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Terms & Conditions
E.R THORNCROFT & P.J THORNCROFT t/a Quantum Marketing is hereby refered to as "Quantum Marketing". Our ABN (32 102 557 594) is listed on all quotes and invoices.
Quotations by Quantum Marketing unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation.
The Price invoiced is calculated in respect of the quantity of Goods actually delivered irrespective of the quantity in respect of which any quotation or Order Acknowledgement was issued. All orders for personalised products are subject to a quantity tolerance of + or – 5% and all orders for Custom Designed are subject to a quantity tolerance of + or - 10%.
Quantum Marketing shall have the right to adjust its prices for any increase in costs of any kind arising for any reason for products on this website and/or after the date of the Contract.
Price changes shall take effect on the date of service on the customer of notice of the change.
All invoices for approved accounts are payable on receipt of goods and in no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason at all.
Without prejudice to any other rights of Quantum Marketing if the Customer fails to pay the invoice price by the due date the Customer shall pay interest on any overdue amount from the date of which payment was due to the date of actual payment on a daily basis at a rate of 2% p.a. and reimburse to Quantum Marketing all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
The Buyer shall ensure that the Goods ordered are suitable for the Buyer’s intended use.
If a sample of the Goods ordered is provided to the Buyer by Quantum Marketing and accepted by the Buyer, Quantum Marketing shall not be liable for any variations to the Buyers specifications thereafter if the manufacture and process of the Goods has commenced.
The risk in any Goods supplied by the Buyer to Quantum Marketing shall remain with the Buyer for the duration of the contract unless agreed in writing by Quantum Marketing.
RISK, DELIVERY AND PERFORMANCE:
The Goods are delivered to the Customer when Quantum Marketing makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent whoever pays its charges) at Quantum Marketing’s premises or other delivery point greed by Quantum Marketing.
Risk in the Goods passes when they are delivered in accordance with the paragraph above.
Quantum Marketing may at its discretion deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by Quantum Marketing in respect of any one or more instalments shall vitiate the Contract in respect of the Goods previously delivered or undelivered Goods. Any dates quoted by Quantum Marketing for the delivery of the Goods are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of Quantum Marketing no regard has been paid to any quoted delivery dates.
If the Customer 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, Quantum Marketing may on giving written notice to the Customer store or arrange for the storage of the Goods, and on the service of the notice: risk in the Goods shall pass to the Customer; delivery of the Goods shall be deemed to have taken place; and the Customer shall pay to Quantum Marketing all costs and expenses including storage, any redelivery and insurance charges arising from its failure.
Quantum Marketing 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 Customer to refuse to accept any delivery or performance of or repudiate the Contract.
SCOPE OF CONTRACT:
Under no circumstances shall Quantum Marketing have any liability of whatever kind for:
Any defects or injury resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the instructions or advice of Quantum Marketing or the manufacturer of any Goods or neglect or from any instructions or materials provided by the Customer
Any Goods which have been adjusted, modified or repaired.
The suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to Quantum Marketing;
Any substitution by Quantum Marketing of any materials or components not forming part of any specification of the Goods agreed in writing by Quantum Marketing;
Any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by Quantum Marketing contained in Quantum Marketing’s catalogues, price lists or elsewhere are merely intended to represent a general idea of the Goods and not to form part of the Contract or be treated as representations or a portfolio of Quantum Marketing’s work;
Any technical information, recommendations, statements or advice furnished by Quantum Marketing, its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made; or
Any variations in the quantities or dimensions of any Goods or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
EXTENT OF LIABILITY:
Quantum Marketing shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of Quantum Marketing or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except: for death or personal injury resulting from Quantum Marketing’s negligence; and as expressly stated in these terms.
If the Customer establishes that any Goods have not been delivered, have been delivered damaged or do not comply with their description Quantum Marketing shall, at its option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Goods.
If the Customer establishes that any Goods are defective Quantum Marketing shall, at its option, replace with similar goods or repair any defective Goods, allow the Customer credit for their invoice value or to the extent that the Goods are not of Quantum Marketing’s manufacture, assign to the Customer (so far as Quantum Marketing is able to do so) any warranties given by the manufacturer of the Goods to Quantum Marketing.
The delivery of any repaired or replacement Goods shall be at Quantum Marketing’s premises or other delivery point specified for the original Goods.
Where Quantum Marketing is liable in accordance with this condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set-off or other claim shall be made by the customer against or in respect of such other or other parts of the Goods.
No claim against Quantum Marketing shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments, alterations or other work has been done to the Goods by any person except Quantum Marketing.
Quantum Marketing shall not be liable where any Goods, the Price of which does not include carriage, are lost or damaged in transit and all claim’s by the Customer shall be made against the carrier. Replacements for such lost or damaged Goods will, if available, be supplied by Quantum Marketing at the prices ruling at the date of despatch.
In no circumstances shall the liability of Quantum Marketing to the Customer under this condition exceed the invoice value of the Goods.
Whilst Quantum Marketing shall make every effort to match print colours to the Customer’s requirements, no liability is accepted by Quantum Marketing for colour variations within normally expected commercial tolerances (+ or - 10%.)
Quantum Marketing shall not be liable for the acts or omissions of any third parties to the Contract.
Quantum Marketing may sub-contract the performance of the Contract in whole or in part. The Customer shall not assign or sub-let this contract in whole or in part.
Quantum Marketing may at its discretion suspend or terminate the supply of any Goods if the Customer fails to make any payment when and as due or otherwise defaults in any of its obligations under the Contract or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Quantum Marketing bona fide believes that any of those events may occur, and in case of termination may forfeit any deposit paid.
If the Goods are manufactured in accordance with any design or specification provided or made by the Customer the Customer shall compensate Quantum Marketing in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
Except for any which is expressly agreed to be included in the Goods all tools, patterns, materials, drawings, specifications and other data provided by Quantum Marketing shall remain its property and all technical information, patentable or unpatentable, copyright and registered designs arising from the execution of any orders shall become the property of Quantum Marketing.
The Customer shall not at any time whether before or after the termination of the Contract divulge or use any unpublished technical information deriving from Quantum Marketing or any other confidential information in relation to Quantum Marketing’s affairs or business or method of carrying on business.
Orders for Goods which have to be made especially for the Customer will be charged in full unless written notice of cancellation is received not later than 3 days after the order date and issue of the order acknowledgement. Orders for stock items may be cancelled by written notice at any time before the Goods are allocated to the Contract but if a cancellation notice is received after the Goods have been allocated to the Contract then the Customer shall be charged in full.
Any orders where an Order Acknowledgement is issued and then is cancelled are subject to a minimum administration charge of $50. Quantum Marketing reserves the right to cancel any orders in respect of which the Specification provided by the Buyer would not in the opinion of any officers, agents or employees of Quantum Marketing result in the required effect at the cost set out in the Order Acknowledgement at any time prior to the commencement of manufacture and process of the Goods.
As all goods are custom branded/printed for the Customer - we cannot issue refunds except where the goods supplied are faulty or not supplied as per the artwork proof.
If you have questions or concerns regarding this statement, you should first contact Quantum Marketing at 1800 288 092.
Collection of Information
In order to use the Quantum Marketing website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by Quantum Marketing is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.
Use of Collection Information
Any details collected from Quantum Marketing customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to us. When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can email us at [email protected].
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at [email protected].
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
Quantum Marketing uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at [email protected]. Quantum Marketing will never sell, rent, give out your email address and/or details to any third party without getting your consent first.
Quantum Marketing may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. Quantum Marketing does not share any information with third parties for any unknown or unrelated uses.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links on the Quantum Marketing site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.qmk.com.au.
We can not and do not make any guarantees about your ability to get better results or generate extra sales or leads with our ideas, information, tools or strategies. Your results may vary and depend on many factors including but not limited to your background, experience, and work ethic – we make no guarantees whatsoever. All business entails risk as well as massive and consistent effort and action, and besides, your results in life are up to you. Agreed?
One of the ways we help you in your business life, is by giving great content, direction, and strategies. Any reference to financial figures or sales and lead statistics are illustrative of concepts only or taken from client’s real experiences and should not be considered exact results for you or promises for actual or future performance. We’re not implying you’ll duplicate them (or do anything for that matter). The average person who follows any ‘how to’ information gets little to no results.