Terms & Conditions
Terms & Conditions
These standard terms and conditions apply to all sale of products or provision of services by Haze Media Pty Ltd trading as Academic Media and its associated ventures.
ABN 29 109 140 089 (“Academic Media”) to any customer (“the Customer”).
Title to Products
Until the purchase price of the products and all other sums due by the Customer to Academic Media upon any account whatsoever have been paid or satisfied in full:
the products shall remain the property of Academic Media notwithstanding the delivery of the products and the passing of risk to the Customer;
Academic Media may at any time recover the products if they are in the Customer’s possession and re-sell the products if any payment owed by the Customer on any account is overdue;
for the purpose of so recovering the products, Academic Media its servants or agents may enter upon the Customer’s or other premises upon which the products are located;
the Customer shall possess all products on a fiduciary basis only; and
the Customer has the right to dispose of the products in the course of its business for the account of Academic Media and to pass good title to the products to its customer being a bona fide purchaser for value without notice of Academic Media’s rights. If the products are on-sold prior to Academic Media being paid in full then the sale proceeds are to be held in trust by the Customer for Academic Media.
Academic Media hereby limits the amount of its liability in the case where the products or services are not of a kind ordinarily acquired for personal, domestic or household use, at Academic Media’s option, to:
(a) In the case of products, any one or more of the following:
the replacement of the products or the supply of equivalent products;
the repair of the products;
the payment of the Cost of replacing the products or of acquiring equivalent products;
the payment of the Cost of having the products repaired; or
(b) In the case of services:
the supplying of the services again; or
the payment of the Cost of having the services supplied again.
Subject to the above, under no circumstances will Academic Media be liable for any loss or damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in products or services sold or supplied by Academic Media. It is the Customer’s sole responsibility to ensure that the products or services supplied are sufficient and suitable for the purposes of the Customer.
The Customer waives any claims, demands, causes of action or recoveries for punitive, exem¬plary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies Academic Media, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by Academic Media of any goods and services, including any liquor related products, which Academic Media may supply to the customer.
We deliver products using a combination of dedicated Academic Media drivers and 3rd party transport companies, depending on your location. Delivery costs may be influenced by the size and weight of the product(s) and your location. Delivery Cost are calculated in the shopping cart and will be added to the order total before checkout.
Academic Media is not liable for any delay in delivery of products or services ordered or any unavail-ability of products or services ordered.
Academic Media reserves the right to charge for delivery of products.
Link to current Freight charges.
For Direct Debit, payment by approved customers is to be made within 14 days of the issue of invoice.
Interest at the rate of 0.8% per calendar month (or part thereof) will be charged on all overdue amounts.
Credit card and Debit Card payments made online will incur a fee of 1.75%.
Recovery of Legal Costs and Collection expenses by Academic Media
In the event of non-payment of Academic Media’s Tax Invoice, Academic Media reserves the right to commence collection action and stop delivery of goods and/or services.
Legal action will include recovery of the whole debt including any and all legal Cost and disbursements incurred by Academic Media on a solicitor/client basis, and any collection expenses incurred.
The Customer shall indemnify Academic Media in respect of, and must pay to Academic Media on demand, any Cost and expenses incurred by Academic Media in enforcing any Charge, Guarantee, Mortgage, or Other Security, given by the Customer to Academic Media, including and not limited to collection Cost and expenses, and legal Cost incurred as a result of non — payment of Academic Media’s tax invoices, court or tribunal issue fees, solicitor Cost and expenses on a solicitor/client basis, witness expenses in relation to any defended action, barrister’s fees, expert witness fees if required, adjudicator’s expenses, and the like. The Customer agrees and acknowledges that such Collection Expenses do not constitute a penalty but Academic Media’s genuine and anticipated expenses incurred in the event that legal and/or collection action is commenced
The Customer shall also indemnify Academic Media in respect of, and must pay to Academic Media on demand, any taxes or stamp duties or other fees which may became due and payable in respect of any Charge, Guarantee, Mortgage, or Other Security given by the Customer to Academic Media.
Special Buy Ins
Special Buy Ins are products sourced specifically or made specifically for the Customer. These products are not returnable once ordered. The Customer warrants that any logos, photo¬graphs or other material provided by the Customer in connection with Specific Buy Ins do not infringe any rights of third parties and the Customer agrees to indemnify Academic Media from any claims, liability or expense relating to any breach of this warranty.
No other discount is valid with these offers. These products are not returnable once ordered.
Customer Specific Stock
Where Academic Media has purchased stock on behalf of the Customer for purchase by the Customer over time and the Customer does not comply with the agreed timeframe(s) for purchase (or 30-day notice from Academic Media in the absence of an agreed timeframe) then at Academic Media’s option any one or more of the following may apply:
Academic Media is entitled to charge a storage fee for such stock;
Academic Media may invoice the Customer for the whole (or any part) of the stock; and
Academic Media may arrange for the stock to be destroyed or otherwise disposed of (or used) in the event that the Customer fails to pay for and collect or take delivery of the stock, and all Cost so incurred shall be a debt due to Academic Media by the Customer.
Where appropriate, our products have been evaluated by an accredited 3rd party lab and have met safety requirements. For detailed testing information and certificates please contact us. Some items are classed as dangerous goods and cannot be shipped by airfreight and require an MSDS when shipping. Certain products cannot be shipped airfreight due to airline regulations.
Colours & styles
We work closely with our suppliers to ensure minimum colour variations between shipments. It is unavoidable with certain items due to manufacturing processes and dye lot variations. For product colours and styles if important please request a samples from current stock shipment. As we continue to improve our range slight product style changes/colour variations may occur without prior notice. We use various imprinting methods to print products. Including, but not limited to pad printing, direct digital printing, screen printing, sublimation printing, heat transfer, digital labels, epoxy doming, laser engraving. None of these methods (bar laser engraving) are absolutely permanent. Sunlight exposure, scratching, rubbing, cleaning, hand lotions, chemicals and general wear and tear can affect the durability of the print.
Promotional Scratches & Blemishes:
Some of our products may appear to have scratches, scuff marks and blemishe which occurs naturally during the manufacturing process. Shipping can make these excessive. We strive to identify any problematic items and polybag these wherever possible.
Pantone® Colour Matches
Please supply coated Pantone® colours when ordering screen/pad printed items. Utmost care is taken to ensure print colours match as closely as possible. Due to colour and nature of materials however, a 100% colour match is not guaranteed. All materials print differently so if your logo is applied to multiple items variations in print colour may occur.
Technology Compliance and & 12 month limited warranty
Our Power Banks and Wall Chargers are compliant with the necessary Australian / New Zealand standards. Look for the RCM logo. Copies of compliance certificates are available upon request. Products with a USB port or power supply carry a one year limited warranty, from date of purchase against manufacturer defects, and we will refund or replace (at our discretion). Item/s must be returned for assessment. Academic Media is strictly not liable for reimbursements, claims and damages that may have resulted from the unauthorised repair or restoration of these products. If item is returned and deemed to be faulty due to misuse, or found to be in working order, a return postage & handling fee may apply.
Confectionery is sourced from multiple manufacturers. Variations in bag & size may apply. Our confectionery packaging facility has been accredited by HACCAP – Australia’s food safety certification programme. Due to the manufacturing process some breakup of confectionery is unavoidable. Due to health regulations once confectionery has left our premises product cannot be returned for credit under any circumstances. We recommend confectionery is stored in a cool dry area with a temperature of less than 22 degrees. Flavours & colour may vary from shipment to shipment.
Stress Reliver Conditions
Stress reliever items are not toys or suitable for children or pets. Due to the characteristics of stress item material (PU) adequate force may cause them to tear especially on shapes that have size variations like necks, arms, legs and ears. This is not a fault of the product, and no claims will be considered. Stress item are meant to be squeezed not pulled. Stress relievers are made by hand and no two pieces are exactly the same. It is impossible to guarantee a consistent, uniform print. Broad print areas may break up and print may not be solid. We cannot guarantee colour matches. If in doubt, we recommend ordering a Pre-production proof (at extra cost).
Our plush items are individually sewn and stuffed and do vary from shipment to shipment. Variations in standing, sitting sizes and girth do occur. It is a condition of sale that buyers accept multiple sizes within these guidelines.
Brochure and Website Images/Content
To the best of our ability the products published online and in print are represented accurately. Items illustrated are to show personalisation techniques and not to imply they have been supplied to owners of the particular trademark. Product colours depicted may vary from actual products due to photographic reproduction. Typographical errors can occur during the development of web or brochure pages. Colours of our items on our website and in print may not be a true representation of real product and print colour as appearance can be altered through digital print and electronic display systems. Colour variations in product materials can occur, so colour of final product supplied can vary from original sample supplied.
Printed Products (includes diaries and yeabooks too)
Colour will vary during a print run and between each print run when printing in CMYK. While we make every effort to minimise colour variation there are many factors beyond our control that affect colour.
Variations in the paper making process, constraints of printing and even different temperatures can have an effect on the colour of your finished job.
By selecting a colour from the Pantone colour chart and making sure your order specifies the “map reference” of that colour and that your artwork is set up to the same CMYK breakdown, you will have the best chance of obtaining a colour close to your target colour.
Due to colour and nature of materials, an exact colour match is not guaranteed.
Academic Media is not bound to fulfil any order accepted into Academic Media’s computer system. Academic Media reserves the right to accept any order in whole or in part. Academic Media reserves the right to cancel any order or part there of. No order may be cancelled by the client after it has been accepted into Academic Media’s computer system.
Where the Customer is a company, society, association of persons, or trustee, Academic Media shall not be concerned to inquire into the powers of the Customer or its directors or other agents acting or purporting to act on its behalf, nor is Academic Media concerned to inquire into the powers of the trustee in order to ascertain whether the trustee is functioning within the terms of his trust, and any credit extended by Academic Media in reliance upon a professed exercise of such powers shall be deemed to form part of the principal debt and liability even where the obtaining of such credit shall be in excess of the powers of the Customer or the Directors or other agents aforesaid or of the trustee or shall be in any way irregular, informal or defective.
Any orders placed with Academic Media are on the basis of these terms and conditions unless otherwise expressly agreed in writing by Academic Media. In the event of any inconsistency between any terms and conditions in the Customer’s order and these terms and conditions, Academic Media will be deemed, by delivering the product to the customer or supplying services to the Customer, to have made an offer to the Customer, to sell the products or to supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the products or accepts the services.
The law of the State of New South Wales shall apply to these terms and conditions and sales by Academic Media.
Competition and Consumer Act 2010
This agreement must be read subject to the provisions of the Competition and Consumer Act 2010 (“CCA). If any provision of this Agreement is invalid or unenforceable by reason of the CCA, such provision shall be severed from the Agreement, and this will not otherwise render any other provision of this Agreement unenforceable.