Limex Website Terms of Use and General Terms & Conditions Terms of Use
By accessing or using this Site and its related software tools, applications or any other Limex service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.
Every offer of a Limex product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms of Use. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Limex has not specifically rejected them.
Limex reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on this Site or, at our election, by sending an e-mail to the e- mail address you provided to us when you registered at this Site. You may withdraw your consent to receive communications from us by contacting customer care.
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
The site and its content are provided “as is” without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for particular purpose, or non-infringement. Access to the site may not be uninterrupted or error-free. Links to any third party products or sites are provided “as is” and without any warranty of any kind, express or implied.
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Limex (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from Limex does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by Limex.
You agree:

(i) to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
(ii) that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Limex reserves the right, in Limex’s sole discretion, to refuse to accept any content provided by you to Limex or to process any order at any time and for any reason. Limex also may terminate its service to and/or the accounts of customers found to be using Limex to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Limex shall have no liability of any kind to you or to any third party arising from such refusal or termination.
If you have a Limex account then you will at all times be responsible for each and every use of the account. Limex has the right to refuse any request made by you and to close your Limex account immediately in the event of any breach of these Terms. All our offers and promotions are without any obligation and subject to availability and confirmation of the order.
Quotations and Proposals and Creation of Contract
No contract shall arise between Limex and you unless and until the following occurs:
(I) Limex has provided a Quotation and/or Proposal to you based on the brief and or instructions provided by you; and
(II) YouaccepttheQuotationpriortoitsexpirationdateand/orProposalbyplacingan order, instructing Limex to proceed and/or executing and returning the Proposal to Limex and paying to Limex any upfront fees prior to the expiration date specified in the Proposal.
Quotes are valid for a period of 14 days from their date of issue. Quotes will be deemed accepted upon you placing an order and/or instructing Limex to proceed with the Project.
Proposals are valid and may be accepted within 14 days from their date of issue. After such 14 day period has expired, Limex reserves the right to reconsider any term or condition of the Proposal (including the re-pricing of the Proposal).
Prices included in Quotations and Proposals are based on Limex’s current cost of production. If between the date of the Quotation and/or Proposal and the date of Completion of the Project, the price of any component such as labour or materials increases, Limex reserves the right to vary the costs payable for the Project to reasonably reflect such increased costs. Limex will advise you of any such proposed increase and you

will have the right to terminate (by notice in writing to Limex) the Project, subject to payment of all costs for work performed by Limex up to the date of such termination.
Agency arrangements
If you contract Limex on behalf of any other person i.e. other than for you personally, you warrant that you are authorised to enter into a contract on behalf of such person and that you will be liable for all costs irrespective of whether or not the details of such other person are disclosed to Limex.
If Limex is contracted to work on a Proposal for a Client of yours, Limex will have no duty or responsibility to such Client and will not be contractually bound to such Client.
You agree to indemnify Limex against any claim (of any nature) by any Client of yours which arises as a direct or indirect consequence of your use, or inability or unwillingness to use, the material delivered by Limex to you.
Process and brief
In order for Limex to provide Goods and/or Services and to deliver a Project on time and within the parameters of a Quotation and/or Proposal, all supporting documentation and information must be provided to Limex before the issue of any Proposal and before Limex commences work.
Limex shall only be required to fulfil the instructions specified in the Quotation and/or Proposal and shall not be responsible for errors or omissions in your instructions or verbal instructions.
On the valid acceptance of a Proposal, Limex will, where applicable, confirm the proposed process, timeline and delivery date for the performance of the Project.
Costs and Fees
All prices are based on work specified in the Quotations and/or Proposals and/or further instructions given by you. The labour costs specified in Limex’s Quotations and/or Proposals are based either on an hourly rate or on a Project basis. On occasion, where requested by a Client, Limex may consider a retainer arrangement.

You will be liable for any goods and services tax payable on the supply of Goods and/or Services by Limex to you. GST will be charged in addition to costs and fees and will be itemised in the Invoices.
Emergency turnaround requirements of less than 72 hours, and out of business hour requirements, will attract a premium, which will be negotiated and agreed with you. Prices will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion of a Project.
Payment Terms
All Invoices will be payable COD unless prior credit arrangements have been agreed with Limex.
Any deposit specified in the Proposal must be paid by you prior to commencement of work on the Project and is non-refundable.
Limex will issue Invoices at Completion of the Project for the price specified in the Quotation and/or Proposal plus any additional charges referred to in these Terms and Conditions or as agreed. If the Project is extended, Limex may at its discretion issue interim Invoices on either a monthly basis or such lesser period by reference to the work performed to that date in accordance with the fee schedule included in the Proposal, or if no fee schedule is specified, as reasonably calculated by Limex by reference to the amount of work performed.
Limex may issue an Invoice for the amount specified in the Quotation and/or Proposal before commencing the Project where Limex has not previously carried out work for you or where Limex considers it prudent to do so. Limex may, in the event that Limex is of the view that completing the Project will take more than a month, at any time before the Project is completed, issue one or more Invoices for a proportion of the amount specified in the Quotation and/or Proposal (the proportion to be at Limex’s discretion) and require that proportion to be paid in advance of any further work being done.
Late or Non-Payment
If an Invoice is not paid when due, Limex may cease any further work on the Project until all outstanding Invoices have been paid.
Limex may at its discretion charge interest on amounts not paid when due. Such interest is to be calculated on a daily basis from the date any such amount should have been paid

until the date of payment. Such interest will be payable at a rate equal to that charged by the Commonwealth Bank of Australia on overdrafts not exceeding $100,000, plus 4%.
You must pay to Limex any costs, expenses or losses incurred by Limex as a result of your failure to pay all sums outstanding from you to Limex (including without limitation all debt collection and legal costs (on an indemnity basis)) which are incurred by Limex in recovering monies due by you to Limex.
Limex shall notify you when the Goods and/or Services are ready for collection.
You must collect the Goods and/or Services from Limex’s premises upon being notified by Limex that the Goods and/or Services are ready for collection, or, if Limex agrees to deliver the Goods and/or Services, you shall bear all freight and charges of such delivery.
You must inspect Goods and/or Services supplied by Limex as soon as reasonably practicable upon delivery or otherwise. Any claims against Limex must be in writing within 48 hrs of delivery.
To the fullest extent permitted by law, except as provided herein or under Australian Consumer Law, Limex shall not be liable to you in contract or tort for any loss or damage or for consequential loss or damage of any kind (including but not limited to increased costs or expenses, any loss of profit, revenue, business, contracts or anticipated savings, any loss or expenses resulting from a claim by a third party or any other special, indirect or consequential loss or damage of any nature whatsoever) arising out of the supply of the Goods and/or Services, or arising out of Limex’s negligence, or caused by Limex’s failure to complete or delay in completing the Project or to deliver Goods and/or Services or in any way whatsoever.
Except as otherwise provided in Australian Consumer Law, any advice, recommendation, information, assistance or service given by Limex in relation to the Goods and/or Services provided by Limex or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. Limex does not accept any liability or

responsibility for any loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.
Limex acknowledges liability for the guarantees in relation to the supply of Goods and/or Services prescribed by Australian Consumer Law provided that to the extent permitted by Australian Consumer Law, the liability for any failure to comply with such guarantees is hereby limited to:
(i) In the case of Goods, any one or more of the following:
(a) The replacement of the Goods or the supply of equivalent goods;
(b) The repair of the Goods;
(c) The payment of the cost of replacing the Goods or of acquiring equivalent goods; or (d) The payment of the cost of having the Goods repaired; or
(ii) In the case of Services:
(a) The supplying of the Services again; or
(b) The payment of the cost of having the Services supplied again.
Except as otherwise provided in Australian Consumer Law, Limex will not be liable to you for loss, howsoever caused, of any Client property supplied to Limex or for any damage, loss or destruction of any Client property unless the loss or damage has been caused by the failure of Limex to exercise due care and skill in handling or storing such property.
Limex will not be liable to you for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by you to Limex or for any damage, loss or destruction of any property of you unless the loss or damage has been caused by the failure of Limex to exercise due care and skill in handling or storing such property.
Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Limex are expressly excluded (unless such warranties cannot at law be excluded).
Expedited Completion of Project
You acknowledges that a requirement for urgent completion of a Project increases the likelihood of defects. Limex will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of a Project.
Cancellation and Postponement

If a Project is terminated or cancelled or suspended or postponed for a period of up to 30 days by you prior to Completion, Limex shall be entitled to be compensated for hours worked on the said Project to the date of termination, cancellation, suspension or postponement, including the costs of any materials, incidentals and third party contractors.
Except as otherwise provided in the Australian Consumer Law, you agree that Limex is not liable for any loss of income or for any indirect or consequential costs or damages suffered by you or by any third party as a result of any delay that has been caused to you’s business or to the business of any third party due to the cancellation, suspension or postponement of any Project.
Third Party Contractors
Limex, may as agent for you directly or indirectly engage the services of another contractor (“Third Party Contractor”) to carry out all or part of the Project. Limex shall pay the charges of Third Party Contractors on your behalf and recharge them under the Project fees.
Limex will take all reasonable care in selecting and instructing a Third Party Contractor. While reasonable care will be taken, Limex has no control over the activities of a Third Party Contractor and therefore, except as otherwise provided in the Australian Consumer Law, accepts no responsibility for the services provided to you by any such Third Party Contractor or for any errors or omissions in its services or products. Any claim by you in relation to such services must be made directly against the Third Party Contractor.
Goods and/or Services from Third Party Suppliers
If Limex must obtain goods (including stock, typefaces, plates etc) and/or services not normally stocked or supplied by Limex from a third party in order to carry out your instructions:
(i) Limex will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or services.
(ii) Limex acquires these goods and/or services as agent for you and not as principal. Limex will have no liability to you in relation to the supply of those goods and/or services. Any claim by you in relation to the supply of those goods and/or services must be made directly against the third party supplier.
(iii) Limex will pay the third party for the goods and/or services on your behalf and add the costs to you’s next Invoice as a disbursement.
(iv) Any such goods are obtained on the basis that title in those goods passes to Limex when the goods are incorporated into the work done by Limex.

Material Supplied by Client
If Limex and you agree that you are responsible for supplying materials for the purposes of the Project, you must supply sufficient quantities of materials to allow for spoilage ad wastage, with such quantity to be specified by Limex. Limex will not normally count or check the materials and if requested by you to do so, may charge for counting or checking.
Limex will not be responsible for any defects in the goods which are caused by defects in or the unsuitability of materials supplied by you. Property in any materials supplied by you and incorporated into the Goods and/or Services passes to Limex at time of incorporation.
Limex will not be responsible for any delay in delivery due to incomplete, damaged, inadequate or otherwise deficient materials supplied by you or a third party provider mandated by you.
Copyright and Trademarks
Copyright in all work produced by Limex shall remain the property of Limex unless otherwise agreed in writing.
All Goods and/or Services provided by Limex may only be used for lawful and ethical purposes. This includes, but is not limited to copyrighted material. Limex is not required to perform any Goods and/or Services it considers to be unethical, objectionable, threatening, obscene or pornographic.
You warrant to Limex that you have copyright in, or a license to authorise Limex to reproduce all materials supplied by you to Limex for the purpose of the Project. You expressly authorises Limex to reproduce all and any of such works for the purposes of the Project.
You warrant you have the right to use applicable trademarks which may be incorporated in any Project.
You indemnify and agree to keep Limex indemnified against all liability, losses or expenses incurred by Limex in any way directly or indirectly connected with any breach of copyright and trademarks or any third party in relation to any materials supplied by you for the purpose of the Project.
Conditional upon receipt of payment in full for the work performed by Limex, Limex grants to you a non-exclusive license to use Limex’s copyright in works created by Limex for the purposes of the Project only, but for no other purposes.

Final Proofs & Acceptance
Final proofs will be presented by Limex to you for approval prior to Completion of work.
When you approve a final proof, you will be taken to have to have reviewed all aspects of the material presented and to be satisfied with it and to have noted any exceptions in writing.
If Limex has submitted to you a proof of the work, Limex will not be responsible for any error in the work which appeared in the proof and which was not corrected by you before the Project was completed. The cost of additions or alterations to any proof submitted to a Client will be added to the price.
The risk in the Goods and/or Services passes to you at the time of delivery if Limex delivers the Goods and/or Services to your premises or you collects the Goods and/or Services from Limex’s premises. If the Goods and/or Services are not collected or delivered within 7 days of Limex notifying you that the Goods and/or Services are ready for collection, risk passes on this date.
Limex shall not be liable for insurance, freight or loss or damage to Goods and/or Services in transit incurred in delivery or which have been left at Limex’s premises.
Limex has no obligation to insure any property of you in Limex’s possession. You must pay the cost of any insurance arranged by Limex at the your request.
If you leave property in Limex’s possession for more than 4 weeks, Limex may dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
Title & Ownership
Ownership of and title to the Goods and/or Services contained in any Project delivered to you under any contract between Limex and you, shall not pass to you until payment in full of all Invoices and sums due to Limex under such contract has been made to Limex.
The risk of damage to or destruction of any item delivered by Limex to you shall pass to you upon delivery, notwithstanding that ownership of the item has not then passed, and you shall ensure that such item is adequately insured from time of delivery.

Until the Goods and/or Services have been paid for in full, you must not:
(i) either sell the Goods and/or Services or use the Goods and/or Services in a manufacturing process, other than in the ordinary course of its business, in which case you grant to Limex a security interest in either every payment to you for the Goods and/or Services or the portion of every payment for the manufactured product that relates to the Goods and/or Services (both as proceeds of the Goods and/or Services and as original collateral); and
(ii) sell, assign, charge or otherwise encumber or grant any interest over any debts and other obligations which any third party may owe to you as a result of the use, manufacture or resale of the Goods and/or Services.
You irrevocably authorise Limex at any time, to enter any premises upon which the Goods and/or Services are stored to enable Limex to inspect the Goods and/or Services and, if you have breached these terms and conditions or suffered an Insolvency Event, to reclaim possession of the Goods and/or Services. You indemnify Limex against any liability to any person in connection with the entry or reclamation.
You acknowledge and agree that:
(i) these Terms and Conditions and any contract between you and Limex may create a security interest in all present and after acquired Goods and/or Services and any proceeds as security for you’s obligations to Limex for the purposes of the Personal Property Securities Act 2010; and
(ii) Limex is a secured party in relation to the Goods and/or Services and any proceeds of the Goods and/or Services, and is entitled to register its interest on the register as a security interest and if applicable, a purchase money security interest.
You undertake to:
(i) take all steps requested by Limex to ensure its security interest in the Goods and/or Services and the proceeds is enforceable, and to perfect, or better secure the position of Limex;
(ii) reimburse Limex for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Security Register;
(iii) give Limex not less than 14 days’ prior written notice of any proposed change to your name and/or any other change in your details.
You waive any rights to receive any verification statement or other notice required to be issued under the Personal Properties Securities Act 2010.
Electronic Media
All discs, tapes, compact discs or other media (other than the media supplied by you) used by Limex to store data for the purposes of completing the Project are the property of

Limex. You cannot require Limex to supply to you any such data. Limex may charge you for supplying such data where it chooses to supply such data to you.
Limex will not be liable for storing any data on discs, tapes, compact discs or other media when the Project has been completed. If Limex agrees to store such data, Limex may charge you to do so.
Force Majeure
Limex will not be liable for any loss, damage or expense suffered or incurred by you where such loss is occasioned by any cause beyond Limex’s reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
Immediate Termination
In the event that:
(i) you becomes insolvent (within the meaning of the Corporations Act 2001) or makes any voluntary arrangement with its creditors, or
(ii) a petition is presented or a resolution is passed to wind up you (other than for the purposes of reconstruction or amalgamation as a solvent company), or
(iii) a receiver or other external administrator is appointed over the whole or any part of the assets of you, or
(iv) you shall otherwise cease trading, or
(v) any distress, writ of execution or other process is levied or enforced against any
property of you;
then in any such event Limex shall (without prejudice to any other right or remedy
available to it) be entitled to terminate or cancel any contract between itself and you or suspend any further deliveries of the Project or Goods and/or Services without any liability to you and if any materials or Goods and/or Services have been delivered or supplied but not paid for, the price of such materials and Goods and/or Services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
No Waiver
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or

future exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Any provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
Governing law and jurisdiction
These Terms and Conditions are governed in law in force in the State of Western Australia Territory and parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.