TERMS AND CONDITIONS OF TRADING
In these conditions:
“The printer” means Ariel Printing Pty Ltd.
“The customer” means the person, firm or corporation by or on whose behalf the order has been placed.
“Guarantor” means each person who has signed these terms and conditions as a guarantor. If there is more than one, the Guarantor means each of them individually and every two or more of them severally
(a) Estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment by the printer before or after acceptance of the quotation to meet any rise and fall in such costs between the date of quotation and the date of execution of the order.
(b) When quotations are based on specification, roughs, layouts, samples or dummies or printed, typewritten or other good copy, any extra work or cost caused by any variation by the customer of his original instruction or by the manuscript copy being poorly prepared, or by the customer’s requirements being different from those originally submitted or described, may be charged to the customer.
(c) Acceptance of the printer’s quotation shall be 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.
- G.S.T.: The printer shall be entitled to charge the amount of any G.S.T. payable, whether or not included in the quotation.
- Preliminary Work: All work carried out, whether experimentally or otherwise, at a customer’s request, will be charged to the customer.
- Proofs: Proofs of all work may be submitted for customer’s approval and the printer shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged as an extra. When style, type layout is left to the printer’s judgement, changes therefrom made by the customer shall be charged as an extra.
- Alterations of Style: Where the customer does not make a typographical style for a job, the printer may make a style for him and charge as corrections, all variations from that style.
- Author’s Corrections: All extra work caused by author’s corrections including resetting and/or the over-running of composition shall be charged as an extra.
- Art Files and Other Material: Unless otherwise agreed, the customer shall bear the cost of artwork, blocks and dies and/or plates, ornaments or artwork, specially bought at his request for his work.
- 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 of such goods or services, providing there is no breach of a statutory warranty implied by the Trade Practices Act 1974. Ownership of property obtained from a third party and incorporated into goods, (such as artwork, plates, film, blocks and dieforms) passes to the printer at the time of incorporation.
- Delivery and Payment: Delivery of goods shall be accepted by the customer and payment shall become due upon notification that the goods are ready for delivery.
- Expedited Delivery: Should delivery be requested by the customer and agreed to by the printer and necessitate overtime or other, additional cost, an additional charge may be made.
- Variation in Quantity: While every endeavour will be made by the printer to deliver the quantity ordered, a variation of up to ten (10) per cent shall be accepted by the customer subject to adjustment of the quoted price on a pro-rata basis for quantities under or over supplied.
- Claims: Claims arising from damage, delay or partial loss of goods in transit must be made in writing to the printer and the carrier so as to reach them within three (3) days of delivery. All other claims must be made to the printer within seven (7) days of delivery.
- Suitability of Goods or Work: Liability for breach of a condition or warranty implied into this contract by the Trades Practices Act, 1974, other than a condition implied by Section 69 is limited to any one of the following, as determined by the printer: (i) the supplying of the service again; or (ii) the payment of the cost of having the services supplied again.
- Warranty: Subject to the application of statutory warranties which cannot be excluded, no warranty shall be given that goods sold or work done will be reasonably fit for a purpose where that purpose is not made known either expressly or by implication.
- Liability: Save where and to the extent that this limitation of liability is precluded by statute, 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.
- Force Majeure: Contracts and deliveries may be suspended by the printer in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure necessary material or articles preventing or retarding performance of the contract of 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.
- Waiver: Notwithstanding that the printer might agree in respect of any particular transaction, either expressly or by implication, to waive any or more of these terms and conditions, such agreement shall in no way release the customer from any other obligation or requirement set out herein.
- Standing Matter: Files may be destroyed, and lithographic or other work effaced, immediately after the order is executed, unless written arrangements are made to the contrary. In the latter event rent may be charged.
- Customer’s Property and Property Supplied: The customer’s property and all property supplied to the printer by or on behalf of the customer will be held at the customer’s risk. Every care will be taken to secure the best results where materials or equipment are supplied by the customer, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of such materials or equipment. Where files are supplied by the customer and proves to be defective, regardless of Ariel Printing’s inspection of the file, any costs incurred by Ariel Printing due to use of faulty files are to be paid by the customer.
- Ownership of Drawings: Sketches and dummies submitted by the printer on a speculative basis shall remain the property of the printer. They shall not be used for any purpose other than that nominated by the printer and no ideas obtained therefrom may be used without the consent of the printer. The printer shall be entitled to compensation from the customer for any unauthorised use of such sketches and dummies.
- Transfer of Ownership: Ownership of any goods delivered by the printer to the customer is only transferred when payment in full for the goods has been received by the printer.22. Electronic Storage: The customer shall have no right or title to data stored by the printer on disks or any other electronic form of storage. After the printer agrees to duplicate or transfer stored electronic or like media for use by a customer or other parties authorised to obtain that data, he shall have the right to charge for those services. Files supplied by the customer and/or other authorised persons remain the property of the customer. Unless otherwise indicated in writing the printer shall assume these files to be duplicate copies of the original.
- 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 non-exclusive 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.
- Debt Collection Fees: Any expenses incurred in collecting overdue amounts are the responsibility of the debtor, and will be added to the overdue amount.
- Guarantee and Indemnity: In consideration of Ariel Printing agreeing to extend credit to the Customer, the Guarantor unconditionally and irrevocably guarantees to Ariel Printing the due and punctual performance and observance by the Customer and its obligations under these terms and conditions. The Guarantor agrees to indemnify Ariel Printing and keep them indemnified against all losses, damages, costs, claims, outgoings, liabilities and expenses of any kind caused or arising from: (i)a failure of default by the Customer to perform its obligations under these terms and conditions (including, but not limited, to an obligation to pay money); (ii) the unenforceability or invalidity of the whole or any part of these terms and conditions for whatever reason.
- Interest: The printer may charge interest at the Interest Rate on amounts not paid within the time specified.
- Advance and progress payments:
(a)The printer may issue an invoice for the amount of the Estimate before commencing the Order where the printer has not previously carried out the work for the customer or where the printer considers it otherwise prudent to do so.(b)The printer may, in the event that the printer is of the view that completing the Order will take more than a month, at any time before the Order is completed, issue one or more invoices for a proportion of the amount of the Estimate (the proportion to be at the printer’s discretion) and require that proportion of the Estimate to be paid in advance of any further work being done.
(c) 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 (to be specified by the printer) for the work already done and for other costs incurred by the printer (such as storage costs).
- Privacy: The printer may at any time request customer details from a third party credit provider or agency for the purpose of providing credit information about the customer. The printer from time to time may exchange information with credit agencies or credit providers requesting information for credit applications in relation to the customer, or provide information to those agencies.
- Copyright: The customer will have appropriate licence to reproduce all artworks and literary materials brought to the printer for reproduction. The customer agrees to indemnify the printer against any breaches of copyright and any loss suffered by the printer will be borne by the customer. The printer retains ownership of all artworks, intellectual property and materials designed and authored by the printer.