Terms & Conditions

All Orders given to Booth Signs (Aust.) Pty Ltd (hereafter Booth Signs), ABN 12 051 627 162 are subject to the following Terms and Conditions:
1. Definitions and Interpretations
1.1 In these Terms and Conditions:
“Delivery Address” means the delivery address of the Customer stated in an Order;
“Contract” means the contract resulting from the acceptance by Booth Signs of an Order in accordance with clause 2.3;
“Credit Application Form” means Booth Signs credit application form by which a Customer can apply for credit account with Booth Signs in respect of the sale of Goods;
“Customer” means any person who enters into a Contract with Booth Signs for the sale and purchase of Goods;
“Delivery Time” means the time of delivery of the Goods either to the Delivery Address of the Customer or to the carrier of the Customer;
“GST” means any amount paid or payable under any GST law as that expression is defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Loss” means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental;
“Order” means an order placed with Booth Signs for the sale and delivery of Goods;
“Order Confirmation” means a written confirmation of the Order by Booth Signs that may be in the form of an invoice provided to the Customer by email or delivered to the Customer upon delivery of the Goods;
“Price” means the price for the Goods specified in the Order Confirmation, or the price set out in any specific quotations by Booth Signs for the supply of Goods at a particular price, which quotation shall be open for acceptance within the period stated in a quotation or if no period is stated, within 30 days after the date of a quotation;
“Goods” means the goods supplied or to be supplied by Booth Signs to the Customer from time to time pursuant to the Contract;
“Terms and Conditions” means these terms and conditions as amended from time to time by Booth Signs
1.2 In these Terms and Conditions (including defined terms), unless the context otherwise requires:
(a) The singular includes the plural and vice versa and each gender includes each other gender;
(b) Headings are included for convenience only and do not affect the interpretation of these Terms and Conditions.
2. Formation of Contract of Sale of Goods
2.1 These Terms and Conditions supersede all previous terms and conditions imposed by Booth Signs and may only be varied in writing by Booth Signs.
2.2 Each Order will constitute an offer by the Customer to acquire Goods from Booth Signs upon and subject to the Terms and Conditions and to the exclusion of all other terms and conditions and notwithstanding any qualifications of the Terms and Conditions (including any terms and conditions contained in any purchase Order or other document of the Customer) unless expressly agreed by Booth Signs in writing. Any price lists or quotations given by Booth Signs to a Customer are an invitation to the Customer to place an Order only.
2.3 A contract will only be made between Booth Signs and the Customer for the sale and purchase of Goods if and upon the acceptance of the Order by Booth Signs by the provision to the Customer of an Order Confirmation.
2.4 An Order may only be made by the Customer to Booth Signs;
(a) In writing or by email;
(b) By telephone, if within 3 business days of the placement of the Order, it is confirmed by a means outlined in (a).
2.5 The Contract resulting from the provision of the Order Confirmation cannot be cancelled by the Customer without Booth Signs written consent and Booth Signs may at its discretion impose a reasonable cancellation charge.
3. Payment Terms
3.1 The Customer agrees to pay to Booth Signs the Price in full upon the delivery of the Goods, unless the Customer has completed and returned a Credit Application Form and Booth Signs has agreed to extend credit to the Customer, in which case the Customer agrees to pay the Price in full within 30 days of date of invoice.
(a) Payment for the Customer’s first Order shall be made in advance before shipment of Goods.
3.2 If the Price is not paid in full as and when due in accordance with clause 3.1, then Booth Signs shall have the right to charge interest at a rate of 1.25% per month from the due date to the date that the account is paid in full and should the account be referred to a collection agency the Applicant shall pay a 15% collection fee plus legal costs on a solicitor/own client basis.
3.3 If Booth Signs agrees to extend credit to the Customer, the Customer agrees to the terms stated in the Credit Application Form as terms and conditions of the Contract. Notwithstanding any credit terms given to the Customer, Booth Signs may decline to sell Goods on credit to the Customer at any time without notice to the Customer.
3.4 The Price is GST and freight /delivery charge exclusive unless stated otherwise. The Customer must pay to Booth Signs any GST which Booth Signs is liable to pay in respect of supplies made by Booth Signs under these Terms and Conditions, at the same time and in the same manner as first payment is made for the supply to which the payment relates.
3.5 All financial institutions duty, stamp duty, Government charges, or direct costs of any kind associated with the operation of the customer’s account will be charged to the customer.
3.6 Prices, fees and charges are subject to change without notice.
Title and Risk
3.7 The Customer acknowledges and agrees that no title to the Goods shall pass to the Customer until the Price has been paid to Booth Signs in full.
3.8 Risk of Loss or damage to the Goods will pass to the Customer at the time of dispatch from Booth Signs warehouse. Booth Signs shall not be responsible for any loss or damage of Goods in transit. Insurance for Goods in transit to the Customer will not be arranged by Booth Signs. The Customer shall be responsible for the insurance of Goods in transit, which insurance shall take account of these conditions.
3.9 Until the Price has been paid in full (a) legal ownership of Goods shall remain with Booth Signs (b) Booth Signs may enter the Customer’s premises (or any premises where the Goods are located) without notice and without liability for trespass or any resulting damage and may retake possession of Goods (c) Booth Signs may keep or resell any repossessed Goods (d) if the Customer resells Goods without first having paid Booth Signs for them, the Customer shall hold that part of the proceeds of the sale which represents the invoiced price of Goods in a separate identifiable account as the beneficial property of Booth Signs and shall pay the amount to Booth Signs on request (e) notwithstanding anything contained in sub clauses 3.9 (a)-(d), Booth Signs shall be entitled to maintain its legal rights against the Customer for the Price of the Goods.
The Customer acknowledges and agrees that Booth Signs may apply to register a security interest in the Goods at any time before or after delivery of the Goods. The Customer waives its right under s 157 of the Personal Property Securities Act 2010 PPSA) to receive notice of any verification of the registration. If the Customer defaults in the performance of any obligation owed to the Booth Signs under these Terms and Conditions or any other agreement with Booth Signs to supply Goods to the Customer, Booth Signs may enforce its security interest in any Goods by exercising all or any of its rights under these terms or the PPSA. To the maximum extent permitted by law, the Customer and Booth Signs agree that the following provisions of the PPSA do not apply to the enforcement by Booth Signs of its security interest in the Goods: sections 95,125, 130,135,142 and 143.
3.11 Security and Charge
Despite anything to the contrary contained herein of any other rights which the Booth Signs may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Booth Signs or Booth Signs nominee to secure all amounts and other monetary obligations payable under these terms and conditions.
The Customer and/or the Guarantor acknowledge and agree that Booth Signs (or Booth Signs nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been meet.
(b) Should Booth Signs elect to proceed in any manner in accordance with this clause and/or its sub-clause, the Customer and/or Guarantor shall indemnify Booth Signs from and against all Booth Signs costs and disbursements including legal costs on a solicitor and own client basis. The Customer and/or the Guarantor (if any) agree to irrevocably nominate, constitute and appoint Booth Signs or the Booth Signs nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

4. Delivery
4.1 The Delivery Time shall be a time or during a period agreed by Booth Signs and the Customer.
4.2 Booth Signs reserves the right to withdraw an Order Confirmation at any time before the Delivery Time and will not be liable for any loss whatsoever arising from its failure to deliver any or all of the Goods.
4.3 Any term of the Contract relating to the quantity of Goods is not the essence of the Contract. Booth Signs reserves the right to make partial deliveries against an Order and to invoice each partial delivery separately and the Customer cannot reject Goods on the basis of partial delivery.
4.4 Where Goods remain in the possession of Booth Signs after the Delivery Time (including where the Customer fails for whatever reason to take delivery of the Goods), Booth Signs is entitled to charge the Customer for all Loss occasioned by the Customer not accepting delivery together with any costs and Loss in respect of the carriage, care and custody of the Goods.
4.5 Unless otherwise agreed by Booth Signs, all Goods will be delivered to the Delivery Address.
4.6 The Customer must ensure that it or its employees or agents are in attendance at the Delivery Address at the agreed time or agreed period for delivery to accept delivery of the Goods and to acknowledge receipt upon the consignment note or invoice accompanying the Goods.
4.7 Booth Signs may arrange for the storage and carriage of Goods by carriers, contractors or sub-contractors. Notwithstanding any specific instructions given by the Customer as to the mode of carriage of Goods, in the exercise of its absolute discretion Booth Signs may have any Goods carried or forwarded by any method which it deems fit.
4.8 Unless otherwise agreed in writing by Booth Signs from time to time, the cost of freight of Goods from the Booth Signs warehouse shall be paid by the Customer.
4.9 Unless otherwise specified in a quotation, Goods shall be packed in Booth Signs standard packing. The cost of any special packing and packing materials required by the Customer shall be at the Customer’s expense.
5. Inspection, Acceptance of Goods and Customer’s obligations
5.1 The Customer must inspect the Goods within 2 business days of the Delivery Time and if no inspection is so made, is deemed to have accepted the Goods.
5.2 The Customer has no claim for shortages, defects or any Loss in respect of Goods apparent on inspection unless:
(a) A complaint is made to Booth Signs within 3 business days of the Delivery Time specifying the shortage or defect; and
(b) Booth Signs is, after receipt of the complaint, permitted to inspect the Goods and investigate the complaint.
5.3 If a complaint is not made to Booth Signs in accordance with clause 5.2, the Goods delivered will be deemed to be in accordance with the Contract, and Booth Signs will not be held liable for any future Losses regarding the use or application of the Goods, and the Customer is bound to pay for them accordingly.
5.4 Booth Signs shall not be under any obligation to accept Goods returned by the Customer. Booth Signs will only accept the return of Goods from the Customer where:
(a) The Customer has complied with clause 5.2 and Booth Signs is satisfied as to the claim by the Customer; and
(b) The Goods are returned to Booth Signs in the same condition as when first delivered to the Customer.
5.5 Booth Signs will not be held liable where incorrect Goods are Ordered, an incorrect item number for Goods is used, an incorrect unit of issue or pack size is Ordered, an Order exceeds the Customer’s requirements, an incorrect account number is used, or an Order is duplicated. Any errors on Orders shall be at the Customer’s expense.
6. Liability
6.1 Legislation such as the Competition and Consumer Act 2010 (Cth) may imply into these Terms and Conditions warranties or conditions or impose obligations which cannot be excluded, restricted or modified and these Terms and Conditions are read subject to such statutory provisions.
6.2 All other conditions, warranties, representations, liabilities, and obligations, whether implied or imposed by statute, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the extent permitted by law.
6.3 In the event that Booth Signs breaches its obligations referred to in clause 6.1, to the extent allowed by law, its liability is limited to any one or more of the following, at its election:-
(a) The replacement of the Goods or the supply of equivalent goods;
(b) The repair of the Goods;
(c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) The payment of the cost of having the goods repaired.
6.4 The total liability of Booth Signs under these Terms and Conditions is, to the extent permitted by law, expressed in this clause 6 and Booth Signs will under no circumstances be liable to the Customer for any Loss incurred by the Customer or any other party resulting directly or indirectly out of the supply by Booth Signs to the Customer or out of any breach of Booth Signs under these Terms and Conditions or out of the negligence of Booth Signs.
6.5 Nothing in these Terms and Conditions shall exclude or modify any conditional warranty implied by law where to do so would render these Terms and Conditions void.
6.6 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. 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.
7. General
7.1 These Terms and Conditions take effect, are governed by and will be construed in accordance with the laws of New South Wales, Australia.
7.2 These Terms and Conditions are subject to change without notice.
7.3 The parties agree that any action arising out of, or relating to these terms may only be brought by a court of competent jurisdiction in New South Wales, Australia.
7.4 If any of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, it will be struck out and the remaining terms and conditions will remain in force.
7.5 If we do not act in relation to a breach by you of these terms and conditions, this does not waive Booth Signs right to act with respect to subsequent or similar breaches.
7.6 You may not assign or transfer any rights or benefits you may receive under these terms and conditions to any other person or entity without the prior written consent of Booth Signs.
7.7 In reselling, maintaining or installing Goods, the Customer is not Booth Signs’s agent or the agent of the manufacturer of Goods.
7.8 Unless otherwise specified, all dollar amounts are in Australian (AUD) currency.