Terms & Conditions

These Terms & Conditions apply to all signage projects undertaken by Forty One Signs.

1. Ownership of Goods

All goods, signage, materials, and associated works supplied by Forty One Signs remain the property of Forty One Signs until payment has been received in full. Title to the goods does not pass to the client until the invoice has been fully paid. This includes any deposit payments, progress payments, or part payments made toward the total invoice.

2. Payment Terms

Invoices under $2,000 (AUD): Full payment is required prior to dispatch and/or installation.

Invoices over $2,000 (AUD): A 50% deposit is required before production commences, with the remaining balance due upon completion.

Partial or staged payments: For projects requiring staged invoicing beyond the standard 50%/remainder, agreed progress payments must be made in accordance with the written schedule.

Unless otherwise stated on the invoice, the due date is the date of issue.

All payment terms apply unless otherwise agreed in writing. Forty One Signs reserves the right to withhold delivery or installation if payment conditions are not met.

Payment Methods:

• Direct Deposit – preferred method.
• Credit Cards – available upon request only and subject to additional merchant fees.

GST:

• All prices quoted are exclusive of GST (ex GST). Applicable GST will be added to invoices where required by law.

3. Late or Unpaid Accounts

Accounts not paid within 28 days of the due date may, at the discretion of Forty One Signs, be referred to a third-party debt collection agency or legal representative without further notice to the client.

The client is liable for all costs incurred by Forty One Signs in connection with the recovery of any overdue amounts. This includes, without limitation, debt collection agency fees, legal and solicitor fees, court filing fees, enforcement and compliance costs, administrative expenses, interest, and any other costs incurred before, during, or after recovery action or legal proceedings.

Interest may be charged on overdue amounts at the maximum rate permitted under applicable Australian law until payment is received in full.

4. Repossession or Return of Goods

If payment is not received in full, Forty One Signs reserves the right to remove or recover any goods supplied, including signage, panels, or installed materials. Clients remain liable for all costs associated with production, installation, removal, or recovery, as all goods are custom-made to client specifications.

This right is in addition to Forty One Signs’ ownership rights under Clause 1.

Removal or repossession may be carried out without liability for any damage or inconvenience caused to the client.

5. Cancellations and Refunds

Due to the custom nature of all work, cancellations after deposit payment or production commencement will incur charges for all work completed and materials purchased up to the point of cancellation.

Deposits are non-refundable once production has commenced. Any variations or additional requests by the client may result in additional charges, which will be invoiced separately.

6. Artwork Proofs, Client Approval, and Security

Any artwork, design, or proof supplied by Forty One Signs must be reviewed and signed off by the client prior to production. Signing off an artwork proof constitutes a binding agreement that the client has inspected and approved the design, spelling, measurements, colours, and all other details.

Any changes requested after artwork approval will incur additional charges, including costs associated with reworking, reproducing, recreating, or modifying the original design.

Client-supplied artwork: The client warrants that any artwork, images, or content supplied to Forty One Signs for use in their project are owned by the client or properly licensed, and that they have obtained all necessary permissions, rights, or approvals for its use. Forty One Signs is not responsible for any breach of copyright or intellectual property laws arising from client-supplied content.

Artwork security measures: Art proofs supplied by Forty One Signs may incorporate security measures to prevent unauthorised reproduction, editing, or duplication outside of Forty One Signs. Any attempt to circumvent these measures or reproduce the artwork without permission may constitute infringement of Forty One Signs’ intellectual property and product ownership, and may render the responsible party liable for financial losses or damages incurred as a result.

7. Permits and Approvals

Any council, government, or regulatory permits required for the installation or display of signage are the sole responsibility of the client.

Forty One Signs may provide guidance or advice, but it is the client’s responsibility to ensure all approvals, permits, or consents are obtained prior to installation. Installation or production may be delayed if the required permits are not in place.

8. Designs and Intellectual Property

All designs, concepts, artwork, drawings, layouts, proofs, mock-ups, renders, and creative materials created by Forty One Signs remain the intellectual property of Forty One Signs unless otherwise expressly agreed in writing.

Reproduction, duplication, modification, distribution, or reuse of any artwork or design, in whole or in part, without the prior written consent of Forty One Signs is strictly prohibited.

The client is granted a limited, non-exclusive, non-transferable licence to use the delivered goods solely for their intended purpose. This licence does not permit the reproduction, reuse, or adaptation of designs or artwork beyond the supplied signage or agreed scope of works.

Advertising and Media Rights: The client grants Forty One Signs a perpetual, royalty-free, non-exclusive licence to photograph, film, record, reproduce, display, and publish images, video, renders, and visual representations of works completed, in progress, or under construction for promotional, marketing, portfolio, editorial, award submission, and advertising purposes.

This licence applies across all forms of media, including but not limited to websites, social media platforms, digital and print advertising, online portfolios, presentations, brochures, case studies, and any current or future media formats or distribution channels. This includes content captured by Forty One Signs or supplied by the client.

Where a client requires confidentiality or restrictions on the use of project imagery, such limitations must be requested and agreed in writing prior to commencement of production or installation. Absent such written agreement, Forty One Signs reserves the right to use project imagery in accordance with this clause.

Projects undertaken for government, defence, education, healthcare, or other high-security or sensitive environments will be subject to any additional confidentiality requirements expressly agreed in writing and shall override this clause where applicable.

9. Workmanship and Warranty

Forty One Signs warrants that all fabricated signage and related work will be free from faulty workmanship for a period of up to 12 months from the date of completion.

The warranty covers faulty goods or workmanship only and does not include damage caused by environmental factors, third-party interference, misuse, or normal wear and tear.

Notification Requirement: Any issues relating to workmanship or faulty goods must be reported to Forty One Signs within 14 days of installation to be eligible for rectification.

Rectification work will be undertaken at the discretion of Forty One Signs and does not extend the original warranty period.

Clients are responsible for routine care and maintenance of signage to ensure its longevity, including cleaning, protection from environmental damage, and regular inspections for wear or damage.

10. Site Access & Installation Conditions

The client is responsible for providing a safe and suitable workspace for the installation and completion of works in accordance with standard Workplace Health and Safety (WHS) requirements.

If there are any delays or safety issues arising from an unsafe or unsuitable workspace, the client may be liable for any additional costs incurred to reschedule works or make the workspace safe for the completion of the project.

11. Delivery / Installation Timing

Forty One Signs will make reasonable efforts to meet agreed delivery and installation schedules.

Delays may occur due to client factors, including but not limited to pending permits, approvals, unsafe workspaces, or late payments. Forty One Signs is not liable for delays caused by client responsibilities.

12. Limitation of Liability

Except as expressly stated in these Terms, Forty One Signs is not liable for any indirect, consequential, or incidental losses, including but not limited to loss of profits, loss of opportunity, or delays caused by third parties or client-supplied materials.

Liability for defective goods or workmanship is limited to repair, replacement, or refund at the discretion of Forty One Signs.

13. Insurance

Forty One Signs maintains public liability and professional indemnity insurance to cover its operations and works.

The client may be required to hold their own insurance for any risks not covered by Forty One Signs, including on-site safety during installation.

14. Force Majeure

Forty One Signs is not liable for any delay, failure, or inability to perform its obligations caused by events outside its reasonable control, including but not limited to natural disasters, extreme weather, supply chain disruptions, industrial action, or government regulations.

15. Privacy

Client information, including contact details and project data, will be used only for business purposes, invoicing, communication, and marketing communications where consent is provided. Forty One Signs handles personal data in accordance with applicable privacy laws.

This clause does not limit Forty One Signs’ rights under Clause 8 relating to the use of project imagery.

16. Stock Images & Attribution

Some images used on this website are stock images sourced from third-party image libraries and are used under valid commercial licences.

Where required, attribution is provided to the original creators. Certain stock images used on this website are designed by Designed by Freepik.

All stock imagery used on this website, including images sourced from third-party stock libraries such as Freepik, is used strictly for illustrative and advertising purposes only and does not depict or represent any products, projects, or works created, supplied, or manufactured by Forty One Signs.

All images depicting completed products, installed signage, or project works shown on this website are genuine works designed, manufactured, and/or installed by Forty One Signs unless explicitly stated otherwise.

17. Dispute Resolution

In the event of a dispute, the client and Forty One Signs will attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved, it may be referred to mediation prior to taking legal action.

18. Electronic Communications

Emails, PDFs, digital signatures, or other electronic communications are considered valid for acceptance of proofs, invoices, payments, and any agreements relating to these Terms.

19. Acceptance of Terms

Payment of any invoice, deposit, or progress payment constitutes acceptance of these Terms and Conditions and forms a binding agreement between the client and Forty One Signs. Any modifications to these terms must be agreed upon in writing by an authorised representative of Forty One Signs.

20. Severability / Entire Agreement

If any clause or provision in these Terms is held to be invalid, unenforceable, or illegal, the remainder of the Terms shall remain fully enforceable. These Terms constitute the entire agreement between the client and Forty One Signs regarding the subject matter and supersede any prior agreements, representations, or negotiations.

21. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of New South Wales.

22. Contact

Corey Jones, trading as Forty One Signs

489 Parramatta Rd, Leichhardt NSW 2040, Australia

Phone: 02 9556 9129

Email: info@fortyonesigns.com.au

Website: www.fortyonesigns.com.au/terms