Terms and conditions

1 Interpretation and incorporation

In these terms, Supplier means XYZ Design Pty Ltd trading as StatSign (ABN 44 669 577 235; ACN 669 577 235); Customer means the contracting purchaser; Goods and Services mean the items expressly specified in the accepted quotation or order confirmation; Contract comprises that document, the agreed specification, approved proof and these terms. ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010.

These terms are incorporated only where disclosed before acceptance. Account provisions apply upon account acceptance. A person instructing the Supplier for an organisation warrants authority to do so. A specific written agreement prevails over an inconsistent general term, subject always to mandatory law. Proof approval alone does not vary price or payment obligations.

2 Scope and formation of contract

Preliminary budgets and calculator previews show an indicative range using the stated uncertainty band of ±5%, ±10% or ±20%. They depend on the assumptions listed and are not a final production quotation. The band is not permission to increase an accepted price.

Before requesting a production deposit, StatSign will provide a fixed price for a defined scope, including the selected options, exclusions, site assumptions, GST, payment amounts and completion arrangements. You must accept that quotation before production proceeds. If a survey, design or engineering stage is needed to confirm it, that stage will be quoted and approved separately.

A final quotation is open for acceptance for 30 calendar days from its issue date unless the quotation states another expiry. After expiry, we will confirm or reissue the quotation before acceptance. Once accepted, its price and scope change only by agreement or as required by law.

Only goods and services expressly included in the accepted quotation form part of the agreed scope. Acceptance of a preliminary budget or payment for a separate survey or design stage does not authorise production.

Installation, access hire, removal, disposal, filling old fixing holes, paint touch-up, traffic management, footings, excavation, electrical work, engineering and permits are optional services and are included only when expressly listed in the accepted scope.

Any quoted wall repair or touch-up identifies the locations and extent of work, substrate assumptions and finish to be provided. Repaired and repainted areas may remain visible because existing colour, sheen, texture and weathering vary; repainting a whole wall is included only if stated.

3 Payment and conditions precedent

For orders below $2,500 excluding GST, the full fixed quotation total, including GST, is payable before production. For orders of $2,500 excluding GST or more, the normal production deposit is 50% of the GST-inclusive total. Where a higher deposit is required for the particular order, its exact amount will be stated and agreed in the final quotation before you accept. The deposit is part-payment of the price, not an automatic cancellation fee.

For an order of $2,500 excluding GST or more that includes StatSign installation, the remaining agreed balance is due on completion of the installation scope and issue of the final invoice, unless a different lawful milestone is expressly agreed. For supply-only orders, the balance is due in cleared funds before dispatch or collection.

The quotation will identify what installation work must be completed for the final payment milestone. Paying an invoice does not remove rights concerning defects or incomplete work. Agreed variations will be shown separately; disputed items and statutory payment rights remain subject to clauses 5 and 27.

Production begins after the required payment, current proof approval and necessary specifications and site approvals have been received. Payment alone is not artwork approval. A separately quoted survey, design or engineering stage has its own agreed scope and payment requirements.

Where mandatory law requires different deposit limits, payment arrangements or contract documents for the particular work, those requirements prevail.

4 Credit facilities and default

An online account does not confer credit. A credit facility requires written approval identifying the contracting entity, credit limit and payment period. The Customer shall maintain current billing particulars and authorised purchaser records.

The Supplier may decline further credit or require advance payment for future orders where an amount is overdue or the credit limit is exceeded. Existing orders remain subject to clause 5. Interest and recovery charges apply only if agreed prospectively and lawfully recoverable; no charge shall be punitive or disproportionate.

5 Suspension and withholding

Where an undisputed amount is overdue under the Contract, the Supplier may suspend the affected work or withhold dispatch, collection or an included artwork release after written notice specifying the default and a reasonable opportunity to remedy it. The Supplier shall advise resulting programme changes and shall not charge for unperformed work solely because it is suspended.

The Customer shall identify disputed items, amounts and grounds promptly and pay undisputed amounts when due. Nothing restricts a lawful entitlement to withhold payment, dispute a debt or invoke statutory remedies or construction payment procedures.

This clause creates no general lien over unrelated Goods or Customer-owned originals. Account restrictions shall not prevent requests for invoices, relevant safety information, complaint handling or statutory remedies.

6 Reservation of title and security interests

To the extent permitted by law, legal and beneficial title to Goods remains vested in the Supplier until all amounts payable for the relevant order are received in full in cleared funds. Delivery or possession does not of itself transfer title. Title to Goods is distinct from intellectual property rights.

Where this arrangement creates a security interest under the Personal Property Securities Act 2009, the Customer shall provide information reasonably required for its registration and maintenance. This clause grants no general security over unrelated assets.

Recovery is subject to applicable law, third-party rights and the effect of installation, accession, resale or fixture to land. No right of unlawful entry, unsafe removal or extra-legal repossession is conferred.

7 Customer specifications and selection

The Customer shall supply accurate measurements, wording, quantities, arrows, material requirements, intended use and relevant site conditions, including exposure and substrate particulars. Prescribed project requirements and required standards editions shall be disclosed before acceptance.

Absent an expressly commissioned site assessment, the Customer is responsible for verifying its selection against the actual application and approved project requirements. This allocation does not exclude the Supplier's obligations concerning descriptions, manufacture, disclosed purpose or advice upon which reliance is legally protected.

8 Standards and legacy specifications

References to standards, codes or regulations concern only the identified edition and expressly described product characteristics. Supply of a sign is not certification of an entire building, workplace or installation. Applicable requirements may depend on jurisdiction, use, project approvals and site conditions.

Legacy or Customer-specified designs may be supplied only where lawful and upon the expressly agreed specification. They are not evidence of conformity with an unverified current requirement. The Supplier may suspend an apparently unsafe or unlawful request pending clarification and agreement on a lawful alternative or refund for unprovided work.

Unless expressly included, the Contract imposes no continuing inspection, standards-monitoring or automatic replacement obligation following subsequent changes. Liability for an existing supply defect or misleading representation is unaffected.

9 Approval and reliance

The Customer shall approve the identified current proof in writing after checking wording, spelling, numbers, dimensions, quantities, materials, colours, symbols, arrows, orientation and fixing particulars. Superseded revisions shall not govern manufacture.

Order acceptance, artwork approval and installation-position approval are separate acts. A proof is not a survey, engineering design or location approval. Customer approval does not release the Supplier from responsibility for its own manufacturing errors or Non-excludable Rights under clause 27.

Where StatSign prepares artwork, the quoted artwork service includes two rounds of minor revisions within the original brief. A round means one consolidated set of requested changes returned against the current proof.

A new concept, changed brief or changes beyond those two minor rounds will be quoted for approval before the additional work begins, normally using $186.26 per hour excluding GST ($204.89 including GST, rounded). We will state the proposed work and price or time allowance. Correcting StatSign's own errors does not use an included revision round or create an additional charge.

10 Tolerances and contractual variations

Screen previews and ordinary printed proofs are indicative of appearance. Critical dimensions, tolerances, exact colours and physical samples require express agreement before manufacture. Goods must nevertheless conform to their description, agreed specification and applicable guarantees.

Changes to scope, materials, quantities, artwork, dimensions, installation method or agreed site assumptions require written agreement on the price and programme before additional chargeable work begins. We will explain the change, any credit for work no longer required, and its effect on the fixed quotation. Material substitutions require your consent.

Unexpected waiting, unavailable access, extra attendance or remobilisation will be recorded and raised as a proposed variation. The applicable site rate may be used to price an agreed variation, but recording time or notifying you does not itself authorise an additional charge. StatSign does not charge you for delay or rework caused by its own failure.

While a variation is unresolved, we may pause the affected work where necessary and will discuss the available options. Statutory rights and payment procedures remain available.

11 Installation positions and authorisation

For supply-only orders, the Customer and its installer are responsible for determining, verifying and approving the final position, mounting height, orientation, visibility, clearances, substrate and fixing requirements against applicable site and project requirements. Supply or proof approval does not constitute location approval.

Where the Supplier installs at a Customer-nominated position, the Customer shall procure approval by an authorised person before fixing, recorded on a marked photograph, drawing or site record. Subsequent relocation from an approved position constitutes a variation unless attributable to the Supplier or otherwise remediable at its expense by law.

This allocation does not exclude due care and skill, compliance with an agreed installation specification, warnings of apparent hazards, or liability arising from the Supplier's own placement recommendations.

12 Status of installation guidance

Installation guides and general technical information are advisory only and do not constitute a site-specific assessment, engineering opinion, certification or approval of the final position. The Customer and installer shall establish applicability to the Goods, substrate and project and procure final positional approval before installation.

Where guidance is unclear or conflicts with site or approved project requirements, installation shall cease pending clarification. This provision does not excuse inaccurate instructions, misleading representations or breach of Non-excludable Rights.

13 Permissions and site conditions

Except for matters expressly allocated to the Supplier, the Customer shall obtain required owner, landlord, strata and other permissions and disclose known concealed services, hazardous materials and access restrictions. The quotation shall identify responsibility for access equipment, traffic control, electrical work and engineering. Regulated work requires appropriately authorised persons.

Fixings and adhesives must be suitable for actual substrates, exposure and loads; an option offered for an undisclosed substrate is not site approval. The Supplier may suspend unsafe or unsuitable work pending explanation and agreement on a safe solution and any variation. Liability for the Supplier's lack of reasonable care is unaffected.

The quotation identifies the crew size, visits, attendance window and whether normal or after-hours/weekend rates apply. Normal site labour is $150 per hour per installer excluding GST ($165 including GST). Approved after-hours or weekend labour is $225 per hour per installer excluding GST ($247.50 including GST).

For separately quoted hourly site work or agreed variations, a two-hour minimum applies per installer per visit. That minimum is shared across the agreed installation, removal, wall repairs and site induction tasks undertaken during that visit; it is not charged again for each task. Travel time is separate and uses the applicable labour rate agreed in the quotation.

Quoted travel time and any agreed vehicle, toll, parking, permit or access charges are identified separately. For fixed-price work, these rates and estimating allowances do not authorise automatic additional charges if the work takes longer than expected. Changes require agreement under clause 10.

A site survey is a separate quoted service, with a one-hour minimum on site plus the agreed travel charge. Its scope and payment amount will be approved before the visit. The two-hour installation minimum does not apply to a separately quoted survey.

If you proceed with the sign order for the surveyed project, we will credit the entire survey fee paid against that order, including travel charged as part of that survey fee. The credit will be shown on the quotation or invoice and applied once.

A survey records the matters included in its agreed scope. It is not structural engineering, electrical certification, a concealed-services investigation or confirmation of hidden ground conditions unless expressly included.

Where engineering is required, StatSign will arrange it as a separately quoted service for your approval. The quotation will identify the engineering or design deliverables, required information, fees and approval responsibilities.

If that work is needed to establish the production specification or fixed price, it will be quoted and prepaid as a separate stage before it begins. It does not commit you to a production order. We will issue the production quotation after the required design and site matters have been resolved.

Illustrations, calculated allowances, suggested brackets and preliminary footing dimensions are not site-specific certification. Required engineering, permits and approvals must be obtained before the affected work proceeds. StatSign remains responsible for its own agreed services and duties.

Before our removal or alteration visit, you must arrange an appropriately licensed electrical contractor to isolate, disconnect and make safe any existing powered sign and affected wiring. Please provide confirmation that this has been completed and identify any remaining electrical hazards before attendance.

Mains electrical work and reconnection are excluded unless expressly included and arranged with appropriately authorised persons. Our sign crew will not perform work outside its licence or proceed where electrical safety is unconfirmed. We will notify you and agree the next steps; waiting or another visit is not automatically charged.

This allocation does not remove StatSign's own workplace safety duties or responsibility to use reasonable care.

Where footings or excavation are included, the quotation identifies the primary method, its fixed scope and price, and the stated assumptions about access, ground, services, spoil and required design. Any proposed fallback method is listed and priced separately.

If site evidence shows the primary method cannot proceed as agreed, we will pause the affected work, explain the issue and seek written agreement to the fallback or another variation before additional chargeable work. A fallback price is not automatic authority to use or charge for it. The agreed adjustment will account for original work that is no longer required.

Preliminary footprint, footing and excavation allowances are assumptions for pricing. They are not certified ground conditions, utility locations, structural designs or permissions. Required investigations, engineering and approvals must be resolved before affected work.

14 Existing structures and overcladding

Unless expressly commissioned, recladding excludes structural certification, footing inspection, corrosion repairs, electrical rectification and verification of wind capacity. The Customer shall disclose known defects and provide relevant engineering and maintenance records. A statement that a structure is sound is not a waiver of the Supplier's obligations.

Additional cladding may affect weight and wind loads. Identified requirements for structural or attachment assessment shall be resolved before affected work proceeds. Customer consent does not substitute for necessary engineering or safe working practice.

15 Programme delivery and risk

Lead times commence after stipulated payment, information and approvals. Dates are estimates unless expressly fixed. The Supplier shall notify material delay and discuss available remedies; this provision permits neither indefinite delay nor exclusion of statutory time obligations.

Collection from the location stated in the quotation is the default. Basic protective wrap is included. Delivery, freight, cartons, crates, special packaging, unloading or storage are included only where separately stated and priced.

The quotation will identify collection or delivery arrangements and any special handling requirements. Unless a different lawful allocation is expressly agreed, accidental risk passes on collection, receipt at the agreed delivery point, or completion of StatSign installation where included. Title remains governed by clause 6. StatSign-caused damage and mandatory rights remain unaffected.

Uncollected Goods, failed delivery and storage shall be addressed by agreement. Reasonable storage or redelivery charges require advance agreement. Disposal or other enforcement requires applicable statutory notices and procedures; non-collection does not authorise automatic forfeiture of Goods or payments.

Please give at least two Business Days' written notice if you need to change a booked site visit. We will confirm a replacement date, subject to availability.

If rescheduling creates unavoidable order-specific costs, we will explain them and seek agreement to a reasonable evidenced adjustment, taking account of costs avoided or recovered. This is not an automatic cancellation, call-out or hire charge. StatSign will take reasonable steps to minimise the loss.

Business Day means a day other than a Saturday, Sunday or NSW public holiday. Any right to cancel or reschedule without charge under mandatory law remains unaffected.

If weather or site conditions make work unsafe or prevent the agreed method, we will stop the affected work, notify you and discuss a revised programme or suitable alternative. A weather delay does not automatically increase the fixed price.

Any proposed additional attendance, hire extension, waiting or remobilisation charge must be explained and agreed as a variation before it becomes an additional contractual charge. We will minimise avoidable costs and keep you informed of material delays. This does not permit indefinite postponement or remove remedies available by law.

16 Inspection and notification of defects

The Customer shall inspect promptly and furnish an itemised written notice of apparent defects, damage, shortages or discrepancies within five Business Days after delivery or collection, or completion of installation performed by the Supplier. Subsequent third-party installation does not restart that period.

Notice shall identify the order and affected items, with supporting evidence where reasonably practicable. Business Day excludes weekends and NSW public holidays; counting begins on the next Business Day after the relevant event. Latent defects shall be notified promptly upon discovery.

The five-Business-Day provision is a notification procedure only. Failure to comply does not deem defective Goods accepted, waive latent defects or bar Non-excludable Rights.

17 Assessment remedies and maintenance

Claims shall be notified to info@xyzdesign.com.au with the order reference and particulars. The Supplier shall have a reasonable opportunity to inspect and assess, subject to lawful rejection, urgent assistance and other statutory remedies. The nature, timing and costs of rectification remain governed by applicable law and the Contract.

The Supplier is not liable to the extent a defect or loss is caused by third-party placement or fixing, misuse, unauthorised alteration, avoidable damage or disregard of reasonable instructions. Such conduct does not extinguish unrelated claims or the Supplier's own liability.

Goods shall be stored, used, cleaned and maintained for the agreed application. Loosening, damage, fading or impaired visibility shall be addressed promptly. Material limitations relevant to UV, salt, chemicals, heat or abrasion shall be disclosed before acceptance. Maintenance conditions do not override express representations or statutory durability requirements.

Any express voluntary warranty is additional to statutory rights and must contain prescribed particulars and mandatory wording. These terms confer no separate universal warranty period and impose no fixed expiry on consumer guarantees.

18 Cancellation and bespoke goods

If you request a change-of-mind cancellation, we will provide an itemised reconciliation of work properly completed at the agreed price or rates, together with reasonable, evidenced, order-specific commitments that cannot reasonably be cancelled, reused or recovered. We will deduct costs avoided, refunds and recoveries and will not charge the same amount twice.

Subject to mandatory law, those charges will not exceed the agreed order value. We will apply payments already made, refund the unused balance promptly, and explain any remaining amount properly payable. A deposit or prepayment is not automatically non-refundable.

This change-of-mind provision does not limit cancellation, refund, compensation or other rights available because of a defect, StatSign's breach or mandatory law.

Bespoke Goods are not returnable solely for change of mind or an error in approved Customer-supplied particulars. Remedies for defective, misdescribed, incorrectly supplied or otherwise non-compliant Goods and Services remain available. Supplier inability to perform does not authorise automatic retention of a deposit.

19 Customer materials and reproduction licence

The Customer retains pre-existing intellectual property and warrants authority to provide and permit reproduction of supplied artwork, logos, text, photographs and other materials. The Customer grants the Supplier and its providers a licence limited to processing, adapting, displaying and reproducing those materials as reasonably necessary for the request and Contract; unrelated marketing is not authorised.

Unlawful, malicious, unauthorised confidential or unnecessary personal material shall not be supplied. Questionable material may be suspended pending clarification. Each party remains responsible for its own infringement or unlawful use.

20 Proofs and retained production files

Proofs are provided for review and approval, not manufacture or site certification. Internal project circulation is permitted. Watermark removal or use of the Supplier's retained original artwork or proof for manufacture by another party requires written permission, except as otherwise lawfully permitted.

Unless expressly included, supply excludes editable artwork, CNC and laser files, templates, working files, internal costing and software configurations. Payment for Goods does not transfer such materials. Any release must specify format, licence or assignment, third-party restrictions and applicable payment.

21 Intellectual property reservation

All rights in the Supplier's website, StatX software, original templates, guides, artwork elements and production systems remain with the Supplier or relevant licensor. The Customer may use Goods and expressly licensed materials for their agreed purpose.

Copying, scraping, resale, reproduction or other exploitation requires an applicable licence, written permission or statutory entitlement. Any exclusive licence or assignment must be expressly agreed. Preparation of a proof does not transfer the Customer's pre-existing rights to the Supplier.

22 Accounts and authorised representatives

The Customer shall maintain accurate particulars, secure credentials and current user permissions, including authority to order and approve proofs or variations. Responsibility for authorised instructions is subject to the Supplier's own security obligations. Suspected unauthorised access shall be reported promptly.

Account restrictions for genuine fraud, security incidents, unlawful use or material breach must be proportionate, with notice and an opportunity to resolve matters where practicable. Urgent protective restrictions may be immediate. Account closure does not extinguish accrued rights or debts or justify destruction of required records.

23 Operational notices

The Supplier may communicate by email, telephone, SMS or portal as reasonably necessary for quotations, approvals, payment, manufacture, delivery, administration, security and support. The Customer shall maintain current contact and authorised representative details. Operational notices are distinct from optional marketing.

24 Privacy and records

Information reasonably necessary for accounts, quotations, manufacture, payments, delivery, support, approvals, security and legal obligations may be collected and processed, including business and contact particulars, correspondence, files, specifications, activity and transaction records.

Relevant service providers may perform hosting, storage, payment, communications, analytics, conversion and authorised processing, including overseas where applicable. Disclosure shall be limited to the relevant function and subject to applicable privacy requirements and reasonable security safeguards. Uninterrupted or absolute security is not warranted.

Records may be retained for performance, repeat orders, approval history, claims, disputes and lawful accounting or other obligations, then deleted or de-identified where appropriate. Access, correction, retention and privacy complaints may be directed to info@xyzdesign.com.au. Account closure does not compel deletion of lawfully retained records.

25 Automated processing and AI assistance

Authorised automation and AI tools may assist with requests, files, draft artwork, specifications, options and calculations. Information disclosed shall be limited to the authorised purpose. Unnecessary sensitive personal information shall not be supplied.

Automated outputs do not constitute certification or authority to manufacture or install and do not replace required staff review, proof approval or professional assessment. The Supplier's statutory and contractual responsibilities remain unaffected.

26 Marketing consent

Promotional communications are optional, separate from operational notices and subject to required consent, identification and unsubscribe facilities. Withdrawal of marketing consent does not remove ordinary order support or statutory remedies.

27 Allocation and limitation of liability

Non-excludable Rights means all guarantees, rights, remedies and liabilities which cannot lawfully be excluded, restricted or modified, including under the ACL. All provisions are subject to those rights and applicable unfair-contract-term protections. Nothing excludes non-excludable liability for negligence, misleading conduct, injury, property damage, statutory safety duties or construction payment obligations.

Except to the extent a lawful limitation below applies, each party bears responsibility to the extent its breach, negligence or unlawful act causes loss. Customer selection or approval does not transfer the Supplier's own liability. Each party shall take reasonable steps to mitigate avoidable loss.

Only where section 64A of the ACL permits, the Goods or Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and reliance is fair and reasonable and otherwise lawful, the Supplier's liability for failure to comply with a consumer guarantee is limited, at its election, to: for Goods, replacement or equivalent supply, repair, or payment of the reasonable cost of either; and for Services, resupply or payment of its reasonable cost. This limitation does not apply to the guarantees in ACL sections 51, 52 or 53, or where otherwise prohibited.

No automatic exclusion of removal, reinstallation or consequential loss applies to an amount which the law requires the Supplier to bear. No general indemnity for the Supplier's own acts is imposed upon the Customer.

28 Dispute resolution and general provisions

Disputes shall be particularised to info@xyzdesign.com.au with the order reference and relief sought. The parties shall endeavour in good faith to resolve them. This procedure is not a condition precedent to statutory remedies, regulatory complaints, urgent relief or construction payment procedures.

The Contract is governed by NSW law, without derogation from mandatory jurisdictional rights. An invalid provision is severed only to the extent necessary, with the remainder continuing where capable of operation. Amendments operate prospectively following appropriate notice and acceptance and do not vary existing orders absent agreement or legal requirement.