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Terms of Use

This website www.blackchrome.com.au is owned and operated by Indico Pty Ltd (ABN 75 099 550 302).

Acceptance of Terms and Conditions

Your access and use of the Website is conditional upon your acceptance and compliance with these terms and conditions.

Blackchrome may amend the Terms of Use from time to time and without notice. By continuing to use the Website you accept and are bound by the Terms of Use as they apply from time to time.

 

Material on the Website

The material on the Website, including all text, graphics, images and other material is provided by Blackchrome for general guidance and is intended to offer the user general information of interest only. The Material is not legal, financial or other professional advice and should not be relied on as a substitute for such advice. Neither the transmission of Material on the Website nor your receipt of any material is intended to create any professional or fiduciary relationship between you and Blackchrome. Blackchrome makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any of the Material. We endeavour to take care in compiling the Material, however the Material may contain inaccuracies, errors or omissions. Any use and/or reliance on the Material is at your own risk.

It is your responsibility to carry out an appropriate virus check to ensure that the Website and the Material is free from viruses and other harmful code before using and/or accessing the Website and any Material.

 

Modification of these Terms of Use

Blackchrome reserves the right to change the terms, conditions, and notices under which the Blackchrome Website is offered, including but not limited to the charges associated with the use of the Blackchrome Website.

 

Restrictions on Use

You may only access, use and/or print the Material for non-commercial or personal uses provided that any copyright notice on such page is not removed. All other use, copying, reproduction, republication, uploading, transmission, distribution and/or modification of the Material is prohibited unless provided for in the Terms of Use or on the Website or expressly authorised in writing by Blackchrome or as permitted by applicable copyright legislation.

 

No Unlawful or Prohibited Use

As a condition of your use of the Blackchrome Website, you warrant to Blackchrome that you will not use the Blackchrome Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Blackchrome Site in any manner which could damage, disable, overburden, or impair the Blackchrome Web Site or interfere with any other party’s use and enjoyment of the Blackchrome Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blackchrome Websites.

 

Links to or from other Sites

The Website may contain links to other websites. Unless expressly stated, Blackchrome is not responsible for, nor does it sponsor, endorse or approve any Linked Sites or any content on them, nor does Blackchrome provide any warranty or take any responsibility for any aspect of those Linked Sites or their content. You must not create or maintain any link from another website to this Website without the written consent of Blackchrome.

 

Privacy

This Website uses cookies to enhance and personalise your experience. We do not collect personal information from people who use the Website unless expressly stated. Our Internet server may record details about any computer used to access the Website (e.g., the domain from which you access the Internet, the date, time and duration of visits and the Internet address of the website from which you linked to this Website) and details of the information downloaded. The information we collect is used for internal statistical purposes and to improve this Website.

 

Limitation of Liability

To the maximum extent permitted by law, Blackchrome excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or use of the Website (Services). Where any law implies a warranty into these Terms of Use which may not be lawfully excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

 

Quality

Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the satisfactory quality or fitness of goods for any particular purpose, whether such purpose be known to the Seller or not, are excluded. In the event of any goods proving defective however, the Seller is prepared at its sole option either: –

a) to replace such materials free of charge, at the place of delivery and in the condition originally specified.

b) To refund to the Buyer the Contract price of such goods, if required to do so, within a reasonable time, but not later than 12 months to 3 months from the date of delivery. Any liability is limited to such replacement or refund and does not extend to any other expenditure incurred or to any consequential damages. For this warranty to apply the goods must: (i) have been accepted and paid for by the Buyer and (ii) be found upon examination by the Seller to be defective, owing to faulty materials or workmanship. The Seller accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect, or cause beyond the Seller’s control. This warranty does not cover any defects caused by third party contractors or mistakes in typesetting or logo placement not pointed out in writing by the Buyer. In the event of any such instance, Blackchrome undertakes to pursue the matter to the best of its ability with the third party involved. Time will not be of the essence in such matters. Full settlement in any case should consist of the supply of the original order. No refund or cancellation of order is permitted due to third party errors.

 

Preliminary and Ongoing Work

All work begun and/or completed operates under Australian and Associated International Copyright Laws and is protected as such through our rights as Graphic Designers, Photographers and Artists. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials deliberated by Blackchrome. All services and products deliberated between Blackchrome and the customer are solely for the customer’s own use only provided that they: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with or damage the goodwill associated with Blackchrome (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorised in writing by us); and (d) you make no modifications to the material. You further agree that, except as expressly provided in this Agreement, you shall not duplicate, download, publish, modify or otherwise distribute any material for any purpose other than for the sole and own individual use unless otherwise specifically authorised by us.

 

Intellectual Property

Our designs are important to us – they are the backbone of our business discipline. Regardless of the circumstances in which you come to view our design work (EOI, RFQ, tender, submission, catalogue, mail, website or quote) we are the lawful rights holder of the Intellectual Property (IP) rights under Australian and international laws. International property rights are protected under the Copyright Act 1968. Our designs are protected from the moment they are created. The designs are not required to be registered.

 

Quotations

Blackchrome will not be bound by any price quoted on the telephone. A firm quotation in writing or email acknowledged by both parties shall be the only binding form and will be given and deemed valid only after Blackchrome have received and examined the necessary samples.

 

Orders

Any contract made between Blackchrome and the Customer (hereinafter called the Contract) shall incorporate and be subject to these Conditions; any other terms that the Customer shall seek to incorporate into the Contract are hereby expressly excluded. An order shall be deemed to be accepted by Blackchrome on receipt of authorisation whether by fax, e-mail, or verbal. No order of the Customer placed with Blackchrome (whether in response to a quotation or not) shall be binding on the Company unless and until it is accepted by Blackchrome in writing by letter or email. Blackchrome is not obliged to accept cancellation of accepted orders and may require payment of a cancellation charge before accepting any cancellation. Specifications and price lists are issued for information purposes only, and do not constitute contractual offers for sale; they are subject to alteration or withdrawal without notice.

 

Priced Samples

Prices quoted in writing are based on current costs of production and, unless otherwise agreed in writing are subject to amendment at any time after authority is given to print, to meet any rise or fall in such costs. The price of the goods shall be in accordance with our official list price for the goods on delivery thereof provided that such price shall be subject to adjustment without notice.

 

Proofs and Errors

An extra charge will be made for major corrections, amendments, and alterations in style or content and for corrected proofs. No responsibility or liability will be accepted by Blackchrome for: (i) any errors after the proofs have been approved by the customer or (ii) for any material for which the customer has given instructions that allow for artists’ license (iii) any errors in spelling or grammar made by our designers where proofs have been submitted to the customer. Any orders taken by telephone will be accepted only at the customer’s own risk. Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received. Proofs are not colour calibrated and no responsibility will be accepted for deviations in colour from the proof supplied. Any complaints about services provided or work supplied deemed by the buyer to be the fault of Blackchrome should be submitted in writing within 7 days of delivery. After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. Blackchrome shall only consider financial recompense upon return of the goods in full, or that part of the supply deemed unacceptable.

 

Payment

Blackchrome shall be entitled to invoice the customer for 50% of the price of the customer’s order prior to beginning any work and may not (in its absolute discretion) commence any work until such 50% is fully paid by the customer and Blackchrome shall be entitled to invoice the remaining 50% when the order has been or is in the process of being completed, whether or not the goods have been collected or delivered to the customer. Payment shall become due and payable with 7 days of the date of invoice. An extra charge may be payable if Blackchrome agrees with the customer to deliver the goods or expedite the order. In the event of the processing of the customer’s order being suspended or delayed as a result of any act or omission on the part of the customer for a period of 30 days, Blackchrome shall be entitled to payment for that part of the work relating to the customer’s order which has been processed. If the customer fails to supply requested information for a period exceeding 10 working days, thus preventing or halting the completion of the order, Blackchrome will be entitled to invoice for the full amount. If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Blackchrome, Blackchrome be entitled: – to cancel the order or suspend any further deliveries to the customer; to appropriate any payment made by the customer as Blackchrome may think fit (notwithstanding any purported appropriation by the customer); and to charge the customer with all costs and expenses involved in collecting the overdue payment.

A Finance Charge will be made on unpaid balances at the rate of 10% per month. This charge will be computed by applying the monthly rate to the statement value at the start of each calendar month, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest). The buyer shall be liable to pay same in the event of late payment even after payment of the principal sum, acceptance of which does not absolve the buyer from liability for such interest. A credit limit of $500 plus Goods and Services Tax of 10% applies for all accounts and will only be increased upon written application and further approval. Any account exceeding this limit will be judged to be a failed payment, and become due immediately with interest chargeable from the date of invoice. Deliveries of order will be suspended on all overdue accounts. Any cheques returned or stopped will be charged to the customer at $45 plus Goods and Services Tax of 10% per instance, and accounts will be placed immediately on stop.

 

Delivery

Goods will be delivered by the most economical means by a carrier of our choice. Should the customer specify another means i.e. ‘overnight AM’ the additional charges will be for their account. If the company undertakes to deliver the goods on or before a stated date, it shall use its reasonable endeavours to comply therewith, but in the event of late delivery, the buyer shall not be entitled to vary or cancel the order nor shall Blackchrome be liable for any resultant damages consequential or otherwise occasioned by reason of a delay. Any damages caused in transit are the sole responsibility of the carrier and shall be governed by their terms and conditions. Responsibility for all insurance claims resulting shall lie with the client. The physical receipt or signature of any employee or agent of the buyer is proof of receipt. In the event that Blackchrome cannot or do not obtain a signature the risk in the goods will nonetheless be born by the client. The buyer will be liable for any additional carriage, storage charges, losses or damages arising if the customer refuses to take delivery of the goods ordered. Blackchrome reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may be invoiced separately. Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods.

 

Errors and Omissions

Price lists, acknowledgements, invoices and the like are subject to correction for any errors or omissions.

 

Customer’s Artwork

Customer’s artwork and any other property supplied to Blackchrome by or on behalf of a customer will be held and worked upon at the customer’s own risk.

 

Indemnity

The customer shall ensure that it has full authority to reproduce any material in which copyright subsists and Blackchrome reserves the right to refuse to undertake any work that infringes, or appears to infringe, the copyright of a third party. The customer shall fully indemnify Blackchrome against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright, letters patent, registered designs, trade marks, trade name, industry guidelines or any other intellectual property rights protected in the Australia or any laws for the time in force in Australia by the publication or use or sale of the goods and against all costs and damages which Blackchrome may incur in any action for such infringement for which Blackchrome may become liable. In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, Blackchrome shall be promptly notified thereof. The customer warrants that any design material or instructions furnished or given by him are not libellous or such as will cause Blackchrome to infringe any copyright, letters patent, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the Australia in the performance of the contract.

 

Risk and Ownership

Ownership of the goods being the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of delivery to the customer. Rights of ownership of all artwork and multimedia work remain with Blackchrome until an invoice has been issued for that artwork and fully paid for. The payment for any artwork fees or set up fees does not constitute nor imply the transfer of ownership of the intellectual property.

 

Miscellaneous

The buyer shall be liable for all legal costs (including legal and own costs, collection, commission and tracing agents’ charges) incurred by Blackchrome. arising out of any breach of the buyer’s part. In the event of any breach on the buyer’s part, Blackchrome. shall be entitled to cancel the contract and to retain all amounts paid without prejudice to its rights to recover damages. No indulgence, leniency or extension of time which the company may grant or show to the buyer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.

 

Cancellation

Subject to the provisions hereof, no contract shall be capable of cancellation without the written consent of Blackchrome.

 

Beyond Control

Blackchrome will make every effort to carry out the customer’s instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond Blackchrome’s control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond Blackchrome’s control. During the continuance of such contingency the customer may by notice in writing to Blackchrome elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.

 

Jurisdiction

These conditions and all other terms of the contract shall be governed and construed in accordance with the laws of Victoria, Australia. Acceptance of the terms herein and all other terms of the contract is a necessary condition of any work entered into with Blackchrome and is not subject to approval or examination.

 

Copyright and Trademark Notices

All contents of the Blackchrome Web Site are its and/or its suppliers. All rights reserved

 

Trademarks

All names, logos and trademarks are owned by Blackchrome or the third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation of Blackchrome or the relevant third parties

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