General Terms and Conditions

1] Scope of application
modico Australia, P.O.Box 309, Mona Vale, NSW 1660, Australia, executes all orders and contracts on the basis of the following general terms and conditions. The version valid at the time of the order applies. Deviating regulations are not recognised unless we have agreed to them in writing. In particular, we hereby object to the inclusion of deviating terms and conditions of the customer.

2] Offer and conclusion of contract
The offer according to the price list is non-binding and subject to change. The contract is only concluded when the order is confirmed by us in writing or when modico Australia has begun execution with the knowledge of the customer. Unless otherwise agreed, the prices stated in the offers are valid for a fortnight. The costs for image processing, typesetting and production preparation are due immediately if the customer refuses to release his individually manufactured products for more than two weeks despite his order.

3] Prices
All prices are in AUD excl. GST plus shipping costs.

4] Shipping and delivery
Domestic shipments are insured or uninsured, depending on the value of the shipment, while shipments to other countries are sent by registered mail or parcel post for large amounts. If the buyer is an entrepreneur, a company or a public authority, the shipment is at the risk of the buyer. The modico Australia always tries to deliver as quickly as possible and on time. However, the stated average shipping time is not binding, except in cases where a binding deadline has been agreed in writing by modico Australia has assured a binding date. In case of delayed delivery, claims for damages or compensation for lost profit are excluded. If the delivery date is exceeded by more than four weeks, the buyer has the right to set a grace period of at least two weeks in writing, within which delivery must take place. If the delivery does not take place after expiry of the grace period, the buyer may withdraw from the contract in writing. If ordered goods are not accepted within two weeks of completion, the entire invoice amount shall become due immediately.

5] Payment and default
Delivery within Australia is usually made on prepayment. Delivery abroad only against prepayment. The invoices are due as stated on the invoice, if the note is missing, the invoice is due immediately upon receipt of the goods. From the second reminder onwards, reminder fees will be charged. If the buyer is in default, modico Australia is also entitled to demand interest on arrears at 5% p.a.  If a demonstrably higher damage caused by default arises, modico Australia is entitled to claim this.

6] Retention of title
The modico Australia retains ownership of the delivered goods until all claims arising from the delivery contract have been paid in full. modico Australia is entitled to take back the goods if the customer behaves contrary to the contract. The buyer is obliged to treat the goods with care as long as ownership has not yet been transferred to him. The orderer is entitled to resell the goods in normal business transactions. The customer hereby assigns to us the claims arising from the resale of the goods in the amount of the final invoice amount agreed with us (including value added tax).

7] Warranty, compliance with statutory provisions and rights of use
Customer-specific custom-made products are excluded from exchange, if there is no special design that has been approved by modico Australia is not responsible for a defect. The warranty period is 12 months from receipt of the goods, unless otherwise agreed. The orderer is solely liable for the use of data supplied to modico Australia, for the use of logos, lettering and trademarks handed over to modico Australia, for the violation of copyrights of third parties and for compliance with all legal regulations, in particular compliance with copyright law, trademark law and competition law. Only simple rights of use are granted for designs and layouts, but no property rights are transferred. Deviating regulations, in particular the release of data and files, must be agreed in writing between the customer and modico Australia and must be remunerated separately.

8] Defects and errors
Defects and faults in the goods which are obviously not attributable to modico Australia is obviously responsible for must be reported by the customer within 30 days of receipt. In the case of justified complaints, replacement or rectification will be made free of charge. In the event of a defect that cannot be remedied, the purchase price will be refunded. Further claims of the buyer are excluded.

9] Liability
Notwithstanding the above regulations and the following limitations of liability, we are liable without limitation for damages to life, body and health that are based on a breach of duty by the legal representatives or vicarious agents of modico Australia, as well as for damages covered by liability under the Product Liability Act, and for all damages resulting from the violation of contractual cardinal obligations. Any further liability is excluded, regardless of the legal nature of the asserted claim. As far as the liability of modico Australia is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

[10] Place of performance and jurisdiction
Place of performance and jurisdiction is Mona Vale, NSW, Australia.

[11] Severability clause
Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.