terms & conditions.

NEON REPUBLIC TERMS AND CONDITIONS FOR CUSTOM ORDERS

Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you place an order. By submitting an order to Neon Republic ACN 618 480 201 (“The Company”), you agree to our Terms and Conditions and you are aware that you are entering a binding contract.

1. General Conditions of Contract
   • These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to the custom design, supply and/or installation of lighting and decorative items (“Products”).
   • These Terms and Conditions are subject to change without notification by the Company.
   • These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.

2. Custom Order Quotation Agreement
   • The Client accepts that the Custom Order Quote (“Quote”) is an estimate only and pricing provided is subject to confirmation by the Company.
   • The Client understands that Products will not be ordered until the Company has received full invoice payment.
   • The Client understands that the Quote includes GST but does not include delivery, installation or any other associated costs unless otherwise specified.
   • By acceptance and payment of the Quoted amount, the Client acknowledges that the Custom Order is subject to these Terms and Conditions and agrees to be bound by them.

3. Refunds and Returns
   • The Company will not refund any monies paid or accept any returns for Custom Order Products.
   • If the Products arrive to the Client in a damaged state, the Client is required to notify the delivery agent and the Company within 24 hours. The Client is to provide photographic evidence of the damage to the Company to verify.
   • The Products are handmade and therefore subject to variations and slight discolourations. Some variations in colour can also occur as a result of computer screen and printer calibration. The Client acknowledges that these variations and discolourations are not a fault of the Products and accepts the potential of such occurrence.

4. Use of Products and Warranty
   • The Client acknowledges that Products are for indoor use only.
   • The Client acknowledges that they have or will receive adequate instruction on the correct use of the Products prior to delivery and accepts any liability, including all costs associated with repair or replacement of the Products as a result of incorrect use.
   • The Company offers a one-year manufacturer’s warranty (“Warranty”) on the Products. The Warranty does not cover general wear and tear or damage as a result of misuse of the Products.

5. Title
   • The Company and Client agree that ownership of the tangible Products shall not pass until:

• the Client has paid the Company all amounts owing for the particular Products; and
• the Client has met all other obligations due in respect of all agreements between the Company and the Client.
  • The Client acknowledges that ownership of copyright over all drafts and final concepts and artwork remains with The Company.
  • The Client agrees not to use, recreate or reproduce any intellectual property of The Company, whether registered or unregistered, including any draft or final artwork, copyright, trademarks, logos, service marks, trade names or business names.
  • The Company agrees not to use, recreate, reuse or reproduce any existing intellectual property belonging to the Client, except in the creation of Products for the Client pursuant to their instructions.
  • The Company reserves the right to use photographs of the Products and/or concept artwork for the purposes of marketing and/or a portfolio in any marketing material or medium.

6. Client Responsibilities
   • The Client is responsible for ensuring that their Custom Order Designs are not in violation of any intellectual property rights of others and are compliant with any relevant laws or social standards. The Company will not be held responsible for any intellectual property infringements for any designs created for The Client.
   • The Client is responsible for protecting the intellectual property rights of their Custom Designed Products.

7. Force Majeure
   • The Company shall not be liable for any failure or delay in supply or delivery of services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

8. Applicability
   • The Terms and Conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services and products of Neon Republic, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.