1. These Terms and Conditions apply to every contract for the sale of goods or services by Metal Cards Australia to the Customer, unless Metal Cards Australia agrees otherwise in writing.
2. These Terms and Conditions are accepted by the Customer once the Customer places an order with Metal Cards Australia for goods or services. No purported cancellation or suspension of an order (or any part of an order) by the Customer is binding on Metal Cards Australia after that order has been accepted by Metal Cards Australia.
3. These Terms and Conditions are accepted by Metal Cards Australia when Metal Cards Australia confirms its acceptance of an order in writing or electronic means. All quotations are subject to withdrawal or variation by Metal Cards Australia at any time prior to Metal Cards Australia acceptance of an order by notice in writing to the Customer.
Full payment for all product and services is required upon submittal of an order. By submitting an order with Metal Cards Australia, the Customer agrees to consent to these Terms and Conditions. Although Metal Cards Australia do our utmost to ensure that all prices displayed on our website are accurate, errors may occasionally occur. If a pricing error is found in the price of a product you have ordered, we will contact the Customer as soon as possible. Metal Cards Australia accepts payment by direct bank deposit, Visa or Mastercard without penalty fees. However, Metal Cards Australia reserves the right to charge penalty fees if the agreed payment terms are not met. All invoices are sent via email to the customer (.pdf).
Prices quoted, whether in a price list, by written quotation or verbally, for the supply of goods and services, include GST and any other taxes or duties imposed on or in relation to the goods and services. The Customer must pay such GST, taxes or duties. Pricing includes the cost of delivery of the goods to the Customer to any one single address in Australia. However, Metal Cards Australia reserves the right to charge for the cost of delivery if the delivery location involves multiple locations or requires hand unpacking. Non standard or bespoke quotes are inclusive of freight to the Customer’s address only, unless otherwise specified.
Any written quotation provided by Metal Cards Australia to the Customer concerning the proposed supply of goods or services is: (a) valid for 14 days from the date of the quotation; and (b) not an offer to sell, and no order placed by the Customer in response to any quotation will bind Metal Cards Australia unless and until such order is accepted by Metal Cards Australia, acting in its absolute discretion. All quotations are subject to withdrawal or variation by Metal Cards Australia, at any time prior to Metal Cards Australia acceptance of an order by notice in writing to the Customer.
While every effort is made to ensure their accuracy, the descriptions, illustrations and material contained in any price list, brochure, leaflet, specification sheets or other descriptive materials provided by Metal Cards Australia to the Customer represent the general nature of the items described therein and do not form part of any order or Terms and Conditions and do not constitute a representation or warranty made by Metal Cards Australia.
PRODUCTION TIME AND DELIVERY
1. By submitting an order with Metal Cards Australia, the Customer accepts and understands that the turnaround time for all metal cards/metal products is a minimum of 3 weeks plus delivery. Metal Cards Australia will make every effort to produce the Customers metal cards/metal products in the most timely manner possible. However, the Customer must also acknowledge that occasionally delays may occur depending on workload and/or complexity of job.
2. Any period or date for production time, delivery of goods, or provision of services is intended as an estimate only and is not a contractual commitment. Metal Cards Australia will use its reasonable endeavours to meet any estimated dates for production time, delivery of the goods or completion of the services but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
3. Metal Cards Australia ships all products with reputable courier companies and/or Australia Post. We will not be held liable for any delivery delays where third parties are involved. If, through circumstances beyond Metal Cards Australia control, Metal Cards Australia is unable to effect delivery or provision of goods or services, then Metal Cards Australia may cancel the Customer’s order (even if it has already been accepted) by notice in writing including electronic means to the Customer.
4. Where delivery is requested by the Customer, to be left at an unattended address, Metal Cards Australia will not accept liability for any subsequent issues arising from that delivery.
5. If a shipment is returned due to an incorrect delivery address the return shipment will be charged.
NATURE OF THE PRODUCT AND PRODUCT VARIANCES
1. All metal cards/metal products are individually finished by hand and the Customer accepts that there can be small imperfections and variations between metal card to card (or metal product) and finishes. Some minor scratches may be present due to the nature of the material and production process.
2. It is the Customer’s responsibility to understand the nature of the various materials and impact of finishing options (e.g. cut-through, screen printing, etching, laser engraving, printed barcodes, magnetic stripes, electroplating etc). Metal Cards assumes that the Customer is fully aware of this impact before any orders are placed. The lifespan of finishing options may vary depending on individual usage and the conditions the products are kept in.
3. The silk screen printing process is used to apply inks to metal cards/metal products. The Customer acknowledges and accepts that inks may rub, chip or scratch off over time. No refunds or reprints can be offered if this occurs during the lifespan of the product.
4. All metal cards and products are individually finished by hand and the Customer acknowledges and accepts that there is an acceptable level of movement (up to 2mm) between metal card to card (or metal product) when the silk screen printing process is used. If Metal Cards Australia deems the printing to be within tolerance we reserve the right to refuse a reprint or refund.
5. The Customer acknowledges and accepts that there is an acceptable level of colour variation (10-15%) from production run to production run, from material to material, from back to front and between different production processes. Whilst every endeavour will be made to ensure that requested colours are matched, we cannot guarantee an exact match in colour or texture between the Customer’s artwork (including electronic graphic files or previously printed materials or any other materials supplied by the Customer or by Metal cards Australia) and the final delivered goods. Pantone colours are for reference only and are matched to as closely as possible. We DO NOT use Pantone branded inks. Inks may appear duller/different when printed onto metal compared to plastic or paper cards.
6. While we do have quality control processes in place, the Customer acknowledges and accepts that there are acceptable levels of colour variations, finishing variations (eg. cut-through, screen printing, etching, electroplating, anodising etc) and printing alignment variations.
7. During the manufacturing process, the cards/products are held in place using small tabs. It is normal to have slight marks on either side of the card once the card/product has been removed from the sheet of stainless steel.
8. The Customer acknowledges that product size and etching may vary by up to 1-2 millimetre from the proof, specification or print job to print job and that such variation will not constitute a fault in the print job.
9. Whilst every endeavour will be made to deliver the correct quantity of items ordered, due to the difficulties of producing exact quantities, Metal Cards Australia shall not be liable for delivering incorrect quantities and there will be no adjustment in the price if the quantity variation does not exceed 10% of the quantity specified in the order.
10. Metal Cards Australia requires any product to be returned in full before agreeing to a reprint or reproduction. If Metal Cards Australia deem the production to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund. The Customer must pay all freight charges associated with the return of goods.
1. It is the Customer’s responsibility to ensure that any materials supplied for production do not breach relevant copyright legislation. Metal Cards Australia accepts no responsibility for any copyright issues.
2. Metal Cards Australia reserves the right to modify the design, drawings or specifications supplied to Metal Cards Australia by the Customer which do not materially affect the quality or usage of the goods by the Customer, without notice.
3. All prices quoted are for the supply of Metal Cards Australia specified production ready artwork. No assumptions or judgements are made by Metal Cards Australia in relation to the correctness or acceptability of any electronic files supplied to us. It is the Customer’s responsibility to ensure that the electronic files supplied comply with Metal Cards Australia file specifications, requirements and that the files supplied are correct and able to be produced as soon as they are supplied. There will be variations between finished printed and manufactured products and the same file being printed on various proofing devices (ie. Inkjet printers and the like). Should any artwork corrections be required, Metal Cards Australia reserve the right to make such alterations and request subsequent approval from the Customer to proceed to produce. Any charges be associated for this artwork correction may be passed to the Customer, subject to prior notification.
CUSTOM ARTWORK DESIGN, ARTWORK PROOFS AND APPROVAL
1. Metal Cards Australia will supply a digital artwork design proof for approval before the Customer’s order is produced for all orders. Depending on complexity of artwork, turnaround time ranges from approximately 24-48 hours for custom artwork design. Approval of the design proof includes the acceptance of our Terms and Conditions outlined in this document.
2. We will not be held responsible for any viewing, mistakes, punctuation, spelling, layout or contact details. Metal Cards Australia will not commence production until we receive written confirmation to go to production either by email or post. Please also note that it is often necessary to reset and retype artwork even if ‘print-ready’ artwork is supplied by the Customer. Therefore, it cannot be assumed that proofs are free of typographical errors just because the source artwork is free of such errors. PLEASE CHECK ALL PROOFS PROVIDED BY METALCARDS.COM.AU THOROUGHLY.
3. Custom artwork design. As our graphic designers spend valuable time working on each metal card/metal product design to ensure that every design is just right, Customers must understand that all orders must be confirmed and paid for in full prior to the commencement of the design service. This service is non-refundable and logo design is not included. Metal Cards Australia owns the rights to any designs or logos created. Customers are able to purchase their artwork at a agreed price for use other than with Metal Cards Australia.
CLAIMS, RETURNS AND REPRODUCTION
1. All claims with regards to quality, defects, shortages, damage or non-compliance should be made in writing to Metal Cards Australia so as to reach us within 3 business days of delivery of the goods or such goods shall be deemed to comply as to quality and quantity within these Terms and Conditions.
2. If the Customer does not give the notice as required in clause 1, the Customer is deemed to have accepted the goods or services
3. When any defects, shortages, claim for damage or non-compliance with the specifications in these Terms and Conditions is accepted, Metal Cards Australia may, at its option, replace the defective or missing goods or re-supply the services. The Customer must pay all freight charges associated with the return of goods.
4. Metal Cards Australia will not accept goods for returns that have been altered in any way or have been used. The order must be returned in full.
5. No refunds will be provided for incorrect choice, or change of mind on product selection and/or finishing options.
1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of NSW and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeal courts from them.
2. Failure by Metal Cards Australia to enforce any terms of these Terms and Conditions shall not be construed as a waiver of any of its rights.
3. We are not bound by Customers own purchase order terms and conditions. Our full terms and conditions apply unless otherwise agreed by us previously in writing to the customer.
4. These Terms and Conditions constitute the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties, whether orally or in writing.
6. In this Agreement, unless the context clearly indicates otherwise: (a) “Agreement” means this agreement entered into for the provision of goods or services by Metal Cards Australia to the Customer and includes any document which varies, supplements, replaces, assigns or novates this agreement; (b) “Customer” means the person to whom any quotation is made and shall include any person contracting or offering to contract with Metal Cards Australia in accordance with this Agreement; (c) “Goods” means any goods provided to the Customer by Metal Cards Australia or procured by Metal Cards Australia for the Customer and includes printing proofs (both conceptual and final), and any printed/produced goods, products, material or artwork; (d) “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended; (e) “Intellectual Property” means copyright, patents, designs or trademarks (whether registered or unregistered), rights in confidential information (including trade secrets and know how), and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, whether conferred under statute, common law or equity; (f) “services” means the provision by Metal Cards Australia to the Customer of any services including, produced products, graphic design and printing; (g) “Metal Cards Australia” means Metal Cards Australia (ABN 29 286 565 492); (h) “Metal Cards Australia Materials” means all “works” and other subject matter in which copyright can subsist, and all data, information, materials, specifications and processes owned by or licensed to Metal Cards Australia.
7. Metal Cards reserves the right to use images of finished products for website and social media use without Customer consent. If the Customer does not want images of their finished product used, this must be made clear to Metal Cards by the Customer at the time of order.
8. Metal Cards Australia reserves the right to change their website/s and correct or update information on it (including pricing and product information) at any time without notice. Terms and Conditions are also subject to change without notice.