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1.
INTRODUCTION
These Terms and Conditions (‘the terms’) govern every
contract made between Vision Graphics Pty Ltd (‘VG’) for
the supply of goods and services by VG to any person, firm or company
(‘the client’). The terms prevail over any written terms
and conditions of the client. Any variation to the Terms must be
agreed in writing by a Director or appointed representative of VG.
All contracts between VG and the Client will be governed by NSW/Australian
law and the parties agree to submit to the jurisdiction of the Australian
Courts.
2. PRICE, PAYMENT & CREDIT
Trading terms are 30 days to approved customers. Any failure to
comply will result in suspended trading without notice.
The client will pay to VG the price relating to that particular
service at the time the job was ordered from VG. If the client’s
order differs from the specification on which the original price
was based, VG reserves the right to vary the cost accordingly.
VG, reserves the right to charge a percentage (deposit) of any job
value, prior to job commencement. VG requires a firm deposit of
50% of the total quoted price of any job over $1,000 (inc GST).
Work on any job with a value of $1,000 or more will not be commenced
until this deposit is received by VG.
The Client will pay VG invoices within 30 days of the date of the
invoice.
VG reserves the right to charge the Client interest on overdue invoices
at a rate up to 3% per annum above the base rate of The Reserve
Bank from the due date of the invoice to the date of payment.
VG may at any time alter or suspend credit terms, refuse any delivery
or cancel unfilled orders when, in its opinion, the financial condition
of the client or the status of the client’s account requires
it.
VG reserves the right to cancel credit terms to any account that
falls below an average spending of $75 per month (GST inclusive)
over any 12 month period. VG will impose a 10% surcharge on any
invoice/statement that falls below $20 (GST inclusive) to cover
postage and administrative costs, The Client will pay to VG any
expenses incurred by VG in connection with the recovery of outstanding
invoices (including legal cost on an indemnity basis).
Credit card charges apply when account or COD payments are made
using credit cards. No charges apply to payments made using EFTPOS,
EFT, cash or cheques.
All stated prices are subject to change without notice. Errors and
omissions excepted.
3. ORDERS
Orders must be given in writing and signed by a person authorised
to do so by the client. Orders must bear the full name and contact
details of the company and/or person placing the order, quote an
order number, be legible and supplied prior to the commencement
of any service or the provision of any goods. If held, an ABN must
be noted on the order.
If, not withstanding the previous clause, VG is made to accept a
verbal order from the Client, then VG will not be responsible for
any mistakes (made by either party) arising from the verbal order.
Unless VG is given prior written notice by the client, the person
placing or signing the order on behalf of the client will be deemed
to be authorised to do so.
VG reserves the right to refuse to accept any order.
VG will not act on any order if there is any ambiguity or uncertainty
over the instructions or the validity of that order.
4. QUOTATIONS
All quotations given by VG will be valid for 30 days from the date
of the quotation. Quotations are only valid for the specific client
to which they were issued. NB: Only written quotations supplied
by VG will be held at the price as quoted – verbal quotations
will not be considered binding from any particular date. If the
client’s order differs from the specification on which the
quotation was based, then VG reserves the right to vary the quotation
(including the price).
Service times which are quoted are target times only and VG reserves
the right to vary services times and accepts no liability for failure
to comply with quoted service times. Similarly, if an order varies
from that which was originally given, service times will be most
likely be affected and VG accepts no liability for any loss (actual
or consequential) arising from the change in service times.
5. DELIVERIES & COLLECTIONS
The Client may be asked to sign for delivered goods and VG will
not be held responsible for any losses arising from the delivery.
At its own discretion, VG reserves the right to cancel delivery
of any goods if in its judgement, the safety and protection of the
goods cannot be guaranteed. VG will not leave any goods in an unsecured
location unless specifically instructed to do so by the client.
If this is the case, VG will not be responsible for any loss or
damage resulting from such action.
Whilst VG will make every effort to collect and deliver as quickly
as possible, it will not be liable for any losses arising from delays
in delivery or collection.
VG accepts no responsibility for goods/items lost or damaged from
any night box receptacle, whether such a nightbox/receptacle belongs
to VG or the client.
6. IMAGE SIZES & PAPER SIZES
Some digital files, transparencies or negatives do not have the
same proportions as certain paper sizes. If this is the case, the
Client must inform VG if they require the full image area (full
frame) to be printed or whether VG should crop the image to fill
the paper. If no instructions are given and confirmation cannot
be obtained from the Client, VG will print the full image area (full
frame) with a border. At its own discretion, VG reserves the right
to suspend the commencement of any job if clear instructions are
not given or if in VG’s opinion, there is some ambiguity over
the order.
7. ASSESS & RUN OF PHOTOGRAPHIC FILM FOR PROCESSING.
VG will, if requested, assess tests and run balances of film
for the client, but will do solely at the Client’s own risk.
VG will not accept any liability for any loss or damage sustained
by the Client as a result of ‘assess and run’ work, whether
caused by the negligence of VG, its employees, agents or otherwise.
8. UNCOLLECTED GOODS
If any items or materials deposited with VG by the Client have not
been collected by the Client within 12 months of completion of the
work undertaken by VG, then VG may dispose of or destroy such items
or materials. VG will not accept any liability for any loss or damage
sustained by the Client as a result of this course of action.
If any unprocessed film belonging to the Client has not been collected
by the Client within 3 months of the inception of the work undertaken
by VG, then VG may dispose or destroy such film. Whilst VG will
make efforts to contact a Client regarding uncollected goods, VG
is under no obligation to succeed in informing the Client prior
to or after disposal.
9. COPYRIGHT & MORAL RIGHTS
VG will claim no copyright in material submitted to VG by virtue
of work undertaken by VG on behalf of the Client. The Client warrants
that the he/she/they owns or controls all rights or has obtained
all copyright, moral rights, and similar permissions, consents and
waivers as are now hereafter required for all copying, processing,
printing, scanning and manipulation to be undertaken and the Client
hereby irrevocably authorises VG to do all such copying, processing
or manipulation as is necessary in performing or ancillary to the
services requested by the Client.
The Client further warrants that no copyright or moral rights or
any other rights of a similar nature now existent or hereafter created
will be infringed, by virtue of anything done by on behalf of or
at the request of the Client or at VG premises or on equipment sold,
supplied or hired by VG to the Client, or access to which is provided
by VG to the client or to any party at the direction or request
of the Client.
The Client agrees to indemnify VG against all losses, damages, claims
or expenses (including legal costs on an indemnity basis) which
VG may reasonably incur by virtue of any breach of the above warranties
or in the event of any claim (whether or not proceedings are issued)
by any party against VG or its employees (whether permanent or temporary)
that any copyright or moral rights or any similar rights have been
infringed by VG or its employees or that VG have induced, encouraged,
authorised or otherwise been associated with such infringement by
virtue of anything done by, on behalf of or at the request of the
Client.
The client warrants that all film, negatives, digital media, and
electronic files deposited with or sent to VG does not contain any
material which is defamatory, blasphemous, obscene or intrusive.
10. BROOKVALE NIGHTBOX SERVICE
VG reserves the right to cancel or suspend the Brookvale Nightbox
service at any time and without notice. VG will not be responsible
for any loss arising from the destruction or vandalism of the nightbox
and any property contained therein, or for the cancellation or suspension
of this service.
11. LIABILITY
The Client must notify VG in writing of any claim concerning any
invoice of VG within 30 days of the date of the invoice. VG will
not be liable in respect of any claim notified after such time.
VG liability to the client or any other party for the loss (including
theft) or destruction of or damage to any film or negatives, digital
media or other material belonging to the Client or any other party
which are deposited with VG for processing, whether caused by the
negligence of VG, its employees or agents or otherwise will be limited
to the replacement cost of the film negatives, digital media or
other materials; and
VG will not be liable for the cost of re-taking or re-shooting the
material contained in the film, negatives or other material.
VG will not be liable for any consequential loss or damage incurred
by the client or any other party including loss of profit or income
and
It is the Client’s responsibility to insure against such loss
and damage.
VG will not be liable for the loss or corruption of any digital
information left or supplied to VG by the Client. It is the responsibility
of the Client to create and retain back-ups of all digital information
supplied to VG, whether such digital information be supplied on
disk, digital memory card, portable hard drive or via electronic
transmission (email/FTP etc)
Inkjet Prints – canvas prints produced on the HP5000 using
dye inks are not designed for long term display. The manufacturers
suggest a life of two years without fading or colour change but
this is subject to storage and/or display conditions. Liquid laminate
can be applied to the canvas after printing and this will significantly
inhibit the effect of UV rays. The Bulldog Ultra laminate used by
VG is specifically designed for Inkjet canvas and is manufactured
to optically block over 93% of UV light. It also has the advantages
of being waterproof, abrasion resistant and flexible. VG accepts
no responsibility for changes in the image after delivery, as they
have no control over display and storage conditions. VG does offer
alternative inkjet print services that guarantee print longevity
and durability under correct storage and display conditions –
see VG for details.
VG will not be liable for any failure to perform any contract between
VG and the Client which is due to any circumstances beyond VG’s
control including (but not limited to): inability to secure labour,
materials, supplies or transport, or scarcity of fuel, power or
components (including computer software and hardware), or machine
breakdown (including computer, server, ISP network), theft, vandalism,
fire, storm, flood, act of God, war, civil disturbance, strikes,
lockouts, or industrial action (of any form).
12. MISCELLANEOUS
Vision Graphics Pty Ltd is a wholly owned and independently operated
Australian private business.
The environment - Vision Graphics complies with ALL government environmental
regulations. Recycling options are exercised wherever possible.
Vision Graphics Pty Ltd (VG) is committed to observing the National
Privacy Principles as set out in the Privacy Amendment (Private
Sector) Act 2000 (effective December 2001).
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