meet industry colour standards but cannot guarantee exact colour matching due to differences in materials and processes. Minor colour variations are considered acceptable.
- Quantity variations of up to 10% are possible, and adjustments in pricing will not be made unless the variation exceeds 10%.
8.2 Artwork Corrections
- Prices quoted are based on print-ready artwork. Any necessary artwork corrections will incur additional charges, subject to the Customer’s approval.
8.3 Proof Approval
- If a hard copy proof is not requested, Real Kulture will produce prints according to ISO-certified colour standards and will not be liable for colour differences within these standards.
9. Intellectual Property
- All intellectual property and materials provided by Real Kulture remain its exclusive property.
- The Customer grants Real Kulture a licence to use the Customer’s materials to fulfil the order, but the Customer warrants that these materials do not infringe on any third-party intellectual property rights.
10. Liability
- Real Kulture’s liability is limited to replacing or re-supplying goods or services where a defect is present.
- Real Kulture is not liable for any indirect or consequential damages, such as loss of business or profits.
11. Privacy Obligations
- Real Kulture complies with the Privacy Act 1988. Any personal information collected will be handled in accordance with the Act.
12. Termination
- Real Kulture may terminate this Agreement immediately if the Customer fails to meet its payment obligations or breaches the terms and does not rectify it within 7 days.
13. Governing Law
This Agreement is governed by the laws of the state or territory in Australia where Real Kulture operates, and any disputes will be handled in accordance with these laws.
Need help?
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