Legals
Trading Terms
Privacy Statement

General legal notice for the Clear Edge Website

1. Intellectual property
Copyright in the design, layout, graphics and other content featured on this Website belongs to Clear Edge. Without prior consent by Clear Edge, copying, modification, reproduction or distribution of the same is strictly prohibited. Nothing on this Website may be construed as granting to any user any licence whatsoever in respect of the intellectual property featured on this Website. Clear Edge makes no representations or warranties that the use of this Website or the information contained herein will not infringe any person's intellectual property rights.

2. Content and liability disclaimer
You rely on the information contained in this Website at your own risk. Clear Edge shall not be responsible for any errors or omissions contained in or on this Website. The information contained in this Website is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
Clear Edge reserves the right to make any changes to the layout of this Website and the information contained in this Website, including changes to its product range, ordering mechanisms and ordering terms. Except in respect of implied warranties, which cannot be excluded by law, Clear Edge does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information communicated and contents of this Website or the products or services it supplies.
Clear Edge shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to this Website or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.


Guntar Graphics Pty Ltd ACN 006 342 203 (trading as Clear Edge)
ABN 74 143 354 038

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1. Introduction

1.1 Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between a supplier and customer for the supply of goods and/or services by the supplier to the customer.

1.2 Interpretation
In these Terms and Conditions: "Business Day" means a day on which banks are open for general banking business in the State or Territory in which the supplier's premises are located; "Estimate" means the estimate referred to in sub-clause 2.1(b) (as amended in accordance with clause 2.4); "Goods" means the final goods produced by the supplier by completing the Order; "GST" means A New Tax System (Goods and Services Tax) Act, 1999; "Interest Rate" means the aggregate of four percentum (4%) and the rate of interest expressed as a percentage per annum charged by the Commonwealth Bank of Australia from time to time on Overdraft Accounts exceeding One Hundred Thousand Dollars "Order" means the work required to be done in order to fulfil the customer's instructions; "Quote" means the quote described in clause 2.1. "Supplier" means Clear Edge Pty Ltd.

1.3 General
In these Terms and Conditions, unless the context otherwise requires:
(a) the singular includes the plural and vice versa.
(b) a reference to a clause is a reference to a clause of these Terms and Conditions.
(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns.
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
(e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.

1.4 Headings
In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.

1.5 Business Day
If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:
(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day and
(b) in all other cases, may be done on the next Business Day.

2. Quotes

2.1 Supplier to provide quote
The supplier may, if requested by the Customer, give the customer a quote specifying:
(a) the work required to be done in order to fulfil the customer's instructions and
(b) an estimate of the supplier's charge for the performance of such work.

2.2 Acceptance by customer
Where the supplier has given the customer a Quote:
(a) The supplier need not commence work until the Quote has been accepted by the customer.
(b) The customer may accept the Quote by instructing (in writing or by supply of a purchase order) the supplier to commence work.
(c) Acceptance by the customer of the Quote will constitute acceptance by the customer of these Terms and Conditions.

2.3 Quote evidence of Instructions
If a written Quote is accepted by the customer, the work the subject of the quote shall be carried out and the customer shall pay for the work in accordance with the Terms and Conditions.

2.4 Supplier may revise Estimate
The supplier may amend any Estimate before the Order has been completed to take into account any rise or fall in the cost of performing the Order and the supplier shall notify the customer of such amendment as soon as practicable thereafter. Upon the supplier giving the customer notification of such amendment such amended estimate shall be and be deemed to be the Estimate for the purposes of these Terms and Conditions.

3. Charges

3.1 Invoice
Subject to clause 5.3, when the Order has been completed, the supplier will issue an invoice to the customer for the amount of the Estimate or, if no Estimate was made, for an amount representing the supplier's charge for the work done in filling the Order, and for any of the other charges specified in clause 3.2.

3.2 Additional Charges
In addition to the amount of the Estimate, or where no Estimate was given, in addition to the amount representing the supplier's charge for the work done, the supplier may charge to the customer:
(a) fees for any preliminary work performed at the customer's request.
(b) fees for additional work required to be done as a result of the customer changing his, her or its instructions.
(c) fees for additional work required to be done as a result of author's corrections, including repagination or reformatting.
(d) fees and other charges for work required to be done urgently, including any overtime costs.
(e) fees for handling or storing material or equipment supplied by the customer for the purposes of the Order.
(f) fees for changing or correcting, in order to ensure that the Goods are properly produced, artwork or any document including computer files supplied for the purposes of the Order by the customer.
(g) freight costs and charges.
(h) other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.

3.3 For the purposes of these Terms and Conditions
(a) the term "supplier's charge" refers in each case to the standard or usual fee charged by the supplier from time to time in respect of the Order.
(b) "preliminary work" means all and any work performed by the supplier at the customer's express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of the supplier at the time when the supplier provided the Estimate.
(c) "additional work" includes all work undertaken by the supplier as a consequence of the customer's variation, alteration or modification of its instructions in relation to the Order and
(d) "freight costs and charge" includes all costs and expenses incurred by the supplier in removing the Goods from its premises, whether by way of actual or attempted delivery to the customer or otherwise.

3.4 Under/Over Supplies
(a) The customer acknowledges that whilst the supplier will make every endeavour to produce the exact number of items in the Order, owing to human and/or machine/computer error the number of items actually produced may be 10% over or under the number specified in the Order ("a discrepancy").
(b) Where a discrepancy occurs the supplier will adjust the amount charged to the customer for the Order a pro rata amount to reflect the actual number of items produced.

4. Delivery

4.1 Rejection
Subject to clause 7.1 the customer may only reject the Goods if they do not comply with the customer's instructions. If the customer wishes to reject the Goods, the customer must notify the supplier of the rejection:
(i) if the supplier agrees to deliver the Goods to the customer's premises - within 7 days of delivery (or such other time as is mutually agreed).
(ii) otherwise - within 7 days of notification that the Goods are ready for collection (or such other time as is mutually agreed).

4.2 Risk
The risk in the Goods passes to the customer:
(a) if the supplier delivers the Goods to the customer's premises - at the time of delivery;
(b) otherwise - at the time the supplier notifies the customer that the Goods are ready for collection. If the customer is entitled to reject the Goods and rejects the Goods in accordance with these Terms and Conditions, risk reverts to the supplier at the time the customer notifies the supplier that the Goods are rejected.

5. Payment

5.1 Time for payment
The customer must, within 30 days of the customer receiving the supplier's invoice, pay to the supplier the total amount set out in the invoice.

5.2 Interest
The supplier may charge interest at the Interest Rate on amounts not paid within the time specified in clause 5.1.

5.3 Advance and progress payments
(a) The supplier may issue an invoice for the amount of the Estimate before commencing the Order where the supplier has not previously carried out work for the customer or where the supplier considers it otherwise prudent to do so.
(b) The supplier may, in the event that the supplier is of the view that completing the Order will take more than a month, at any time before the Order is completed, issue one or more invoices for a proportion of the amount of the Estimate (the proportion to be at the supplier's discretion) and require that proportion of the Estimate to be paid in advance of any further work being done.
(c) If the Order is suspended for more than 30 days at the request of the customer or as a result of something for which the customer is responsible, the supplier may issue an invoice for a particular sum (to be specified by the supplier) for the work already done and for other costs incurred by the supplier (such as storage costs).

5.4 Damages
The customer must pay to the supplier any costs, expenses or losses incurred by the supplier as a result of the customer's failure to pay to the supplier all sums outstanding from the customer to the supplier (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).

6.Non-payment

6.1 Retention of ownership
Until the customer has paid all sums outstanding in relation to the Goods:
(a) Title in the Goods shall not pass from the supplier to the customer.
(b) If the Goods are in the customer's possession, the customer shall hold the Goods as trustee for the supplier and must store the Goods so that they are clearly identifiable as the property of supplier.
(c) The supplier may call for and recover possession of the Goods (for which purposes the supplier's employees or agents may enter the customer's premises and take possession of the Goods without liability to the customer) and the customer must deliver the Goods to the supplier if so directed by the supplier.
(d) The customer may, in the ordinary course of the customer's business, sell the Goods to a third party but:
(i) the proceeds of sale to the third party shall be held by the customer as trustee for the supplier and the customer shall account to the supplier for those sums and
(ii) if the supplier requires, the customer shall assign to the supplier the customer's claim against the third party and shall execute all documents necessary to effect that assignment.

6.2 General lien
The supplier shall, in respect of all sums owed by the customer to the supplier hereunder, have a general lien on all property of the customer in the supplier's possession and may, after 14 days' notice to the customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the customer's property held by the supplier as aforesaid enjoys copyright protection in favour of the customer, the customer hereby grants to the supplier a licence to exercise the rights conferred on the supplier under this clause.

7. Liability

7.1 Proofs
If the supplier submits to the customer a proof of the Goods the supplier will not be responsible for any errors in the Goods which appeared in the proof and which were not corrected by the customer before the Order was completed.

7.2 Non-excludable Rights
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement ("Non-excludable Rights").

7.3 Disclaimer of Liability
The supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the supplier for a breach of a Non-excludable Right is limited, at the supplier's option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods
and/or any services supplied again.

7.4 Indirect Losses
Notwithstanding any other provision of these Terms and Conditions, the supplier is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
(a) any increased costs or expenses.
(b) any loss of profit, revenue, business, contracts or anticipated savings.
(c) any loss or expense resulting from a claim by a third party or
(d) any special, indirect or consequential loss or damage of any nature
whatsoever caused by the supplier's failure to complete or delay in completing the Order or to deliver the Goods.

7.5 Electronic Data
Without limiting the generality of the foregoing clauses, the supplier will not be liable to the customer for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to the supplier.

7.6 Customer's property
Subject to clause 7.5,The supplier will not be liable for the damage, loss or destruction of any property of the customer in the supplier's possession unless the loss or damage is due to the failure of the supplier to exercise due care and skill in handling or storing the property.

7.7 Force Majeure
The supplier will have no liability to the customer in relation to any loss, damage or expense caused by the supplier's failure to complete the Order or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the supplier's normal external suppliers to supply necessary materials or any other matter beyond the supplier's control.

8. General Matters

8.1 Outside Work
If the supplier has to obtain goods and/or services not normally stocked or supplied by the supplier from a third party in order to carry out the customer's instructions:
(a) The supplier 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.
(b) The supplier acquires such goods and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.
(c) The customer must pay for such goods and/or services.
(d) Property in any such goods obtained from a third party and incorporated into the Goods passes to the supplier at the time of incorporation.

8.2 Material supplied by customer
If the supplier and the customer agree that the customer is responsible for supplying materials or equipment for the purposes of the Order:
(a) The customer must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by the supplier.
(b) The supplier will not normally count or check the materials and if requested by the customer to do so, may charge for counting or checking.
(c) The supplier will not be responsible for any defects in the Goods which are caused by defects in or the unsuitability of materials or equipment supplied by the customer.
(d) Property in any materials supplied by the customer and incorporated into the Goods passes to the supplier at the time of incorporation.

8.3 Property left with supplier
If the customer leaves property in the supplier's possession without specific instructions as to what is to be done with it, the supplier may, 12 months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.

8.4 Responsibility to insure
The supplier has no obligation to insure any property of the customer in the supplier's possession. The customer must pay the cost of any insurance arranged by the supplier at the request of the customer.

8.5 Ancillary materials
Unless the supplier and customer agree otherwise, drawings, sketches, paintings, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by the supplier in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of the supplier.

8.6 Copyright
(a) Copyright in all artistic and literary works authored by the supplier shall be the property of the supplier.
(b) The customer:
(i) warrants that the customer has copyright in or a licence to authorise the supplier to reproduce, all artistic and literary works supplied by the customer to the supplier for the purposes of the Order and the customer hereby expressly authorises the supplier to reproduce all and any of such works for the purposes aforesaid
(ii) hereby indemnifies and agrees to keep indemnified the supplier against all liability, losses or expenses incurred by the supplier in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in such literary and artistic works
supplied as aforesaid; and
(c) The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by the supplier for the purposes of the Order however the exercise of such licence shall be conditional upon the supplier having received all monies due to the supplier under these Terms and Conditions.

8.7 Ideas
The customer must keep confidential and not use any ideas communicated by the supplier to the customer without the supplier's written consent.

8.8 Electronic/magnetic media
All disks, tapes, compact disks or other media (other than media supplied by the customer) used by the supplier to store data for the purposes of completing the Order are the property of the supplier. The customer cannot require the supplier to provide to the customer any data so stored. In the event that the supplier does provide any data so stored or created the supplier may charge for supplying such data to the customer.

8.9 Storage of electronic data
The supplier will not be responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If the supplier agree to store such data, the supplier may charge for doing so.

8.10 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 further 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.

8.11 Severability
Any provision 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.

8.12 Governing law and jurisdiction
These Terms and Conditions are governed by the law in force in the State or Territory in which the supplier's premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.

9. Goods and Services Tax

9.1 All amounts are GST inclusive amounts
Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.

9.2 Out of pocket expenses are GST inclusive
All out of pocket expenses referred to in these Terms and Conditions are GST inclusive out of pocket expenses.

9.3 Supplier to assist Customer
The supplier will do all things reasonably available to it to assist the customer to claim on a timely basis any input tax credits (if any) the customer may be entitled to claim for any acquisition of goods and services from the supplier. This includes the supplier maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under these Terms and Conditions on a timely basis as reasonably requested by the customer.


Guntar Graphics Pty Ltd ACN 006 342 203 (trading as Clear Edge)
ABN 74 143 354 038

Clear Edge is bound by and adheres to the Privacy Act (1988) and the National Privacy Principles.

Collection of personal information
Personal information collected by Clear Edge is only used or disclosed for the primary purpose for which the information was collected. We only collect personal information that is necessary for one or more of our business functions or activities. Information collection is undertaken by lawful and fair means and the purpose of collection is made known to individuals at the time of collection.

Use and disclosure of personal information
Personal information is used by Clear Edge for legitimate business purposes only, as disclosed at the time of collection. Personal information may also be used for ancillary purposes such as locating and identifying you as a customer and for servicing our relationship with you. Your contact details may also at times be used by Clear Edge for the purpose of sending marketing correspondence to you. In such cases you may opt out of any direct marketing communication at any time.

Personal information is collected for the purpose of establishing a relationship with our customers, performing necessary credit checks in accordance with our credit application process, providing goods and services to customers and receiving payment for these goods and services.

We do not collect information regarding racial or ethnic background, political opinions, memberships of political associations, professional or trade associations or trade unions, religious beliefs or affiliations, philosophical beliefs, sexual preferences or practices, criminal records or health.

Clear Edge undertakes not to sell, rent or trade personal information. We will not disclose personal information to third parties for them to market goods and services to you. We will not otherwise use or disclose your personal information unless the use or disclosure is authorised under the Privacy Act (1988) and the National Privacy Principles.

Clear Edge may at times rely on contractors to conduct specialised activities such as mail-outs and the dispatch of internet or electronic messages. Contractors performing services for Clear Edge act on behalf of Clear Edge and information supplied may only be used to enable the contractor to perform their agreed tasks. Contractors do not facilitate their own commercial agendas whilst in possession of supplied personal information and contractors may not use or disclose such information for their own purposes. All personal information supplied remains the property of Clear Edge at all times.

Personal information quality
Clear Edge takes all reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date.

Personal information security
Clear Edge takes all reasonable steps to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure. We also take all reasonable steps to destroy personal information if it is no longer required.

Access to personal information
Individuals are allowed access to their personal information on a request basis to the extent we are able to by law and are required under the National Privacy Principles. All requests must be made in writing (via email, fax or letter). Please refer to contact details below. In circumstances where access is denied, an explanation for this would be provided.

Contact details
If you would like further information regarding this Privacy Policy or if you believe that the privacy of your personal information has been compromised, please contact us in writing at the following address:

Attention: Managing Director
Clear Edge
215 Arden Street
North Melbourne VIC 3051

Email: admin@clearedge.net.au
Telephone: 03 9326 7000
Fax: 03 9329 0152
Mail: Clear Edge, 215 Arden Street, North Melbourne, Vic 3051

Please note: Clear Edge may make changes to this Privacy Statement at any time. Any changes to this statement will be published on our web site. This Privacy Statement was last amended on 22 May, 2006.