Terms and Conditions

The Following Terms and Conditions form part of the contract between Melbourne Signage Pty Ltd (Melbourne Signage) and any of its clients (You) and can only be altered by written consent of the Managing Director of Melbourne Signage.

  1. DISCLAIMER
    • Due to the following factors, no guarantee can be given about the performance of Melbourne Signages products and services.
      • Melbourne Signage are not marketing and communication experts and cannot comment or provide opinions about the efficacy of the proposed products of services
      • No warranty as to the durability of the work shall be given unless in explicitly set out in writing.
      • Melbourne Signage, unless specifically engaged and separately paid to verify the structural integrity of any existing works being added to or modified.
      • Time is not of the essence and Melbourne Signage makes no promises regarding delivery times and any delays experiences will not constitute grounds for a discount to You or late payment by You.
      • In the event that the original specifications by you need to be changed more than three times Melbourne Signage reserves the right to terminate the Contract and refund the balance, if any, of initial payment for works not yet completed.  In this event, for the avoidance of doubt, you will have seven calendar days to arrange for the collection/removal for any work in progress in Melbourne Signage’s possession and fore the avoidance of doubt after the expiry of that time Melbourne Signage shall be entitled to dispose of the work in progress and charge You for any disposal costs which will be retained from any payment already made.
      • In the event that Melbourne Signage is ready to deliver products and You are not able to accept delivery within seven calendar days of Melbourne Signage notifying You, of their readiness to deliver the products, Melbourne Signage reserves the right to charge storage and (if relevant) transport fees for these items on a cost recovery basis.
    • By engaging Melbourne Signage, you accept that we will be making and relying on the following assumptions in delivering our services:
      • We accept as you have copyright in any designs or photographs supplied to Melbourne Signage to perform our work;
      • That You provide Melbourne Signage with an accurate design file and/or site layouts which we will rely upon in generating products and services;
      • That You have the right to allow Melbourne Signage access to the property and for us to undertake any modifications required and have secured any relevant or required authorities;
      • We act on the presumption that any property or project we advise on is not in violation of any responsible authority requirements regardless of how expressed/mandated.  
      • That You hold insurance over any chattels left in our care and will hold Melbourne Signage blameless for any loss or damage to those chattels not directly attributable to negligence by Melbourne Signage.
      • And you indemnify Melbourne Signage for any obligations incurred as a result of your failure to ensure these assumptions are accurate.
    • Statutory Bodies often are difficult to satisfy and, while all efforts are made to do so, You agree, by entering into this contract that any additional work required to satisfy such bodies will attract additional costs at Melbourne Signage’s normal commercial rates.
    • By engaging with Melbourne Signage, you waive any liability in regard to its any product’s ongoing stability, safety, capacity to damage property or people and indemnify Melbourne Signage for any similar liability relating for losses experienced by third parties including for the avoidance of doubt any lost revenue or profit or capital losses relating to your use of the products and services provided by Melbourne Signage.
  2. DESIGN RIGHTS
    • Copy right in the services conducted by Melbourne Signage do not pass to You until payment in full is made including any additional amounts owing under these Terms and Conditions and will revert to Melbourne Signage in the event of any reversal of any portion of that payment.
    • Melbourne Signage reserves absolutely its Moral rights to be known as the designer of the work.
    • You grant Melbourne Signage, or their agents, the ongoing right to take and license to use photos of its products for promotional work.
  3. PAYMENT SECURITY
    • Orders will not be considered to be accepted before the receipt of a 100% deposit and any payment for out-of-scope work shall be payable within seven days of the change to your requirements being notified to Melbourne Signage and for the avoidance of doubt before any out-of-scope work takes place.
    • Any work that falls outside the scope of the agreed proposal shall be invoiced at Melbourne Signage’s normal commercial rates as set out in that Proposal.
    • All invoiced amounts are due and payable seven calendar days after the invoice is sent.
    • In the event that the works conducted pursuant to these terms are not covered by the Building and Construction Industry Security of Payment Act 2002, Melbourne Signage shall be entitled to, at Your cost, register a caveat over any real property or properties owned by You to secure any overdue payments owed by You.
    • Any overdue amount attracts penalty interest at the rate set from time to time fixed by the Attorney General under Section 12 of the Penalty Interest Rate Act 1983
  4. DISPUTE RESOLUTION
    • This contract and any dispute arising out of it is subject to the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the Courts of Victoria
    • Indemnity costs for any recovery action including payment for our time and any professional we engage at our/they’re going commercial rate for any work conducted outside of litigation to recover outstanding money.