Terms and Conditions


JT Designs Tasmania Pty Ltd (JT Designs) will perform the services and provide the deliverable
(jointly the ‘services’) as set out in the attached estimate (quotation) to the
company or person specified in the estimate (‘you’ or ‘your’) and in accordance
with the estimate and these terms and conditions (jointly the ‘terms’).

 

1.    Payments

All jobs and services over $1000.00 require a 50% deposit.

All payments are due on completion, unless otherwise organised prior to
acceptance of the job.

All invoices not paid by the due date will incur a 10% fee, before going
to collections services.

 

2.       Artwork

Any artwork quotes allow for a set amount of alteration time to the
artwork, you will be notified if you have exceeded the quoted artwork period so
that we can adjust your quote to allow for more artwork alterations if needed.

If you have not been quoted on artwork time, you will be invoiced for
the amount of artwork time that has been allocated to your designs.

3.       Services

3.1   JT Designs will provide the services
with due care and skill, and in compliance with all applicable laws and
regulations.

 

4.       Payment

4.1   You must pay to JT Designs any
amounts specified in the estimate at the times set out in the estimate upon
receipt of an invoice from JT Designs. In the absence of a specified time for
payment in the estimate, you must make all payments within on the delivery day
of the relevant estimate, and any additional charges applicable such as more
materials required,

extra labour for unforeseen circumstances, freight charges or ‘no
show/cancellation charges’ – all pricing supplied is an approximate estimate
unless given in an official quote format.

4.2   All amounts are exclusive of any
applicable GST or other taxes, unless otherwise stated.

 

5.       Risk and Title

5.1   The risk in any deliverable the subject
of the services passes to you once any of those deliverables are delivered to
your premises.

5.2   Not withstanding that the risk in
those deliverables may have passed to you, title and property in those
deliverables shall remain with JT Designs until JT Designs is paid in full for
all the deliverables the subject of the relevant services.

5.3   In accepting the estimate, you agree
that these terms create a purchase money security interest (as defined in the
personal properties security act 2009 (Cth) in the deliverables the subject of
the services as commercial property. You must agree to sign any documents,
provide all information and do anything required by us to ensure that the
security is a perfected purchase money security interest. In this regard, you
waive your right under that act to receive a copy of any verification statement
or financing charge statement.

5.4   You must do all things required by
JT Designs, including providing access to the relevant premises, in the event
that JT Designs wishes to retrieve its property.

5.5   You agree that you bear all risk
associated with any permits that may be required to perform the services
including council and or heritage requirements.

 

6.       Estimate

6.1   You must comply with all of your
obligations set out in the estimate at your cost, including obtaining all
relevant statutory or other approvals required for the provision of the
services to you.

6.2   You must provide JT Designs with any
information that it reasonably requires to provide the services. JT Designs is
entitled to rely on the accuracy and completeness of any information provided
by you, and you are responsible for any losses, costs or damages suffered or
incurred by JT Designs as a result of such reliance. You waive any right you
may otherwise have, whether under these Terms or otherwise at law, to make any
claim against JT Designs that arises in any way, directly or indirectly, as a
consequence of JT Designs’ reliance upon any information supplied by you.

6.3   You must provide JT Designs with
timely access to all material, personnel and premises as reasonably required by
JT Designs from time to time to provide the services. Failure to do so may
impact on JT Designs provision of the services, and JT Designs will not be
responsible for any consequences resulting from your failure to do so.

6.4   You warrant that any information you
provide will at all times comply with applicable laws and regulations.

6.5   The estimate covers the supply,
installation, services and/or design as specified in the estimate. Unless
specifically stated otherwise in the estimate:

(a)    Auxiliary works such as platforms,
structural support, primary power supply, preventative maintenance is excluded,
and you are responsible for any such costs, if applicable:

(b)    Any requirements or costs arising
from special/ latent site conditions are excluded, and you are responsible for
any such requirements or costs arising from or relating to such conditions:

(c)     The estimate does not include any
site- specific allowances of any kind and you are responsible for such costs,
if applicable; and

(d)    JT Designs will provide the services
on business days (Monday to Friday excluding public holidays in the location at
which the services are provided) and between 8.30am to 5pm (in the place the
services are provided), although JT Designs may provide the services outside
these times at your cost, and unless stated on estimate.

(e)    Any goods, services, deliverables or
other matters not specifically addressed in the estimate are excluded from the estimate.

 

7.       Warranty and Defects Liability period

7.1 Vehicle wraps: Any liability or warranty will
be assessed individually per vehicle, JT Designs are not liable for any unknown
integrity issues with the vehicles history, paint work, paints application and
clear/top coat, we cannot warrant vinyl applied to poor paint work, damaged or
failing clear coat, which can be unforeseen at the time of assessing the vehicle.

7.2 Aftercare of vehicle wraps: Any liability or
warranty will be assessed individually per vehicle, JT Designs are not liable
for the failure of wraps that have been improperly cared for, such as not being
garaged and exposed to extreme high and low temperatures, using pressure
washers or automatic car washes, using products not designed for vinyl care
such as cut and polishes.

7.3 JT Designs will not be liable for or warrant
any signage that leaves the premises and is not transported or installed by JT Designs.

7.4 JT Designs will warrant its installation on mechanical
and fixings for up to 5 years (pro-rata), but will not be held liable or cover
under warranty any installations that have failed due to the fixtures deterioration
or the buildings and fixtures integrity being compromised by elements beyond our
knowledge or control, such as weather, pre-existing damage and interference,
included but not limited to severe and damaging weather.

7.5 Print and fade warranty only applies to
laminated, rigid (permanent) signage for up to 2 years, JT Designs cannot be
held liable for rigid signage failing within this period that has been
improperly cared for, such as left in direct sunlight for extended periods, or
exposed to corrosive solvents.

JT Designs reserves the right to assess each warranty
claim on a case-by-case basis, if determined that the improper care or outside
interference has caused the resulting issue, this will void any warranties that
may have been applicable to you.

8. Liability

8.1 JT Designs will use all reasonable endeavours to
comply with the delivery requirements set out in the estimate (or as otherwise
agreed). However, JT Designs is not responsible for late delivery of services, unless
a specific agreement is in place detailing the extent of the liability.

8.2 Any rights, remedies, liabilities, conditions,
warranties, standards or specifications which apply to or in respect of these
terms under or by virtue of the Australian consumer law in the competition and
consumer act 2010, or any other commonwealth, state or territory legislation, and
which cannot be excluded from these terms is deemed to apply to these terms. 

8.3 To the extent permitted by law and Australian
consumer law, neither party (nor their respective employees, contractors) is
responsible to any third party for any loss of profits, lost savings, revenue, contracts,
good will, or any other consequential, indirect or exemplary damages, costs, expenses
or losses suffered or incurred by the other party or any third party.

8.4 To the extent permitted by law, including Australian
consumer law, to the extent that JT Designs has any other liability to you, this
will be limited in aggregate to the value of all payments made by you pursuant
to the estimate or these terms in relation to the services.

8.5 To the extent permitted by law, JT Designs liability
in contract, tort, negligence, under statute or otherwise under or in
connection with the terms will be reduced to the extent, if any, to which you, or
persons for whom you are responsible, caused or contributed to the loss or
damage. You must use all reasonable endeavours to mitigate any loss.

9 Web Development

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9.2

9.3

9.4

9.5

10. No Show and Cancellation policy

10.1 No Show: If a vehicle is booked in for
signage and does not show up at the specified date and time a no show fee will
be charged to cover the costs of lost labour time on that day, this fee will
then be applied for each day thereafter if the vehicle does not arrive or
organise another installation date.

If the company or owner does not
make contact and the vehicle is never supplied, the job will be cancelled and
you will incur a charge for the materials used in manufacture, the manufacture
time of the wrap or vinyl graphics, the artwork and design time and lost labour time.

10.2 Cancellations: If a vehicle is booked
in for signage and cancels without appropriate notice before the specified date
and time of a booking, a cancellation fee will be charged to cover the costs of
lost labour time if applicable, this fee will then be applied for each day
thereafter if the client does not give appropriate notice or organise another installation date.

If the company or owner does not
make contact and the vehicle is never re-booked, the job will be cancelled and
you will incur a charge for the materials used in manufacture, the manufacture
time of the wrap or vinyl graphics, the artwork and design time and lost labour time.

‘Appropriate notice’ is defined
by the stages of design and manufacture, if cancelled before manufacturing has
begun, you will only incur charges for the artwork and design time, if the
services are cancelled after manufacture has begun, you will incur the
additional charges for the manufacture and labour times, as a well as the cost of materials used.

10.3 JT Designs reserve the right to extend
manufacture and installation times, if a vehicle is not supplied to us by the
specified date and time, therefore extending the estimated installation time,
and the time that we may need to finish the services to your vehicle.

Unusual circumstances can
extend manufacture and installation times, due to material delays, unforeseen
vehicle conditions, extreme weather conditions that cause interruptions to
power, or extreme heat/cold temperatures that will affect the vinyl
application, as well as other exigencies – you will be advised of any possible
delays to the estimated installation completion.

11. Variations

11.1 variations to these terms or the
estimate must be in writing or verbally agreed upon in person or via phone
conversation. JT Designs will not be bound to complete requests for variations
unless they have been the subject of a written agreement, and the costs have
been agreed prior to the commencement of such variation.

11.2 You acknowledge and agree that
agreed variations may extend the delivery schedule set out in the estimate.