1 Quotations
(a) All prices quoted are for acceptance within 30 days of offer. Quotations are based on the current cost of production (materials, working hours, wages, etc.), and they are subject to amendment by the printer before or after acceptance of the quotation, to meet any cost variation or general price change between the date of quotation and the date of execution of the order.
(b) When estimates are based on specifications, roughs, layouts, samples, dummies, or printed, typewritten or other copy, any extra work or cost caused by any variation by the customer of his original instructions or by the manuscript copy being different from those originally submitted or described, may be charged against the customer.
2 Payment Time of payment
Unless the printer and customer agree otherwise, the customer must, within 7 days of receiving the printer's invoice, pay to the printer the total amount set out in the invoice and the printer may charge interest at the 90 day bill rate, on amounts not paid within 30 days of invoice date.
3 Suspension of work
If the Order is suspended for more than 30 days at the request of the customer, or as a result of something for which the customer is responsible, the printer may issue an invoice for a particular sum for the work already done, and for other costs incurred by the printer.
4 Damages
The customer must pay to the printer any costs, expenses or losses incurred by the printer as a result of the customers failure to pay to the printer all sums outstanding from the customer to the printer, including any debt collection and legal costs incured.
5 Non-Payment Retention of ownership
Until the customer has paid in full all sums outstanding in relation to the Goods, the Property of the Goods in total will not pass from the printer to the customer. If the Goods are in the customer's possession, the customer holds the Goods as trustee for the printer, and must store the Goods so that they are clearly identifiable as the property of the printer.
The printer may call for and recover possession of the Goods, for which purposes the printer's employees or agents may enter the customer's premises and take possession of the Goods without liability to the customer, and the customer must deliver the Goods to the printer if so directed by the printer.
6 General lien
The printer will, in respect of all sums owed by the customer to the printer, have a general lien on all property of the customer in the printer's possession, and may, after 14 days' notice to the customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed.
7 Customer's Instructions
Once accepted by the customer, the printer's quotation shall be deemed to interpret correctly the customer's instructions, whether written or verbal. Where verbal instructions only are received from the customer the printer shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.
8 Suitability of goods or work
No warranty is given, or shall be that the goods sold or work done are or is suitable in size, shape, capacity, quality, or otherwise for the purpose for which the goods are bought or the work is done, and the printer shall not be liable for any damage resulting from the unsuitability of the goods or the work, for any purpose for which the same may be used.
9 Liability
The printer shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
10 Claims
Any claims against the printer shall be made in writing within seven days of receipt of the goods by the customer. No claim shall be made by the customer beyond this period. Claims by the customer as to non-delivery shall not be made more than 14 days after despatch of the goods.
11 Force majeure
Contracts and deliveries may be suspended by the printer in the event of any strike, lockout, trade dispute, fire, flood, tempest, break-down, riot, theft, crime, civic disturbances, war, force majeure, legislation, the inability of the printer to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery of work, and no responsibility shall be attached to the printer for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of the printer.
12 Acceptance
Acceptance of the printer's quotation shall be an acceptance of these terms and conditions, notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the customer's order, unless otherwise expressly agreed by the printer in writing.
13 Proofs
All quotations for printing provide for one proof only, which will be supplied on request. Additional copies will be charged extra. Any customer's additions or alteration to copy when the proof is submitted or re-arrangements of type, layout,
etc., will be charged for as author's corrections. No responsibility will be accepted by the printer for errors in proofs passed by the customer. An extra charge will be made if machine proofs are required by the customer.
14 Quantity delivered
Every endeavour will be made to deliver the correct quantity ordered, but owing to the difficulty of producing exact quantities, estimated and/or orders are conditional upon a margin of 10 (ten) per cent. being allowed for overs or shortages which shall be charged for or deducted.
15 Standing matter
At the discretion of the printer, all plates, film, cutting formes and other surfaces may be disposed of and/or broken immediately on completion of work unless otherwise agreed by the printer in writing. All matter kept standing by the printer at the request of the customer, shall remain the absolute property of the printer. If, at the request of the customer, the printer agrees to keep matter standing, an additional charge may be made for storage, maintenance and any other necessary attention.
16 Customer's property and material supplied by customer.
(a) Customer's property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) will be held at the customer's risk, and the printer accepts no liability whatsoever for loss of or damage to such property or material, unless otherwise agreed by the printer in writing.
(b) Where the customer supplies materials, adequate quantities shall be supplied to cover spoilage. Sheets and other materials will not be counted or checked when received unless requested by the customer in writing and only done so at the customer's expense.
(c) In the case of property and materials left with the printer without specific instructions, the printer shall be free to dispose of them at the end of twelve months after his receiving them and to accept and retain the proceeds, if any, to cover his own costs in holding and handling them.
(d) Where materials or equipment are supplied by the customer, the printer accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment.
17 Ownership of drawings, blocks, film, plates etc.
(a) Drawings, sketches, paintings, photographs, designs or typesettings furnished by the printer; dummies, models, or the like devised made or procured and manipulated by the printer and film, blocks, dies, electronic files or plates made from the printers original design, or from a design furnished by the customer, remain the exclusive property of the printer, unless otherwise agreed upon in writing.
(b) Designs and dummies submitted by the printer on a speculative basis, shall remain the copyright(c) property of the printer. They shall not be used for any purpose other than that nominated by the printer, and no idea obtained there from may be used without the printers consent. The printer shall be entitled to compensation from the customer for any use of such design.
18 Electronic data
All disks, tapes, electronic devices or other media (other than media supplied by the customer) used by the printer to store data for the purposes of completing the Order are the property of the printer. The customer cannot require the printer to supply to the customer any data so stored, and the printer may charge for supplying such data to the customer.
The printer will not be liable to the customer for loss, however caused, of any data stored on disks, tapes, electronic devices or other media supplied by the customer to the printer.
Unless otherwise agreed between the printer and the customer, the printer will not be responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If the printer agrees to store such data, the printer may charge for doing so.
19 Alterations of style / Author's corrections
Where the customer does not make a typographical style for a job, the printer shall make a style for him, and charge, as corrections, all variations from that style. All extra work caused by author's corrections including resetting and/or the overrunning of type matter shall be charged as an extra.
20 Outside work
Where the performance of any contract with the customer requires the printer to obtain goods or services from a third party, the contract between the printer and the customer shall incorporate and shall be subject to the conditions of supply of such goods and services to the printer, and the customer shall be liable for the cost in full for such goods or services, and also take full responsibility of losses and/or damage occurring in transit.
21 Governing law and jurisdiction
These Terms and Conditions are governed by the law in force in the State or Territory in which the printer's premises are located, and the parties submit to the nonexclusive jurisdiction of the courts of that State or Territory, and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.