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BASIS OF QUOTATION OR
ESTIMATE
(a) This quotation is based on the current
costs of production and prices will remain unchanged for
a period of 30 days. If not accepted within this period
it may be varied.
(b) This
quotation is based on sighting the copy and
specifications to be supplied for reproduction.
Typesetting quotations are based on sighting manuscript
and typographical specifications. In the absence of copy
or complete specifications an estimate only will be given
on material for reproduction. A firm quotation may be
given on receipt of material.
(c) The quotation does not include any
costs which may be incurred by the pre-press trade house
for handling or storing property or material supplied by
or on behalf of the customer.
(d) A pre-press proof can be supplied
with final film separations, charged at a commercial
rate, for the purpose of visually assessing the
specifications and accuracy of the goods. Once approved
by the customer the pre-press proof becomes the
acceptable standard for the total accuracy of the printed
result.
(e) Customer’s alterations shall
be an additional charge.
(f) The proof must be returned to the
pre-press trade house when this is required to proceed
with the order. This proof must be marked O.K. or O.K.
with corrections. Colour changes or variations required
from poor or unsuitable copy will be an extra charge.
(g) Where known the quotation includes
the cost of goods or services which the pre-press trade
house may or is required by the customer to specially
acquire for the work. Where such costs are not known at
the time of quotation the uncosted goods or services may
be indicated on the face of this document and the costs
may be advised to the customer prior to work commencing
on the goods.
TERMS AND CONDITIONS OF
TRADING
- ACCEPTANCE
The acceptance of the pre-press trade house quotation or
the official customer order to proceed or a verbal
instruction to proceed by the customer or his agent shall
he an acceptance of these terms and conditions of
trading.
- DELIVERY AND PAYMENT
(a) Unless otherwise agreed, the quoted
price does not include the supply of the goods to the
customer’s premises or his nominated agent. Any
specific delivery instructions in variance with this
clause will be an additional charge. Upon delivery of the
goods to the customer or his agent, the risk to the goods
would be the customer’s responsibility.
(b) Payment shall become due upon delivery of
the goods to the client or his nominated agent.
(c) Should work be required to be
delivered prior to the date specified on the
customer’s order form, every effort will be made to
secure freedom from defects, but the pre-press trade
house shall not be liable in any way for any defects or
deterioration in quality whether caused by the negligence
of or breach of contractual obligation by the pre-press
trade house, its servants or agents or otherwise
howsoever.
- CANCELLED ORDERS
In the event of orders being cancelled the customer will
compensate the pre-press trade house for all work and
material used or specially procured to the date of the
cancellation.
- SUSPENSION OF WORK
The suspension by the customer of any work in progress,
for any reason whatsoever, shall entitle the pre-press
trade house to payment in full for the portion of the
work completed and material used or specifically procured
at the date of suspension.
- CLAIMS
All claims must be made in writing to the
pre-press trade house within 14 days of receipt of goods
beyond which no claims, except those which are imposed by
statute and cannot be excluded, restricted or modified,
can be entertained. In the event of material for
reproduction not coming to hand from the customer or his
agent on the specified time, the pre-press trade house
reserves the right to extend the requested delivery time.
- SUITABILITY
(a)
Where goods are provided or work is done in accordance
with the customer’s order no warranty, except those
provided by statute and which cannot be excluded is given
or shall be given that the goods or work are suitable in
size, shape, capacity, quality, or otherwise for the
purpose for which the goods are bought.
(b) If the pre-press trade house makes
available or offers to make available to the customer for
approval or correction a proof of the material which the
pre-press trade house is to deliver to a client,
newspaper, publisher, printer or other destination prior
to the delivery of the material and the customer fails to
give such approval, make corrections or accept the offer
made prior to the time stipulated for delivery the
customer shall be liable for any direct or consequential
loss sustained due to error.
- BREACH OF CONTRACT
The pre-press trade house shall be entitled to terminate
work in the event of any breach of the customer or his
agent of any term contained herein or otherwise forming
part of this contract or the customer or his agent being
unable to pay his debts, or committing an act of
bankruptcy, entering into liquidation or entering into a
scheme of arrangement with his creditors or, if being a
company, being placed under Official Management or a
Receiver being appointed under any Debenture or Charge
issued or granted by it, or an Inspector being appointed
by the other party under the provisions of the Companies
Act or Ordinance in force in the State or Territory.
Compensation for costs incurred and loss of profit up to
the termination of work shall be the responsibility of
the customer or his agent.
- FORCE MAJEURE
Contracts and deliveries may be suspended in the event of
any tempest, riot, civil disturbance, war, strike, fire,
accident, theft, crime or cause which could not have been
prevented by the pre-press trade house and which
reasonably prevents or retards delivery of work and no
responsibility shall be attached to the pre-press trade
house for any delay, default, loss or damage due to any
of the above causes.
- LIMITATIONS ON LIABILITY
(a) Except to the extent that the customer has the
benefit of any non-excludable statutory rights, whether
as a consumer or otherwise, that pre-press trade house
shall not be liable for any loss whatsoever caused to the
customer by any act or default of the pre-press trade
house, its servants or agents whether or not such act or
default is negligent or wilful or otherwise actionable in
tort and whether or not such act or default constitutes a
breach of any contractual duty owed to the customer by
the pre-press trade house. Without limiting the
generality of the foregoing, the pre-press trade house
shall not be liable (except to the extent of any
liability imposed by statute and which liability cannot
as a matter of law be excluded by agreement between the
parties) for any loss or damage whatsoever arising from
–
(i) failure by the pre-press trade house, its servants or
agents to take reasonable care to ensure that film or
plate is in accordance with proof; (ii)failure by the
pre-press trade house, its servants or agents to prepare
a film or plate in accordance with the customer’s
order;
(iii)the making by the pre-press trade house, it servants
or agents of unauthorised alterations to a film;
(iv)the supply by the pre-press trade house of a film or
plate not in accordance with the customer’s order.
- Any such failure, alteration or supply
shall not (except to the extent that by statute a defence
is given which cannot as a matter of law be excluded by
agreement between the parties) constitute any defence to
any claim made by the pre-press trade house for payment
in respect of any work carried out by the pre-press trade
house.
- (b) Where the customer suffers any loss or
damage of any kind as a result of the act or default of
the pre-press trade house, the pre-press trade house
shall (at the option of the pre-press trade house) -
- (i) replace the goods or supply equivalent
goods;
- (ii) repair the goods;
- (iii) pay the costs of replacing the goods
or of acquiring equivalent goods;
- (iv) pay the cost of having the goods
repaired.
- (c) Should work be required to be
delivered prior to the date specified on the
customer’s order form, every effort will be made to
secure freedom from defects, but the pre-press trade
house shall not be liable in any way for any defects or
deterioration in quality whether caused by the negligence
of or breach of contractual obligation by the pre-press
trade house, its servants or agents or otherwise
howsoever.
- (d) The pre-press trade house will not be
liable for any reasonable variations in colour between
colour proofs and the completed job. Because of the
difference in equipment and conditions between colour
proofing and press room operations a reasonable variation
in such colour shall constitute an acceptable delivery.
- (e) Although the pre-press trade house
will take reasonable steps to ensure that material
supplied to a client, newspaper, publisher or printer is
within acceptable trade standards and specifications,
failure or inability of the client, newspaper, publisher
or printer to reproduce the material to the expectation
of the customer is in no way the responsibility of the
pre-press trade house and should the client, newspaper,
publisher or printer so fail to produce the material, for
whatsoever reason, including the negligence of the
pre-press trade house, no liability shall accrue to the
pre-press trade house.
- LIEN
The pre-press trade house shall in respect of all unpaid
debts due from the customer have a lien on all goods and
property in his possession to the extent allowed by law.
The pre-press trade house shall have the right of
disposal of the goods subject to the provisions of any
State Act or Territory Ordinance provided he has complied
with that Act or Ordinance.
- COPYRIGHT
Where the customer orders the reproduction of any
drawing, photograph or any other work which may properly
form the matter of copyright protection the customer
warrants that he has acquired all legal rights in the
works which he requires to be reproduced and undertakes
to indemnify the pre-press trade house in respect of any
liability for copyright infringement consequence upon
such reproductions.
- OWNERSHIP
(a) The pre-press trade house’s original designs
remain the exclusive property of the pre-press trade
house and may only be reproduced with the consent of the
pre-press trade house.
(b) Sketches and dummies submitted by the pre-press trade
house on a speculative basis shall remain the property of
the pre-press trade house.
(c) All working material used in the manufacture of the
final product supplied to the customer as per
specifications shall remain the property of the pre-press
trade house.
- DISC AND TAPE STORAGE
Unless arranged in writing prior to origination, the
client shall have no right or title to material stored on
any type of discs or magnetic tape or on any other
electronic form of storage. Discs supplied by the client
remain client property. The pre-press trade house
reserves the right to charge for duplication for
transferring stored electronic material to client discs.
Unless instructed in writing to the contrary the
pre-press trade house will assume that any electronic
storage material supplied by a customer is a duplicate
copy of the original material.
- SAVING
Notwithstanding that a pre-press trade house or customer
might agree in respect of any particular transaction
whether expressly or by implication to waive any one or
more of the above terms and conditions such agreement
shall in no way release the customer or the pre-press
trade house from any other obligation or requirement set
out herein unless such other obligation or requirement is
consistent with the waiving of the term or terms.
- DEFINITIONS
(a) Wheresoever the words pre-press trade house are used
in this quotation or these terms and conditions they
shall be deemed to mean the person, firm or company
making the offer and the customer shall mean the person.
firm or company to whom such offer is made.
(b) Definition of "goods" means the final
product supplied by the pre-press trade house and in no
way refers to any work carried out by any further process
or processes.
- INTEREST
An interest of 10% will be charged on all
outstanding accounts over 60 days, unless a prior
arrangement has been agreed to.
- DEBT RECOVERY
All debts recovered through court action will include in
addition, all recovery costs and past interest.
- RUSH WORK
Involving the interruption of normal production by the
pre-press trade house, may carry an additional charge.
- WORK OUTSIDE NORMAL HOURS
Work requested to be performed outside of normal working
hours may carry an additional charge.
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Copyright © 1990-2013
Frontier Technology Pty Ltd
-
Terms & Conditions.
Last modified:
January 30, 2013
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