Total Image Supplies Pty Ltd

ABN 22 600 452 864 | 164 Christmas Street, Fairfield VIC 3078

1.1 "Total Image Supplies" means Total Image Supplies Pty Ltd, its successors and assigns, or any person acting on behalf of and with the authority of Total Image Supplies.

1.2 "Customer" means the person(s) or entity buying the Goods as specified in any invoice, document, order or online checkout, and if there is more than one Customer, is a reference to each Customer jointly and severally.

1.3 "Goods" means all goods or services supplied by Total Image Supplies to the Customer at the Customer’s request from time to time (where the context permits, "Goods" and "Services" are interchangeable).

1.4 "Website" means Total Image Supplies’ online store and any related domains through which the Customer may place orders.

1.5 "Consumer" has the meaning given in the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

2.1 The Customer accepts these terms and conditions by placing an order for, or accepting delivery of, the Goods.

2.2 These terms and conditions may only be amended in accordance with clause 18.6, or by written agreement between the Customer and Total Image Supplies, and prevail over any inconsistent term in another document (including a term in the Customer’s own purchase order, even if provided after these terms) unless Total Image Supplies agrees otherwise in writing.

3.1 An order placed through the Website is an offer by the Customer to purchase the Goods, which Total Image Supplies may accept or decline. A contract is formed only when Total Image Supplies confirms the order (for example, by order confirmation email or dispatch).

3.2 Total Image Supplies takes reasonable care to ensure pricing, descriptions and images on the Website are accurate, but errors can occur. If a pricing or description error is identified before an order is confirmed, Total Image Supplies may cancel the order and will refund any amount paid in full. Nothing in this clause limits the Customer’s rights under the Australian Consumer Law.

3.3 Product images are representative and may vary slightly from the Goods supplied (for example, due to screen display, batch, or minor packaging changes).

3.4 If the Customer is not the card or account holder used to pay for an order, Total Image Supplies may reasonably assume the Customer has the account holder’s permission to use those payment details.

3.5 Total Image Supplies may cancel an order and suspend a Customer’s account if it reasonably believes the Customer has provided false or misleading information or used the Website fraudulently or in breach of these terms.

4.1 The Customer must give Total Image Supplies at least fourteen (14) days’ prior written notice of any proposed change of ownership of the Customer, or any material change in the Customer’s details (including name, address, or contact details). The Customer is liable for any loss reasonably incurred by Total Image Supplies as a direct result of the Customer’s failure to comply with this clause.

5.1 The Price for the Goods is the price stated in the applicable quotation, order confirmation or invoice at the time the order is accepted by Total Image Supplies. A quotation is valid for the period stated in it, or otherwise thirty (30) days.

5.2 If the Customer requests a variation to the scope of an accepted quotation or order (including additional work arising from conditions not reasonably identifiable at the time of quoting), Total Image Supplies may charge for that variation, which will be agreed with the Customer in writing (including by email) before it is carried out, and separately invoiced.

5.3 Total Image Supplies may require a deposit, which will be specified in the relevant quotation or order confirmation and, once paid, is non-refundable except as required by law or where Total Image Supplies fails to deliver the Goods.

5.4 Payment is due on the date specified in the applicable invoice or order confirmation. Where no date is specified, payment is due seven (7) days from the date of the invoice, or, for an approved trade credit account, in accordance with the payment terms agreed for that account.

5.5 Payment may be made by cash, cheque (cleared funds required before delivery), bank transfer, electronic/online banking, or another method agreed with Total Image Supplies. Orders placed through the Website may be paid by credit or debit card. Credit and debit card payment is not available for Customers purchasing on an approved trade credit account, who must pay by one of the other methods above in accordance with their account terms. Total Image Supplies does not impose a surcharge on card payments where surcharging is prohibited by applicable law or card scheme rules.

5.6 Unless stated otherwise, the Price excludes GST. The Customer must pay any GST payable by Total Image Supplies on a supply under these terms at the same time as the Price, without deduction or set-off, together with any other applicable taxes or duties not already included in the Price.

5.7 Total Image Supplies may allocate a payment received from the Customer to any invoice it determines, and may reallocate a previous payment if the Customer defaults. In the absence of a specific allocation, a payment is taken to be allocated in the manner that best preserves Total Image Supplies’ purchase money security interest (as defined in the PPSA) in the Goods.

6.1 Delivery occurs when: (a) the Customer or their nominated carrier takes possession of the Goods at Total Image Supplies’ premises; or (b) Total Image Supplies (or its nominated carrier) delivers the Goods to the Customer’s nominated address.

6.2 Unless otherwise agreed, delivery costs are additional to the Price and will be disclosed to the Customer before the order is confirmed.

6.3 The Customer must take delivery when the Goods are tendered. If the Customer cannot take delivery as arranged, Total Image Supplies may charge a reasonable fee for redelivery and/or storage, calculated on a genuine cost-recovery basis.

6.4 Total Image Supplies may deliver the Goods in instalments, each to be invoiced and paid for separately in accordance with these terms.

6.5 Any date given for delivery is an estimate only. Total Image Supplies will take reasonable steps to meet estimated delivery dates and is not liable for reasonable delay outside its control, without limiting the Customer’s rights under the Australian Consumer Law.

7.1 Risk in the Goods passes to the Customer on delivery under clause 6.1, except that where the Customer is a Consumer purchasing via the Website and Total Image Supplies arranges the carrier, risk remains with Total Image Supplies until the Goods are received by the Customer, unless the Customer has chosen their own carrier.

7.2 The Customer should insure the Goods from the time risk passes to them.

7.3 If the Customer asks Total Image Supplies to leave Goods for collection at an unattended location, the Goods are left at the Customer’s risk from that point.

8.1 Ownership of the Goods does not pass to the Customer until Total Image Supplies has received payment in full of all amounts owing for those Goods.

8.2 Payment by a method other than cash is not treated as received until it has cleared.

8.3 Until ownership passes:

(a) the Customer holds the Goods as bailee and must return them to Total Image Supplies on request;

(b) the Customer holds the benefit of any insurance over the Goods on trust for Total Image Supplies to the extent of the amount owing, and must pay any insurance proceeds relating to loss or damage of the Goods to Total Image Supplies to that extent;

(c) the Customer may sell or use the Goods only in the ordinary course of its business and for market value, and must hold the proceeds of any such dealing on trust for Total Image Supplies to the extent of the amount owing, paying or delivering those proceeds to Total Image Supplies on demand;

(d) if the Customer processes or intermixes the Goods with other goods, the Customer holds the resulting product on trust for Total Image Supplies to the extent of the amount owing;

(e) Total Image Supplies (or its representative) may enter premises where it reasonably believes the Goods are kept, during reasonable hours and on reasonable notice (except where the Customer is in default or the Goods are at risk of dissipation), to recover the Goods;

(f) Total Image Supplies may recover Goods in transit, whether or not delivery has occurred;

(g) the Customer must not grant any security interest or other encumbrance over the Goods while Total Image Supplies retains ownership; and

(h) Total Image Supplies may bring proceedings to recover the Price whether or not ownership has passed.

9.1 In this clause, "financing statement," "financing change statement," "security agreement" and "security interest" have the meanings given in the PPSA.

9.2 By accepting these terms, the Customer acknowledges that they constitute a security agreement for the purposes of the PPSA and create a security interest in the Goods supplied by Total Image Supplies, to secure payment of all amounts owing.

9.3 The Customer will promptly provide information and sign documents reasonably required by Total Image Supplies to register, maintain or correct a financing statement or financing change statement on the Personal Property Securities Register, and will not register a financing statement over the Goods in favour of a third party without Total Image Supplies’ prior written consent.

9.4 The Customer must reimburse Total Image Supplies’ reasonable costs of registering or releasing a financing statement in connection with these terms.

9.5 To the extent permitted by law, and subject to clause 9.6, the Customer agrees that sections 96, 115 and 125 of the PPSA do not apply, and waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4), and its rights under sections 142 and 143, of the PPSA.

9.6 Clause 9.5 does not apply, and the rights described are not waived, to the extent the Goods are collateral used by the Customer wholly or predominantly for personal, domestic or household purposes, or where the law does not permit such a waiver.

10.1 The Customer should inspect the Goods on delivery and notify Total Image Supplies in writing of any evident defect, damage, shortage, or failure to match the description or quote within seven (7) days of delivery, where reasonably practicable, and of any other defect as soon as reasonably possible after it becomes evident. Total Image Supplies may inspect the Goods following such notification. This notification period is an administrative requirement only and does not limit any rights or remedies the Customer may have under the Australian Consumer Law or any other law that cannot be excluded.

10.2 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to a replacement or refund, and compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

10.3 Nothing in these terms restricts, limits or modifies the Customer’s rights under the Non-Excluded Guarantees (the consumer guarantees under the Australian Consumer Law, and any other statutory rights that cannot lawfully be excluded).

10.4 Except for the Non-Excluded Guarantees, and any express warranty stated in a warranty card or document provided to the Customer, Total Image Supplies gives no other warranty as to the Goods.

10.5 Where the Customer is a Consumer and section 64A of the Australian Consumer Law permits Total Image Supplies to limit its liability for failure to comply with a consumer guarantee, Total Image Supplies’ liability is limited, at Total Image Supplies’ option, to the remedies permitted by section 64A. For goods, this may include replacement of the Goods or supply of equivalent goods, repair of the Goods, or payment of the cost of replacement or repair. For services, this may include supplying the services again or paying the cost of having the services supplied again. This clause does not apply where it would be unfair or unreasonable for Total Image Supplies to rely on the limitation, or where liability cannot lawfully be limited.

10.6 Subject to the Customer’s rights under the Non-Excluded Guarantees, where Total Image Supplies agrees that Goods are defective, it will provide the remedy required by law. Where the Customer is entitled to return Goods under the Australian Consumer Law, Total Image Supplies will bear any return or collection costs that the law requires it to bear. Nothing in this clause requires the Customer to pay a significant cost of returning defective Goods where the law places that cost on Total Image Supplies.

10.7 Total Image Supplies is not liable for a defect or damage caused or contributed to by: the Customer failing to properly store or maintain the Goods; use of the Goods for a purpose other than that for which they are designed; continued use after a defect became, or should reasonably have become, apparent; failure to follow instructions provided by Total Image Supplies; or fair wear and tear, accident, or an event beyond Total Image Supplies’ reasonable control — except to the extent this would exclude a Non-Excluded Guarantee.

10.8 For second-hand Goods, where the Customer is not a Consumer, the Customer acknowledges it has had the opportunity to inspect the Goods before delivery and accepts them as inspected; no warranty is given as to quality or fitness for purpose beyond the Non-Excluded Guarantees, and the Price has been calculated accordingly.

10.9 Total Image Supplies may, at its discretion, accept the return of non-defective Goods, and may charge a handling fee of up to fifteen percent (15%) of the value of the returned Goods plus freight costs.

10.10 Where the law requires Total Image Supplies to accept a return in circumstances not otherwise covered by this clause, Total Image Supplies will do so on the terms required by that law.

11.1 Copyright in any design, drawing or document created by Total Image Supplies for the Customer remains the property of Total Image Supplies unless otherwise agreed in writing.

11.2 The Customer warrants that any design, specification or instruction it provides to Total Image Supplies does not infringe a third party’s intellectual property rights, and indemnifies Total Image Supplies against any claim arising from such an infringement, to the extent the claim arises from the Customer’s design, specification or instruction.

11.3 Total Image Supplies may use, at no cost, any design, drawing or document it created for the Customer for its own marketing purposes, unless the Customer notifies Total Image Supplies in writing that it does not consent, or the material contains the Customer’s confidential or trade mark-protected material.

12.1 Interest accrues daily on overdue invoices from the due date until payment, at one and a half percent (1.5%) per calendar month, simple interest.

12.2 If the Customer is in default, the Customer must reimburse Total Image Supplies’ reasonable costs and disbursements actually and reasonably incurred in recovering the debt, including reasonable external collection or legal costs, but excluding Total Image Supplies’ own internal administrative costs.

12.3 Without limiting its other remedies, if the Customer breaches any obligation under these terms (including a payment obligation), Total Image Supplies may suspend or terminate supply of Goods to the Customer on reasonable written notice, except where the breach is not capable of remedy.

12.4 Total Image Supplies may cancel any unfulfilled part of an order, and all amounts owing become immediately payable, if: a payment becomes overdue and is not remedied within a reasonable period after notice; the Customer becomes insolvent, enters an arrangement with creditors, or has a receiver, administrator or liquidator appointed.

12.5 If a payment to Total Image Supplies is later reversed or charged back other than due to Total Image Supplies’ error, and the reversal arose from the Customer’s fraud or breach of these terms, the Customer remains liable for the reversed amount plus Total Image Supplies’ reasonable costs of recovering it.

13.1 Total Image Supplies may cancel an order before delivery where it has a reasonable and genuine commercial basis to do so, including unavailability of stock, a material pricing or description error, suspected fraud, or the Customer’s material default. Total Image Supplies will give the Customer notice and refund any amount already paid for the cancelled Goods. Nothing in this clause limits any right or remedy the Customer has under the Australian Consumer Law or another law that cannot be excluded.

13.2 If the Customer cancels an order, the Customer is liable for Total Image Supplies’ reasonable direct costs already incurred in fulfilling that order up to the date of cancellation (such as materials committed or work performed), but not for indirect or consequential loss, including loss of profit, except in relation to Goods described in clause 13.3.

13.3 An order for Goods made to the Customer’s specifications, or non-stocklist items, cannot be cancelled once production has commenced or the order has been placed with Total Image Supplies’ supplier, and clause 13.2 does not limit the Customer’s liability for such an order.

14.1 Total Image Supplies collects, holds, uses and discloses personal information in accordance with its Privacy Policy, available on the Website, and the Australian Privacy Principles under the Privacy Act 1988 (Cth).

14.2 If Total Image Supplies experiences a data breach likely to result in serious harm to the Customer, it will notify affected individuals and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme.

14.3 Where a Customer applies for a trade credit account, the Customer consents to Total Image Supplies contacting the trade referees nominated in the application to verify payment history, for the purpose of assessing and managing the account. Total Image Supplies does not use a credit reporting body for this purpose. Full detail is set out in Total Image Supplies’ Privacy Policy.

15.1 Where the Customer has left an item with Total Image Supplies for repair, modification or another service, and any money owing to Total Image Supplies for that item remains unpaid, Total Image Supplies has a lien on the item, and the right to retain or sell it in accordance with applicable law governing the sale or disposal of uncollected goods, until the amount owing is paid.

15.2 This lien continues despite the commencement of proceedings, or a judgment, for the amount owing.

16.1 Where the Customer enters into these terms as trustee of a trust, the Customer’s obligations extend to its right of indemnity against the trust, and the Customer must not do anything that would prejudice that right of indemnity without Total Image Supplies’ prior written consent (not to be unreasonably withheld).

17.1 A written notice under these terms may be given by hand, by post to the recipient’s last known address, or by email to the recipient’s last known email address, and is taken to be received when delivered, or, if posted, in the ordinary course of post.

18.1 Before starting court proceedings (except for urgent interlocutory relief, or to recover an undisputed debt), a party must give the other written notice of a dispute, and the parties must attempt to resolve it in good faith, including by mediation if requested, before pursuing other remedies.

18.2 A failure by Total Image Supplies to enforce a provision of these terms is not a waiver of that provision. If a provision is invalid or unenforceable, the remaining provisions continue in effect.

18.3 These terms, and any contract to which they apply, are governed by the laws of Victoria, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

18.4 Subject to clause 10 and to the maximum extent permitted by law, Total Image Supplies is not liable for indirect or consequential loss arising from a breach of these terms. Nothing in these terms excludes, restricts or modifies liability or rights that cannot lawfully be excluded, restricted or modified, including liability arising under the Non-Excluded Guarantees. To the extent permitted by law, Total Image Supplies’ aggregate liability arising from a particular supply is otherwise limited to the Price paid or payable for the Goods or Services giving rise to the claim.

18.5 The Customer must not set off or withhold payment of an undisputed amount because part of an invoice is genuinely in dispute; the parties will act reasonably and promptly to resolve any disputed amount.

18.6 Total Image Supplies may update these terms from time to time. Any change will be notified to the Customer (for example, by posting an updated version on the Website with the date of the change, or by direct notice for an existing account customer) and will apply to orders placed on or after the date the change takes effect. A change does not apply retrospectively to an order already accepted.

18.7 Total Image Supplies may subcontract its obligations under these terms, and may assign its rights, provided this does not materially reduce the Customer’s rights under these terms.

18.8 Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including act of God, war, terrorism, strike, industrial action, fire, flood, storm, pandemic, government action, or significant supply chain or cyber disruption, provided the affected party notifies the other and takes reasonable steps to mitigate the impact.

18.9 The Customer warrants that it has the power and all necessary authorisation to enter into this agreement, is not insolvent, and that this agreement creates binding and valid legal obligations on it.

19.1 The Website is provided for lawful use in connection with Total Image Supplies’ business, products and services. The Customer must not use the Website in a way that breaches any applicable law, infringes another person’s rights, interferes with the Website or its security, or adversely affects another user.

19.2 The Customer must not knowingly introduce viruses, malware or other harmful code; attempt to gain unauthorised access to the Website, its systems or connected networks; circumvent security measures; or use automated tools to scrape, harvest or extract Website content or personal information except with Total Image Supplies’ prior written consent or as otherwise permitted by law.

19.3 The Website may contain links to, or integrations with, third-party websites, platforms or services. Total Image Supplies does not control those third parties and is not responsible for their content, availability, security or privacy practices. The Customer should review the applicable third-party terms and privacy policies before using those services.

19.4 Total Image Supplies takes reasonable steps to keep the Website available and accurate but does not guarantee uninterrupted or error-free access. The Website may be temporarily unavailable for maintenance, technical issues or circumstances beyond Total Image Supplies’ reasonable control. Nothing in this clause limits any right or remedy that cannot lawfully be excluded.

19.5 Unless otherwise stated, the Website and its content, including text, graphics, logos, product information, photographs and other materials created by or for Total Image Supplies, are owned by or licensed to Total Image Supplies. Website content may be viewed and used for legitimate purchasing and business purposes but must not be reproduced, republished or commercially exploited without permission, except as permitted by law.

19.6 Where the Website allows a Customer to submit a review, comment, image or other content, the Customer warrants that the content is lawful, accurate to the best of their knowledge, and does not infringe another person’s rights. The Customer grants Total Image Supplies a non-exclusive licence to display and use that content for the purpose for which it was submitted and for reasonable promotion of Total Image Supplies, subject to applicable privacy law.