Terms and Conditions

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 The following trading terms and conditions, as amended from time to time shall apply to all goods sold by Cupware. By using this website, customer agreed to accept all terms and conditions written here. 

1. Purchase Order

• Purchase of goods or services can be made through our online store, email or telephone by sending us a purchase order. 

• All purchase orders are subject to the stock availability.

• On receipt of your purchase order,  customer will be advised of the estimated delivery date. Any subsequent changes to the estimated delivery date will be notified to customer. 

• In the event of a variation causes additional costs to Cupware for any reason, for instance late change in artwork design, customers must place an additional purchase order for those additional costs.

• No paid purchase order can be cancelled by customer without Cupware's consent in writing and can only be cancelled on terms which indemnify Cupware against all losses that may arise from the cancellation.

2. Payment

• All pricing on Cupware Online Store are exclusive of GST and GST will be added at the current rate. GST used is the A New Tax System (Goods and Services Tax) Act 1999 and any applicable rulings issued by the Commissioner of Taxation.

• Cupware will invoice customer for amounts due at the times specified in the purchase order. Payment must be paid in full through our online store or direct deposit in advance of delivery unless otherwise agreed in writing.

• Delivery costs are in addition to the purchase price and will be shown separately on Cupware’s invoice.

• For long term customers, Cupware may, at its’ sole discretion, issue a credit limit and terms for payment. This will be different from these terms and conditions and, in that event, you agree to comply with those terms.

3. Artwork and Intellectual Property 

• For customised branding products, customer is responsible for providing the desired artwork for the purpose of provision of the branded products. As this is the customer’s branding information, Cupware is not responsible and not liable to verify or assess the accuracy of the information provided.

• Cupware will provide draft layout drawing with product specification showing the integrated product layout for customer to sign off. Customer will approve the layout drawing as an agreement to satisfactorily accepted the product design. The signed off drawing will form part of the purchase order as an agreement to proceed to manufacturing. 

• All the drawing, specifications and design are considered as intellectual property, including but not limited to, the copyright, design right, layout or other rights, remain the property of Cupware.

• Cupware expect customers have legal ownership and the right to use the supplied artwork design in promotional branding activities. Customer has legal responsibility and obligation to ensure they have the legal right to use them. 

• Cupware is the contracted supplier only to incorporate the supplied artwork onto the selected goods by customer. Cupware will not use the provided artwork or supply the branded goods to third party unless otherwise authorised by the customer in writing. 

4. Liability and indemnity

• Customers indemnify Cupware against all claims, damages, liabilities, costs, losses or expenses of any kind whatsoever arising directly or indirectly out of or in connection with: 

• a) Cupware having acted upon or carried out Services or the provision of Goods in accordance with customer’s instructions or those of your agents, servants or representatives.

• b) the breakdown of any Goods supplied by Cupware;

• c) the operation of any Goods supplied by Cupware other than in compliance with any, 

• d) any breach by You of these terms; 

• e) any injury to or death of any person, arising from the performance of your obligations or the exercise of your rights under these terms, including the use of any Goods