Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions govern all quotations, orders, purchases, transactions, products, services and dealings between Purnell Trophies and Apparel Pty Ltd ABN 15 122 543 480 ("Purnells", "we", "our" or "us") and any customer ("Customer", "you" or "your").
By:
• entering or remaining on any Purnells premises;
• accessing, browsing or using our website;
• requesting a quotation or estimate;
• accepting a quotation;
• placing an order;
• submitting a purchase order;
• approving artwork, proofs or production specifications;
• making payment in whole or in part;
• collecting goods;
• accepting delivery of goods;
• providing materials, artwork or products for processing;
• engaging Purnells to provide any goods or services; or
• otherwise conducting business with Purnells,

you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, as amended from time to time.

These Terms and Conditions apply to all transactions between Purnells and the Customer unless expressly varied in writing and signed by an authorised representative of Purnells.
Where a Customer places an order, requests a quotation, approves artwork or otherwise engages Purnells on behalf of:
• a company;
• business;
• partnership;
• trust;
• incorporated association;
• sporting club;
• school;
• educational institution;
• local government authority;
• government department;
• community organisation; or
• any other entity,
that person warrants and represents that they have full authority to act on behalf of that entity and to legally bind that entity to these Terms and Conditions.
The Customer acknowledges that Purnells may rely upon any instruction, approval, confirmation, artwork approval, purchase order, payment or communication received from a person reasonably believed by Purnells to be acting on behalf of the Customer.

Failure by the Customer to read these Terms and Conditions does not affect their enforceability.
Where these Terms and Conditions are made available through our website, quotation, invoice, order confirmation, artwork approval process, email communication or on display at our premises, the Customer is deemed to have had a reasonable opportunity to review them prior to entering into a transaction with Purnells.

If the Customer does not agree to these Terms and Conditions, the Customer must immediately cease using our website and must not place an order or engage Purnells to supply any goods or services.

2. Definitions

In these Terms and Conditions, unless the context otherwise requires:

ACL
ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

Artwork
Artwork means any logo, trademark, image, photograph, design, graphic, text, illustration, proof, layout, embroidery file, engraving layout, print-ready file, branding material, specification, digital file or other content supplied by the Customer or created, modified or prepared by Purnells for the purposes of producing Goods or providing Services.

Business Day
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.

Consumer
Consumer has the meaning given under the ACL and includes a person who acquires goods or services that are ordinarily acquired for personal, domestic or household use or consumption, or who otherwise qualifies as a consumer under the ACL.

Customer
Customer means any individual, company, partnership, trust, incorporated association, sporting club, school, educational institution, government agency, local government authority, community organisation or other entity that:
• requests a quotation;
• places an order;
• purchases Goods;
• engages Purnells to provide Services; or
• otherwise enters into a transaction with Purnells.
Where more than one person constitutes the Customer, their obligations are joint and several.

Force Majeure Event
Force Majeure Event means any event beyond the reasonable control of Purnells, including but not limited to:
• acts of God;
• natural disasters;
• flood;
• fire;
• storm;
• pandemic;
• epidemic;
• war;
• terrorism;
• civil unrest;
• industrial disputes;
• labour shortages;
• transportation disruptions;
• supplier shortages;
• utility failures;
• telecommunications outages;
• cyber incidents;
• government actions or restrictions; or
• any other circumstance that prevents or delays performance of obligations.

Goods
Goods means any product supplied by Purnells, including but not limited to:
• trophies;
• medals;
• awards;
• plaques;
• perpetual trophies;
• cups;
• corporate recognition products;
• apparel;
• uniforms;
• promotional products;
• signage;
• name badges;
• engraved products;
• personalised products;
• custom-manufactured products; and
• any other physical item supplied by Purnells.

Order
Order means any request, instruction, purchase order, quotation acceptance, online transaction, artwork approval or other communication by which a Customer requests Purnells to supply Goods or Services.

Production
Production means any stage of work undertaken by Purnells in relation to an Order, including:
• design;
• artwork preparation;
• proof creation;
• engraving;
• embroidery;
• printing;
• laser processing;
• assembly;
• manufacture;
• packaging;
• quality control;
• dispatch preparation; and
• any related activity necessary to complete an Order.

Purnells
Purnells means Purnell Trophies and Apparel Pty Ltd ABN [INSERT ABN], its successors, assigns, employees, contractors, agents and authorised representatives.

Quote
Quote or Quotation means any written estimate, proposal, pricing schedule, tender response or quotation issued by Purnells for the supply of Goods or Services.

Services
Services means all services supplied by Purnells, including but not limited to:
• engraving;
• laser engraving;
• embroidery;
• screen printing;
• direct-to-film printing;
• apparel decoration;
• design services;
• artwork preparation;
• signage production;
• manufacturing services;
• assembly services;
• packaging services;
• installation services;
• delivery services; and
• any other service provided by Purnells.

Trading Account
Trading Account means a credit account approved in writing by Purnells that permits a Customer to purchase Goods or Services on agreed payment terms rather than prepayment.

Website
Website means any website, online store, customer portal, online ordering platform, social commerce platform, application or digital platform owned, operated or controlled by Purnells, including any future replacement or associated platform.

Interpretation
Unless the context requires otherwise:
• headings are for convenience only and do not affect interpretation;
• references to legislation include amendments, re-enactments and replacement legislation;
• the singular includes the plural and vice versa;
• a reference to a person includes an individual, corporation, trust, partnership, association, government body or other legal entity;
• the words "including", "includes" and similar expressions are not words of limitation.

3. Quotations

3.1 Validity of Quotations
Unless otherwise stated in writing, all quotations issued by Purnells are valid for a period of thirty (14) days from the date of issue.
Following the expiry of the validity period, Purnells reserves the right to revise, withdraw or reissue any quotation without notice.

3.2 Invitation to Treat
Any quotation, price list, catalogue, website listing, advertisement, proposal, estimate or other pricing information provided by Purnells is an invitation to treat only and does not constitute a binding offer capable of acceptance.
No binding contract shall arise until:
• the Customer accepts the quotation;
• Purnells accepts the Customer's order; and
• all applicable payment and approval requirements have been satisfied.

3.3 Stock Availability
All quotations are subject to:
• product availability;
• supplier availability;
• stock levels;
• manufacturing capacity; and
• freight availability.
Purnell’s does not warrant that quoted products will remain available after a quotation has been issued.
Where a quoted product becomes unavailable, Purnell’s may:
• offer a comparable substitute product;
• amend the quotation accordingly; or
• withdraw the quotation and refund any monies paid in respect of unavailable items.

3.4 Supplier Cost Variations
Quotations are based on supplier pricing, material costs, freight charges, exchange rates and other commercial factors applying at the time the quotation is prepared.
Where any of the following occur prior to production commencing:
• supplier price increases;
• increases in material costs;
• increases in freight or shipping charges;
• import duty changes;
• exchange rate fluctuations;
• government taxes, levies or charges; or
• other unforeseen cost increases,
Purnells reserves the right to amend the quotation to reflect the increased costs.
Where an amended quotation is issued, the Customer may elect to proceed or cancel the order without penalty provided production has not commenced.

3.5 Freight and Delivery Charges
Unless expressly stated otherwise, quotations do not include:
• freight;
• delivery;
• express shipping;
• installation;
• customs duties;
• import taxes; or
• other delivery-related charges.
Such costs may be charged in addition to the quoted amount.
Freight estimates provided by Purnells are indicative only and may vary at the time of dispatch.

3.6 Customer Requested Changes
If the Customer requests any change to:
• quantities;
• specifications;
• artwork;
• products;
• garment selections;
• colours;
• delivery requirements; or
• any other aspect of the order,
Purnell’s reserves the right to revise the quotation and charge additional amounts reflecting the change.
Any revised quotation supersedes previous quotations.

3.7 Pricing Errors
While Purnell’s takes reasonable care in preparing quotations, administrative, typographical, supplier or system errors may occur.
Purnell’s reserves the right to correct any error, omission or inaccuracy in a quotation at any time prior to dispatch of Goods or commencement of Services.
Where a genuine pricing error has occurred, Purnell’s may:
• withdraw the quotation;
• issue a corrected quotation;
• cancel the affected order; or
• refund any payment received in relation to the affected item.
Purnell’s shall not be obliged to honour any quotation containing an obvious or manifest pricing error.

3.8 Quotations Based on Information Provided
Quotations are prepared based on information supplied by the Customer.
If any information provided by the Customer is inaccurate, incomplete or subsequently changed, Purnell’s reserves the right to amend the quotation and recover any additional costs incurred.

3.9 Acceptance of Quotations
A quotation may be accepted by:
• written acceptance;
• email confirmation;
• purchase order;
• payment of an invoice or deposit;
• approval of artwork; or
• any conduct indicating an intention to proceed with the quoted Goods or Services.
Upon acceptance, the quotation forms part of the contract between Purnells and the Customer and becomes subject to these Terms and Conditions.

3.10 Right to Withdraw
Purnells reserves the right to withdraw any quotation prior to acceptance where:
• supplier availability changes;
• stock becomes unavailable;
• pricing errors are identified;
• production capacity becomes unavailable;
• information supplied by the Customer is inaccurate; or
• circumstances arise which make fulfilment of the quotation commercially impractical.
Any withdrawal under this clause shall not create any liability on the part of Purnell’s beyond refunding monies paid for unfulfilled Goods or Services.

4. Orders

4.1 Placing an Order
A Customer may place an Order with Purnells by:
• accepting a Quote;
• providing written instructions by email;
• submitting an online order through the Website;
• issuing a purchase order;
• approving Artwork or production specifications;
• making payment in whole or in part;
• providing verbal instructions that are later confirmed by conduct; or
• otherwise instructing Purnells to supply Goods or Services.

4.2 Acceptance of Orders
An Order is not binding on Purnells unless and until it has been accepted by Purnells.
Purnells may accept an Order by:
• confirming acceptance in writing;
• issuing an invoice;
• accepting payment;
• commencing Artwork preparation;
• commencing Production;
• ordering stock or materials;
• arranging supply from a third-party supplier; or
• otherwise taking steps to fulfil the Order.
Once accepted by Purnells, the Order becomes binding on the Customer and is subject to these Terms and Conditions.

4.3 Online Orders
Where an Order is placed through the Website, the Customer is responsible for ensuring that all information submitted is accurate and complete.
Purnells may review, verify, accept, reject or cancel an online Order where:
• product information is incomplete;
• payment is not received;
• stock is unavailable;
• pricing or description errors are identified;
• Artwork or customisation details are unclear;
• the Order cannot reasonably be fulfilled; or
• the Order is otherwise inconsistent with these Terms and Conditions.
An automated order confirmation generated by the Website does not prevent Purnells from later rejecting, amending or cancelling an Order where a genuine error, stock issue, payment issue or fulfilment issue is identified.

4.4 Purchase Orders
Where a Customer issues a purchase order, the purchase order will be treated as an instruction to proceed with the Order.
Any terms contained in a Customer's purchase order, procurement document, ordering platform, email footer or other document will not apply to the transaction unless expressly accepted in writing by Purnells.
To the extent of any inconsistency between a Customer's purchase order terms and these Terms and Conditions, these Terms and Conditions prevail unless Purnells expressly agrees otherwise in writing.

4.5 Email Instructions
Email instructions from the Customer, or from a person reasonably believed by Purnells to be acting on behalf of the Customer, may be relied upon by Purnells as authority to proceed.
The Customer is responsible for ensuring that email instructions are accurate, complete and authorised.
Purnells is not responsible for loss, delay, error or additional cost arising from unclear, incomplete, incorrect or unauthorised instructions provided by the Customer or by a person appearing to act on the Customer's behalf.

4.6 Customer Responsibility for Order Accuracy
The Customer is responsible for checking and confirming all Order details before acceptance, including:
• product type;
• quantities;
• colours;
• sizes;
• garment styles;
• names;
• spelling;
• dates;
• logos;
• engraving details;
• printing details;
• delivery details;
• deadlines;
• billing details; and
• any other specifications relevant to the Order.
Purnells may rely on the information provided by the Customer and is not required to independently verify the accuracy of that information.
Additional charges may apply where incorrect, incomplete or changed information results in additional work, materials, rework, delay or remanufacture.

4.7 Commencement of Production
Production may commence once Purnells has received the required payment, Order confirmation, Artwork approval or other information required to proceed.
Once Production has commenced, the Customer may not cancel or vary the Order except with the written agreement of Purnells.
Where Purnells agrees to vary an Order after Production has commenced, the Customer must pay all additional costs reasonably incurred by Purnells, including labour, materials, supplier charges, Artwork costs, administration costs and any costs associated with rework or remanufacture.

4.8 Right to Reject Orders
Purnells may refuse, reject or cancel any Order where, in Purnells' reasonable opinion:
• the Order is unlawful, offensive, defamatory, discriminatory or inappropriate;
• the Order may infringe intellectual property rights;
• required payment has not been received;
• required Artwork approval has not been provided;
• stock or materials are unavailable;
• the Order cannot reasonably be completed within the requested timeframe;
• the Customer has provided incomplete or inaccurate information;
• the Customer has overdue amounts owing to Purnells;
• the Order presents an unacceptable commercial, legal, operational or reputational risk; or
• accepting the Order would otherwise be inconsistent with these Terms and Conditions.
Where Purnells rejects or cancels an Order under this clause, Purnells will refund any amount paid for Goods or Services not supplied, less any amount lawfully recoverable for work already performed, materials ordered, costs incurred or services provided.

4.9 Changes to Orders
Any requested change to an accepted Order must be submitted to Purnells in writing.
Purnells is not obliged to accept any requested change after an Order has been accepted.
If Purnells accepts a change, the Customer must pay any additional charges arising from the change, including changes to:
• quantities;
• product specifications;
• Artwork;
• production method;
• delivery method;
• deadlines;
• materials; or
• supplier requirements.

4.10 Orders Placed on Behalf of Organisations
Where an Order is placed on behalf of a school, sporting club, incorporated association, company, business, government body or other organisation, the person placing the Order warrants that they have authority to:
• request the Quote;
• accept the Quote;
• approve Artwork;
• incur charges;
• bind the organisation to these Terms and Conditions; and
• authorise Purnells to proceed with the Order.
Purnells may rely on that person's instructions unless notified otherwise in writing before the Order is accepted or Production commences.

5. Pricing & GST

5.1 Pricing
Unless otherwise stated in writing, all prices provided by Purnells are expressed in Australian Dollars (AUD).
Prices displayed on:
• the Website;
• quotations;
• proposals;
• invoices;
• catalogues;
• advertisements;
• social media platforms; and
• marketing materials
are subject to these Terms and Conditions.
Purnells reserves the right to amend pricing at any time prior to acceptance of an Order.

5.2 Goods and Services Tax (GST)
Unless expressly stated otherwise, all prices quoted by Purnells include Goods and Services Tax (GST) in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Where GST is not included in a quoted amount, GST shall be payable in addition to the quoted price.
The Customer must pay any GST payable in connection with the supply of Goods or Services at the same time and in the same manner as payment for the Goods or Services.

5.3 Freight, Delivery and Additional Charges
Unless expressly stated in writing, quoted prices do not include:
• freight;
• shipping;
• express delivery;
• courier charges;
• installation;
• customs duties;
• import taxes;
• export documentation fees;
• storage charges; or
• any other delivery-related expenses.
Such costs may be charged separately and are payable by the Customer in addition to the quoted price.
Where freight costs increase after a quotation is issued but before dispatch, Purnells reserves the right to pass on the additional freight costs to the Customer.

5.4 Website Pricing
Purnells takes reasonable care to ensure pricing displayed on the Website is accurate.
However, pricing, product descriptions, specifications, availability and other information displayed on the Website may occasionally contain errors, inaccuracies or omissions.
Purnells reserves the right to:
• correct any error;
• amend pricing;
• amend product descriptions;
• withdraw products;
• cancel transactions; or
• refuse Orders
where a genuine error has occurred.
Website pricing does not constitute a binding offer and remains subject to Order acceptance by Purnells.

5.5 Quotation Pricing
Pricing contained within a Quote is subject to the conditions set out in Clause 3 (Quotations).
Unless otherwise stated:
• Quotes remain valid for thirty (30) days;
• Quotes are subject to stock availability;
• Quotes are subject to supplier availability;
• Quotes are based upon current supplier and freight costs.
Purnells reserves the right to amend quoted pricing where circumstances arise that materially affect the cost of supplying the Goods or Services.

5.6 Pricing Errors
Despite reasonable care being taken, pricing errors may occur due to:
• administrative errors;
• typographical errors;
• supplier pricing errors;
• system failures;
• website errors;
• data entry errors; or
• other inadvertent mistakes.
Purnells shall not be bound by any obvious, manifest or genuine pricing error.
Where a pricing error is identified prior to dispatch or completion of Services, Purnells may:
• correct the pricing;
• issue an amended invoice or quotation;
• cancel the affected Order; or
• offer the Customer the option to proceed at the correct price.
Where an Order is cancelled due to a pricing error, Purnells' sole obligation shall be to refund any amount paid by the Customer for the affected Goods or Services.

5.7 Additional Charges
Additional charges may apply where:
• Artwork is amended after approval;
• specifications are changed after acceptance;
• additional proofs are requested;
• quantities are altered;
• expedited production is requested;
• urgent delivery is required;
• Customer supplied information is inaccurate or incomplete;
• additional labour is required;
• additional design work is requested;
• supplier costs increase due to Customer requested changes; or
• additional work is required outside the original scope of the Order.
Purnells will, where reasonably practicable, advise the Customer of any additional charges before proceeding.

5.8 Currency Fluctuations and Imported Goods
Where Goods are sourced from overseas suppliers or are affected by exchange rate fluctuations, Purnells reserves the right to adjust pricing where significant currency movements occur between the date of quotation and the date of supply.
Purnells will notify the Customer of any material adjustment prior to proceeding with the Order.

5.9 Taxes, Duties and Government Charges
The Customer is responsible for any:
• customs duties;
• import duties;
• export charges;
• government levies;
• withholding taxes; or
• similar charges
imposed by any authority outside Australia in connection with the supply of Goods or Services.
Such amounts are payable in addition to the purchase price unless expressly stated otherwise in writing.

5.10 No Set-Off
The Customer must pay all amounts owing to Purnells without deduction, withholding, counterclaim or set-off except where required by law or expressly agreed in writing by Purnells.

6. Payment Terms & Deposits

6.1 Payment Before Production
Unless otherwise agreed in writing by Purnells, full payment is required before Production commences.
Purnells reserves the right to:
• require full payment before commencing Production;
• require payment before ordering stock or materials;
• require payment before dispatch;
• require payment before collection; and
• suspend or delay work until payment has been received and cleared.
The Customer acknowledges that Production schedules and delivery estimates may be affected where payment is not received promptly.

6.2 Approved Trading Accounts
Where a Customer has been granted an approved Trading Account by Purnells, payment shall be made in accordance with the payment terms approved by Purnells, which may include:
• seven (7) day accounts;
• fourteen (14) day accounts;
• thirty (30) day accounts; or
• other agreed trading terms.
Purnells reserves the right to:
• withdraw credit facilities at any time;
• vary trading terms;
• reduce credit limits;
• require prepayment; or
• place an account on hold,
where payment obligations are not met or where Purnells reasonably considers its commercial position may be at risk.

6.3 Payment Methods
Purnells may accept payment by:
• cash;
• EFTPOS;
• direct deposit;
• electronic funds transfer;
• credit card;
• debit card;
• online payment gateway;
• approved finance facility; or
• any other method approved by Purnells.
The Customer is responsible for any merchant fees, bank fees, foreign exchange charges or transaction fees imposed by third-party payment providers unless otherwise agreed.

6.4 Deposits
Purnells may, at its discretion, require a deposit before accepting an Order or commencing Production.
Where a deposit is requested:
• the amount will be specified in the Quote, invoice or Order confirmation;
• Production will not commence until the deposit has been received;
• the deposit forms part payment of the total Order value.
Purnells reserves the right to determine the amount of any required deposit based on:
• the nature of the Goods or Services;
• Order value;
• production requirements;
• supplier requirements;
• customisation requirements; or
• the Customer's trading history.

6.5 Special Order and Non-Standard Items
Where Goods are:
• custom manufactured;
• imported;
• sourced specifically for the Customer;
• special order items;
• non-stock items; or
• produced to Customer specifications,
Purnells may require:
• full payment in advance;
• a non-refundable deposit;
• staged payments; or
• payment of supplier costs before procurement.
The Customer acknowledges that Purnells may incur supplier commitments and manufacturing costs immediately upon accepting such Orders.

6.6 Commencement of Production
Purnells is under no obligation to commence Production until:
• payment requirements have been satisfied;
• any required deposit has been received;
• Artwork approval has been received;
• required information has been provided; and
• any other conditions specified by Purnells have been satisfied.
Production timeframes commence only after all required approvals, information and payments have been received.

6.7 Non-Refundable Deposits
Where:
• Production has commenced;
• stock has been ordered;
• materials have been procured;
• supplier commitments have been made;
• Artwork has been prepared;
• customisation work has commenced; or
• costs have otherwise been incurred by Purnells,
any deposit paid shall be non-refundable to the extent necessary to compensate Purnells for costs incurred and commitments made.
This clause does not limit any rights available to a Consumer under the Australian Consumer Law.

6.8 Allocation of Payments
Purnells may allocate payments received from the Customer towards any outstanding invoice, debt, charge, interest amount, recovery cost or account balance at its discretion.

6.9 Payment Disputes
If the Customer disputes any invoice, the Customer must notify Purnells in writing within seven (7) days of the invoice date and provide reasonable details of the dispute.
The Customer must pay any undisputed portion of the invoice by the due date.
Failure to raise a dispute within the required period shall be deemed acceptance of the invoice, subject to any rights that cannot be excluded under Australian law.

6.10 Suspension of Supply
Without limiting any other rights available to Purnells, Purnells may suspend Production, delivery, collection or further supply of Goods or Services where:
• payment is overdue;
• a deposit remains unpaid;
• a Trading Account exceeds its approved limit;
• the Customer becomes insolvent;
• the Customer enters administration, liquidation or bankruptcy; or
• Purnells reasonably believes there is a risk of non-payment.
Purnells shall not be liable for any delay, loss, damage or consequential loss arising from any suspension implemented under this clause.

6.11 No Set-Off
The Customer must pay all amounts owing to Purnells in full without deduction, withholding, counterclaim or set-off except where required by law or expressly agreed in writing by Purnells.

7. Artwork Approval

7.1 Requirement for Artwork Approval
Where an Order includes:
• engraving;
• printing;
• embroidery;
• signage;
• customisation;
• personalisation;
• logo application;
• artwork creation;
• design services; or
• any other customised component,
Purnells may provide the Customer with Artwork, proofs, layouts, mock-ups, production approvals or design concepts for review and approval.
No Production will commence until Artwork approval has been received where required by Purnells.

7.2 Method of Approval
Artwork approval must be provided by email.
The Customer acknowledges that approval received from an email address used by the Customer, or from a person reasonably believed by Purnells to be authorised to act on behalf of the Customer, shall constitute valid and binding approval.
Verbal approvals, text messages, social media messages or informal communications may be accepted at Purnells' discretion but Purnells reserves the right to require formal email approval before Production commences.

7.3 Customer Responsibility for Review
Prior to providing Artwork approval, the Customer must carefully and thoroughly review all Artwork and associated details.
The Customer is solely responsible for confirming the accuracy of all information including, but not limited to:
• spelling;
• grammar;
• punctuation;
• names;
• dates;
• event details;
• award titles;
• club names;
• school names;
• business names;
• logo usage;
• colours;
• quantities;
• garment sizes;
• placement of artwork;
• dimensions;
• specifications;
• product selections; and
• any other content included within the Artwork or Order.
The Customer acknowledges that Purnells is entitled to rely upon the Customer's approval as confirmation that all details have been checked and verified.

7.4 Approval Becomes Final
Upon receipt of Artwork approval:
• the Artwork is deemed approved in its entirety;
• Production may commence;
• supplier orders may be placed;
• stock may be ordered;
• materials may be allocated; and
• production schedules may be committed.
The Customer acknowledges that approval represents final authorisation to proceed.

7.5 Changes After Approval
Any requested amendment after Artwork approval has been provided may result in:
• production delays;
• revised completion dates;
• additional Artwork charges;
• additional labour charges;
• supplier charges;
• material costs;
• remanufacture costs;
• freight costs; and
• other associated expenses.
Purnells reserves the right to refuse changes after approval where Production has commenced or where implementation of the change is not reasonably practicable.
Where Purnells agrees to implement a change after approval, all resulting costs shall be payable by the Customer.

7.6 No Liability for Approved Errors
To the maximum extent permitted by law, Purnells shall not be liable for any loss, damage, cost, delay or expense arising from:
• spelling errors;
• grammatical errors;
• incorrect names;
• incorrect dates;
• incorrect quantities;
• incorrect colours;
• incorrect specifications;
• logo placement;
• sizing errors;
• design errors;
• artwork content; or
• any other error
that was present in Artwork approved by the Customer.
The Customer accepts full responsibility for any approved error and acknowledges that any remake, correction or replacement required as a result of an approved error will be treated as a new order and charged accordingly.

7.7 Customer Supplied Artwork
Where Artwork, logos, designs, files or specifications are supplied by the Customer:
• the Customer warrants that the supplied material is accurate and suitable for Production;
• Purnells is not responsible for errors contained within Customer supplied files;
• Purnells is not responsible for low-resolution artwork, poor image quality or unsuitable file formats provided by the Customer.
Additional charges may apply where Artwork requires correction, reconstruction, redrawing or modification prior to Production.

7.8 Logo and Branding Approval
Where logos, trademarks, business branding, school branding, sporting club logos or other intellectual property are included within Artwork, the Customer is responsible for ensuring:
• the correct logo has been supplied;
• the logo is authorised for use;
• branding guidelines have been followed;
• colours and specifications are correct.
Purnells shall not be responsible for errors relating to branding materials approved by the Customer.

7.9 Production Variations
The Customer acknowledges that minor variations may occur between approved Artwork and the finished product due to:
• manufacturing processes;
• engraving processes;
• embroidery processes;
• printing methods;
• material characteristics;
• garment construction;
• screen displays;
• colour reproduction limitations; or
• supplier manufacturing tolerances.
Such variations do not constitute a defect and do not entitle the Customer to a refund, replacement or compensation.

7.10 Reliance on Approval
The Customer acknowledges that Purnells relies on Artwork approval when:
• purchasing stock;
• ordering materials;
• scheduling Production;
• committing labour resources;
• placing supplier orders; and
• manufacturing customised Goods.
Accordingly, the Customer agrees that Artwork approval is a critical contractual step and that Purnells is entitled to rely upon that approval as final and binding authorisation to proceed with the Order.

7.11 Australian Consumer Law
Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

8. Customer Supplied Materials

8.1 Customer Supplied Materials
Purnells may, at its discretion, agree to perform Services on materials, products or items supplied by the Customer ("Customer Supplied Materials").
Customer Supplied Materials may include, but are not limited to:
• garments;
• uniforms;
• apparel;
• trophies;
• plaques;
• awards;
• medals;
• drinkware;
• promotional products;
• signage;
• giftware;
• equipment;
• components; or
• any other item supplied by the Customer for customisation, decoration, engraving, printing, embroidery or related Services.
Purnells reserves the right to refuse any Customer Supplied Materials where, in its reasonable opinion, the materials are unsuitable for the requested Services.

8.2 No Warranty as to Suitability
Purnells does not warrant that Customer Supplied Materials are suitable for:
• engraving;
• laser engraving;
• embroidery;
• screen printing;
• direct-to-film printing;
• heat transfer application;
• vinyl application;
• UV printing;
• sublimation;
• signage production; or
• any other production process.
The Customer acknowledges that Purnells may be required to rely upon information provided by the Customer regarding the composition, quality, specifications or suitability of Customer Supplied Materials.
Any advice provided by Purnells regarding suitability is indicative only and does not constitute a guarantee.

8.3 Customer Responsibility
The Customer is solely responsible for ensuring that Customer Supplied Materials:
• are fit for their intended purpose;
• are suitable for the requested production process;
• are free from defects;
• are accurately described;
• comply with applicable laws and regulations; and
• are capable of withstanding normal production processes.
Purnells shall not be responsible for any loss arising from inaccurate information supplied by the Customer.

8.4 Hidden Defects and Material Failure
The Customer acknowledges that Customer Supplied Materials may contain hidden defects, weaknesses or manufacturing issues that are not apparent upon visual inspection.
Purnells shall not be liable for any damage, deterioration, failure or loss arising from:
• hidden defects;
• poor manufacturing quality;
• material weakness;
• faulty construction;
• incompatible materials;
• pre-existing wear and tear;
• age-related deterioration;
• defective coatings;
• defective finishes;
• defective stitching;
• defective adhesives; or
• other latent defects.

8.5 Risk of Damage During Production
The Customer acknowledges that production processes may involve:
• heat;
• pressure;
• laser application;
• mechanical processing;
• chemical treatments;
• adhesives;
• cutting;
• drilling;
• engraving;
• embroidery;
• printing; or
• other manufacturing processes.
While Purnells will exercise reasonable care and skill in performing Services, the Customer accepts that there is an inherent risk of damage when applying production processes to Customer Supplied Materials.
To the maximum extent permitted by law, Purnells shall not be liable for damage to Customer Supplied Materials arising from:
• normal production risks;
• material incompatibility;
• hidden defects;
• manufacturing faults;
• customer instructions;
• supplier defects; or
• circumstances beyond Purnells' reasonable control.

8.6 Limitation of Liability for Customer Supplied Materials
Where Customer Supplied Materials are damaged, lost or rendered unusable during production, Purnells' liability shall be limited to the lesser of:
• the reasonable replacement value of the Customer Supplied Materials; or
• the amount paid by the Customer for the Services performed by Purnells in relation to those materials,
except where liability cannot lawfully be excluded or limited under the Australian Consumer Law.
Purnells shall not be liable for:
• consequential loss;
• loss of profit;
• loss of business opportunity;
• loss of goodwill;
• replacement production costs;
• event costs; or
• indirect loss arising from damage to Customer Supplied Materials.

8.7 Customer Indemnity
The Customer indemnifies and holds harmless Purnells against any claim, loss, liability, cost or expense arising from:
• defective Customer Supplied Materials;
• inaccurate information provided by the Customer;
• unsafe products supplied by the Customer;
• infringement of intellectual property rights associated with Customer Supplied Materials; or
• the Customer's failure to comply with these Terms and Conditions.

8.8 Collection and Storage
Customer Supplied Materials remain the property of the Customer at all times.
The Customer is responsible for arranging collection of any unused materials, excess stock or completed products.
Where Customer Supplied Materials remain uncollected after completion of Services, storage charges may apply in accordance with these Terms and Conditions.
Purnells shall not be responsible for deterioration of Customer Supplied Materials caused by extended storage periods.

8.9 Inspection and Acceptance
The Customer must inspect completed Goods and Services as soon as reasonably practicable after collection or delivery.
Any claim relating to damage to Customer Supplied Materials must be notified to Purnells in writing within seven (7) days of collection or delivery.
Failure to notify Purnells within that period shall constitute acceptance of the completed Goods and Services, subject to any rights that cannot be excluded under the Australian Consumer Law.

8.10 Australian Consumer Law
Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.
To the extent permitted by law, all other warranties, guarantees, conditions and representations are excluded.

9. Intellectual Property

9.1 Customer Supplied Intellectual Property
The Customer may provide Purnells with:
• logos;
• trademarks;
• business names;
• branding materials;
• artwork;
• photographs;
• images;
• designs;
• slogans;
• text;
• graphics; or
• other intellectual property
for use in connection with the supply of Goods or Services.
The Customer remains responsible for all Customer supplied intellectual property.

9.2 Customer Warranty of Ownership and Authority
The Customer warrants and represents that:
• it owns or controls all necessary rights, licences and permissions required for the use of any intellectual property supplied to Purnells;
• it has authority to authorise Purnells to reproduce, modify, print, embroider, engrave, manufacture, display and otherwise use the supplied intellectual property for the purposes of fulfilling the Order;
• the use of the supplied intellectual property will not infringe the rights of any third party; and
• the supplied intellectual property does not breach any applicable law, regulation, court order or contractual obligation.
Purnells is entitled to rely upon these warranties without undertaking independent verification.

9.3 No Obligation to Verify Rights
Purnells is not required to investigate or verify ownership, licensing rights or authority relating to any:
• logo;
• trademark;
• artwork;
• design;
• photograph;
• image;
• text;
• brand asset; or
• other intellectual property
supplied by the Customer.
The Customer acknowledges that Purnells acts solely on the instructions and representations of the Customer.

9.4 Intellectual Property Indemnity
The Customer indemnifies and holds harmless Purnells, its directors, officers, employees, contractors and agents against any and all:
• claims;
• demands;
• proceedings;
• damages;
• losses;
• liabilities;
• settlements;
• penalties;
• costs; and
• legal expenses (including solicitor-client costs)
arising directly or indirectly from:
• any alleged infringement of copyright;
• trademark infringement;
• breach of moral rights;
• breach of confidential information obligations;
• misuse of intellectual property;
• unauthorised use of logos or branding; or
• any other intellectual property claim
relating to materials supplied, approved or authorised by the Customer.
This indemnity survives completion of the Order and termination of any agreement between the parties.

9.5 Ownership of Purnells Intellectual Property
Unless otherwise agreed in writing, all intellectual property created, developed or prepared by Purnells remains the sole property of Purnells.
This includes, without limitation:
• artwork;
• design concepts;
• layouts;
• proofs;
• mock-ups;
• production files;
• engraving layouts;
• embroidery files;
• digital artwork;
• templates;
• manufacturing specifications;
• signage layouts;
• promotional concepts; and
• any modifications or derivative works created by Purnells.

9.6 Limited Licence to Use Customer Materials
The Customer grants Purnells a non-exclusive, royalty-free licence to use, reproduce, modify, resize, adapt and reproduce Customer supplied intellectual property solely for the purpose of:
• preparing Artwork;
• obtaining approvals;
• manufacturing Goods;
• providing Services;
• quality assurance;
• marketing completed work in accordance with Clause 9.10; and
• fulfilling the Customer's Order.
This licence continues only for so long as reasonably required to fulfil the Order and maintain business records.

9.7 Ownership Following Payment
Unless otherwise agreed in writing:
• ownership of the physical Goods transfers in accordance with these Terms and Conditions;
• intellectual property rights do not automatically transfer to the Customer simply because Goods or Services have been supplied or paid for.
Where Purnells agrees to transfer intellectual property rights, such transfer must be documented in writing and signed by an authorised representative of Purnells.

9.8 Copyright in Artwork and Designs
Copyright in any original artwork, design, layout or creative work created by Purnells shall remain vested in Purnells pursuant to the Copyright Act 1968 (Cth) unless expressly assigned in writing.
The Customer acquires no ownership rights in such copyright merely through payment for Goods or Services.
Unless otherwise agreed, payment entitles the Customer only to the finished Goods supplied under the relevant Order.

9.9 Reuse of Artwork and Production Files
Purnells may retain:
• artwork files;
• proofs;
• design files;
• embroidery files;
• engraving templates;
• production specifications; and
• other production-related materials
for operational, record-keeping, warranty, repeat-order and business purposes.
Purnells is under no obligation to provide source files, editable artwork files or production files to the Customer unless otherwise agreed in writing.
Additional charges may apply where such files are requested.

9.10 Marketing and Portfolio Use
Unless the Customer notifies Purnells in writing prior to Production, the Customer grants Purnells permission to:
• photograph completed Goods;
• display completed Goods;
• publish images of completed work;
• reference the completed project; and
• use completed work for portfolio, promotional, marketing, social media, website and advertising purposes.
Purnells will not knowingly disclose confidential information when exercising these rights.
Where confidentiality obligations apply, Purnells may restrict or withhold publication at its discretion.

9.11 Refusal of Potentially Infringing Work
Purnells reserves the right to refuse any Order where it reasonably believes that:
• intellectual property rights may be infringed;
• ownership cannot be verified;
• authorisation is unclear;
• the requested work may expose Purnells to legal risk; or
• the work may be unlawful.
Purnells is under no obligation to provide reasons for refusing an Order under this clause.

9.12 Australian Consumer Law
Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.

10. Production Timeframes

10.1 Estimated Timeframes
Any production timeframe, completion date, turnaround estimate, dispatch date or delivery estimate provided by Purnells is an estimate only unless expressly guaranteed in writing by an authorised representative of Purnells.
Estimated timeframes are provided in good faith based on information available at the time of quoting or order acceptance.

10.2 Commencement of Production Timeframes
Production timeframes do not commence until:
• full payment has been received (unless an approved Trading Account exists);
• any required deposit has been paid;
• Artwork approval has been received;
• all required information has been provided;
• stock availability has been confirmed; and
• any other requirements specified by Purnells have been satisfied.
Any delay in satisfying these requirements may extend estimated completion dates.

10.3 Delays Beyond Purnells' Control
Purnells shall not be liable for delays arising from:
• supplier shortages;
• stock availability issues;
• freight delays;
• courier delays;
• customs delays;
• manufacturing delays;
• equipment failure;
• labour shortages;
• industrial action;
• force majeure events;
• customer approval delays; or
• circumstances beyond Purnells' reasonable control.

10.4 No Liability for Event Deadlines
The Customer acknowledges that many Orders are associated with events, presentations, competitions, conferences or ceremonies.
Unless expressly guaranteed in writing by Purnells, no completion date or delivery date shall be treated as a guaranteed deadline.
To the maximum extent permitted by law, Purnells shall not be liable for losses arising from missed event dates caused by delays beyond its reasonable control.

11. Urgent Orders

11.1 Rush Orders
Where a Customer requests expedited production, urgent turnaround, priority processing or same-day service, Purnells may agree to provide such services at its discretion.
Urgent production may incur:
• rush fees;
• priority production charges;
• express freight charges;
• additional labour charges; or
• other reasonable costs associated with accelerated production.

11.2 No Guarantee of Completion
Unless expressly confirmed in writing by an authorised representative of Purnells, acceptance of an urgent Order does not constitute a guarantee that the requested deadline will be achieved.
Purnells will use reasonable efforts to meet requested deadlines but shall not be liable for delays caused by circumstances beyond its reasonable control.

11.3 Customer Responsibility
Customers requesting urgent production acknowledge that:
• supplier delays may occur;
• freight delays may occur;
• production issues may arise; and
• deadlines may be affected by factors outside Purnells' control.
Rush fees are non-refundable once Production has commenced.

12. Shipping & Delivery

12.1 Delivery Services
Purnells may arrange delivery through third-party freight carriers, couriers, postal services or transport providers.
Delivery services are provided subject to the terms and conditions of the relevant carrier.

12.2 Delivery Estimates
Delivery dates are estimates only.
Purnells does not guarantee delivery times and is not responsible for delays caused by:
• carriers;
• courier services;
• postal services;
• customs authorities;
• weather events;
• transportation disruptions; or
• other third-party providers.

12.3 Transfer of Risk
Risk in the Goods passes to the Customer upon:
• collection by the Customer;
• collection by the Customer's representative;
• delivery to a carrier;
• dispatch from Purnells' premises; or
• delivery to the nominated delivery address,
whichever occurs first.

12.4 Freight Damage Claims
The Customer must inspect Goods immediately upon delivery.
Any claim relating to freight damage, shortages or delivery issues must be reported to Purnells in writing within seven (7) days of delivery.
The Customer must retain all packaging and evidence required to support any freight claim.
Purnells will reasonably assist with freight claims but does not accept liability for damage caused during transit by third-party carriers.

13. Collection of Goods

13.1 Collection Requirement
Where Goods are to be collected, the Customer must collect the Goods within a reasonable time following notification that the Goods are ready.
Purnells may notify the Customer by:
• email;
• telephone;
• SMS;
• invoice; or
• other reasonable means.

13.2 Identification Requirements
Purnells may require reasonable identification or evidence of authority before releasing Goods to:
• a Customer;
• an employee;
• a volunteer;
• a committee member;
• a courier; or
• any third party.
Purnells may refuse collection where authority cannot reasonably be verified.

13.3 Release of Goods
Collection by any person reasonably believed by Purnells to be authorised by the Customer shall constitute valid collection.
Purnells shall not be responsible for Goods released in good faith to an apparently authorised representative.

14. Storage Fees

14.1 Storage Period
Goods not collected within sixty (60) days of notification that they are ready for collection may become subject to storage charges.

14.2 Storage Charges
Purnells reserves the right to charge reasonable storage fees to recover costs associated with:
• warehousing;
• handling;
• administration;
• storage space;
• insurance; and
• inventory management.
Storage fees may be invoiced periodically and shall be payable upon demand.

14.3 Continuing Liability
The Customer remains responsible for:
• storage fees;
• outstanding invoices;
• collection costs; and
• any other amounts owing,
regardless of whether the Goods are collected.

15. Uncollected Goods

15.1 Extended Non-Collection
Where Goods remain uncollected for six (6) months or more after notification that the Goods are ready for collection, Purnells may provide written notice requiring collection within a reasonable period.

15.2 Disposal Rights
If the Goods remain uncollected after expiry of the notice period, Purnells may, to the extent permitted by law:
• dispose of the Goods;
• destroy the Goods;
• recycle the Goods;
• resell the Goods; or
• otherwise deal with the Goods as Purnells sees fit.

15.3 Recovery of Costs
Purnells may apply any proceeds recovered from disposal or resale towards:
• unpaid invoices;
• storage charges;
• collection costs;
• administrative expenses; and
• other amounts owing by the Customer.
Any remaining balance may be retained, applied to other debts owed by the Customer or dealt with in accordance with applicable law.

15.4 No Liability for Disposal
To the maximum extent permitted by law, Purnells shall not be liable for any loss arising from the lawful disposal, destruction, recycling or resale of uncollected Goods in accordance with this clause.

15.5 Australian Consumer Law
Nothing in this section excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

16. Customised Products

16.1 Custom-Made and Personalised Goods
Many Goods supplied by Purnells are:
• custom-made;
• personalised;
• engraved;
• embroidered;
• printed;
• manufactured to specification;
• produced using Customer supplied Artwork; or
• otherwise created specifically for an individual Customer.
Such Goods are manufactured or customised specifically for the Customer and may not be suitable for resale to another customer.

16.2 No Change of Mind Returns
Subject to Clause 20 (Australian Consumer Law Statement), Purnells does not accept returns, exchanges or refunds for change of mind in relation to:
• customised products;
• personalised products;
• engraved products;
• embroidered products;
• printed products;
• made-to-order products;
• special order items; or
• products manufactured to Customer specifications.
The Customer acknowledges that once Production commences, Purnells incurs labour, material and supplier costs that may not be recoverable.

16.3 Customer Approval
Where Goods have been produced in accordance with Artwork, specifications or instructions approved by the Customer, the Goods shall be deemed compliant with the Order unless they contain a manufacturing defect or fail to comply with consumer guarantees that cannot be excluded by law.

17. Apparel & Garment Decoration

17.1 Production Variations
The Customer acknowledges that minor variations may occur between Artwork proofs, digital mock-ups and finished decorated garments.
Variations may arise due to:
• garment construction;
• stitching;
• seams;
• garment sizing;
• fabric type;
• production methods;
• embroidery techniques;
• printing processes;
• heat application;
• supplier manufacturing tolerances; or
• screen and colour display differences.
Such variations do not constitute a defect.

17.2 Colour Variations
Colours displayed:
• on websites;
• digital proofs;
• mobile devices;
• computer monitors; or
• printed materials
may differ from finished products.
The Customer acknowledges that exact colour matching cannot always be guaranteed due to:
• fabric composition;
• printing methods;
• supplier variations;
• dye batches;
• embroidery threads;
• production equipment; and
• manufacturing tolerances.
Reasonable colour variation does not constitute a defect.

17.3 Placement Tolerances
Purnells may apply reasonable production tolerances in relation to:
• embroidery placement;
• print placement;
• logo positioning;
• garment sizing;
• alignment;
• dimensions; and
• production specifications.
Minor variations consistent with normal industry practice do not constitute a defect.

17.4 Batch Variations
The Customer acknowledges that variations may occur between:
• production runs;
• garment batches;
• supplier batches;
• reorders; and
• future orders.
Purnells does not guarantee identical results between separate production runs.

18. Returns & Refunds

18.1 Notification of Issues
The Customer must inspect Goods as soon as reasonably practicable following delivery or collection.
Any claim relating to:
• incorrect Goods;
• shortages;
• manufacturing defects;
• damage; or
• non-compliance with the Order
must be submitted to Purnells in writing within fourteen (14) days of delivery or collection.

18.2 Return Process
No Goods may be returned without prior written approval from Purnells.
Where Purnells approves a return, the Customer must:
• follow Purnells' return instructions;
• provide supporting information and photographs if requested;
• return Goods in the condition requested by Purnells; and
• cooperate with any investigation undertaken by Purnells.

18.3 Exclusions
Subject to Clause 20 and applicable law, returns, exchanges or refunds will not be provided for:
• change of mind;
• Customer approved Artwork errors;
• Customer supplied information errors;
• Customer supplied materials;
• normal wear and tear;
• minor colour variation;
• placement tolerances;
• batch variation; or
• issues disclosed before purchase.

19. Australian Consumer Law Statement

19.1 Statutory Rights Preserved
Nothing contained within these Terms and Conditions excludes, restricts or modifies any right, remedy, guarantee or protection conferred upon a Consumer by the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth), or any other applicable legislation.

19.2 Consumer Guarantees
Where Goods or Services supplied by Purnells are subject to consumer guarantees under the Australian Consumer Law, Customers may be entitled to remedies including:
• repair;
• replacement;
• refund;
• compensation; or
• other remedies prescribed by law.
Any limitation, exclusion or restriction contained within these Terms and Conditions shall be interpreted subject to those rights.

19.3 Business Transactions
Where permitted by law and where the Customer acquires Goods or Services for business purposes, Purnells may rely upon any limitation of liability permitted under section 64A of the Australian Consumer Law and related legislation.

20. Cancellations

20.1 Cancellation Requests
Any request to cancel an Order must be submitted to Purnells in writing.
Cancellation requests are not effective unless accepted by Purnells in writing.

20.2 Orders Not Yet Commenced
Where Production has not commenced and no costs have been incurred, Purnells may, at its discretion, agree to cancel an Order.
Purnells may deduct any administrative, design, supplier or processing costs already incurred.

20.3 Production Commenced
Once Production has commenced, Purnells reserves the right to refuse cancellation.
Where Purnells agrees to cancel an Order after Production has commenced, the Customer shall be liable for:
• labour costs;
• Artwork costs;
• supplier charges;
• freight charges;
• materials ordered;
• production costs incurred;
• administrative costs; and
• any other reasonable costs incurred by Purnells.

20.4 Special Order and Custom Products
Orders involving:
• custom manufacturing;
• personalised products;
• imported goods;
• special order products;
• non-stock items; or
• supplier-specific procurement
may not be cancelled once supplier commitments have been made.

20.5 Recovery of Costs
Where cancellation occurs after costs have been incurred, Purnells may retain:
• deposits;
• prepayments; or
• other amounts paid
to the extent reasonably necessary to recover losses, expenses and commitments incurred in relation to the cancelled Order.
Nothing in this clause limits any rights available to Consumers under the Australian Consumer Law.

21. Website & Online Orders

21.1 Website Information
Purnells provides the Website as a platform to display products, services, pricing information, quotations, promotional offers and ordering facilities.
While Purnells uses reasonable efforts to ensure that information displayed on the Website is accurate and current, Purnells does not warrant that all Website content is complete, accurate, error-free or up to date at all times.
Information displayed on the Website may be amended, updated or removed without notice.

21.2 Product Information
Product descriptions, images, specifications, dimensions, colours, finishes and other information displayed on the Website are provided as a guide only.
The Customer acknowledges that:
• actual products may vary from images displayed online;
• colours may appear differently on different devices and screens;
• product specifications may change due to supplier updates;
• manufacturing tolerances may apply; and
• product availability may change without notice.
Minor variations do not constitute a defect or entitle the Customer to a refund, replacement or compensation.

21.3 Website Pricing
Purnells takes reasonable care when publishing pricing information on the Website.
However, pricing errors may occur due to:
• typographical errors;
• administrative errors;
• software issues;
• supplier data errors;
• system failures;
• technical issues; or
• other inadvertent mistakes.
All Website pricing is subject to verification by Purnells prior to acceptance of an Order.

21.4 Pricing Errors
Where a genuine pricing error, calculation error or system error is identified, Purnells reserves the right to:
• correct the error;
• amend the pricing;
• withdraw the affected product;
• refuse the Order;
• cancel the Order; or
• refund any monies paid.
Purnells shall not be required to honour a price that is clearly incorrect, obviously erroneous or affected by a genuine mistake.

21.5 Product Availability
All products displayed on the Website are subject to:
• supplier availability;
• stock availability;
• manufacturing availability;
• freight availability; and
• operational capacity.
Purnells does not guarantee that products displayed on the Website will remain available at the time an Order is placed.
Where a product becomes unavailable, Purnells may:
• offer an equivalent substitute product;
• offer an upgraded alternative;
• amend the Order; or
• refund monies paid for unavailable products.

21.6 Online Orders
The submission of an Order through the Website constitutes an offer by the Customer to purchase Goods or Services.
An online Order does not constitute acceptance by Purnells.
An Order is accepted only when Purnells:
• confirms acceptance;
• issues an invoice;
• accepts payment;
• commences Artwork preparation;
• commences Production; or
• otherwise confirms that the Order has been accepted.
Until acceptance occurs, Purnells reserves the right to refuse or cancel an Order.

21.7 Customer Responsibility
The Customer is responsible for ensuring that all information submitted through the Website is accurate and complete.
This includes:
• names;
• delivery addresses;
• billing details;
• contact information;
• artwork requirements;
• quantities;
• garment sizes;
• specifications; and
• any other information relevant to the Order.
Purnells shall not be responsible for errors arising from incorrect information submitted by the Customer.
21.8 Website Availability
Purnells does not guarantee uninterrupted access to the Website.
The Website may become unavailable due to:
• maintenance;
• software updates;
• internet disruptions;
• cyber incidents;
• hosting issues;
• technical failures; or
• circumstances beyond Purnells' reasonable control.
To the maximum extent permitted by law, Purnells shall not be liable for loss arising from Website downtime or unavailability.
21.9 Third-Party Services
The Website may utilise third-party platforms, payment gateways, freight systems, software providers and other external services.
Purnells is not responsible for failures, delays, errors or outages arising from third-party systems beyond its reasonable control.
21.10 Security
While Purnells implements reasonable measures to protect Website security, Purnells does not warrant that the Website will be free from:
• viruses;
• malware;
• cyber attacks;
• unauthorised access;
• data corruption; or
• other security incidents.
Customers use the Website at their own risk and should implement appropriate security measures when accessing online services.
21.11 Intellectual Property
All Website content, including:
• text;
• images;
• graphics;
• logos;
• designs;
• product information;
• software; and
• branding,
is owned by or licensed to Purnells and is protected by Australian and international intellectual property laws.
No content may be copied, reproduced, distributed, modified or used without the prior written consent of Purnells.
21.12 Australian Consumer Law
Nothing in this clause excludes, restricts or modifies any rights, remedies or guarantees available under the Australian Consumer Law or any other applicable legislation.
To the extent permitted by law, all other warranties, representations and conditions are excluded.

22. Business Trading Accounts

22.1 Application for Credit
Purnells may, at its sole discretion, approve a Customer for a Trading Account.
Approval of a Trading Account is not automatic and may be subject to:
• completion of a credit application;
• provision of business details;
• director or guarantor information;
• trade references;
• credit checks;
• financial information; and
• any other information reasonably requested by Purnells.
Purnells reserves the right to refuse any application without providing reasons.

22.2 Credit Assessment and Review
The Customer authorises Purnells to:
• obtain credit reports;
• conduct credit assessments;
• verify business information;
• obtain trade references; and
• make reasonable enquiries regarding creditworthiness.
Purnells may periodically review any Trading Account and may:
• vary credit limits;
• amend payment terms;
• suspend credit facilities;
• withdraw credit approval; or
• require prepayment,
where Purnells reasonably considers it necessary to protect its commercial interests.

22.3 Payment Terms
Approved Trading Accounts may be granted on:
• seven (7) day terms;
• fourteen (14) day terms;
• thirty (30) day terms; or
• such other terms as agreed in writing.
Invoices are payable on or before the due date stated on the invoice.
The granting of credit does not oblige Purnells to continue supplying Goods or Services on credit.

22.4 Suspension of Credit Facilities
Purnells may immediately suspend or cancel a Trading Account where:
• payment is overdue;
• the Customer exceeds its credit limit;
• insolvency concerns arise;
• misleading information has been provided;
• there is a change in ownership or control of the Customer; or
• Purnells reasonably believes there is an increased risk of non-payment.
During any suspension period, Purnells may require full payment before accepting further Orders.

23. Late Payment & Recovery Costs

23.1 Overdue Accounts
Any amount not paid by the due date shall be deemed overdue.
Purnells reserves the right to exercise any legal remedy available in relation to overdue amounts.

23.2 Interest on Overdue Amounts
Interest may be charged on overdue accounts at the rate of ten percent (10%) per annum, calculated daily and accruing from the due date until payment is received in full.
Interest shall be calculated using the following formula:
Interest = (Unpaid Amount × Days Overdue × Annual Interest Rate) ÷ 365
Purnells may invoice accrued interest periodically or upon final payment of the outstanding debt.

23.3 Recovery Costs
The Customer shall be liable for all reasonable costs incurred by Purnells in recovering overdue amounts, including but not limited to:
• collection agency fees;
• debt recovery charges;
• tracing fees;
• mercantile agent costs;
• administrative costs;
• bank charges;
• legal expenses; and
• court filing fees.
Such costs are recoverable as a debt due and payable by the Customer.

23.4 Legal Costs
Where legal proceedings are commenced, the Customer agrees to indemnify Purnells for all legal costs incurred on a solicitor-client basis or indemnity basis to the extent permitted by law.
This clause survives completion of the Order and termination of any agreement between the parties.

23.5 Allocation of Payments
Purnells may apply payments received in any order it determines, including towards:
• interest;
• recovery costs;
• legal costs;
• overdue invoices; or
• current invoices.

23.6 Suspension of Supply
Without limiting any other rights available to Purnells, Purnells may suspend:
• production;
• delivery;
• collection;
• credit facilities; and
• future Orders
until all outstanding amounts have been paid in full.
Purnells shall not be liable for any loss arising from such suspension.

24. Retention of Title

24.1 Ownership of Goods
Legal and beneficial ownership of all Goods supplied by Purnells remains with Purnells until:
• all amounts owing by the Customer to Purnells have been paid in full; and
• all obligations of the Customer under these Terms and Conditions have been satisfied.
This clause applies whether the debt relates to the specific Goods supplied or any other amount owing by the Customer to Purnells.

24.2 Risk and Possession
Risk in the Goods passes in accordance with Clause 12 (Shipping & Delivery).
However, transfer of risk does not transfer ownership.
The Customer holds the Goods as bailee for Purnells until ownership passes.

24.3 Storage and Identification
Until ownership passes, the Customer must:
• store the Goods separately where reasonably practicable;
• keep the Goods identifiable as the property of Purnells;
• maintain the Goods in good condition;
• not remove identifying marks where reasonably possible; and
• not do anything inconsistent with Purnells' ownership.

24.4 Right to Repossess
Where:
• payment is overdue;
• the Customer becomes insolvent;
• a receiver, administrator or liquidator is appointed; or
• the Customer breaches these Terms and Conditions,
Purnells may, to the extent permitted by law, enter any premises where the Goods are located and recover possession of the Goods.
The Customer grants Purnells an irrevocable licence to enter such premises for that purpose.
Purnells shall not be liable for reasonable damage caused while exercising its recovery rights.

24.5 Resale of Goods
Until ownership passes, the Customer may resell Goods only in the ordinary course of business.
Any proceeds of sale shall be held on trust for Purnells to the extent of any outstanding debt owed by the Customer.

24.6 Personal Property Securities Act
If applicable, this clause is intended to create a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).
The Customer agrees to do all things reasonably required by Purnells to:
• register and maintain a security interest;
• perfect any security interest;
• protect Purnells' rights under the PPSA; and
• ensure priority of Purnells' security interest.
The Customer waives any rights to receive notices or statements under the PPSA to the extent permitted by law.
24.7 Continuing Security
The rights contained in this clause constitute a continuing security interest and shall survive:
• payment arrangements;
• partial payments;
• account variations; and
• termination of any agreement between the parties.
Purnells may exercise all rights available under law to protect its ownership and security interests.

25. Limitation of Liability

25.1 Application of This Clause
This clause applies to the maximum extent permitted by law and is subject at all times to:
• the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
• any applicable consumer guarantees;
• any rights or remedies that cannot lawfully be excluded, restricted or modified; and
• any other applicable law.

25.2 Exclusion of Indirect Loss
To the maximum extent permitted by law, Purnells shall not be liable to the Customer for any:
• indirect loss;
• consequential loss;
• loss of profit;
• loss of revenue;
• loss of business opportunity;
• loss of goodwill;
• loss of anticipated savings;
• loss arising from event cancellation or disruption;
• reputational loss;
• third-party claims; or
• special, incidental or punitive damages,
arising from or connected with the supply of Goods or Services, delay, non-delivery, defect, cancellation, website use or any breach of these Terms and Conditions.

25.3 Limitation for Business Customers
Where the Customer acquires Goods or Services for business, commercial, trade, resale, organisational, school, club, government or association purposes, and where permitted by law, Purnells' liability is limited, at Purnells' election, to:
• the replacement of the Goods;
• the supply of equivalent Goods;
• repair of the Goods;
• payment of the cost of replacing the Goods;
• payment of the cost of acquiring equivalent Goods;
• resupply of the Services; or
• payment of the cost of having the Services supplied again.
This limitation is intended to operate to the extent permitted under section 64A of the Australian Consumer Law.

25.4 Maximum Aggregate Liability
Subject to any rights that cannot be excluded under law, Purnells' total aggregate liability to the Customer arising from or connected with any Order shall not exceed the amount paid by the Customer to Purnells for the affected Goods or Services.

25.5 Customer Responsibility
The Customer is responsible for ensuring that Goods and Services are suitable for the Customer's intended use, purpose, event, deadline, environment or application.
Purnells shall not be liable where loss arises from:
• Customer supplied Artwork;
• Customer supplied materials;
• approved proofs;
• incorrect Customer instructions;
• misuse;
• failure to follow care instructions;
• storage conditions;
• normal wear and tear;
• third-party handling;
• freight damage caused by carriers; or
• use outside the intended purpose of the Goods.

25.6 Australian Consumer Law Preserved
Nothing in this clause excludes, restricts or modifies any consumer guarantee, right, remedy or protection that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.

26. Force Majeure

26.1 No Liability for Events Beyond Reasonable Control
Purnells shall not be liable for any delay, failure to perform, non-delivery, partial delivery, increased cost or inability to supply Goods or Services caused by a Force Majeure Event.

26.2 Force Majeure Events
A Force Majeure Event includes, but is not limited to:
• natural disasters;
• flood;
• fire;
• storm;
• extreme weather;
• pandemic;
• epidemic;
• public health orders;
• war;
• terrorism;
• civil unrest;
• industrial action;
• labour shortages;
• transport disruptions;
• supplier failure;
• supplier shortages;
• stock shortages;
• import or export delays;
• customs delays;
• power failure;
• telecommunications failure;
• cyber incidents;
• equipment failure;
• government restrictions;
• changes in law;
• border closures; or
• any other event beyond Purnells' reasonable control.

26.3 Consequences of Force Majeure
Where a Force Majeure Event occurs, Purnells may:
• extend production or delivery timeframes;
• suspend performance;
• vary delivery arrangements;
• source substitute products;
• partially fulfil an Order;
• cancel affected parts of an Order; or
• refund amounts paid for Goods or Services that cannot be supplied.
Purnells will use reasonable endeavours to minimise the impact of a Force Majeure Event where commercially practicable.

27. Privacy

27.1 Collection of Personal Information
Purnells may collect personal information from Customers, representatives, staff members, club officials, school contacts, suppliers and other individuals for the purpose of conducting its business.
Personal information may include:
• names;
• addresses;
• email addresses;
• telephone numbers;
• billing details;
• delivery details;
• order details;
• payment information;
• organisation details; and
• communications with Purnells.

27.2 Use of Personal Information
Purnells may use personal information for purposes including:
• providing quotations;
• processing Orders;
• preparing Artwork;
• manufacturing Goods;
• providing Services;
• arranging delivery;
• issuing invoices;
• managing accounts;
• customer service;
• debt recovery;
• marketing communications where permitted;
• legal compliance; and
• business administration.

27.3 Privacy Act Compliance
Where applicable, Purnells will handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The OAIC identifies the Australian Privacy Principles as the principal privacy framework under the Privacy Act.

27.4 Disclosure of Information
Purnells may disclose personal information to:
• employees;
• contractors;
• suppliers;
• freight providers;
• payment processors;
• IT providers;
• professional advisers;
• debt collection agencies;
• government authorities; and
• other third parties reasonably necessary for business operations.
Purnells will not sell personal information to unrelated third parties.

27.5 Privacy Policy
Where Purnells maintains a Privacy Policy, that Privacy Policy should be read together with these Terms and Conditions.

28. Website Use

28.1 Website Content
Information displayed on the Website is provided for general information and ordering purposes only.
While Purnells takes reasonable care to maintain accurate Website content, Purnells does not warrant that all Website information is complete, current, accurate or free from error.

28.2 Website Errors
Purnells reserves the right to correct any Website error, including errors relating to:
• pricing;
• product descriptions;
• stock availability;
• images;
• colours;
• dimensions;
• freight charges;
• delivery estimates;
• specifications; or
• promotional offers.
Purnells may cancel or amend any Order affected by a genuine Website error and will refund any amount paid for Goods or Services not supplied.

28.3 Product Images and Colours
Product images displayed on the Website are indicative only.
The Customer acknowledges that colours, finishes, dimensions, textures and appearance may vary due to:
• screen settings;
• lighting;
• supplier changes;
• manufacturing tolerances;
• material differences; and
• production methods.
•
28.4 Website Availability
Purnells does not guarantee uninterrupted access to the Website.
Purnells shall not be liable for loss arising from:
• Website downtime;
• technical faults;
• cyber incidents;
• data transmission errors;
• payment gateway issues;
• third-party platform outages; or
• inability to access the Website.

28.5 Third-Party Links
The Website may contain links to third-party websites or platforms.
Purnells is not responsible for the content, accuracy, security, privacy practices or operation of third-party websites.

29. Schools, Clubs, Associations and Government Organisations

29.1 Authority to Act
Where a person requests a Quote, places an Order, approves Artwork or otherwise deals with Purnells on behalf of:
• a school;
• sporting club;
• incorporated association;
• business;
• company;
• charity;
• community organisation;
• local government authority;
• government department; or
• other entity,
that person warrants that they have authority to act on behalf of that entity.

29.2 Authority to Incur Debt
The person placing the Order warrants that they have authority to:
• request Goods or Services;
• accept Quotes;
• approve Artwork;
• authorise Production;
• incur charges;
• approve variations;
• arrange collection or delivery;
• bind the entity to these Terms and Conditions; and
• authorise payment.

29.3 Reliance by Purnells
Purnells may rely on instructions, approvals, communications, purchase orders and confirmations received from a person reasonably believed by Purnells to be authorised to act on behalf of the relevant entity.
Purnells is not required to independently verify internal approval procedures, committee resolutions, school approvals, procurement processes or budget authorisations.

29.4 Changes in Representatives
The entity remains responsible for any Order placed on its behalf, even if:
• committee members change;
• staff members leave;
• volunteers change;
• internal approvals were not properly obtained;
• budget approval changes;
• management changes; or
• responsibility for the Order is internally disputed.

30. Governing Law

30.1 Laws of New South Wales
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia.

30.2 Jurisdiction
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

30.3 International Customers
Where Goods or Services are supplied outside Australia, these Terms and Conditions remain governed by the laws of New South Wales, Australia, unless Purnells expressly agrees otherwise in writing.
The Customer is responsible for complying with any laws, taxes, duties, customs requirements or import obligations applying in the destination country.

31. Changes to Terms

31.1 Right to Update Terms
Purnells may amend, update or replace these Terms and Conditions from time to time.

31.2 Publication and Effective Date
Updated Terms and Conditions will take effect from the date they are published on the Website, displayed at Purnells' premises or otherwise notified to the Customer.

31.3 Existing Orders
Unless otherwise required by law or agreed in writing, the Terms and Conditions applying to an Order are those in effect at the time the Order is accepted by Purnells.

31.4 Continued Use
Continued use of the Website, placement of Orders, acceptance of Quotes or engagement of Purnells after updated Terms and Conditions are published constitutes acceptance of the updated Terms and Conditions.

32. Contact Details

32.1 Business Details
Purnell Trophies and Apparel Pty Ltd
ABN: 15 122 543 480
Business names: Purnell Trophies / Triton Sports
Registered office: 2/24 Broadmeadow Rd, Broadmeadow 2292
Business address: 1/24 Broadmeadow Rd, Broadmeadow 2292
Email: winner@purnells.com.au
Telephone: 02 4961 2666
Website: https://www.purnelltrophies.au/

32.2 Notices
Any notice or formal communication under these Terms and Conditions must be provided in writing and sent to the relevant contact details most recently provided by the receiving party.
Purnells may provide notices by:
• email;
• post;
• invoice message;
• quotation terms;
• Website publication;
• signage at premises; or
• other reasonable written means.

32.3 Customer Contact Details
The Customer is responsible for ensuring that all contact, billing and delivery details provided to Purnells are accurate and current.
Purnells shall not be liable for loss, delay or non-delivery arising from incorrect or outdated Customer contact details.