1. Introduction

These Terms & Conditions (“T&Cs”) govern the sale and supply of goods (“Goods”) by Total Choice Packaging Pty Ltd (“we,” “us,” or “our”) to any purchaser or customer (“you” or the “Purchaser”), including but not limited to over-the-counter purchases, business-to-business transactions, online sales through our website, and orders placed via external ordering platforms.

By placing an order, you agree to be bound by these T&Cs. Please read them carefully before making any purchase. For terms governing the general use of our website, please see our separate Terms of Service.

2. Definitions

Goods: Any items offered for sale by Total Choice Packaging.

Purchaser: The person or entity placing an order to purchase Goods.

Order: A request to purchase Goods submitted by the Purchaser in any format (online, in-store, via phone, or through a third-party platform).

Insolvency Event: Includes bankruptcy, liquidation, administration, or any similar process affecting the Purchaser’s ability to pay debts.

3. Pricing & GST

3.1 Prices

All prices are as stated in our current price list at the time you place your Order. Prices may change without notice. We reserve the right to correct any pricing errors or omissions.

3.2 GST

Prices are inclusive of GST unless otherwise stated. Where GST is payable, you agree to pay the GST amount at the time of payment for the Goods.

4. Orders & Payment

4.1 Order Acceptance

We may, in our sole discretion, accept or reject any Order, including limiting quantities purchased per account or per transaction.

4.2 Payment Terms

Payment must be made in accordance with the method and timeline we specify. Acceptable methods include cash, credit card, direct deposit, or others we may nominate. Credit card payments may incur a surcharge as notified to you at the time of purchase.

4.3 Credit Accounts

Where credit facilities are granted, payment must be made by the due date. We reserve the right to withdraw or impose conditions on credit facilities at any time.

4.4 Late Payments & Defaults

If payment is not received by the due date, or if an Insolvency Event occurs, we may:

Demand immediate payment of all outstanding invoices;

Suspend or cancel any pending deliveries or orders;

Charge interest, late fees, or other costs (including legal fees) incurred in recovering overdue amounts.

5. Title & Risk

5.1 Passing of Title

Title to the Goods remains with us until all amounts due are paid in full. If you resell the Goods before title passes, you hold the proceeds of sale on trust for us.

5.2 Risk

Risk in the Goods passes to you upon delivery or upon your collection of the Goods, whichever occurs first. You are responsible for insuring the Goods against loss or damage from that point forward.

5.3 PPSA

You acknowledge that these T&Cs constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA) and consent to us registering a security interest in the Goods until full payment is received.

6. Custom & Special Orders

6.1 Custom Stock

We may supply Goods specifically manufactured or sourced to your specifications (“Custom Stock”). You agree to accept full delivery of and pay for all Custom Stock as invoiced.

6.2 Design & Artwork

Where you provide artwork, logos, or specifications, you warrant that you have the right to use such materials. We are not liable for intellectual property infringement, color or design mismatches, or any errors that you do not correct in final proofs.

6.3 No Cancellations

Once production has started on Custom Stock, you may not cancel the Order. If you fail to accept delivery, we may charge you for all costs incurred.

7. Consumer Guarantees & Warranty

7.1 Competition and Consumer Act

Nothing in these T&Cs excludes or limits any non-excludable guarantees, rights, or remedies conferred on you by the Competition and Consumer Act 2010 (Cth) or other applicable legislation.

7.2 Limited Warranty

Subject to your statutory rights, we make no express warranties beyond those stated in these T&Cs or required by law. Any implied warranties are limited to the minimum duration permitted by law.

7.3 Claims & Returns

If you believe the Goods are defective or not in accordance with your Order, you must notify us in writing within 14 days of receipt. For information on our return and refund procedures, please see our separate Return & Refund Policy.

8. Limitation of Liability

8.1 Indirect Damages

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, or consequential losses or damages arising out of or in connection with these T&Cs or the supply of Goods.

8.2 Liability Cap

If, despite the above, we are found liable for any loss or damage, our total liability to you shall not exceed the amount you paid for the specific Goods in question during the six (6) months prior to the cause of action arising, or AUD $500.00, whichever is greater.

9. Indemnification

You agree to indemnify and hold harmless Total Choice Packaging, its officers, employees, and agents against all claims, damages, losses, liabilities, and expenses (including legal fees) arising from your breach of these T&Cs or your misuse of the Goods.

10. Dispute Resolution

10.1 Informal Resolution

We encourage you to contact us first to resolve any disputes or concerns regarding these T&Cs or the Goods.

10.2 Mediation

If an informal resolution is not possible, both parties agree to attempt mediation in Queensland, Australia, before a mutually agreed-upon mediator.

10.3 Arbitration

If mediation fails, any dispute shall be settled by binding arbitration administered by the Australian Centre for International Commercial Arbitration. The arbitration will be conducted in English in Queensland, Australia. Each party shall bear its own costs and share equally the fees of the arbitrator.

10.4 Class Action Waiver

All proceedings will be conducted on an individual basis. No party will seek to have any dispute heard as a class action or in a representative capacity.

11. Force Majeure

We are not liable for any failure or delay in performance under these T&Cs due to events beyond our reasonable control, including natural disasters, strikes, lockouts, war, civil disturbance, government regulations, or other force majeure events.

12. Changes to These T&Cs

We reserve the right to update, change, or replace any part of these T&Cs at our sole discretion by posting revisions to our website or otherwise notifying you. It is your responsibility to review these T&Cs periodically. Your continued purchase of Goods following the posting of any changes constitutes acceptance of those changes.

13. Governing Law

These T&Cs are governed by the laws of the State of Queensland, Australia, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland for any matter arising under or relating to these T&Cs.

14. Severability

If any provision of these T&Cs is found to be invalid or unenforceable, that provision shall be severed to the extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These T&Cs, along with our separate Terms of Service and any additional policies referenced herein, constitute the entire agreement between you and us regarding your purchase of Goods. Any prior or contemporaneous oral or written agreements are superseded by these T&Cs.

16. Contact Information

Questions about these T&Cs should be directed to our customer service team.

Total Choice Packaging Pty Ltd

Address: 16 Hinde Street, Ashmore, QLD, Australia

Phone: 07 5531 2616