Australian Merch Co is a trading name of What Rumour Pty Ltd ABN 50 153 651 757, 1/241–243 Browns Rd, Noble Park North VIC 3174. Phone (03) 9758 2386. Email
sales@australianmerchco.com.
1.1 These Terms of Trade apply to every quote, order and supply of goods and services by What Rumour Pty Ltd trading as Australian Merch Co (“AMC”, “we”, “us”) to the customer (“you”).
1.2 You accept these Terms when you approve a quote, pay a deposit, approve a proof or place an order, whichever happens first.
1.3 Each order is governed by the version of these Terms in force on the date we accept that order. We may update these Terms for future orders. The current version and its effective date appear at the top of this page.
1.4 These Terms prevail over anything inconsistent in our FAQs, website, marketing material or your purchase order, unless we agree otherwise in writing.
2.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded.
2.2 Where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, and the law allows, our liability for failing to comply with a consumer guarantee is limited, at our option, to: replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing or repairing the goods; supplying the services again; or paying the cost of having the services supplied again.
2.3 To the extent permitted by law, we are not liable for any indirect or consequential loss, including loss of profit, revenue or business opportunity.
3.1 Quotes are valid for 14 days from the date of issue. They are based on the artwork, garments, quantities, colours and delivery date stated in the quote.
3.2 The quoted price is fixed for orders accepted within the validity period. If you change the artwork, garments, quantities, colours or delivery date, we will issue a revised quote.
3.3 After we accept your order, we will only increase the price if our supplier increases the garment price before we have purchased stock for your order. We will notify you in writing first. You may then cancel the affected order within 2 business days of our notice without paying the fees in clause 9.
3.4 Set-up, screen, proofing, design, rush and freight charges are shown on the quote.
4.1 The following minimums apply per design and print colourway:
| Decoration method | Minimum order |
|---|---|
|
Screen printing, 1–3 colours |
25 units |
|
Screen printing, 4–6 colours |
50 units |
|
Screen printing, 7–9 colours |
75 units |
|
Screen printing, 10–12 colours |
100 units |
|
Embroidery |
30 units |
|
Digital (DTF) and vinyl transfers |
15 units |
4.2 Different garment styles may be combined to reach a minimum, provided the design and print colours are identical.
4.3 We print up to 12 colours per design. A white underbase printed on dark garments counts as a colour.
4.4 We do not accept orders below these minimums.
5.1 Orders using garments you supply require a minimum of 50 garments to be decorated per order. The minimum in clause 4 also applies. Where it is higher, the higher minimum applies.
5.2 You must also supply spares of at least 3% of the order quantity (minimum 2 garments). Up to 3% of customer-supplied garments may be misprinted or damaged in production. Garments within this allowance are not reprinted or compensated.
5.3 Garments must arrive unpacked, folded, grouped and separated by size, with stickers and swing tags removed, and with a full size breakdown and packing list. Garments that do not meet this requirement incur an unpacking fee of $0.10 per garment.
5.4 You must tell us the fabric composition and any treatments of the garments (for example water-repellent, anti-microbial or sublimated finishes). We can only test garment suitability to a limited extent. We may ask for a sample of an unfamiliar brand or style, and may decline to decorate garments we reasonably consider unsuitable.
5.5 Where misprints or damage exceed the 3% allowance and are caused by our decoration: above the greater of 10 garments or 10% of the order, we will re-decorate replacement garments you supply at no decoration charge; between 3% and that threshold, we will credit the decoration charge for each affected garment.
5.6 Subject to clause 2, where we accept liability for damage to customer-supplied garments, our liability is limited to refunding the decoration charges for the affected garments plus up to 20% of the proven manufacturing cost of those garments.
6.1 Artwork must be supplied as vector files (AI, EPS or PDF) or as high-resolution PNG or JPG files at a minimum of 300 dpi at print size.
6.2 We will send you a digital proof before production. Two rounds of proof revisions are included. Further rounds are charged at $65 per round.
6.3 You must check the proof, quote and invoice for spelling, content, garment style, colours, sizes, quantities and print placement. Production starts only after you approve the proof. We are not responsible for errors contained in a proof you have approved.
6.4 Digital proofs show the design on an average garment size. Across a size range, the same print may appear larger on smaller garments and smaller on larger garments. Exact print dimensions and positions are recorded on the order.
6.5 We prepare supplied artwork for production, including resizing and minor adjustments. We do not create original designs. Design services are charged at $65 per hour, minimum 1 hour.
6.6 You warrant that you own, or are licensed to use, all artwork, logos, trade marks and other material you supply, and that our reproduction of it will not infringe anyone’s rights. You indemnify us against any claim, loss or cost arising from a breach of this warranty. We may refuse any work we reasonably believe infringes third-party rights or is unlawful.
6.7 Screens and films we produce remain our property. We keep screen information in our digital library and may hold screens for up to 6 months. After that, a repeat order requires a new screen set-up, charged per colour.
6.8 We may photograph completed work for our portfolio and marketing unless you tell us in writing not to.
7.1 Print colour: screen-printed colours are Pantone simulations, mixed using our ink formulation system to match the Pantone reference you supply as closely as possible. The final printed colour can also be affected by the garment’s colour and fabric, ink deposit and curing. Colours shown on screen in digital proofs are indicative only. A colour difference of up to ΔE 4.0 (CMC 2:1) from the Pantone reference, or where none is supplied the colour specified on the approved proof, is within tolerance, assessed under D65 (daylight) viewing conditions. Embroidery thread colours are matched to the nearest available shade in the Madeira Classic or King Star (Fujix) thread ranges. For digital transfers where you supply Pantone, HEX or LAB values, we may check colour using spectrophotometer readings.
7.2 Print size and placement: within ±10% of the dimensions and position recorded on the order.
7.3 Garment colour: variation between manufacturer dye lots is not a defect.
7.4 Results within these tolerances are not defects.
8.1 Misprints within 3% of the order quantity (rounded down, minimum 1 garment) are within tolerance and are not reprinted. We will credit the full unit price of each garment ordered but not delivered.
8.2 Above 3%, we will replace and reprint the affected garments where replacement stock is available.
8.3 If replacement stock is not available: misprints above the greater of 10 garments or 10% of the order will be reprinted once stock arrives; misprints between 3% and that threshold will not be reprinted, and a credit equal to the full unit price of each affected garment will be applied to your invoice.
8.4 Customer-supplied garments are covered by clause 5.
9.1 If you change garments, colours, sizes or quantities, or cancel an order, after we have accepted it, a change fee applies to cover reordering and restocking: the greater of $100 or 20% of the invoice total. Freight and handling, proofing and set-up costs already incurred are charged in addition.
9.2 Orders cannot be changed or cancelled once production or any garment handling has begun (including tag removal, printed tags, printing and hem tagging). Decorated garments cannot be returned to suppliers, and the full order price is payable.
9.3 We do not offer refunds or exchanges for a change of mind, for a size, style or colour you selected, or for an error in a proof you approved. This does not affect your rights under clause 2.
10.1 A 50% deposit is required to confirm all orders. Customers with an approved credit account pay in line with their account terms instead.
10.2 The balance must be paid before dispatch or collection, unless you have an approved credit account.
10.3 Overdue amounts attract interest at 10% per annum, calculated daily, starting 5 business days after the due date. You must also pay our reasonable costs of recovering overdue amounts, including collection agency and legal costs.
10.4 We may suspend work on, or withhold delivery of, any order while an amount you owe us is overdue.
11.1 Ownership of goods we supply stays with us until we receive payment in full for those goods and any other amount you owe us. Risk passes to you under clause 13.
11.2 These Terms create a security interest in all goods we supply to you, and their proceeds, under the Personal Property Securities Act 2009 (Cth) (PPSA). You consent to us registering that interest on the Personal Property Securities Register and will provide any information we reasonably need to do so.
11.3 To the extent the law allows, you waive your right to receive a verification statement, and sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply.
11.4 You must tell us in writing before changing your name, ABN or address.
12.1 Standard turnaround is 10 business days, or 15 business days during our peak period (1 October to 31 January). It starts from the later of your proof approval and receipt of your cleared deposit (or proof approval, for approved credit account customers).
12.2 Turnaround depends on garment availability from our suppliers. We will tell you as soon as a stock delay affects your due date. Delays in proof approval, payment or delivery of customer-supplied garments move the due date accordingly.
12.3 A requested completion date shorter than standard turnaround is a rush order. Rush orders incur a surcharge of 30% of the total invoice value, or 100% of the total invoice value where completion is required in under 5 business days. Rush surcharges are quoted and agreed in writing before production starts, and are subject to capacity.
13.1 Delivery times are carrier estimates and are not guaranteed.
13.2 Risk in the goods passes to you when they are dispatched to the carrier or collected from us.
13.3 You must provide a delivery address where the goods can be received. If a delivery fails because no one is available or the address is incorrect, return and redelivery costs are charged at the carrier’s rates.
13.4 If goods are not collected within 14 days after we notify you that they are ready, we may charge reasonable storage or handling fees.
13.5 If goods remain uncollected for an extended period, we may, after giving you reasonable notice and subject to applicable law, dispose of, recycle or otherwise deal with the goods. You remain liable for any amount owing for the goods.
14.1 Please inspect your order within 7 calendar days of delivery or collection. To report a problem, email sales@australianmerchco.com with your order number, a description of the issue and photos.
14.2 Keep the affected goods unworn, unwashed and unaltered, and do not distribute or sell them. Return all units included in your claim to us for inspection. Subject to clause 2, we are not required to provide a remedy for any unit that is not returned. If returning the goods would cost you a significant amount, contact us and we will arrange collection.
14.3 Where goods are outside the tolerances in clause 7 or are otherwise faulty, and the fault was not in a proof you approved, we will reprint, replace or refund the affected goods in line with clauses 5 and 8.
14.4 We inspect garments we purchase on receipt against the supplier’s delivery docket. We resolve manufacturer faults such as discolouration, physical damage or staining with the supplier before decoration.
14.5 This clause does not limit your rights under clause 2.
15.1 These Terms are governed by the laws of Victoria, Australia. Each party submits to the courts of Victoria.
15.2 If any part of these Terms is invalid or unenforceable, it is severed and the rest continues to apply.
15.3 Notices to us must be sent to sales@australianmerchco.com.
