1. Definitions

1.1  “Seller” means EPM Print Group Pty Ltd (ABN 37 659 475 251), its successors and assigns, or any person acting on behalf of and with the authority of EPM Print Group Pty Ltd.

1.2  “Buyer” means the buyer (or any person acting on behalf of and with the authority of the Buyer) as described on any quotation, work authorisation, or other form provided by the Seller to the Buyer.

1.3  “Guarantor” means the person (or persons) or entity who agrees to be liable for the debts of the Buyer on a principal debtor basis.

1.4  “Goods” means goods supplied by the Seller to the Buyer (and, where the context permits, includes any supply of Services as defined below) as described on the invoice, quotation, work authorisation, or other form provided by the Seller to the Buyer.

1.5  “Services” means all services supplied by the Seller to the Buyer, including any advice or recommendations (and, where the context permits, includes any supply of Goods as defined above).

1.6  “Price” means the price payable for the Goods and/or Services as agreed between the Seller and the Buyer in accordance with clause 3.

1.7  “ACL” means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

1.8  “Privacy Act” means the Privacy Act 1988 (Cth), including the Australian Privacy Principles and Part IIIA (credit reporting).

2. Acceptance

2.1  Any instructions received by the Seller from the Buyer for the supply of Goods and/or Services, or the Buyer’s acceptance of Goods and/or Services supplied by the Seller, constitutes acceptance of these Terms.

2.2  Where more than one Buyer has entered into this agreement, those Buyers are jointly and severally liable for all payments of the Price.

2.3  Once accepted by the Buyer, these Terms are binding and may only be amended in accordance with clause 17.7.

2.4  The Buyer must give the Seller not less than fourteen (14) days’ prior written notice of any proposed change of ownership of the Buyer, any change in the Buyer’s name, or any other change in the Buyer’s details (including, but not limited to, changes in address, contact details, or business practice). The Buyer is liable for any reasonably foreseeable loss directly incurred by the Seller as a result of the Buyer’s failure to comply with this clause.

3. Price and Payment

3.1  Unless otherwise agreed in writing, the Price is either:

(a)  as indicated on the invoice provided by the Seller to the Buyer in respect of Goods and/or Services supplied; or

(b)  the Seller’s quoted Price (subject to clause 3.2), which is binding upon the Seller provided the Buyer accepts the Seller’s quotation in writing within ninety (90) days of the date of the quotation.

3.2  The Seller may vary the quoted Price where the Buyer changes the specifications, quantities, artwork, materials, or delivery requirements after the quotation is accepted, or where costs increase due to factors outside the Seller’s reasonable control (such as supplier price increases). Where practical, the Seller will notify the Buyer of any such variation and its effect on the Price before proceeding.

3.3  The Seller may require a deposit before commencing work. Any deposit requirement will be advised to the Buyer at the time of quotation or order.

3.4  Unless otherwise agreed in writing or stated on the invoice or quotation, payment is due in accordance with one of the following, as advised to the Buyer:

(a)  before production of the Goods and/or commencement of the Services; or

(b)  by instalments in accordance with a payment schedule agreed with the Buyer; or

(c)  for approved trade account Buyers, in accordance with the payment terms stated on the Buyer’s invoice or quotation.

3.5  Time for payment is as stated on the invoice or other relevant form. If no time is stated, payment is due seven (7) days from the date of the invoice.

3.6  Payment may be made by credit card (Mastercard & Visa Card), direct credit, Bank Cheque (Refer to Clause 3.7), or any other method agreed between the Buyer and the Seller. A surcharge of 2% of the Price applies to credit card payments where the Price exceeds $500.00, reflecting the Seller’s reasonable cost of accepting card payments for higher-value transactions. 

3.7.  Payment by Bank Cheque may be made by prior arrangement and agreement by the seller only.

3.8  GST and other applicable taxes and duties will be added to the Price unless expressly stated to be included.

4. Delivery of Goods

4.1  Unless otherwise agreed in writing, delivery of the Goods takes place when:

(a)  the Buyer takes possession of the Goods at the Seller’s premises; or

(b)  the Goods are delivered to the Buyer’s nominated address by the Seller or the Seller’s nominated carrier.

4.2  Delivery costs are additional to the Price unless otherwise stated in the Seller’s quotation or invoice.

4.3  The Buyer must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Buyer is unable to take delivery as arranged, the Seller may charge a reasonable fee, reflecting the Seller’s actual additional cost, for redelivery or storage.

4.4  Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.

4.5  The Seller may deliver the Goods in separate instalments. Each instalment will be invoiced and paid for in accordance with these Terms.

4.6  A delay in delivery does not entitle either party to treat this contract as repudiated, except where the delay is such that the Buyer no longer has any reasonable use for the Goods and the Seller has been given written notice and a reasonable opportunity to remedy the delay.

4.7  Subject to the Buyer’s rights under the ACL, the Seller is not liable for any loss or damage arising from a delay in delivery of the Goods, except to the extent the delay is caused by the Seller’s negligence or breach of contract.

4.8  Standard print industry quantity tolerances apply. The Seller may deliver and invoice for up to five percent (5%) more or fewer than the quantity ordered, and this variation does not constitute a short delivery or over-delivery for the purposes of these Terms. Any quantity within this tolerance will be charged or credited on a pro-rata basis at the per-unit Price.

5. Risk

5.1  Risk in the Goods passes to the Buyer on delivery, even where the Seller retains ownership of the Goods under clause 6.

5.2  If the Goods are damaged or destroyed after delivery but before ownership has passed to the Buyer under clause 6, the Seller is entitled to receive any insurance proceeds payable for the Goods to the extent of the amount owing by the Buyer for those Goods, and the Buyer must do anything reasonably required to give effect to this entitlement.

6. Title

6.1  Ownership of the Goods does not pass to the Buyer until:

(a)  the Buyer has paid the Seller all amounts owing for the particular Goods; and

(b)  the Buyer has met all other payment obligations owed to the Seller under any contract between the Seller and the Buyer.

6.2  Receipt by the Seller of any form of payment other than cash (by arrangement) is not deemed to be payment until that payment has been honoured, cleared, or recognised. Until then, the Seller’s ownership of the Goods continues.

6.3  Until ownership passes to the Buyer in accordance with this clause:

(a)  the Seller may, by written notice to the Buyer, require the Buyer to return any unpaid Goods still held by the Buyer, and the Buyer must comply with that notice within a reasonable time;

(b)  the Buyer holds the Goods, and any proceeds from any permitted on-sale of the Goods, on trust for the Seller to the extent of the amount owing, and must keep the Goods reasonably identifiable as the Seller’s property where this is practical to do;

(c)  the Buyer must not grant any security interest, charge, or other encumbrance over the Goods in favour of a third party; and

(d)  the Seller may issue proceedings to recover the Price of Goods sold notwithstanding that ownership has not passed to the Buyer.

6.4  The parties acknowledge that the Seller has not registered a security interest in the Goods on the Personal Property Securities Register. The Buyer acknowledges that, as a result, the Seller’s rights under this clause 6 may not be enforceable against third parties (including other secured creditors or a trustee in bankruptcy or liquidation) and operate only as between the Seller and the Buyer.

7. Misrepresentation

7.1  Nothing in these Terms limits or excludes any right or remedy the Buyer has under the ACL in relation to misleading or deceptive conduct, false representations, or other conduct prohibited by the ACL. Subject to that, the Buyer acknowledges that, in entering into a contract with the Seller, the Buyer has relied on its own skill and judgement as to the suitability of the Goods and/or Services for the Buyer’s purposes, except to the extent the Buyer has made that purpose known to the Seller in writing and the Seller has confirmed the Goods and/or Services are suitable for it.

8. Proofing and Customer-Supplied Artwork

8.1  The Buyer is responsible for carrying out a final proof reading and approval of all artwork, text, and layout before production begins. The Seller is not liable for any error, omission, or defect that was contained in artwork or copy approved by the Buyer and not identified during the Buyer’s final proof reading. Where the Buyer requests further alterations after providing approval, or after proofs have been issued in accordance with the brief, these will be invoiced as an additional cost.

8.2  Where style, type, or layout is left to the Seller’s judgement and the Buyer subsequently requests alterations to that work, the additional work will be invoiced as an extra.

8.3  Where the Buyer supplies artwork or files for reproduction, the Buyer is responsible for ensuring those files are supplied in a format, resolution, and colour profile suitable for the intended production method, in accordance with the file specifications made available by the Seller (see www.epmprint.com.au/resources/). The Seller is not liable for any variation in the appearance of the final printed Goods arising from files supplied by the Buyer that do not meet those specifications, including variations between on-screen (RGB) display and final print (CMYK) colour reproduction, except where the Seller identified and failed to disclose a known issue with the supplied files before proceeding.

9. Defects and Returns

9.1  The Buyer must inspect the Goods on delivery and, within three (3) business days of delivery, notify the Seller in writing of any alleged defect, shortage, damage, or failure to comply with the description or quotation (other than a quantity variation within the tolerance permitted under clause 4.8). The Seller will be given a reasonable opportunity to inspect the Goods. If the Buyer does not notify the Seller within this period, the Goods are taken to be free from any defect or damage, except for any defect that could not reasonably have been discovered on reasonable inspection within that time.

9.2  Where the Seller agrees, or is required under the ACL to accept, that the Buyer is entitled to a remedy for defective Goods, the Seller will, at its discretion and subject to the Buyer’s rights under the ACL, repair the Goods, replace the Goods, or provide a refund.

9.3  Nothing in this clause 9 limits any consumer guarantee, right, or remedy available to the Buyer under the ACL where the Buyer is a “consumer” as defined in the ACL.

10. Competition and Consumer Act 2010 and Fair Trading Legislation

10.1  Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy conferred on the Buyer by the ACL, the Competition and Consumer Act 2010 (Cth), or any corresponding fair trading legislation in any Australian State or Territory, except to the extent permitted by that legislation.

10.2  To the extent permitted by law, the Seller’s liability for breach of any consumer guarantee that cannot lawfully be excluded is limited, at the Seller’s election, to the resupply of the Goods or Services or the payment of the cost of having the Goods or Services resupplied.

11. Warranty

11.1  For Goods not manufactured by the Seller, the warranty applicable is the current warranty provided by the manufacturer. The Seller is not bound by, and is not responsible for, any term, condition, representation, or warranty other than that given by the manufacturer, except to the extent the Seller is liable under the ACL.

12. Intellectual Property

12.1  Where the Seller has designed, drawn, or written original artwork, designs, or documents for the Buyer, copyright in that material remains with the Seller unless otherwise agreed in writing, and the Buyer may use that material for the purpose for which it was created. Any other use requires the Seller’s prior written consent.

12.2  The Buyer warrants that any designs, artwork, trade marks, logos, or instructions provided to the Seller do not infringe the intellectual property rights of any third party, and the Buyer indemnifies the Seller against any reasonably foreseeable loss, cost, or liability arising from a third party claim that the Seller’s use of that material in accordance with the Buyer’s instructions infringes the third party’s rights.

13. Default and Consequences of Default

13.1  Interest accrues daily on overdue invoices, from the date payment becomes due until the date of payment, at a rate of one and one-quarter percent (1.25%) per calendar month, calculated on the outstanding balance.

13.2  If the Buyer defaults in payment of any invoice when due, the Buyer must reimburse the Seller for reasonable costs and disbursements actually incurred by the Seller in recovering the debt, including reasonable debt collection agency costs and legal costs reasonably and properly incurred.

13.3  Without limiting any other remedy available to the Seller, if the Buyer breaches any obligation under these Terms (including an obligation relating to payment), the Seller may suspend or terminate the supply of Goods and/or Services to the Buyer. The Seller will give the Buyer reasonable written notice of the breach and a reasonable opportunity to remedy it before suspending or terminating supply, except where the breach relates to non-payment of an overdue amount for more than thirty (30) days.

13.4  If any account remains overdue for more than thirty (30) days, the Seller may charge a reasonable administration fee, being the lesser of fifty dollars ($50.00) or the Seller’s actual reasonable administrative cost of managing the overdue account, to recover the cost of additional account administration directly caused by the late payment.

13.5  The Seller may cancel any unfulfilled part of an order, and all amounts owing to the Seller become immediately payable (whether or not otherwise due), if:

(a)  any money payable to the Seller becomes overdue and remains unpaid after the Seller has given the Buyer written notice and a reasonable opportunity to pay; or

(b)  the Buyer becomes insolvent, convenes a meeting of its creditors, proposes or enters into an arrangement with its creditors, or makes an assignment for the benefit of its creditors; or

(c)  a receiver, administrator, liquidator (provisional or otherwise), or similar person is appointed in respect of the Buyer or any asset of the Buyer.

14. Cancellation

14.1  The Seller may cancel any contract, or cancel delivery of Goods, at any time before the Goods are delivered by giving written notice to the Buyer, in which case the Seller will refund any amount paid by the Buyer in respect of the cancelled Goods. The Seller is not liable for any loss arising from such cancellation, except where the cancellation arises from the Seller’s negligence or breach of contract.

14.2  Where the Buyer cancels an order after work has commenced, the Buyer is liable for the Seller’s reasonable costs incurred up to the time of cancellation, including the cost of materials used, work performed, and any non-cancellable third-party costs committed on the Buyer’s behalf.

15. Privacy

15.1  The Buyer and any Guarantor consent to the Seller obtaining a consumer credit report about the Buyer and/or Guarantor from a credit reporting body, for the purpose of assessing an application for trade credit, in accordance with the Privacy Act.

15.2  The Buyer and any Guarantor consent to the Seller disclosing and exchanging information about the Buyer and/or Guarantor with credit providers named as trade referees by the Buyer, with other credit providers, and with credit reporting bodies, for the purposes of:

(a)  assessing an application for credit by the Buyer;

(b)  notifying other credit providers of a default by the Buyer;

(c)  exchanging information as to the status of this credit account where the Buyer is in default with other credit providers; and

(d)  assessing the ongoing creditworthiness of the Buyer and/or Guarantor.

15.3  The Buyer consents to the Seller using a consumer credit report to collect overdue payments owed on commercial credit, in accordance with the Privacy Act.

15.4  Personal information collected by the Seller will be handled in accordance with the Australian Privacy Principles and the Seller’s Privacy Policy (available at www.epmprint.com.au/privacy-policy/), and will only be used for the purposes of providing Goods and Services, assessing and managing credit, processing payments, administering the Buyer’s account, and other purposes permitted by law or agreed with the Buyer.

16. Unpaid Seller’s Rights

16.1  Where the Buyer has left an item with the Seller for repair, modification, or any other Service, and the Seller has not received the whole of the Price, or payment has been dishonoured, the Seller has:

(a)  a lien over the item for the unpaid Price;

(b)  the right to retain the item while the unpaid Price remains outstanding; and

(c)  subject to the Seller giving the Buyer reasonable written notice, the right to sell the item to recover the unpaid Price, with any surplus proceeds (after the Seller’s reasonable costs of sale) returned to the Buyer.

16.2  The Seller’s lien under this clause continues despite the commencement of legal proceedings, or judgment for the Price having been obtained.

17. General

17.1  If any provision of these Terms is invalid, void, illegal, or unenforceable, the remaining provisions continue in full force and are not affected.

17.2  These Terms, and any contract to which they apply, are governed by the laws of Queensland and are subject to the non-exclusive jurisdiction of the courts of Queensland.

17.3  Subject to the Buyer’s rights under the ACL, the Seller is not liable to the Buyer for any indirect or consequential loss (including loss of profit) arising from a breach of these Terms by the Seller.

17.4  Subject to the Buyer’s rights under the ACL, the Seller’s liability to the Buyer for breach of these Terms is limited to the Price of the Goods and/or Services giving rise to the claim.

17.5  The Buyer must not set off against, or deduct from, the Price any amount claimed to be owed to the Buyer by the Seller, except as required by law or as otherwise agreed in writing by the Seller.

17.6  The Seller may engage subcontractors to perform all or part of its obligations under these Terms but remains responsible to the Buyer for the proper performance of those obligations.

17.7  The Seller may review and update these Terms from time to time. Any change will take effect, for new orders, from the date the updated Terms are published on the Seller’s website or otherwise notified to the Buyer. Where a change is material and adversely affects the Buyer, the Seller will give the Buyer at least fourteen (14) days’ notice before the change takes effect for new orders, and the Buyer may, by written notice given within that period, elect not to proceed with any order not yet accepted by the Seller without liability for cancellation under clause 14.2. Changes do not apply retrospectively to orders already accepted by the Seller prior to the change.

17.8  Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent the failure or delay is due to an event beyond that party’s reasonable control, including an act of God, war, terrorism, industrial action, fire, flood, or storm.

17.9  A failure by the Seller to enforce any provision of these Terms is not a waiver of that provision, and does not affect the Seller’s right to subsequently enforce it.

These Terms were last updated 18th June, 2026  and supersede all previous versions.