1. Quotations
1.1 Subject to paragraph 1.2 all prices quoted are based upon work required to fulfil the client's instructions and are valid for a period of 30 days from the date of the quote.
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and they are subject to amendment by Snap Printing before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of Snap Printing.
2. Customers Instructions
2.1 Once accepted by the customer (either verbal or written), Snap Printing's written quotation shall be deemed to interpret correctly the customer's instructions. Where verbal instructions only are received, Snap Printing shall not be responsible for errors or omissions due to misinterpretation of those instructions.
2.2 Other than only by way of correction any customer additions or alterations to copy when a proof is submitted will be charged for as author's corrections.
3. Expedited Delivery
3.1 Should delivery of work be required urgently reasonable efforts will be made by Snap Printing to secure freedom from defects. However, Snap Printing shall not be held responsible for defects caused as a result of the requirement for such urgent delivery.
3.2 Should urgent delivery necessitate overtime work or other additional costs being occurred, an additional charge will be made to cover these additional costs.
4. Outside Work
4.1 If Snap Printing has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Snap Printing from a third party in order to carry out the customer's instructions:
a) Snap Printing acquires these goods and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.
b) The customer must pay for such goods and/or services.
c) Any such goods obtained from a third party, must be obtained on the basis that property in those goods is passed by the third party to Snap Printing at the time the goods are incorporated into the work done by Snap Printing for the customer.
5. Suspension of Work
5.1 The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Snap Printing to payment in full for the portion of work completed.
6. Cancelled Orders
6.1 Orders cannot be cancelled except upon terms, which compensate Snap Printing for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7. Payment
7.1 Once the work is completed Snap Printing shall invoice the customer for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer's requirements.
7.2 GST (Goods and Services Tax) shall be charged on the total invoice amount in line with current GST legislation.
7.3 All Invoices shall be paid COD unless prior arrangements are agreed with Snap Printing. Any credit arrangements will require an Account Application form to be completed and approved by Snap Printing.
7.4 Every endeavour will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
7.5 Snap Printing may at its option charge interest at the rate of the Commonwealth Bank of Australia plus 3% on amounts not paid within any agreed credit arrangements, calculated on a daily basis from the date any such amount should have been paid and until the date of payment.
8. Warranties and Undertakings
8.1 The warranties and undertakings which apply to the goods and/or services supplied by Snap Printing to the customer, are those applied by the Trade Practices Act 1974, as amended and in force from time to time, which is hereinafter called "the Act". All other warranties and undertakings are expressly excluded.
9. Risk
9.1 The goods are at the risk of Snap Printing until delivered to the customer, or collected by the customer.
9.2 Snap Printing shall have no liability for any loss or damage to the goods when in transit.
10. Liability
10.1 To the fullest extent permitted by law, except as provided herein, Snap Printing shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of Snap Printing's negligence, or in any way whatsoever.
10.2 Snap Printing's liability for a breach of a condition or warranty implied by Division 2 of Part V of the Act (other than section 69) is herby limited to:
1. In the case of goods, any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
d) The payment of the cost of having the goods repaired; or
2. In the case of services:
a) The supplying of the services again; or
b) The payment of the cost of having the services supplied again.
10.3 Snap Printing will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Snap Printing.
10.4 Subject to paragraph 10.3 hereof, Snap Printing will not be liable to the customer for the damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Snap Printing to exercise due care and skill in handling or storing such property of the customer.
10.5 Force Majeure. Snap Printing will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer because of Snap Printing's failure to observe these terms and conditions, where such failure is occasioned by any cause beyond Snap Printing's reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
10.6 Delivery. The delivery terms made known to the customer are estimates only, and Snap Printing shall not be liable for any late delivery or non-delivery, and under no circumstances shall Snap Printing be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
11. Claims
11.1 Any claims against Snap Printing shall be made in writing within fourteen (14) days of receipt of the goods by the customer. No claims shall be made by the customer beyond this period.
12. Non Payment
12.1 Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from Snap Printing to the customer.
12.2 If the customer has not paid all sums outstanding in relation to the goods, if directed by Snap Printing to do so, the customer must forthwith return the goods to Snap Printing.
13. Copyright
13.1 Copyright in all artistic and literary works authored by Snap Printing shall remain the property of Snap Printing unless there is specific agreement to the contrary at the time of Snap Printing's acceptance of your order.
13.2 The customer has warranted to Snap Printing, and Snap Printing has accepted the customer's warranty that the customer has copyright in or a licence to authorise Snap Printing to reproduce all artistic and literary works supplied by the customer to Snap Printing for the purpose of the Order and the Customer hereby expressly authorises Snap Printing to reproduce all and any of such works for the purposes foresaid.
13.3 The Customer indemnifies and agrees to keep indemnified Snap Printing against all liability, losses or expenses incurred by Snap Printing in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
13.4 The customer is hereby granted a non-exclusive license to use the copyright works created by Snap Printing for the purposes of the Order, however such licence is conditional upon Snap Printing having received all monies due to Snap Printing under these Terms and Conditions.
14. Confidentiality
14.1 The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Snap Printing to the customer without Snap Printing's written permission.
15. Electronic Media
15.1 All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Snap Printing to store data for the purposes of completing the Order are the property of Snap Printing. The customer cannot require Snap Printing to supply to the customer any data so stored. In the event that Snap Printing does supply data so stored or created, Snap Printing may charge the customer for supplying such data.
15.2 Snap Printing will not be held responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Snap Printing agrees to store such data Snap Printing may charge to do so.
16. Goods and Services Tax
16.1 The customer will be liable for any goods and services tax payable because of the supply of goods and/or services by Snap Printing to the customer |
