ACCEPTANCE OF TERMS AND CONDITIONS
Print Agency Pty Ltd website is owned and operated by Print Agency Pty Ltd. Print Agency Pty Ltd may change the content of this website (including these terms and conditions of use). Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety unless specifically varied in writing by Print Agency Pty Ltd.
- Estimations are provided where the full final specifications of the job are unavailable and/or the source material is not available for our inspection. Such estimations are subject to confirmation upon final specification and/or inspection of the source material.
- Quotations are based on current costs of materials and services and unless otherwise agreed in writing, are subject to alteration to meet any increase in costs between the date of quotation and the date of execution, except that such quotation shall be held firm for 3 days.
- The quotation is valid for 3 days from the date shown on the quote form. By accepting the quote, the customer accepts all standard trading terms of Print Agency Pty Ltd.
- Confirmation of quotes and/or approval to proceed with project or printing via email correspondence shall be deemed as full acceptance.
- Quotations and estimates are net plus GST which shall be entitled to add to the invoice at the rate specified by the law at the time of invoice.
- PRINT PROOFS
Print proofs may be submitted for customer’s approval prior to printing. No liability is accepted for any errors not corrected by the customer on print proofs so submitted. Customer’s alterations, and additional print proofs necessitated thereby, shall be charged as an extra.
- All invoices are strictly “payable upon receipt of invoice”. Upon acceptance of quote, 60% deposit must be paid and the balance will be due upon delivery of final artwork or printing. Balance of 40% must be paid within 2 days after the print proof provided.
- All prices shown in the Website and form are in Australian Dollars (AUD) and are subject to change without notice. When you submit an order for a printed product or any other of our services your credit / debit card will automatically be charged, this may include any other additional charges, taxes and shipping/handling fees. We require payment in full and will not proceed with your order until payment has been received.
- In the event that the customer orders suspension of work for more than 30 days, or cancellation of work in progress, all costs and material expenses incurred to date of suspension/cessation shall become due and payable immediately against presentation of invoice thereafter, together with a pro-rate allocation of profit margin.
- DESIGN AND ARTWORK
- It is client’s responsibility to supply print ready artwork prepared for commercial printing. Print Agency Pty Ltd checks all artwork before printing and we do our best to inform our customers of any artwork errors, however you are still 100% responsible for accuracy of the print ready files. By uploading your artwork you are agreeing that it is print ready, accurate, free of any transparencies or file errors. If the artwork supplied is deemed unsuitable for commercial print, artwork services are available from Print Agency Pty Ltd and are charged according to the complexity of the file errors at hand.
- Because of difference in equipment, processing, paper, inks, pigments and other conditions between colour proofing, computer monitors and production pressroom operations, a reasonable variation in colour between proof and the complete job shall constitute acceptable delivery.
- Once artwork is approved for printing, Print Agency Pty Ltd will not accept responsibility or liability for errors overlooked.
- It is deemed that you have agreed that you will NOT upload any artwork which contains any of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. Print Agency Pty Ltd will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
- SPECIAL PURCHASES
All special materials necessarily purchased for the execution of the client’s order shall be chargeable, but remain the property of Print Agency Pty Ltd.
- OVERS AND UNDERS
Print Agency Pty Ltd makes every effort to deliver work in the precise quantity ordered but the customer agrees to make no claim for damages in the event that the quantity delivered is within 3 percent of the quantity specified except that credit shall be given for such shortfall and such excess shall be chargeable.
- Print Agency Pty Ltd shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
- No warranty, other than statutory warranties, is given by Print Agency Pty Ltd, nor responsibility accepted to ensure that goods produced comply with the requirements of any legislation relating to the marking, and/or labeling and/or packaging of goods. Compliance with the requirements of such legislation shall be the sole responsibility of the buyer.
- The customer undertakes to indemnify Print Agency Pty Ltd from all claims by or from any third party which arise from the accuracy, permissibility under any state regulation or common law, as to the information, pictures, graphics or contents and/or breach of copyright in respect of any of the work printed to the customer’s instructions.
- FORCE MAJEURE
Contracts and deliveries may be suspended or delayed 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 essential materials due to any of the foregoing causes, or any other occurrence beyond our control, preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to us for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against us arising from any circumstance described therein.
- CUSTOMER’S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER
- Customer’s property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer’s risk and we accept no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
- Unless otherwise agreed in writing we accept no responsibility for the insurance of such property or material. In the event of our agreeing in writing to insure such property or material, the cost of insurance premiums shall be borne by the customer.
- Unless the customer establishes that we have been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.
- Where the customer supplies materials, he shall supply an adequate quantity to provide for in-production run up and spoilage and Print Agency Pty Ltd shall assume that such materials are supplied in the necessary quantity. Print Agency Pty Ltd will not count such supply, or if required to do so, the cost of counting shall be chargeable.
- If property is left with Print Agency Pty Ltd without instructions and not reclaimed within 30 days of notice to remove, Print Agency Pty Ltd shall be free to dispose such property and retain the proceeds, if any, to cover the costs of storage and handling.
- Where materials or equipment are supplied or specified by the customer we accept no responsibility for imperfections due to defects in or unsuitability of such materials or equipment.
- Any change or the correction to any film, bromides, artwork and/or any printing surface supplied by the customer, necessary to ensure properly finished work, shall be chargeable.
- OWNERSHIP OF DRAWINGS, PHOTOGRAPHS, DESIGNS, ETC
- Drawings, sketches, paintings, photographs, designs or electrotypes made by us, dummies, models or print production devices made or procured, and negatives and positives remain the property of Print Agency Pty Ltd until paid for. Subject to Clause 21(a), such finished artwork, negatives and positives may, at the customer’s request, be stored on our premises.
- Blocks, engravings, stencils, dies, plates made from our original design, remain our exclusive property unless otherwise agreed upon in writing.
- Original designs, concepts, artwork and dummies supplied by Print Agency Pty Ltd on a speculative basis remain our property; shall not be used other than as agreed in written or without written consent. Print Agency Pty Ltd shall be entitled to compensation for unauthorized use of such materials.
- GOVERNING LAW
- A late charge of $100.00, together with interest pursuant to the provisions of the Victoria Supreme Court Act 1986 currently set at 10% per annum (calculated daily), and shall be added to the total debt allowed.
- You shall be liable for all costs related to collection of delinquent invoices, at the agreed rate of 28% + GST, plus any third party fees, court costs and attorney’s fees, which shall be added to and form part of the total debt owed.
- Print Agency Pty Ltd was incorporated in the state of Victoria, as such, all monies will be owing to this company in this State. This agreement shall be governed and construed in accordance with the laws in force in the State of Victoria and the parties submit to the jurisdiction of the courts of Victoria.