Terms and Conditions

POUCH DIRECT PTY LTD hereinafter Referred To As The Company Standard Conditions of Sale
The following Standard Conditions of Sale varied from time to time by the Company will govern this transaction and all contracts between the parties except as otherwise specifically agreed in writing by the buyer and the Company.

PAYMENT TERMS

For Approved Credit Account Holders: Net monthly account requiring settlement in full for goods invoiced up to and including the last day of a calendar month to reach the Company no later than the last day of the following calendar month. The Company reserves the right to charge interest at commercial rates on amounts outstanding after the due settlement date. The Purchaser shall also be liable to pay all expenses, legal costs on a solicitor and own client basis, of the Supplier in relation to obtaining remedy of the failure to comply.
For Non-Credit Account Holders: Cash on Delivery or Cash while placing order only.

PRICES AND QUANTITIES

Quotations are for information only and are binding on the Company only if and to the extent that they are incorporated in an order to the Company which has been accepted in writing all prices quoted are exclusive of GST. The Company reserves the right to alter or amend prices up to the time goods are dispatched.
All Australian orders will have applicable taxes added. There is no GST applied to orders originating outside of the Australia. The company is not liable for any local duties, custom, freight or taxes related to importation or delivery of goods either to or by the buyer.
There would always be up to + or – 45 % (plus or minus Forty Five Percent) of quantity variation in custom printed orders, which the customers must accept. Customer would also be informed about the quantity variation before placing the order. No refund, credit or discount would be provided for extra quantity or under quantity produced, customer must have to pay for the balance quantity when products are ready for delivery.

CONTRACTS

When a "Call Off" contract order is placed with the company without giving any specific delivery dates, the buyer understands that the whole quantity ordered may have been manufactured it is expressly agreed that in this event the total quantity contracted for will be accepted for delivery within one year of the order being placed with the Company.
The Company shall have the option to rescind any contract or order between the Company and the buyer and/or to suspend delivery of goods in any of the following events:-

  • should any sum owed by the Buyer to the Company be overdue for payment
  • should the Buyer be in breach of any term of the same or any other contract with the Company
  • should the Buyer enter into any composition or arrangement with or for the benefit of his creditors have a receiving order in bankruptcy made against him or go into liquidation or receivership either voluntary or compulsory

OWNERSHIP

The Company and the Buyer expressly agree that until the Company has been paid in full for the goods comprised in this or any other sale contract between them
the goods remain the sole and absolute property of the Company and the Company may recover the goods at any time from the Buyer if the amount outstanding to the Company remains unpaid after the due date for payment has passed for that purpose the Company its servants and agents may enter upon any land or building upon which the goods are situated
the Buyer has the right in the course of his business to dispose of the goods which are the property of the Company on condition that the Buyer shall hold the proceeds of such disposal on trust for and on-demand pay to the Company any monies due or owing to the Company
All cylinders, tools, moulds and other equipment made, prepared or obtained by the Company shall be and remain the property of the Company whether or not a charge is made to the Buyer in respect thereof and the Company shall have the exclusive rights to any patents, registered designs, trademarks, copyright or other intellectual property rights retained therein. Also, the design/artwork/logo created by the company for the customer shall be and remain the property of the company whether or not a charge is made to the buyer in respect thereof. The customer is not allowed to use or provide that design/s either same or slightly altered to any other company for sourcing custom printed packaging from them.

CLAIMS

Claims in respect of any alleged defect in the quality of the goods delivered must be made in writing within 14 days after delivery or if related to the transport of the goods within such time as will enable the Company to comply with the time limit and procedure of any carriers by whom the goods were transported
The return of goods shall not be made without prior agreement between the buyer and the Company. There is a handling charge of 10% of the invoice value on any good returned other than through where agreed in advance in writing or through faulty manufacture or transit damage.
If the buyer shall make any complaint within the time stipulated the Company shall after reasonable time for investigation and examination of the goods in dispute shall be entitled at its option:-

  • To replace any defective goods or
  • To accept the return of defective goods and to credit the Buyer with the sale price thereof or
  • To make the Buyer an allowance representing the difference between the value of goods defective at the time of complaint and the value they would have had if they had not been defective providing the Buyer pays the balance not in dispute according to normal terms
Any complaint of short delivery or of damage to goods in transit must be notified within 24 hours of receipt of goods and confirmed in writing at that time by the Buyer to the Company

CANCELLATION OR ALTERNATION OF ORDERS

Where the Company agrees to supply goods, it may refuse a request for cancellation suspension or alteration to the order if materials or components have been ordered from a third party or manufacture of the goods has commenced. No order which has been accepted by Pouch Direct may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify Pouch Direct in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by Pouch Direct as a result of the cancellation
Consumers do not have a right to return a product and ask for a refund for stock bags and pouches if they:

  • changed their mind and no longer want the product
  • ordered the wrong product
  • found the product cheaper elsewhere
  • found a better product elsewhere
  • were aware of the relevant fault before buying the product (For e.g. Colour variation in paper pouches)
  • damaged the product by misusing it - for example, opening the pouches in a way which resulted creasing on its surface
  • used the product for a long time and the problem is as a result of usual wear and tear

DELIVERY AND QUANTITIES

Once an order is confirmed, the Buyer shall be bound to accept the goods when they are ready for delivery by the Company, irrespective if a lead time indication has been provided.
where the Company agrees to deliver goods to a place chosen by the Buyer the buyer shall provide for the unloading of the goods or reimburse the Company the cost of such unloading
if the buyer fails to take delivery at the time required by the Contract the Company shall be entitled to:-

  • invoice the goods forthwith and
  • to charge at rates giving an economic return for the handling storage and insurance of the goods from the date of invoice to the date when the buyer takes delivery or the Company at its option disposes of the goods
  • for any redeliveries attempted by the freight company, extra charge would be applied, and the customer is liable to pay those charges
  • every delivery would be entitled to “Authority To Leave”. Please note that the company cannot assume responsibility for the safety of parcels with an authority to leave request and if the product gets lost then the company is not liable to provide any replacement, refund, credit or discount for the lost products
where goods are manufactured to the buyer’s specification it is understood that the quantity delivered may vary against the order quantity by up to + or - 45% such extra quantity being invoiced and payable or if deficiency then credited and or refundable as may be appropriate
The Company accepts no liability for delivery when the Buyer requests deliveries to be made by specific or nominated agents.

MATERIALS, PRODUCTION AND FINISHED GOODS

The Company shall not be bound by any oral warranty or representation given or made on its behalf unless confirmed in writing nor by any implied term condition or warranty whether arising by implication or law or to be implied from circumstances save and except a warranty that goods sold shall correspond with the contractual description where orders are placed by the buyer in reliance upon samples provided by the Company the Company shall endeavour to ensure that the goods comply with the quality and dimensions of the sample but no responsibility can be accepted for discrepancies between the sample and the goods delivered stock sizes and weights of goods are approximate only and may not correspond with their contractual description provided that any such differences do not make the goods unsuitable for the buyer's purposes
where goods are made to a buyers own specification, whilst every effort is made to supply an exact size, thickness, colour, function or quality, it must be noted that due to the commercial manufacturing process and the nature of materials used, there is always the possibility of production variances occurring which are subject to certain trade tolerances. Details of such tolerances will be supplied on request, where applicable the codes of practice as recommended by the Packaging Distributors Association will apply the buyer must satisfy himself or herself that such tolerances are acceptable
no guarantee is given that the goods are fit for the Buyer's purpose and the Buyer must satisfy himself of their fitness for any purpose for which they are intended to be used
where the buyer requires the Company to carry out design or printing work in respect of goods ordered colours need only be a commercial match and the buyer is responsible for any errors in proofs which he has signed the buyer will indemnify the Company in respect of any expense or liability arising out of any breach of copyright trade mark etc
Unless otherwise stipulated, for any customised jobs, the buyer must confirm to the requirements outlined in the Pouch Direct Artwork Guide (Available upon request) which supersede any other general codes of practice or Industry tolerances.
During commercial production there are a number of variances that can occur which can impact size, colour and function of the packaging which the customer have to accept.

LIMITATION OF LIABILITY

The Company shall not be liable for failing to perform this or any other contract whether wholly or in part if the failure is caused either wholly or partly by any circumstance or circumstances outside the Company's control in any event it is expressly agreed that the Company will not be liable for any consequential loss caused to the customer as a result of an order being carried out unsatisfactorily whatever the reason for this shortcoming may be no forbearance or indulgence by the Company shown or granted to the buyer whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of the Company against the Buyer or be regarded as a waiver of any of these conditions
time shall not be of the essence of this or any other contract with the Company
The Company shall not be liable for Recommendations and advice regarding the usage and treatments of its products. In particular the Company cannot guarantee that the goods supplied are suitable for the applications intended by the Buyer. The Company accepts no liability for any packed items. It is the responsibility of the Buyer to ensure any packaging meets any legal requirements required for their specific products. The limit of any claim against the company shall be the invoiced amount and no claim for consequential loss will be recoverable against the company.
Pouch Direct Pty Ltd apply great care and attention in producing all products, however their total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to the Purchase Price of the Goods. Pouch Direct Pty Ltd would not be held liable for,

  • economic loss to the customer’s product
  • loss of profits
  • loss of sale or business
  • loss of agreements or contracts
  • loss of or damage to goodwill
  • any indirect or consequential loss; and
  • or in any other short circumstances, Pouch Direct Pty. Ltd. liability would be only limited to the purchase price of the goods

TRADE CUSTOMS

Packaging Trade Customs for the time being in force obtainable from the Packaging Distributors Association shall apply except where inconsistent with these conditions or the express terms of any contract between the Company and the Buyer

PATENTS AND TRADE MARKS

No representation, warranty or indemnity is given by the Company that the Goods do not infringe any letters patent, trademarks, registered designs or other industrial property rights.
If the goods are to be manufactured or designed by Pouch Direct in accordance with a specification submitted by the Buyer, the Buyer shall indemnify Pouch Direct against all damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Buyers specification.

EXPORT TERMS

In these conditions ‘incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the defined of given particular meaning by the provisions of Incoterms shall have the same meaning in these conditions, but if there is any conflict between the provisions of Incoterms and these conditions, the latter shall prevail.
The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

FORCE MAJEUR

The Company shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered caused by any event or circumstance beyond the Company's reasonable control.

WEBSITE

Visitors to any Pouch Direct related websites are required to accept the following terms and conditions in return for the information given to them on this website.
We use our reasonable efforts to include accurate and up to date information on all pages of our website. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
The information on the pages of our website has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
Any material downloaded or otherwise accessed through the use of the web pages on our websites is obtained entirely at the Buyers or viewers own risk and that the Buyer or viewer is entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
We do not accept any liability in connection with any third party websites which may be linked or accessible through our own website and we do not endorse or approve the contents of any such site.
Except where expressly stated to the contrary the text and graphics in the information contained in this website is the copyright of Pouch Direct. Any temporary or Permanent copying or storage of whole or part of this website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
The entire contents of any Company websites remain the property of Pouch Direct and is copyright with all rights reserved.

GOVERNING LAW

The interpretation and terms of these conditions will be governed by the Laws of Australia



PRODUCTION SPECIFIC TERMS AND CONDITIONS:

Custom Manufactured Pouches & Labels :All custom orders cannot be cancelled by the buyer once approved.
Deposits and Payment Terms:
Digital Production: 50% deposit upon order and rest 50% before the first delivery of the order
Roto-Gravure Production: 50% Deposit upon order and rest 50% before the first delivery of the order
Labels: 50% deposit upon order and rest 50% before the first delivery of the order

*Pouch Direct reserves the right to request payment in full upon order for invoice amounts less in value than $2000 or intended for markets which are deemed new or insecure or for any customer who does not get approved for credit terms.
Customer has to pay any fees related to custom die / special tools / cylinders / plates / artwork / PDF Proofs needed for production
All applicable taxes

*** Balance is always due when product manufacturing is complete and ready to ship.
Deposits are non-refundable
Deposits must be paid to the company prior to production.Accepted forms of payment: Visa, MasterCard, Wire Payment, PayPal or Cash.
Payment balance must be received in full prior to the order being shipped from /picked up from the Pouch Direct warehouse or their manufacturing plant.
Orders must be picked-up within 3 weeks of notification from Pouch Direct (Customer will be notified once order is ready for shipping). If order is not picked-up within 3 weeks—warehousing fees will be applicable.
Order will be disposed if not picked-up within 3 Months of manufacturing; cost of such disposal will be invoiced to the customer.
All Over-runs in production of the product will be added to the final invoice to the customer. (Over-run may range between 45%-65% depending on order quantity). If there is an under-run of product, the final invoice will be adjusted to final quantity of bags delivered to customer.
The customer must accept 20% to 25% Shade variation in colors
In custom printed pouches there would be two small Eye Marks at the top or bottom corners which must be accepted by the customers. In most of the cases we would not be able to remove the eye mark, as this helps the machine to cut the pouch in a particular dimension.
There might be 3-5mm difference in the placement of valve compared to the dimensions provided, as this is a semi-automatic process. Customers would have to accept the difference.
Consumers do not have a right to return a product and ask for a refund for custom printed bags and pouches if they:

  • changed their mind and no longer want the product
  • ordered the wrong product
  • provided company with a wrong artwork
  • found the product cheaper elsewhere
  • found a better product elsewhere
  • were aware of the relevant fault before buying the product - for example, mentioning the amount of colour variation on the electronic mock-up of artwork.
  • damaged the product by misusing it - for example, opening the pouches in a way which resulted creasing on its surface
  • used the product for a long time and the problem is as a result of usual wear and tear

As Pouch Direct uses natural paper for manufacturing paper bags and pouches, so there are chances that the texture and colour of the paper might vary due to different paper pulp. Thus, any colour variation in the stock or custom paper pouches should be accepted.
Digital Printing
  • For Digital Printing, front side and back side would be counted as separate colors.
  • There might be a chance for misalignment in the design, if the colors are very near to each other, the customer would have to accept those pouches
  • The printing is done on the top surface of the pouch. If the pouches are scratched using more than normal force than ink will peel off.
  • Each shade has a different scratch resisting strength, metallic colors have less strength than normal colors.
  • There will be slight smell of inks as this technology does not have smell proof inks. We can smell the inks from outer surface of pouch as the printing is done on the outer surface of the pouch. Therefore, the goods packed inside the bags will have no effect of smell. All our inks are made with US FDA food guidelines and they are approved by the authority.
  • The customer must accept 20% to 25% Shade variation in colors.
  • There will be shift in registration of colors in the design which should be accepted by the customers.
For Rotogravure Printing, after the order is placed, cylinders would be stored for 18 months. If no repeat order is placed during that time period, then Pouch Direct would scrap those cylinders without giving any further notice or refund to the customers.
The Company is not responsible for any spelling/grammatical errors, or for failing to display any information which is regulated by a controlling body for the specific product. It is the Customers responsibility to proof read the content and information to be printed onto the product bags. Pouch Direct will print as per the approved die lines received from the customer.
Pouch Direct is not responsible for any damage to the product which may occur during the shipping and handling.
Pouch Direct is only responsible for the value of the packaging sold by them and will not be held responsible/liable for the contents of the bag during the filling process.

Delivery time:

Digital Bag Production: 4-6 weeks
Roto-Gravure Production: 5-6 weeks by Express Delivery, 10-12 weeks by Normal Delivery
Label Production: 4-6 weeks
As the production is done overseas, the company does not assume responsibility for Customers’ timelines due to any delays in shipping, production delays, transport delays or delay in custom clearance that may occur which are out of our control. All prices provided are FOB Pouch Direct warehouse.
The Customer gives the company and its affiliates permission to use the printed and custom bags as production samples to display at trade-shows and further consents to Pouch Direct to showcase their custom printed pouch in their advertising and publications through social media, public marketing, printed matter, websites and as samples to other customers to show the scope of their manufacturing capabilities. Any objection to this condition must be formally provided on company letterhead with ample time for Pouch Direct to remedy.
Quotations are valid for 30 days; prices are subject to change on future orders without notice
Colour Accuracy Digital Printing & Labels; All files in digital printing; unless formerly requested by the customer will be printed with a CMYK printing process without colour matching which can result in colours being different in shade, tone, etc from the colour that will be viewed on printed proofs and computer screens. If specific Pantone colours are required; please indicate them on the die line as well as PO’s and ensure that this information is outlined on the order confirmation as it can affect pricing.
Roto-Gravure Printing; Please indicate Pantone colours with artwork submission to ensure colour accuracy when printing

***For all printing methods; we recommend customers to supply a physical printed proof to colour match, so that the customer can satisfy themselves that the colours are accurate and match their requirements.
  • The Customer must sign off on final proofs prior to production and is responsible to verify all sizes/dimensions and specifications on die-lines prior to signing. Signing on the die-line confirms approval from the Customer that all information provided on the die-line is accurate and ready for production.
  • In the case that an order is processed via a Third Party, Re-Seller or Distributor and where the signed documentation relating to the Proofs, Terms and Conditions, Order Details, Order Confirmation etc where the agreement is signed by someone other than the Officer of the Company’s whose design / artwork the company is printing and manufacturing, the Re-Seller / Third Party is responsible for presenting all our terms and conditions to the Officer of the Company it represents and confirms the terms and conditions laid out in this Agreement are fully accepted by the Company.
  • The Customer personally guarantees the payment of all obligations to Pouch Direct upon placing an order and hereby agrees to bind him/herself to pay on demand any sum which may become due to Pouch Direct. This guarantee shall be a continuing and irrevocable guarantee and action may be taken against the Customer for any non-payment without notice thereof.
  • Stock sizes and weights of goods are approximate only and may not correspond with their contractual description provided that any such differences do not make the goods unsuitable for the buyer’s purposes.
  • During Pouch manufacturing; Size deviances can be observed for 2-3mm in width, height, depth.
  • Due to the nature of commercial pouch production; it is possible that during the heat sealing process and shaping of the pouches that some colours become faded or change in shade. This is not in our control and will not be deemed un-usable by the customer and must be accepted.

Hot Stamping/Foil Stamping Services:

  • Hot stamping is a manual artisan process using a physical plate and cannot be 100% perfect in positioning and print for the entire production order. In ordering Hot / Foil Stamped items; the customer understands this.
  • As the hot stamp is not protected by varnishes, surface lamination, etc; it is possible depending on the finish of the bag and colour that is hot stamped or the Hot Stamp to be rubbed off, scratched off, etc
  • Pouch Direct offers no guarantee for any period of time that the hot stamp will remain on the pouches or item which has been hot stamped.
  • Customer must satisfy himself that this product, bag finish and colour will be satisfactory for them in relation to the longevity of the hot stamp on the said item.
  • Placement of Hot Stamp onto pouch, box, object, etc can be within a 10mm tolerance
  • There are chances that during transportation the Hot Stamping might get scratched slightly due to friction between the pouches, which the customer has to accept, though Pouch Direct would take utmost care to avoid these circumstances.
  • The Plate required for Hot Stamp is not included in the cost of the per/unit Hot Stamp.
  • Lead time: 4-6 week

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