Terms and Conditions
By engaging Team Merch Sportswear Pty Ltd A.C.N. 624 570 056 (‘us/we’) to conduct design work for you, you agree to be bound by the following terms and conditions (‘terms’).
For that reason, these terms are important and you should ensure that you read them carefully and contact us with any questions before you engage us to conduct design work.
You can contact us on 1300 157 857 or via email to [email protected].
You acknowledge and agree that, as between you and us, we own all intellectual property rights under Australian and international laws, to all design work that we create. Nothing in these terms constitutes a transfer of our intellectual property rights.
We grant you a licence to use our designs for the purpose in which we create them. We reserve all other rights to our designs. You must obtain our prior written consent to any other use.
If you engage us to produce merchandise using designs created by you, you warrant that you own the intellectual property to those designs. You indemnify us from any liability for loss suffered by a third party caused by a breach by you of this warranty.
You grant us a licence to the designs for all uses related to the purpose for which you have engaged us.
You must notify us prior to engaging us to produce merchandise using designs created by a third-party. In such event, you warrant that you have either acquired from that third-party the intellectual property to those designs, or a licence to use them for the purpose for which you wish to engage us.
You indemnify and release us from any liability for loss suffered by a third-party, or for any loss suffered by you, caused by a breach by you of this warranty.
Design and Production Approval
Before commencing production, we may issue you with the following for the merchandise you have engaged us to produce:
- a quotation;
- a production layout; and
- a visual presentation;
Where our supply to you of any merchandise attracts a goods and services tax (‘GST’), any quotation we have provided you excludes any GST payable on that supply. You agree that the amount you must pay will be increased by the amount of any GST, which will be added as a separate item to the invoice we provide you.
By signing these terms you confirm that:
- you have carefully reviewed, and do not require any change to, any order details we have provided you; and
- you commit to the purchase of the merchandise from us in accordance with the order details we have provided you.
Please ensure therefore that you have carefully reviewed any order details we have provided you, and requested any changes you require, before signing these terms.
We offer all new clients the opportunity to view samples of our products prior to engaging our services. These products are made available when in stock and will be sent free of charge for your assessment. Should the client fail to return any or all of the products sent when requested then the client is liable to compensation for said items. Each item is charged at $90 + GST to replace. A shipping charge of $40 + GST will also be applied. These charges will be sent via invoice to the relevant client for immediate payment. Failure to pay the invoice upon receipt will result in the commencement of debt collection activities.
We make all efforts to ensure that our merchandise is of the highest quality and produced in accordance with any order details we have provided you. Occasionally, minor variations will occur, or modifications may be required, due to the materials available and other factors in the production process beyond our control.
By accepting these terms, you agree to such minor variations or modifications should they occur.
To the full extent permitted by law we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these terms.
These terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Continuation of terms
Your acceptance of these terms continues to any further use of our website or engagement of us, unless these terms are varied by us.
If a provision of these terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.