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By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Agreement means these terms and conditions. Pakko, (We) and similar expressions means Pakko Pty Ltd (ABN 27 616 401 355). The Applicant, (You) and similar expressions means you, the person or party, jointly or severally if more than one, acquiring or proposing to acquire Goods from us. ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth). Consequential Loss includes loss of use, lost production, lost income or profits, loss of opportunity, lost savings, increased or wasted expenses, delay or lost time, loss of or damage to goodwill, increased operating costs, wasted or increased financing costs, loss of or damage to data or records, loss of or unavailability of or damage to tangible or intangible property, claims made against you by others, losses or costs or expenses associated with identification, investigation, assessment, repair, replacement or servicing and any other economic loss or damage and any other special, indirect or consequential loss or damage. Consumer has the definition given to it in the ACL. Customised Goods means any Goods that are not our standard goods, including Goods that include your logo or design. Goods means goods supplied, or to be supplied, by us to you, including Pakko cardboard boxes. Intellectual Property Rights means any and all rights existing from time to time under patent law, design law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, now or in the future in force and effect worldwide.
2. Acceptance of Agreement and Orders
This Agreement applies if we accept any order from you (whether on C.O.D, or on Accounts) and is binding from the moment that we accept such order from you even if we do not tell you that it has been accepted. We are not obliged to accept any order from you, even if we have provided a quotation.
3. Customised Order
3.1 Review and approval of proofs and samples. If you have placed an order for Customised Goods, then we will submit pre-press proofs and/or samples for you to review and approve. You must notify us in writing of your approval.
3.2 No liability once approved. We will accept no liability nor responsibility for productions errors if: (i) proofs or samples are not required by you; or (ii) the work is printed in accordance with your approval.
3.3 Cutting Formes/ Stereos & Blocks remain the property of Pakko and will be disposed of after 24 months from last job order.
4.1 Price. Unless otherwise stated in a quotation, prices quoted for Goods will be current for 14 days from the date of the quotation, and unless otherwise stated do not include freight, insurance, goods and services tax (GST)
4.2 Variations and impact on price. If you request any variation to the Goods or terms of provision of such Goods, we may increase the price to account for the variation. We will notify you in writing of any such increase.
5. Payment Terms
5.1 When payment is due. Except where we have extended credit to you, payment for Goods is due at the time we accept your order.
5.2 When payment is due – credit account. Upon your request, we may at our discretion agree in writing to extend credit to you. If we agree to extend credit to you, then you must make pay any outstanding sums under the credit account within 30 days net of invoice.
5.3 Customised Goods for C.O.D Customers. Notwithstanding the above, a non-refundable deposit of 50% of the full purchase price must be paid before we will process your order for Customised Goods. The balance is due and payable when we notify you that the Goods are ready for delivery or collection (as the case requires).
5.4 Cheque and EFT payments. Payment by cheque or by electronic funds transfer is only deemed made when the proceeds have cleared. If a cheque that you provide to us bounces, then you must pay us an administration fee of $30.00.
5.5 Refunds and Returns. In the result of a Refund the Customer is subject to:
*Refunds & Returns are subject to / Pending condition of returned items received and must be in a resellable condition
6.1 You may not cancel an accepted order. If we are unable to deliver or provide the Goods then we may cancel your order (even if it has been accepted) by written notice to you. If we cancel your order, we will return any deposit paid by you for that order. We are not liable for any loss or damage whatever arising from such cancellation of an order.
7.1 What happens if you do not pay on time or default. If any amount you owe us is not paid by the due date then all of the monies that you owe us on any account becomes immediately due and payable without the requirement of any notice from us to you. In that case, and also if at any time you breach this Agreement we may at our discretion do any or all of the following:
a. Suspend supply. Suspend the delivery of Goods;
b. Cancel orders. Cancel any outstanding orders;
c. Interest. Require that you pay interest on any overdue amount calculated on daily balances commencing from the due date for payment at the rate of the Westpac Indicator Lending Rate effective from time to time plus 8% per annum;
d. Administration fees. If payment is not made within 30 days after the due date, charge you a monthly administration fee of the greater of $30.00 or 10% of the overdue amount, and
e. Recovery and other costs. Charge you for any reasonable costs and expenses incurred by us as a consequence of or in seeking to recover payment or otherwise resulting from your default including but not limited to dishonor fees, representation fees, debt recovery agent fees and commissions and all legal costs and expenses; and you indemnify us against all such costs and expenses.
8.1 Delivery. Unless you and we agree that you will collect the Goods, we will arrange for delivery of the Goods to the address you nominate on the order, or if you have not nominated a location, then to the address we have for you on file. However you are liable for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the Goods to the point of delivery to you.
8.2 Collection. If you and we have agreed that you will collect the Goods:
a. you must collect the Goods within 5 days of being advised they are ready, or
b. if you do not collect the Goods within this time, you will be deemed to have taken delivery of the Goods and we may at our discretion require you to pay storage charges for the period between when we advise the Goods are ready and the date you collect such Goods.
8.3 Delivelivery are estimae estimates. Any period or period or date fo delivery of G Goods by us is an estimate only and not a contractual commitment. We will use our reasonable endeavors to meet any estimated dates for delivery of the Goods but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
8.4 Quantities. We will make every effort to deliver the correct quantities ordered, orders are conditional upon a margin of 10% being allowed for overs or under.
9. Title and Risk
9.1 Title passes upon full payment. Until we receive full payment in cleared funds for the Goods:
a. title and property in such Goods remains vested in us and does not pass to you;
b. you must hold such Goods as fiduciary bailee and agent for us, and if you sell such Goods, you must hold the proceeds of the sale of such Goods in trust for us in a separate account (however failure to do so will not affect your obligation to deal with the proceeds as trustee);
c. you must keep such Goods separate from your goods and maintain our labelling and packaging;
d. we may without notice, enter any premises where we suspect such Goods are and remove them, even if they are attached to other Goods that are not our property, and for this purpose you irrevocably authorised us and our servants and agents to enter such premises or vehicle owned, leased or otherwise occupied by you, or by any of your agents or associates and you indemnify us and our servants and agents from and against all costs, claims, demands or actions by any party arising from such action.
9.2 Repossession and disposal. If we exercise our rights under 9.1(d), we may dispose of the Goods removed and may claim from you the loss to us on such disposal.
9.3 Risk. The risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to you immediately upon the Goods leaving our premises for delivery to you, or if we store Goods that are ready for your collection then from the time that we notify you that the Goods are available for collection. At such time all risk of loss, damage or shortage will pass to you.
9.4 Insurance. We strongly recommend that you arrange transit insurance prior to delivery of the Goods.
9.5 You assume all risk and liability for loss, damage or injury to persons or to your property, or third parties arising out of the use or possession of any of the Goods, unless recoverable from us on the failure of any statutory guarantee under the ACL.
10. Credit Account
10.1 Application for credit account. If you have completed the Credit Account Application Form in Annexure A,then you hereby apply for a credit account with Pakko.
10.2 Credit limit. Pakko may, in its sole discretion, approve your application for a credit account and such approval will be for such credit limit amount determined by Pakko from time to time. Pakko may at any time and for any reason at its discretion vary the credit limit provided to you or refuse to supply any Goods to you on credit.
10.3 Reliance on Applicant’s information. You understand that if Pakko approves to provide you with a credit account, such approval is provided on the basis of and in reliance on any information provided by you or on your behalf, including information provided in this application and in financial accounts that may be requested by Pakko. If any material change to any such information occurs during the time any credit is provided, you must inform Pakko in writing immediately.
10.4 Pakko may refuse credit. If in a particular case we give you credit we may decline to give you further credit at any time. If we do decline to give you further credit then that decision does not affect the credit terms which apply to any amounts you then owe to us.
11. Applicant’s authorisation
11.1 The Applicant authorises Pakko to make such enquiries as Pakko deems necessary in order to assess the Applicant’s application for credit, including obtaining reports from businesses which provide information about the credit worthiness of persons and companies and obtaining reports and information from persons nominated by the Applicant as referees.
11.2 The Applicant confirms that the referees noted in this application may be contacted to obtain information about its credit history (amongst other things) to support this application.
11.3 The Applicant agrees that if this application for credit is granted it is subject to the terms of credit set out in this Agreement. In executing this Agreement the Applicant agrees to be bound by each of those documents, notwithstanding any provision to the contrary which appears on any order form or other document provided by the Applicant or on the Applicant’s behalf. These terms may not be varied unless made in writing and signed by Pakko.
11.4 The Applicant agrees to immediately notify Pakko in writing if there is any change of ownership or alteration to the registered particulars of the Applicant and the Applicant shall provide full details of such change.
12. Personal Property Securities Act
12.1 Purchase money security interest. You acknowledge and agree that in each case we have a purchase money security interest under the Personal Property Securities Act 2009 (PPSA) attaching to the Goods and any proceeds of sale of those Goods to secure the payment by you to us of the purchase price and any applicable costs, charges and interest payable. You authorise the registration of such an interest on the Personal Property Securities Register. You have not agreed to postpone the time for attachment of the security interest granted to us under these conditions.
12.2 What you must do. You must: (a) pay all costs (including legal costs) incurred in the registration and maintenance of the security interest; (b) do all acts and sign all documents necessary to perfect our security interest, and to provide more effective security over the Goods and proceeds from the Goods as necessary; (c) keep full and complete records of the Goods; and (d) not change your name, address or contact details without providing us prior written notice.
12.3 Perfect security interest. You agree to perfect and continuously maintain perfection of any security interest that itself forms part of the Goods and proceeds from the Goods and do everything necessary to ensure that a third person cannot acquire an interest in the Goods and proceeds from the Goods free of the security interest, if you still owe us anything in connection with the Goods.
12.4 Waiver of notices. Unless otherwise agreed to in writing by the parties, you waive your right to receive any notices or verification statements under the PPSA.
12.5 Exclusion of certain conditions. If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising out of these conditions, you and we agree that each of the provisions of the PPSA which s115 of the PPSA permits parties to contract out of, other than ss 117, 118, 134(1) and 135, do not apply to the enforcement of that security interest unless we at our absolute discretion otherwise notify you in writing.
12.6 No disclosure without approval. Pursuant to section 275(6) of the PPSA, you agree that you will not disclose information pertaining to our security interest without our prior written approval.
12.7 Goods are commercial property. You warrant to us as an essential condition that you are not acquiring the Goods for use (nor will you use them), predominantly for any personal, domestic or household purpose. You acknowledge that accordingly all of the collateral under each security interest is commercial property.
12.8 Class of collateral. The collateral to which the security interests attach in each case is respectively each of the items comprising the Goods, and which as the case requires are items belonging to the “Other Products” class of collateral or otherwise to the corresponding class or classes of collateral we identify from time to time. The collateral to which the security interests attach in each case includes any particular such item of the Goods, that is or may be held by you as inventory; and also includes any proceeds of that collateral (within the meaning of the PPSA ), which proceeds you agree are properly describable (for the purposes of the PPSA) as “all present and after-acquired property”.
13. Directors’ Guarantee
3.1 Guarantee required. If you are a company, trust or partnership, then at least one director, principal or partner (as the case may be) must provide the guarantee set out in Annexure B.
13.2 Joint and several liability. All guarantors shall be jointly and severally liable for performance of all of the terms and conditions of this Agreement.
13.3 Authorisation to exchange information. You and the guarantors jointly and severally authorise us to exchange information about the creditworthiness of you and the guarantors with any credit reporting agency at any time during the term of this Agreement.
14. Defects, Returns Warranties
14.1 Notification of issues with Goods. Subject to clause 14.2, we will not be liable for any shortages, damage or non-compliance with your specifications in an order unless you notify us within 24 hours of delivery with full details and description, and failing such notification you are deemed to have accepted the Goods. When you sign any delivery or consignment note or similar document on receipt of a delivery, that is conclusive evidence that you received the delivery without any shortage or damage that would have been visible on taking delivery without unpacking the Goods.
14.2 No limitation on your statutory rights. We make no express warranties or representations other than set out in this clause 14Nothing in this Agreement excludes, restricts or modifies any terms, conditions or warranties that are imposed or implied by any statute, including but not limited to the Competition and Consumer Act 2010 (Cth). Limitations and exclusions are made only to the extent that we may legally do so.
14.3 Warranty. You may have the benefit of consumer guarantees under the ACL, and in such cases clauses (a) through to (c) below apply: (a) our Goods come with guarantees that cannot be excluded under the ACL; (b) you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure; and (c) the benefits of this warranty are in addition to any rights and remedies imposed by Australian State and Federal legislation that cannot be excluded and where this clause is inconsistent with any other provision of this document, this clause will prevail. Our liability to you is limited to the options set out in this clause 14.
14.4 What we warrant. Subject to clauses 14.2, 15.1 and 14.10, we warrant that the Goods will be free from defects in materials and workmanship under normal use and service for a period of 6 months from the date of delivery.
14.5 What you must do. It is your responsibility to satisfy yourself that the Goods can attain the performance level required in the environment and context in which it is to be used and that the Goods are fit for the purpose for which it is intended to be used by you.
14.6 What we will do if there is a defect. If a defect in the Goods appears before the end of the warranty period and we find the Goods to be defective in materials or workmanship, we will (at our sole discretion) replace the Goods or pay for the cost of replacing the Goods.
14.7 Excludable terms and conditions. Where you are not a Consumer under the ACL, and to the extent that the law permits:
a. Pakko gives no condition, warranty or representation as to ownership, description, condition, merchantability, suitability or fitness (for a particular or any purpose) of the Goods and no such term, condition or warranty will be implied.
b. All terms (whether express, implied, oral or otherwise) not expressly stated in this Agreement are excluded; and
c. (We shall not be liable to you in respect of any loss or damage (including loss of profits, loss of revenue, loss of opportunity, loss of use, loss of goodwill or any other direct or indirect loss or damage whatsoever) whether arising in contract, tort (including negligence), equity, pursuant to statute or under any other principle of law.
14.8 When we will not accept returns. Subject to clause 14.2, this warranty will not apply and we will not accept Goods for return: (i) where the Goods are not returned at your cost within 7 days of the delivery date; (ii) where the Goods have not been stored or used in a proper manner (e.g. by leaving the Goods in unprotected weather); (iii) where the Goods have been altered in any way; (iv) where the Goods are not in their original condition and packaging; (v) where there has been failure on the part of you to follow any instructions or guidelines provided by us; (vi) if the Goods have continued to be used after any defect becomes apparent or would have become apparent to a reasonably prudent user; or (vii) due to fair wear and tear, any accident or act of God.
14.9 Descriptions are not warranties. Any description of the Goods provided to you is for sole purpose of identifying them and does not constitute a warranty. In the interest of product improvement, we reserve the right to change materials of construction and/or Goods design without notifying you.
14.10 What to do to claim warranty. If a fault covered by warranty occurs, you must first contact us at our main place of business or such other place as we may direct you to. A warranty claim must be accompanied by: (i) proof of purchase; (ii) full details of the alleged defect, and any other relevant documentation. You must bear the cost of transport and insurance of the Goods to and from us to make the warranty claim.
15.1 Limitation of liability. The replacement of the Goods or part of the Goods is the absolute limit of our liability under this Agreement. If you on-supply the Goods to a person who is not a Consumer and the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the amount specified in section 276A(1) of the ACL is the absolute limit of our liability to you howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Goods by you or any third party. If you on-supply the Goods to a person who is a Consumer a, payment of any amount required under section 274 of the ACL is the absolute limit of our liability to you. Howsoever arising under or in connection with the sale or any other dealings with the Goods by you or any third party.
15.2 Consequential Loss. We are not liable for, and you do not rely on being able to claim against us for, any loss or damage or any indirect or Consequential Loss or expenses suffered by you or any third party, howsoever caused. We are not liable to the extent that something was caused or contributed to by your negligence or by the negligence of your employees, consultants or agents or of any third party.
16. Intellectual Property
16.1 Pakko and/or its associates own all right, title and interest in and to the Goods including without limitation allIntellectual Property Rights in the Goods and nothing in this Agreement alters or transfers those rights.
17. Your Warranties
17.1 We rely on the following warranties from you as essential conditions: (a) you have obtained all necessary licenses or permits under all relevant laws and regulations in relation to the Goods; (b) where you are a natural person, at all times during the term of this Agreement you are not bankrupt, and you have not entered into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors; (c) where you are a company, trust or partnership, at all times during the term of this Agreement you have not committed an act of insolvency, or entered into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of its creditors generally, or had a liquidator, administrator, receiver, manager or similar functionary appointed in respect of your assets, or had any action taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of your corporation; and (d) that the persons’ whose signatures appear on this Agreement are duly authorised by you to apply for credit and execute this Agreement.
18. Force Majeure
18.1 Neither party will be liable to the other for any failure to perform its obligations under this Agreement where such failure or delay is caused by events beyond its reasonable control, including industrial disputes, strikes, lockouts, acts of god, acts or threats of terrorism or war (“Force Majeure”) provided such failure or delay could not have been prevented by reasonable precautions or could not have reasonably been circumvented by the non-performing party by means of alternate sources, workarounds or by using its best endeavours. However, the foregoing does not apply if the Force Majeure event is caused by a breach of this Agreement by the non-performing party. If an event of Force Majeure occurs, we may suspend or terminate an order by written notice to you.
19.1 Entire agreement. This Agreement together with any purchase order contains the entire understanding between the parties concerning its subject matter and supersedes all prior representations and communications.
19.2 Amendment. Except as permitted under clause 3 (Price), this Agreement cannot be amended or varied except in writing and signed by the parties.
19.3 Severability. If any term or provision of this Agreement is held by a court to be illegal, invalid or unenforceable under any applicable law, that term or provision will be severed from this Agreement, and the remaining terms and conditions will be unaffected.
19.4 No waiver. Our failure to enforce any of the provisions of these conditions will not be construed as a waiver of any of our rights.
19.5 No set-off. You may not set off any money we owe you against any money you owe us.
19.6 Survival. Clauses 15 (Liability), 16(Intellectual Property), 17 (Representations & Warranties), together with any other clauses which contemplate that a party has any rights or obligations after the end of this Agreement, survive the expiry or termination of this Agreement.
19.7 Notices. A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed to be received upon confirmation of successful transmission.
19.8 Governing law and jurisdiction. This Agreement is governed by, shall be and construed in accordance with the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts hearing appeals therefrom.
19.9 Discounts. If not specified all Discounts sent out are applicable to Pakko’ Online Store Stockline Only
19.10 Promotion Discounts T&C’s for all Promotional Discounts are available here
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