Terms & Conditions

Introduction

These terms and conditions shall apply to and govern all contracts between us, as the Seller (“The Seller”) and you as the buyer (“The Buyer”). These terms & conditions shall apply as the complete and exclusive terms of each contract and no variation in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed in writing by the Seller. Unless previously agreed in writing, all orders placed with Kit Promo will only be accepted on a pro-forma basis. By approving your order you acknowledge that you have read, understood and agree with our standard terms and conditions and that they are legally binding and apply to all sales made.

Prices

All prices shown on the site are indicative only and exclude GST.  The Seller will provide you with a Quotation based on your specifications. The Quote is based on branding in 1 position/ side unless specified in the quote. If the Buyer places an order it will be based on the Quote and not the pricing listed on seller’s website.. Whilst every endeavour will be made to maintain the prices we reserve the right to alter prices at any time without prior notice. Kit promo reserves the right to increase the quoted price on custom items if there are changes to the design and production time. If there is an increase in costs to the Seller between the date of order and dispatch. This includes any exchange rate changes. Should expedited delivery be agreed and require overtime or other additional costs these additional costs can be charged. Work carried out at The Buyer’s request whether experimentally or otherwise will be subject to an additional charge. Additional charges may be made to cover extra work involved where copy supplied is not clear or legible. 

Quotes given by the Seller shall be deemed to be withdrawn unless the Seller receives notice of The Buyers acceptance in writing within 14 days from the date hereof. We will honour all quotes within this 14-day period with the exception of any unforeseen or exceptional circumstances. All prices for bespoke print-related orders are quoted subject to the sight of final artwork and available production capacity. In the case of work being cancelled by the Buyer, the Seller will be entitled to payment for work already carried out, materials ordered and other additional costs involved, including all allocated and scheduled production hours which are no longer saleable.

Proofs & Origination

The seller will provide Artwork proof and 2 revisions for each time order. Any additional proofs necessitated by such corrections will incur an additional charge unless included in the estimate. The Seller accepts no responsibility for any breach of confidentiality, loss of reputation, financial or other loss arising, from carrying out the Buyer’s instruction to transmit proofs or other material via any electronic means. This includes e-mail or facsimile transmission. Due to variations in equipment, paper, inks and other conditions between colour proofing and actual production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable. Where the greatest degree of accuracy is imperative, it is highly recommended to order a preproduction sample as these can be guaranteed to produce more accurate results. The Seller accepts no responsibility whatsoever for any errors when the Buyer has submitted proofs and an order acknowledgement and any artwork, content or specification errors have not been corrected by the author or buyer.

Delivery & Payment

In the absence of the express written agreement of the Seller to the contrary, all orders placed with Kit promo prior to us offering credit facilities will only be accepted on a pro-forma basis only, unless previously agreed in writing. The Buyer will be primarily liable for all sums due to the Seller in respect of any order placed irrespective of whether or not such Buyer is acting as principal or agent. If the Buyer fails to take delivery the Seller shall be entitled without prejudice to any other rights to invoice the goods whereupon payment in full shall become due forthwith. Should work be suspended or delayed through any default of the Buyer, the Seller shall be entitled to payment for work already carried out. For goods that are contracted for delivery by instalments late delivery of an instalment shall not entitle the Buyer to reject any other instalment under the same Contract. The Seller cannot guarantee exact quantities in respect of any Goods supplied and shall be deemed to have fulfilled its obligation under the Contract by delivery or manufacture of a quantity of the Goods plus or minus ten percent of the quantity specified in the Contract. Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, the Seller does not have to provide the Goods to you at the incorrect (lower) price.

As we used 3rd party courier the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller. Any delivery date given by the Seller to you shall be an estimate date only and while the Seller will endeavour to comply with such date the Seller shall not be responsible for late delivery. The Seller shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Buyer to refuse to accept any delivery or performance of or repudiate the Contract. If the Buyer fails to take delivery of the Goods or any part of them on the due date and to provide any instructions or documents required to enable the Goods to be delivered on the due date, The Seller may on giving written notice to the Buyer to arrange for the storage of the Goods, and on the service of the notice risk in the Goods shall pass to the Buyer, delivery of the Goods shall be deemed to have taken place, and the Buyer shall pay the Seller all costs and expenses including storage and insurance costs arising from its failure. The Buyer shall own the Goods once the Seller has received payment in full, including all applicable delivery charges.

If the Buyer has a credit account with the Seller, payments shall be made 30 days end of the month. The buyer will make full payment to the Seller by the last day of the month following the invoice date. If payment is not made on the due date the Seller, without prejudice to its other rights hereunder shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at the rate of 4% per week in force from the date the monies first became due until the outstanding amount is paid. For orders over $2000, Kit Promo reserves the right to request a 50% non-refundable payment at the time the order is placed. Every endeavour will be made to deliver the correct quantities ordered, but it will be a term of contract that margins of 10 per cent for overs or shortages shall be charged or deducted on bespoke customised products. Credit facilities are only available to customers who order 5+ times in year, with a minimum yearly spend of $8000 

As the seller uses third-party couriers any failed attempts of delivery are the responsibility of the buyer. if no one is at the address to sign for the goods  The courier may 1) drop goods off at the local depot 2)bring to the depot for redelivery (costs may be involved) 3) at the request of the buyer at the time of order or dispatch goods may be left ATL ( authority to leave) if there is a safe/ secure place to do so. 

Promo Codes

All discount codes are offered at the discretion of Kit Promo and are for use with online orders only. These codes cannot be applied retroactively and cannot be used on more than one occasion. Codes offered over a specified expenditure apply only to order values excluding GST. Multiple discount codes may not be used in conjunction with one another, only one code will be accepted per order. Kit Promo reserves the right to rescind a discount code at any time. 

Risk

All goods are borne at Buyer’s risk from the time notification when delivery, or attempted delivery, takes place at the location stipulated in the Contract between the Buyer and Kit Promo.

Retention Of Title

  1. Goods shall remain the sole and absolute property of the Seller as legal and equitable owner of the goods until payment of all sums due to the Seller from the Buyer on any accounts whatsoever have been received in full by the Seller. 
  2. Where payment is effected by cheque the Seller shall be treated as not having received payment until that cheque has been honoured and the amount credited to the bank account of the Seller. 
  3. The Seller shall be entitled to serve notice on the Buyer indicating its intention to retake possession of the Seller’s goods if the Buyer is in breach of the payment terms under this Contract or if the Seller reasonably considers that its property is in jeopardy. On receipt of such notice, the goods shall immediately be delivered to the Seller, and the Seller by it’s employees or agents shall have the right to enter upon any land, building or vehicles of the Buyer to take possession of its goods. 
  4. Any complaint by the Buyer of short delivery or damage to the goods shall have been notified in writing to the Seller immediately (within 7 days) upon receipt of the goods; 
  5. Any complaint by the Buyer of failure to deliver shall have been notified within 7 days of receipt of the invoice or goods, whichever is the earlier. The Sellers entire liability shall be limited to the value of the goods and the Seller shall be under no liability if the goods are not paid for by the due date. The Seller expressly excludes liability for consequential loss to the Buyer and or any third party claims occasioned by delay (however so arising)

Your Order

We reserve the right to substitute goods within your order with goods of an equivalent nature. Orders for goods which have to be manufactured specifically for the Buyer will be charged in full unless written notice of cancellation is received prior to manufacture of the Goods or the ordering of any required materials for the production of such bespoke order. We reserve the right to select and use adequate packaging at our discretion to protect the goods in transit. 

Password & Security

You agree that you are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities using your password or account. You agree to immediately notify Kit Promo of any unauthorised use of your password or account.

Disclaimer

To the fullest extent permitted at law, Kit Promo is providing this website and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this website or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Kit Promo does not represent of warrant that the information accessible via this web site is accurate, complete or current.

Consequential Loss

Without prejudice to the generality of the foregoing provisions Kit Promo shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.

Right Of Rescission

Kit Promo shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any Contract between Kit Promo and the Buyer or to suspend delivery in the following event: If the Buyer is in breach of any term of the same or any other Contract with Kit Promo and/or (b) If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading.

Force Majeure

Kit Promo shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the Kit Promo. This includes any act of God, war, strike, lockout or other industrial dispute, fire, flood drought, legislation or other cause beyond the Sellers control.

Cancellation

After the Order and Artwork are approved – the order can at times be cancelled if it has not been passed onto production. There is a $ 150 ex-GSt cancellation fee on all cancelled orders. 

If the order has been passed onto Production buyer must pay the cancellation fee and any setup/printing fees that have occurred by our factory. 

Refund

Bespoke branded  merchandise is not refundable unless there is a fault in the item received. If the Product has been produced as per Order Artwork proof – no claims are accepted.   Print colours may vary to a tolerance of 10%.