Head Office :
Cocoon Pty Ltd
Wrede Place Richmond VIC 3121
Tel. + 613 9415 1585
Fax. + 613 9415 1595
info@cocoonorg.com
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DEFINITIONS 1.
In these conditions "Cocoon" means Cocoon Republic Pty Ltd, upon whose document these conditions are endorsed. "The Customer" means the person, firm, company or other body to whom such document is addressed.
FORMATION OF CONTRACT.
2.1 All goods, services or facilities are offered and all contracts are entered into subject to the following conditions of business. THERE ARE NO TERMS, CONDITIONS OR WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE EXPRESS TERMS, CONDITIONS AND WARRANTIES ACCEPTED BY COCOON IN WRITING. All other terms, conditions or warranties whatsoever are to the maximum extent permitted by law excluded from the contract or any variation thereof unless expressly accepted by Cocoon in writing. No employee or agent of Cocoon has the power to vary these conditions orally or to make any statement or representation about the goods, services or facilities offered, their fitness for any purpose or any other matter whatsoever.
2.2 These conditions shall be incorporated into any contract between Cocoon and the Customer to the exclusion of any terms or conditions stipulated or referred to by the Customer. Any dealings with Cocoon following receipt by the Customer of notice of these conditions shall automatically be deemed acceptance thereof notwithstanding the absence of formal acknowledgement.
2.3 Unless otherwise expressly stated in writing, all quotations and estimates supplied by Cocoon are invitations to make an offer. The Customer's order is an offer and shall become binding upon acceptance by Cocoon.
PRICES
3.1 All prices quoted are exclusive of applicable sales taxes. Cocoon shall further be entitled to make an adjustment to the quoted price in the event that:-
3.1.1 additional costs are incurred by Cocoon due to materials supplied by the Customer being in the opinion of Cocoon of unsuitable quality for normal processing; or
3.1.2 the information supplied by the Customer in connection with its order does not provide a full and accurate indication of the work involved; or 3.1.3 additional costs are incurred by Cocoon due to alterations by the Customer in its requirements; or
3.1.4 Additional costs are incurred by Cocoon due to exceptional circumstances outside the control of Cocoon including without limitation, currency fluctuations and changes in transport costs.
PERFORMANCE AND DELIVERY
4.1 Unless otherwise agreed in writing, all times quoted for performance or delivery are given in good faith but are not guaranteed. The Customer shall have no right to damages or to terminate the contract or cancel the order for failure to meet any performance or delivery time stated including but not limited to failure arising out of the negligence of Cocoon. 4.2 Notwithstanding that the parties may have agreed that time is of the essence, the time for performance or delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Customer. Cocoon shall not be liable to the Customer for any delay in performance or delivery which may result from the Customer's alteration of or failure to timely communicate its requirements or specifications. Under such circumstances, Cocoon may either proceed to perform in any reasonable manner or treat the Customer's failure to provide the necessary information or instructions as a breach. 4.3 Cocoon may at any time withhold delivery of goods pending payment of any sum due from the Customer to Cocoon under any contract between the Customer and Cocoon. 4.4 Any packaging supplied by Cocoon unless otherwise expressly agreed is intended to provide adequate protection throughout normal conditions of delivery of usual duration. 4.5 If the Customer fails to take delivery on the agreed delivery date or, if no specific delivery date has been agreed, when the goods are ready for dispatch, Cocoon shall be entitled to store the goods and to charge the Customer the reasonable costs of so doing and to tender its accounting for storage costs under condition 5. Notwithstanding the terms of condition 7.1 below, Cocoon shall be under no liability in respect of any loss or damage or otherwise arising as a result of damage to or the loss or destruction of such goods.
INTELLECTUAL PROPERTY.
The Customer shall indemnify Cocoon from and against all actions, claims, costs, charges, expenses and proceedings arising from or incurred by reason of any defamatory or libellous matter or any infringement or alleged infringement of any patent, trademark, copyright, registered design or design copyright or other exclusive right, including without limitation, any moral right claim or any other title of any third party in respect of any work carried out for the Customer by Cocoon
CUSTOMER INPUT.
The Customer shall be solely responsible for ensuring that all information, advice and recommendations given to Cocoon either directly or indirectly by the Customer or by the Customer's agents, servants, consultants or advisers are accurate, correct and suitable. Examination or consideration by Cocoon of such information advice or recommendations shall in no way limit the Customer's responsibility hereunder unless Cocoon specifically agrees in writing to accept responsibility.
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info@cocoonorg.com 
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