General Sales Terms and Conditions

1. General

These Terms and conditions apply to sales by Canon Production Printing Australia Pty Ltd to the Customer including machines, equipment, software license, firmware, spare-parts, consumables (“Goods”) and Service.

Quotes, invoices or software conditions, regarding price, quantity, delivery and special conditions form part of the agreement. Machines and equipment include new or used may contain some new or recycled components.

2. Warranty

In addition to any warranties that are implied by law, Canon Production Printing Australia Pty Ltd warrants to the Customer that the Goods (excluding software licenses) are free from any defects in workmanship and materials. A claim under warranty must be notified to Canon Production Printing Australia Pty Ltd in writing within ninety days of the goods delivery date.

3. Prices

Unless otherwise stated, prices for the Goods may vary and do not include freight, insurance, goods and services tax or any duties, levies or other incidental costs.

4. Payment Terms

Payment for machines and equipment (including software) is due within seven days of installation and for all other goods and services within thirty days of the invoice date. Canon Production Printing Australia Pty Ltd may suspend or cancel any other agreements with the Customer and charge interest on the unpaid amount calculated on a daily basis at the penalty rate stipulated pursuant to the Victorian Penalty Interest Rate Act.

5. Delivery

Canon Production Printing Australia Pty Ltd will arrange delivery of goods to nominated premises at the Customer’s request and expense.

6. Installation

Installation of machines and equipment to be performed by Canon Production Printing Australia Pty Ltd at the nominated premises. Such premises must meet Canon Production Printing Australia Pty Ltd.’s site specifications at the Customer’s expense.

7. Credits

The Customer must notify Canon Production Printing Australia Pty Ltd in writing within seven days of any for defective Goods or any delivery shortfall. Canon Production Printing Australia Pty may accept such claims and issue a credit, in respect of unrequired consumables, a credit will only be issued when they are returned in a saleable condition unopened in their original packaging.

8. Property Rights

The sale of the Goods does not include nor convey any intellectual property to the Customer such as copyright, trademarks, designs, patents or similar and are not transferable.

9. Force-majeure

Canon Production Printing Australia Pty Ltd may postpone or cancel any obligations or agreements affected by force-majeure that includes anything prejudicial to Canon Production Printing Australia Pty Ltd beyond its control.

10. Liability

Canon Production Printing Australia Pty Ltd.’s liability to the Customer in respect of any Goods or related services shall never include liability for any losses or damages in the nature of consequential losses, economic losses, losses of profit, losses of or liabilities to third parties, losses from disruption to business activities or any damages of any nature whatsoever relating to these losses whether caused by the neglect, breach or default of Canon Production Printing Australia Pty Ltd or any of its employees or agents.

11. Title

Ownership and title to the Goods shall not pass to the Customer until Canon Production Printing Australia Pty Ltd has been paid in full for the goods. If payment is not made, Canon Production Printing Australia Pty Ltd and its agents are authorized to enter the Customer’s premises to retake possession and to remove the Goods which Canon Production Printing Australia Pty Ltd may keep, sell or otherwise dispose of. In this event, any monies paid by the Customer towards the Goods shall be refunded or credited against any other monies owing or losses and expenses of Canon Production Printing Australia Pty Ltd at its discretion. Should the Goods be on-sold to a third party before payment is received, then the customer assigns to Canon Production Printing Australia Pty Ltd its right of recovery of payment from the third party. All risk in the Goods shall pass from Canon Production Printing Australia Pty Ltd upon delivery to the Customer.

12. Privacy Act

Canon Production Printing Australia Pty Ltd advises that in relationship to personal information it will comply with National Privacy Principles for fair handling of personal information as set out in the Privacy Act 1988. Individuals will be given access to their information upon request. Such information will be used by the Company to assess credit applications and manage customer’s accounts.