terms and conditions
Terms and Conditions of Supply
- You have requested Luddite Pty Ltd ACN 653 599 190 trading as Mr Stubby (Mr Stubby) to provide a quote for the design and supply of stubby holders (Goods) via Mr Stubby’s website (www.mrstubby.com.au) or via email to Mr Stubby (Request for Quote).
- This is a quote issued to you from Mr Stubby for the design and supply of Goods and sets out the proposed terms and conditions for the same (Quote).
- The approximate size of the design that can be printed on the Goods is 215mm x 110mm with a 5mm blank border within the design, being a 5mm margin within and from the edge of the design that does not contain any design information.
- If you provide Mr Stubby with your own design, then You must ensure that there is a 5mm bleed area, being a 5mm margin extending beyond the edge of the design that can be trimmed off.
- If you wish to personalise individual stubby holders, you agree that there will be an additional cost of $1.00 per Good supplied.
- Once you accept this Quote, Mr Stubby will provide a design proof (Proof) based on the instructions provided in your Request for Quote (Instructions) for your approval.
- Once you approve the Proof:
- there can be no further variations of the Instructions; and
- Mr Stubby will commence production of the Goods upon payment being made pursuant to clause 5(a).
- By approving the Proof, you agree that:
- the Proof is correct;
- you have carefully checked the Proof for any errors and omissions including those of a spelling, typographical and clerical nature (Errors);
- that Mr Stubby is not responsible or liable for any Errors in the design of the finished Goods and you release Mr Stubby from all liability relating to the same.
- You acknowledge that the Instructions will be relied upon by Mr Stubby in preparing the Quote and you agree that variations to the Instructions after the Quote has been accepted (other than variations to the design before the Proof is approved) may increase the quoted fees and costs.
- Payments are to be made by either electronic funds transfer or credit card to the accounts advised to you by Mr Stubby in writing.
- Unless you instruct us in writing otherwise, You acknowledge and agree that Mr Stubby may apply its logo to the final design applied to the Goods and that notwithstanding this:
- the Goods are deemed to comply with the Proof and the Instructions; and
- You agree that the Goods do not give rise to any right by you to seek a refund or replacement under clause 8 and you waive all such rights against Mr Stubby, insofar as it is permitted at law.
- You will be deemed to have accepted the Proof, and an agreement will be formed between Mr Stubby and you for the design and supply of Goods on the terms and conditions set out in the Quote as varied by the Proof, if you:
- advise us in writing or verbally that You have accepted the Proof; or
- continue to instruct us in writing or verbally to design and supply the Goods after being sent the Proof, notwithstanding that you may not have expressly accepted the Proof
- Unless you provide a physical swatch sample, Mr Stubby makes no warranty that the colours printed will match the design provided.
- If colour matching is required, you must send Mr Stubby a swatch sample of the colour requested prior to the Proof being completed and approved.
- Mr Stubby endeavours to match the colour specifications in the Instructions, however, you acknowledge that there may be slight colour variations in the final Goods supplied and you agree to accept the Goods notwithstanding such variations.
5 Minimum Order
6. If the Request for Quote specifies less than 10 Goods, Mr Stubby may, at its absolute discretion, charge a set-up fee of $15.00.
- In consideration of Mr Stubby designing and supplying the Goods to you, you agree to pay the amounts set out in the Proof and any other amounts provided for under this agreement (Consideration) in accordance with the same.
- The Consideration must be paid on the earlier of:
- the Proof being approved; or
- within 14 days from the date Mr Stubby issues you with an invoice for the design and supply of the Goods (Invoice).
- Mr Stubby:
- may issue an Invoice to you at any time on or after Acceptance occurs; or
- must issue an Invoice to you upon your request.
- Mr Stubby will endeavour to dispatch Goods ordered within 10 business days from Consideration being paid.
- An additional $50 is charged on priority orders where additional delivery costs are incurred.
- You agree that Mr Stubby will not be liable for any Goods lost, damaged or delayed as a result of any circumstance beyond Mr Stubby’s control, including loss, damage or delay caused by third party logistics providers, and you release and indemnify Mr Stubby from any claims, loss, damages and liability suffered by you arising from the same.
- Any party may terminate this agreement at any time prior to the Proof being approved by giving written notice to the other party and upon termination, each party will be released of their obligations to the other.
- If you terminate this agreement after the Proof is approved, then you will be liable to pay Mr Stubby the Consideration and any other amounts payable pursuant to this agreement.
10 Replacements or Returns
- Subject to your rights under the Australian Consumer Law, Mr Stubby will not replace or refund any Good purchased except for the following reasons:
- where Goods are damaged, torn or otherwise unable to be used to hold a standard 375ml beer bottle at the time of delivery to you; or
- subject to clauses 2(i) and 3(a), where Goods do not comply with the Quote in quantity, size, colour or design as accepted in writing by you
11 (Faulty Goods)
- Claims you make to Mr Stubby to replace or refund the cost of Goods that you allege to be Faulty Goods will only be valid and considered if:
- they are in writing providing adequate details for why the Goods are Faulty Goods;
- made within 14 days of the Goods being delivered to you; and
- you return the Goods to Mr Stubby for inspection (Inspection) at your cost.
- If following the Inspection, Mr Stubby considers the Goods to be Faulty Goods then it may, at its absolute discretion, elect to:
- replace the Faulty Goods; or
- refund you the Consideration paid to Mr Stubby for the Faulty Goods.
- Without limiting clause 8(a), Mr Stubby will not replace or refund any Good due to your change of mind.
You agree that you have the legal right to all content, including photographic images and logos that you supply for use in the design, and that this complies with Australian Copyright Laws.
- You release and indemnify Mr Stubby and its officers, employees and agents from and against all actions, claims, proceedings and demands which may be brought against it or them, whether on their own or jointly and whether at common law, under tort (including negligence), contract, pursuant to statute or any other cause of action, in respect of any loss, injury or damage (whether direct or consequential, including consequential financial loss), arising out of your:
- use of images in breach of Australian Copyright Laws; or
- use of the Goods; or
- inability to use the Goods.