Terms & Conditions

You are strongly advised to read our Terms and Conditions of Business prior to placing your order.

All sales will be limited to the terms and conditions contained herein. An objection by the Buyer to any of the terms and conditions contained herein shall be deemed to have been waived if we do not receive the objection in writing within 10 days of receipt of invoice or acknowledgement or before part of the merchandise or services is accepted by the Buyer, whichever may occur first.

Unless otherwise stated in writing by ourselves, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the Buyer's terms and conditions the following are deemed to have been accepted by the prospective buyer and take precedence over all other terms and conditions as governed under Australian Law.

All prices are nett, ex-works and subject to GST (currently 10%). Any extra costs or expenses incurred in recovering overdue accounts will be added to the account and recovered as part of the debt.

All prospective buyers will be required to make payment in full by the Seller’s (Teardrop Flags) secure online transaction servers (www.teardropflags.net.au), over the telephone with a debit or credit card, a cheque, or by a direct payment to the Seller’s bank account listed below, at time of order and prior to the delivery of goods, unless a special payment arrangement is confirmed between the Seller and the Buyer.

Bank: National Australia Bank (NAB)
Account Name: Teardrop Flags
BSB Code:        084941
Account No:      892927783
Swift Code:       NATAAU3303F
Cheques to be made payable to Teardrop Flags.

WARRANTY DISCLAIMER

All products made by the Seller are inspected before shipment. If any goods prove to have been defective in material or workmanship at time of shipment, and a claim is made by the Buyer in the manner set forth below, the Seller will repair or replace the goods, at the Seller's sole option. Unless otherwise agreed by the Seller in writing, the Seller makes no warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. In no event shall the Seller be liable to the Buyer for incidental or consequential damages.

STATUTE OF LIMITATIONS

Any action for breach of contract of sale must be commenced by the Buyer within one year after the cause of action has accrued.

RETURN CLAIMS

Claims for shortages, defects and non-conforming goods must be made by the Buyer in writing within thirty (7) days of receipt of the goods, and no claims made after the expiration of such period will be entertained or allowed. Such writing shall state with particularity all material facts concerning the claim then known to the Buyer. The Buyer shall hold the goods complained of intact and duly protected until further notice from the Seller. The Buyer shall in no event return any goods to the Seller unless expressly authorized to do so in writing by the Seller. The Buyer shall pay all costs of return shipment.

DELAYS

All orders are accepted by the Seller upon the express understanding by the Buyer that the Seller shall not be liable for delays in delivery of the goods or inability to deliver the goods caused by or due to inability to obtain transportation, equipment, or material, or by reason of fires, floods, storms, embargoes, actions of any military or civil authorities, whether legal or de facto, strikes, labor difficulties, riots, lock out, acts of God, or other similar or different circumstances beyond the control of the Seller.

COPYRIGHT

The Buyer accepts (as a condition of processing their work) that in the event of any breach of copyright they indemnify Teardrop Flags against any and all losses resulting from such work. The responsibility of copyright/s for files / images / materials submitted for graphic services and / or output is that of the Buyer.

FREIGHT

All costs of freight, transportation, or mailing, unless prepaid, and all demurrage charges shall be paid by the Buyer. The Buyer shall also pay for all increased freight rates whether prepayment for freight rates has been made or not. Likewise, if freight charges have been prepaid and the actual freight charges are less than quoted, buyer forfeits the difference.

WAIVER

A waiver by the Seller of any breach by the Buyer shall not constitute a waiver by the Seller of any other breach by the Buyer.

DELIVERY

Goods will be delivered within 3-5 business days after the order is confirmed and paid in full.  Delivery of the goods by the Seller to the carrier at the point of origin shall constitute delivery of the goods to the Buyer and thereafter the shipment of the goods shall be at the Buyer's risk. All claims and allowances for damage to the merchandise incurred in transit must be filed against and presented to the carrier by the Buyer. Goods sent by mail are insured at cost of the Buyer.

PAYMENT

Prices and terms of payment are shown on the applicable acknowledgments and/or invoice forms. Terms are from date of invoice and not from date the goods are received. No extra dating. All payments shall be made in Australian dollars. Any amounts past due are subject to a service charge of 2% per month on the unpaid balance, unless applicable laws require a lesser charge. The minimum merchandising billing amount is $50.00. Custom screen printed banners and flags are subject to variation in quantity. All orders subject to 10% variance. Order accepted only on the basis that final invoice will reflect actual quantity delivered and customer agrees to accept and pay for overruns. All prices subject to change without notice.

RUSH ORDERS

Orders that need to be rushed through the normal time frames may incur a nominal 30% surcharge. The size of the job, the design and time frame may vary the surcharge applied. Each order will be assessed on an individual basis and negotiated with the Buyer.

DIES, TOOLS AND PATTERNS

Charges made for dies, tools and patterns are part of the purchase price of the goods and do not convey ownership to the Buyer. All dies, tools and patterns remain the property of the Seller, unless otherwise agreed by the Seller in writing.

COLLECTION

The Buyer shall, in the event that affirmative action is required on the part of the Seller to collect the amount owning to the Seller by the Buyer, pay the Seller all costs of collection including reasonable attorneys' fees.

BUYER RIGHTS - PLEASE READ CAREFULLY.  THIS CLAUSE IS IMPORTANT.

These clauses define the Buyer's rights in respect of loss or damage caused to the goods. The Buyer is advised to read them carefully (the provisions of this clause do not affect the inalienable statutory rights of a consumer not acting in the course of business)

a) The Buyer shall inspect the goods upon delivery. Goods signed for and then found to be in any way damaged, shall not be repaired, replaced or refunded and still be liable for payment in full. It is the responsibility of the Buyer or the Buyer’s acting agent to inspect goods prior to signing received in good condition.

b) We will as regards goods manufactured by Teardrop Flags make good at our option by repair or replacement any defects therein due solely to defective workmanship or materials which are notified to us. In the case of any defect discoverable upon reasonable examination such a notification must be made within 7 working days from date of delivery, and in the case of any defect not discoverable upon reasonable examination such notification must be made within 7 working days from the date such defect is actually discoverable and in any event with two months of delivery provided that:

• The aforesaid obligations on our part shall not extend to defects caused by the Buyer or it's employees or agents' wilful damage, negligence, incorrect storage, application, movement or installation (other than by ourselves or agents) or defects caused by fair wear and tear and
• We are given reasonable opportunity following the above notification of examining the relevant goods.

(c) Save as herein set out and for liability for death or personal injury resulting from negligence. All express or implied conditions representation or warranties as to qualify or fitness of the goods or otherwise are expressly excluded.

We take no responsibility for the infringement of any patent or copyright or registered design or trademark of any third party in the execution of the Buyer's instructions and it is the Buyer's entire responsibility to obtain any necessary licences or permissions and the Buyer hereby agrees to indemnify us against all claims, actions, proceedings, costs and losses out of such an infringement

Proofs and visuals produced by Teardrop Flags are copyrighted. You are NOT permitted to have them reproduced or given to a third party without prior written consent as this infringes our rights which are protected by law and constitutes a breach of our legal rights and financial remuneration will be sought.

If the Buyer is in breach of the terms and conditions of any contract with us (including breach of these conditions) and shall fail to remedy the same within 21 days of notice specifying the breach and requiring remedy (if the breach shall be remediable).
This contract is governed by Australian Law. Any dispute arising out of or in connection with this contract shall be determined by the Australian Courts. In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall constitute the conditions binding upon the parties. These Terms and Conditions of Sale supersede any other terms and conditions of business which have hitherto been operative (June 2009).
By placing your order with Teardrop Flags you are deemed to have read and accepted these terms and conditions of business.
Thank you for reading our Terms and Conditions before placing your order.

We also offer many other ranges of promotional flags and event banners for all uses and occasions.