General
If you are doing business with APD Promotions, hereafter referred to as APD, the following terms and conditions (T&C) apply.
In case of conflict between the client and APD’s T&C, the latter shall apply.
Order approval is considered as an acceptance of our T&C.
Payments:
For projects over $10,000, APD requires 50% deposit payment before proceeding with production, and balance is due when the goods are ready to be despatched. For projects under $10,000, full payment is required before despatch, unless agreed otherwise. Quotes are exclusive of good and services tax (GST) and GST is added to the quote as a claimable item. Products supplied from overseas are subject to foreign exchange fluctuations and any negative fluctuations beyond 2% in the AU$/US$ will be applied to the unpaid amounts. Payment terms may vary for certain projects or where APD may have an existing agreement with the client. For high demand items, APD may seek full payment with the order. Fully customised projects are subject to a different payment structure.
Whereas a clients’ Purchase Order stipulates different payment terms, an applicable payment structure will be discussed with the APD account manager and will be subject to the approval of the Director of APD.
A minimum late payment fee of 1% of the billed amount will be applied per 30 days to any outstanding payment that has passed its due date.
Payments can be made via direct deposit (EFT) and credit card. A 2% surcharge applies to Visa, Mastercard and American Express payments. Diners Club is not accepted. Client acknowledges and agrees that APD do not have any responsibility or have any control over any third-party merchant facilities. Client acknowledges and agrees that APD will not be liable for any loss or damage arising out of client’s use of a third-party payment gateway. It is advisable that client should read and understand the T&C of the third-party merchant facilities before using them. Client acknowledges and agrees that some banks and financial institutions may charge an additional fee for international transactions.
Cancellations and Refunds:
In the event of any cancellation of an order after written acceptance or written authority to proceed with the project, a cancellation payment will be required based on the stage of project and expenses incurred to date.
Cancellations and amendments to orders are solely considered on a case by case basis. Any requested amendments must be provided in writing and agreed upon by APD. Any additional expenses incurred due to the amendment will be passed on to the client. In general, amendments are not feasible after a project has reached an advance stage of production. Orders cannot be cancelled or amended after it has been despatched.
Once an order has been confirmed and deposit payment has been made, no refund is provided if client's requirements have changed. There may be additional charges payable by client if the project has progressed to advance stages.
If an order has been placed with a varied payment schedule without a deposit payment, client will be required to pay 50% of the project value if client decides to cancel the order before dispatch.
Orders and acceptance of quotes are only accepted in written form (via email) and are considered firm/binding and APD will proceed with the order. In absence of a written order from client, APD may confirm this via an email response.
Approvals:
Approvals to proceed with an order via e-mail (or through a Purchase Order) are considered binding and will indicate client’s agreement to APD’s T&C. Verbal communication or instruction via phone may be accepted provided that an email acknowledgement will be sent after the call.
Approvals on artworks, samples and other inputs for a project must be provided by the client in a timely manner as this may impact delivery timelines. Client is required to supply artwork in Vector format such as PSD, AI, EPS, or PDF. Artwork or design fee may apply if client is unable to provide artwork files in required format depending on the complexity of the artwork/design.
All approvals must be provided in writing via email. Where approvals are communicated via phone or any verbal conversation, it must be followed by an email acknowledgment.
Delivery Time:
For international deliveries, delivery time will depend upon which freight method you choose for your delivery. Depending upon which country the goods are sourced from, it may take 15 to 40 days for sea freight, and from a few days to up to 10 days by air freight. Certain items, such as Dangerous Goods, can only be freighted by special carriers. This may impact delivery times and incur an additional cost.
For local deliveries, delivery time may depend on the type of courier service used, and dispatch and delivery locations (metro or regional), which typically takes 3-7 working days.
APD acts in good faith to meet all delivery deadlines. However, client payments and approvals are required in a timely manner to ensure schedules are maintained.
Where an inflexible delivery date is part of a project this must be communicated at time of order to ensure feasibility and correct delivery method is chosen. Where applicable urgent orders may be considered at additional cost.
APD will not be held liable for any delays caused by courier or third-party delivery services. Client must inform APD for any special delivery instructions before dispatch (such as warehouse window time, delivery dock, fork-lift, palletisation, location requirement or any other applicable condition).
In the event of a failed delivery to a client, there may be additional charges applicable for arranging a re-delivery. APD will not be liable for any delays caused due to re-deliver of goods in the event of client failing to provide special instructions. Any cost incurred will be passed on to the client.
Delivery Location:
Our quotes are based on full quantity delivered at single metro location in Australia, unless otherwise specified. We can also arrange national distribution, which needs to be pre-planned and agreed in advance including any charges associated with such delivery.
There may be additional charges if a generic sample or a pre-production sample is required for client approval before full production. For a shorter turnaround on delivery, we may require approval based on a mock-up or a digital proof. For stock items, printing and delivery charges may be in addition to the price range indicated.
Please note that we do not deliver to PO boxes since we require proof of delivery, in addition, courier companies do not accept delivery to PO boxes or to Australia Post.
External Factors:
As with any business, there may be external factors outside of our control that may delay the production and delivery of goods (weather, natural disasters, pandemics, closure of borders, war, etc., or delay by freight companies or import procedures including changes in customs rules). In such cases, if possible, we will work with our clients to find the most suitable solution, which may include moving manufacturing to another factory/facility, or changing delivery method, whichever the case may be.
All products offered for sale are subject to available stock. If a product is out of stock, we will contact you to offer a substitute product with similar specifications.
Sample Cost:
As most products are manufactured overseas and then shipped to Australia, there may be charges for providing generic samples. The cost is based on the product cost and air-freight courier charges and may include our initial efforts to bring that product sample to you. In general, our sample charges start at A$100, which is later adjusted against the final invoice. For fully customised orders, additional charges may be applicable where a mould needs to be created or a branded pre-production sample is required. Mould remains the property of APD unless agreed otherwise. APD also retains ownership and title of any patents/designs that APD will register to secure exclusive rights for producing goods/works for its clients.
Warranty:
While most standard products are covered by their manufacturer's warranty, customised and modified items may be subject to special conditions. Products are supplied based on usual 2-5% defect rate which is as per promotional products industry norm. If the defect rate is higher, we will work with the manufacturer to negotiate a resolution. Final delivery may contain +/- 5% quantity.
If a product supplied is not as described, we may, at our own discretion, choose to offer a replacement product, or offer to remake the product, or choose to offer partial or full refund depending on the situation and product.
For goods lost or damaged by common carrier, international or Australian Customs departments or by 'acts of God', an investigation will take place before replacing/refunding the lost/damaged goods.
As we supply customised promotional products, products cannot simply be returned and refunded, as these cannot be resold to other clients if these have been decorated with client logo/design. APD will negotiate mutually acceptable solution in such cases by offering either a repair or replacement of the products.
It is the clients’ responsibility to check and inspect the item(s) upon delivery. APD will not be liable for any damages found on the item/s after client receives and signs for goods delivered within an agreed timeframe, usually within seven days.
In an unlikely event of a claim, only a written claim is acceptable and must be made within seven days of delivery. All claims and returns will only be considered for review if a fault is clearly identifiable. Faulty goods must be returned so they can be inspected, at clients’ cost unless otherwise agreed. Once the goods are inspected a repair, replacement or refund will be issued at our discretion if the claim is found to be justified. Our maximum liability is limited to the total value of the faulty goods and we are not liable for any consequential losses including delay in delivery or breakages during transportation.
In the event, a product is stored for a significant period of time prior to use, APD will not be liable for deterioration of product that may result from external factors, improper storage conditions or linked to a limited life span (such as battery products or products with expiry date).
Disclaimer:
The price range shown on the website against products are indicative only and are based on large quantity orders and must not be considered as the final or quoted price. Majority of prices quoted on our website are based on order value of $20,000 or above (unless otherwise specified). There are several factors that decide the final landed price of an item, such as quantity ordered, specifications, delivery timeline, time of the year, FX rates etc.
The colours of the merchandise pictured on this website are only indicative as each batch production may produce slight variation.
Where PMS match is indicated, APD will make all efforts to produce closest matching colour within acceptable tolerance, however, different material and surfaces may result in some variation due to several external factors.
Any amendments to order details must be submitted in writing and subject to acceptance by APD. Any additional work or expenses incurred in applying such amendment will be charged to the Client.
Under no circumstances shall APD be responsible for any direct or indirect loss incurred to anyone due to the information provided on this website. Product features listed against each item are as per claims from their manufacturers/suppliers. It is buyer’s responsibility to test product before making a final purchase. Any essential requirements must be communicated to APD prior to order confirmation.
While APD takes every care in finding the right supplier for its client's need, clients should be aware of various risks associated with overseas sourcing as there are numerous external factors that can impact product delivery & timelines. We source products according to client requirements, and these should be clearly specified by client before production samples are supplied. It is therefore the client's responsibility to ensure product compliance according to their needs and their market requirements.
Where client requires certain regulatory standards to be met, or certain compliance to be obtained by APD, this must be specified before production samples are produced, for which additional charges may need to be paid by the client. These conditions must be accepted by all clients before placing an order with us. When using our service, it shall automatically imply that you accept our T&C.
You acknowledge and agree that products offered for sale on our website are primarily for Australian clients. We make no representation that any products sold through the website are appropriate or available for use outside Australia. You must comply with all applicable laws and regulations of the country for which the products are destined. Please be advised that some products may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver the Items overseas due to local laws. We will not be liable for any breach by you of any laws. Items sold by APD are primarily for use as promotional products and may not be suitable for industrial or commercial use. Product images on the website are indicative and actual product may have some variations due to different batches. Images on the website may be protected by copyright laws and may not be reproduced without permission.
Limitation of liability and indemnity
You agree that APD shall not be liable for any damages suffered as a result of using the website, the services, copying, distributing, or downloading content from the website and services. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
We do not endorse any products or manufacturers, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (CCA) including, but not limited, to any misleading statements made and/or incorporated into any products created by manufacturers.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the website and services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the website and services. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of the website and services, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the website and services or your breach of this T&C and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends. Any personal data or information provided by you is processed by us in accordance with our Privacy Policy.
Third party websites
The website and services may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the website and services. These websites are not under our control and are not maintained by us. We are not responsible for the content of those websites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We make no representation about any other website you access through this one. Please understand other websites are independent from our websites so we do not accept responsibility for such websites.
Other things to note:
We can supply products on OEM basis. Most items can have your branding or logo placed on them.
In most cases we source directly from the manufacturers (local or overseas), we generally require that any new enquiries meet our minimum order value (MOV) of $5,000. We may however accept smaller order values based on our discretion.
Where the timeline is short, we may source from local suppliers using stock items which may be priced higher than the prices indicated on our website.
Customised items can be made as per your requirements, or based on your specifications, which may carry additional charges.
From time to time APD may display printed promotional products that may have been supplied to clients as a part of the project fulfilled by APD, unless otherwise specified by client.
Updates to this T&C
We reserve the right, at our discretion, to correct any errors or omissions in any part of the website and services. We may restrict access to parts or the entire website and services at any time, including, but not limited to, content, certain features and services, hours of availability, and equipment needed for access or use, without notice or liability.
Any material on the website and services may be out of date at any given time and we are under no obligation to update such material. We reserve the right, in our sole discretion, to change, modify, add, or remove any part of this T&C, in whole or in part, at any time. Notification of the changes to this T&C will be posted on the website and will be effective immediately, unless expressed otherwise.
It is your sole responsibility to periodically check this T&C for any changes. If you do not agree with any of the changes to this T&C, it is your sole responsibility to unsubscribe from the website and services. Your continued use of the website and services will be deemed as your acceptance thereof.
We may assign or sublicense any of our rights or obligations under this T&C at any time, without obtaining your consent.
