Last updated 15 September 2026
Important: These Terms apply to business, government and education customers. They form part of every accepted quotation, purchase order or other written agreement. Please read them before ordering.
1 About us and these Terms
1.1 Out There Branding is operated by Davtex International Pty Ltd as trustee for the Davtex International Unit Trust, trading as Out There Branding (ABN 54 018 380 355) (Out There Branding, we, us or our). Our address is 11/538 Gardeners Road, Alexandria NSW 2015. You can contact us at info@outtherebranding.com.au or 1300 664 850.
1.2 These Terms apply when you access outtherebranding.com.au (Website), request or accept a quotation, submit a purchase order, or otherwise ask us to supply goods or services. You or Customer means the entity identified in the Order and the person acting for it.
1.3 You warrant that you acquire the goods and services wholly or predominantly for business, government or education purposes and that you have authority to bind the Customer. If you do not have that authority, you may be personally responsible for obligations purportedly accepted on the Customer’s behalf.
1.4 Nothing in these Terms excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law (Non-excludable Rights).
2 Definitions
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales. Customer Material means any logo, artwork, copy, image, video, data, specification, sample, design or other material supplied or approved by the Customer. Goods includes promotional products, apparel, Video Brochures, signage, displays, exhibition stands and related items. Order means an order formed under clause 3, including its accepted quotation, scope, specifications, price and delivery details. Services includes strategy, design, sourcing, production management, installation, hire, storage and related services.
3 How an Order is formed
3.1 Website content, proposals and quotations are invitations to do business, not binding offers. An Order is formed only when we accept it in writing, issue an order confirmation, begin authorised work, or accept payment, whichever occurs first.
3.2 We may decline or cancel an order before acceptance, including because of stock, supplier availability, pricing or specification errors. If we have received payment for an order we do not accept, we will refund it promptly.
3.3 Each Order is a separate contract comprising, in descending order of priority: (a) any special terms signed by both parties; (b) our order confirmation or accepted quotation; (c) these Terms; and (d) the Customer’s purchase order only to the extent it identifies quantities, delivery details and administrative information consistent with the preceding documents.
3.4 Terms printed on or linked from a Customer purchase order, procurement portal or other Customer document do not apply merely because we acknowledge or perform the Order. Any variation, including government procurement terms, applies only if an authorised representative of Out There Branding expressly accepts it in writing.
3.5 You must promptly check our order confirmation and notify us of any error. We may correct an obvious typographical, calculation or pricing error before delivery, and you may cancel any affected unproduced item if you do not accept the correction.
4 Quotations, prices and GST
4.1 A quotation is valid for the period stated in it, or for 14 days if no period is stated. Prices are based on the information, quantities, exchange rates, freight costs and specifications available when quoted.
4.2 Unless stated otherwise, prices are in Australian dollars and exclude GST, freight, duties, installation, storage, special packaging, artwork changes and other third-party charges. GST and disclosed charges are payable in addition.
4.3 If, before production, a supplier cost, exchange rate, tariff, duty, freight charge or Customer requirement materially changes for reasons outside our reasonable control, we may propose a reasonable price or timetable adjustment. No adjustment applies unless disclosed to and accepted by you; if you do not accept it, either party may cancel the affected unproduced portion and we will refund amounts paid for that portion less reasonable costs already incurred at your request.
4.4 Any card surcharge will be disclosed before payment and will not exceed our cost of acceptance for that payment method.
5 Payment
5.1 You must pay the amounts and by the dates stated in the Order. Unless the Order provides credit terms, payment is due before production or supply begins.
5.2 You must pay undisputed amounts without set-off or deduction. If you dispute an invoice in good faith, you must notify us promptly with details and pay the undisputed balance by the due date.
5.3 If an undisputed amount remains overdue after we give you written notice and at least 5 Business Days to remedy, we may suspend uncompleted work and charge interest at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily. You must reimburse reasonable external recovery costs actually incurred, to the extent permitted by law.
5.4 We may allocate payments against outstanding invoices in a reasonable manner. Payment through a platform or processor is subject to that provider’s terms, but you remain responsible for valid amounts due under the Order.
6 Customer responsibilities
6.1 You must provide accurate instructions, specifications, delivery information, access, approvals and Customer Material in the format and by the deadlines reasonably required for the Order.
6.2 You are responsible for checking product suitability, measurements, quantities, spelling, contact details, event requirements and compliance needs before approval. Our strategic or design suggestions do not replace your own legal, technical, safety or venue assessment.
6.3 A delivery or event deadline is critical only if it is expressly identified as a fixed deadline in our accepted Order. You must tell us before ordering about any immovable event date, venue rule, induction, loading restriction or installation window.
6.4 Delay or additional cost caused by missing, late or changed Customer information, approval, access or Customer Material may reasonably extend the timetable and increase the price. We will notify you of any material impact before incurring avoidable additional cost.
7 Artwork, proofs and approvals
7.1 Digital proofs, mock-ups and pre-production visuals are indicative. Screen colours, scale, positioning and materials may differ from the finished Goods. Pantone matching, physical samples or pre-production samples apply only if expressly included in the Order.
7.2 You must carefully review every proof, including copy, spelling, colour references, dimensions, placement and functionality. Written approval authorises production and confirms that the approved proof meets your requirements.
7.3 Changes after approval are subject to feasibility, a revised price and timetable, and supplier charges. We are not responsible for an error visible in an approved proof, except to the extent caused by our failure to produce in accordance with that proof or by a Non-excludable Right.
7.4 Reasonable manufacturing variations may occur between batches and samples, including minor variations in colour, material, dimensions, print position and finish. A variation is not a defect if the Goods remain substantially consistent with the approved specification and any disclosed tolerance.
7.5 For custom-manufactured Goods, actual quantities may vary from the ordered quantity only where the Order discloses an overrun or underrun tolerance. If no tolerance is disclosed, we will not invoice more than the ordered quantity without your agreement.
8 Customer Material and intellectual property
8.1 You retain ownership of Customer Material. You grant us and our suppliers a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify and communicate Customer Material only as reasonably necessary to quote, perform, document and support the Order.
8.2 You warrant that you have all rights and consents needed for our authorised use of Customer Material and that it does not infringe intellectual property, privacy or other rights, breach confidentiality, mislead, defame or contravene law.
8.3 You indemnify us against third-party claims and reasonable loss arising from our authorised use of Customer Material, but only to the extent caused by your breach of clause 8.2. This indemnity is reduced to the extent our act or omission contributed to the loss.
8.4 We retain ownership of our pre-existing materials, methods, templates, know-how, concepts and unselected designs. Subject to full payment, we grant you a perpetual, non-exclusive licence to use the final deliverables created specifically for the Order for the business purpose contemplated by the Order. Any broader assignment or licence must be agreed in writing.
8.5 We may display completed work in our portfolio and marketing only with your prior consent, which may be given in the Order or separately. We will not disclose confidential campaign information before public launch without permission.
9 Changes, cancellation and returns
9.1 You may request a change or cancellation at any time. We will act reasonably to minimise further cost, but acceptance depends on production status and supplier commitments.
9.2 If you cancel for convenience, you must pay for work performed, Goods produced, non-cancellable supplier commitments and reasonable costs incurred up to cancellation. We will provide reasonable supporting detail on request and refund any balance of prepaid amounts.
9.3 Customised, printed, made-to-order or specially sourced Goods cannot be returned for change of mind. This does not affect rights relating to defective, incorrectly supplied or non-compliant Goods or any Non-excludable Right.
9.4 We may cancel an affected Order if performance becomes unlawful or impossible, a supplier permanently discontinues the relevant item, or you materially breach the contract and fail to remedy a remediable breach within 5 Business Days after notice. We will refund prepaid amounts for Goods or Services not supplied, less amounts properly due for completed work and committed costs where cancellation results from your breach.
10 Supply, substitutions and samples
10.1 Availability is subject to supplier stock. We will not make a material substitution without your approval. A replacement you approve becomes part of the Order.
10.2 Samples remain our property unless purchased. You must return loan samples by the agreed date in substantially the same condition, fair wear and tear excepted, or pay the disclosed replacement cost.
11 Delivery, installation and acceptance
11.1 Delivery and completion dates are estimates unless the Order expressly states a fixed deadline. We will use reasonable care to meet agreed dates and notify you of a material expected delay.
11.2 Delivery occurs at the address in the Order. You must ensure safe and timely access and an authorised recipient. Redelivery, waiting, storage or special access costs caused by incorrect details, unavailable access or Customer delay may be charged if reasonably incurred and disclosed.
11.3 We may make partial deliveries where reasonable. Each delivered part may be invoiced separately if the Order permits progress invoicing.
11.4 You must inspect Goods promptly and, so far as reasonably practicable, notify us within 7 Business Days of visible damage, shortage or mismatch, with photographs and details. Failure to notify within that period does not waive a latent defect or any Non-excludable Right.
11.5 If installation is included, you must provide a safe site, accurate site information, required permissions and reasonable facilities. We may pause unsafe work. Unless included in the Order, we do not undertake structural, electrical, engineering or venue certification.
12 Exhibition stand and event services
12.1 Venue approval, exhibitor registration, utilities, rigging, internet, permits, inductions, traffic control and event organiser charges are your responsibility unless expressly included in the Order.
12.2 Hire items remain our or the relevant supplier’s property. You must use them carefully and only for the agreed purpose, and are responsible for loss or damage while under your control, except fair wear and tear or loss caused by us or our supplier.
12.3 If an event is postponed, relocated or cancelled, we will reasonably seek to reschedule, reuse or mitigate costs. You remain responsible for completed work and unavoidable supplier commitments. Any refund or credit depends on recoveries reasonably available from suppliers.
12.4 We do not guarantee visitor numbers, leads, sales, return on investment or other commercial outcomes from an exhibition, campaign, product or strategy.
13 Video Brochures and electronic Goods
13.1 Battery life, screen performance, memory capacity, playback compatibility and charging depend on the agreed specification, content, use and storage conditions. You must follow supplied instructions and applicable transport or disposal requirements.
13.2 You are responsible for the accuracy, legality, licences, talent releases, music rights, captions and accessibility of content you supply. Unless the Order says otherwise, source files and content updates are not included after final approval.
14 Risk, title and storage
14.1 Risk in Goods passes on delivery to the agreed location or collection by you or your nominated carrier. Title passes only when all amounts due for those Goods are paid in full.
14.2 Until title passes, you must keep Goods identifiable, properly stored and insured and must not create a security interest over them. If you resell them in the ordinary course, you must account to us for the unpaid amount from sale proceeds to the extent permitted by law.
14.3 If Goods are ready but delivery is delayed at your request or because you cannot receive them, we may store them at your risk and charge reasonable storage and handling costs after giving notice.
15 Defects, remedies and Australian Consumer Law
15.1 Notify us promptly of a suspected defect and give us a reasonable opportunity to inspect the Goods or assess the Services. Do not destroy, alter or return Goods without reasonable instructions, unless necessary for safety.
15.2 Where a Non-excludable Right applies, your remedies are those provided by law. Where the law permits us to limit the remedy for a failure that is not a major failure, our liability is limited, at our option, to: for Goods, replacement, equivalent Goods, repair, or the cost of replacement or repair; and for Services, resupply or the cost of resupply.
15.3 Subject to clause 15.2, we may choose to repair, replace, reperform, credit or refund defective or incorrectly supplied items. We will bear reasonable return or collection costs where we confirm the defect or error.
15.4 A claim is not valid to the extent the issue results from misuse, unauthorised alteration, normal wear, failure to follow instructions, unsuitable storage, Customer Material, or use outside the disclosed purpose, unless a Non-excludable Right provides otherwise.
16 Liability
16.1 Nothing in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, infringement by us of a third party’s intellectual property rights, or any liability that cannot lawfully be excluded or limited.
16.2 Subject to clauses 15 and 16.1, neither party is liable to the other for loss of profit, revenue, opportunity, goodwill, anticipated savings or data, or for indirect or consequential loss, except that this exclusion does not apply to amounts payable to a third party under an indemnity expressly given in these Terms.
16.3 Subject to clauses 15 and 16.1, each party’s aggregate liability arising from an Order is limited to the greater of the amount paid or payable under that Order and the amount recoverable under any responsive insurance policy maintained for that liability.
16.4 Each party must take reasonable steps to avoid and mitigate loss. Liability is reduced to the extent the other party’s act or omission caused or contributed to the loss.
17 Confidentiality
17.1 Each party must keep the other’s confidential information confidential and use it only for the Order. This does not apply to information that is public other than through breach, was already lawfully known, is independently developed, or is lawfully received without restriction.
17.2 A party may disclose confidential information to personnel, professional advisers, insurers and suppliers who need it and are subject to confidentiality obligations, or where required by law. Where lawful, the disclosing party should give advance notice of compelled disclosure.
18 Privacy and communications
18.1 We handle personal information in accordance with our Privacy Policy published on the Website. You must ensure you are authorised to provide personal information to us for an Order.
18.2 We may send operational communications relating to enquiries, Orders, delivery, accounts and support. Marketing communications will be sent in accordance with applicable law and may be unsubscribed from using the link provided or by contacting us.
19 Website use
19.1 You may use the Website for lawful business purposes. You must not interfere with its security or operation, introduce malicious code, scrape it at scale, impersonate another person, or use its content in a misleading or infringing way.
19.2 Website content is general information and may change. Product images are illustrative and availability is not guaranteed until an Order is accepted. We do not warrant uninterrupted or error-free Website access.
19.3 Unless stated otherwise, we own or license Website content. You may view and make reasonable internal copies for evaluating or purchasing our Goods and Services, but may not commercially reproduce or republish it without permission.
19.4 Links to third-party websites are provided for convenience. We do not control and are not responsible for third-party content, security or practices.
20 Force majeure
20.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil disturbance, government action, port or carrier disruption, industrial action not limited to its own workforce, utility outage, cyber incident not caused by failure to take reasonable precautions, or supplier failure caused by such an event.
20.2 The affected party must notify the other, use reasonable efforts to mitigate the effect and resume performance. Payment remains due for Goods or Services already supplied. If the event prevents a material part of an Order for more than 30 days, either party may terminate the affected unperformed part by notice, and clause 9.2 applies to completed work and unavoidable commitments.
21 Suspension and termination
21.1 A party may terminate an Order for material breach if the breach is not remedied within 10 Business Days after written notice, or immediately if the breach cannot be remedied. A party may also terminate if the other becomes insolvent, subject to applicable insolvency laws.
21.2 Termination does not affect accrued rights. Clauses concerning payment, intellectual property, confidentiality, liability, dispute resolution and any provision intended by its nature to continue will survive.
22 Disputes
22.1 A party claiming a dispute must give written notice describing it. A senior representative of each party must meet or confer in good faith within 10 Business Days to try to resolve it.
22.2 If unresolved after 20 Business Days, either party may refer the dispute to mediation administered by the Australian Disputes Centre in Sydney. The parties will share the mediator’s fee equally. This clause does not prevent urgent interlocutory relief, debt recovery for an undisputed amount, or use of a statutory complaint process.
23 Notices
23.1 Notices must be in writing and sent to the email or physical address stated in the Order, or to our contact details in clause 1. A notice by email is received when it becomes capable of being retrieved at the recipient’s designated email address, unless the sender receives an automated failure notice.
24 General
24.1 We may use subcontractors and suppliers to perform an Order, but remain responsible for our obligations. Neither party may assign an Order without the other’s prior written consent, not to be unreasonably withheld, except to a related entity or as part of a genuine sale or restructure of its business where the assignee can perform the obligations.
24.2 A variation to an Order must be agreed in writing, including by email. A waiver is effective only in writing and only for the specific instance. If a provision is invalid or unenforceable, it is read down to the minimum extent necessary or severed, and the remainder continues.
24.3 These Terms do not create a partnership, employment, fiduciary or agency relationship. Neither party may bind the other except as expressly agreed.
24.4 We may update these Terms on the Website. Updated Terms apply only to Orders formed after their stated effective date unless the parties expressly agree otherwise.
24.5 Electronic acceptance and signatures are binding to the extent permitted by law. A counterpart or electronic copy forms part of the same agreement.
24.6 An Order is governed by the laws of New South Wales, Australia. Subject to clause 22, each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there.