1. The Buyer shall be responsible for testing and determining the suitability of the material for the purpose for which it’s intended to be used.
2. All warranties and representations not set out herein are hereby excluded to the extent permitted by Law and all liability of Star Stuff Graphic Pty Ltd (the company) for damages consequential or otherwise is excluded. To the extent that the Company may be liable for a breach of condition or warranty implied by Section of the Trade Practices Act, 1974 (other than a condition or warranty implied by Section 69 of the Act), the liability of the Company shall be limited to the replacement of the material concerned, the supply of the equivalent material or the repair of the material, whichever is determined by it.
3. The Buyer shall inspect the material immediately upon delivery and no claims will be recognised unless made in writing and received by the Company within seven (7) days after receipt of the material of the Buyer.
4. Freight must be paid at customer’s expense unless otherwise arranged.
5. Until the Buyer has paid monies owed to the Company then ownership of all material supplied by the Company to the Buyer under this contract or otherwise remains with the Company and the Buyer:
(a) Shall hold any such material in its possession or that of its employees or agents, as bailee of the Seller.
(b) Shall in the event that any of the material is sold by the Buyer then such a sale shall be as an agent for the Company and shall pay them to the proceeds of sale on behalf of the Company and shall pay them to the Company on request and any agreement by the Company to extend credit to the Buyer or any other indulgence shall not affect the Buyer’s liability to account to the Seller as aforesaid or the ownership of the material by the Company.
(c) Shall if the Company so requires, agree to store the material so as to show clearly that it is the Company’s property and shall keep the material fully insured at its own expense and shall hold the proceeds of any insurance claim in respect to the material (to the extent of the Buyer’s indebtedness to the Company) in trust for the Company.
(d) Upon any default by it in payment of any amount due to the Company, irrevocably authorises the Company by its servants or agents to enter any premises, owned, leased or otherwise occupied by the Buyer, any agent or associate of the Buyer for the purpose of taking possession of the material and hereby authorises the Company by its servants or agents to use all reasonable force to obtain such possession.
Not withstanding anything in this clause, risk in the material passes to the Buyer upon delivery of the material by the Company to the Buyer, its employees or agents.
6. The material has been supplied on the basis that these conditions form part of the sale. If the Buyer does not accept these conditions he shall return the material to the Company at the expense of the Buyer within seven (7) days after the delivery to the Buyer an if should fail to do so, these conditions shall be deemed to have been accepted by him.
7. Materials used in the production of Self-Adhesive and Printed Products are used and sold by us as their manufacturer supplies them to us. Therefore, as we have no control over the quality or suitability of the product or substrate, we suggest you run thorough tests before using the product, as we accept NO RESPONSIBILITY whatsoever regarding any aspect of the suitability, appearance, or functionality of Printed or Self Adhesive Products.