Terms and Conditions
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1.PRICES: Prices are subject to variation depending upon supplies of all materials being available at the time of printing and any other factors beyond AUB’s control. Any changes in price shall be borne by the customer. Where exact specifications are not available at time of quotation the prices given are only estimates. Where final specifications vary from those on which the estimate was given the price is subject to revision by AUB. 2.TAX: AUB shall be entitled to change the amount of any tax imposed duty or other change (imposed by any statutory or governmental authority) payable whether or not included in the quotation. 3.PRELIMINARY WORK: All work carried out whether experimentally or otherwise at a customer’s request may be charged to the customer. 4.PROOFS: Proofs of all work may be submitted for customer’s approval. AUB shall not incur any liability for any errors not corrected by the customer in proofs so submitted and the customer hereby agrees to indemnity AUB against all costs, damage, expenses and other liability whatsoever arising from the error not being corrected. Customer’s alterations and additional proofs necessitated thereby shall be charged as an extra. When style, type or layout is left to AUB’s judgment, changes thereto made by the customer shall be charged as an extra. 5.CANCELLATIONS: If for any reason an order is suspended for a period of 15 days or more, or cancelled at any time, work already carried out and any materials specifically made by the customer shall be charged as an extra. 6.CUSTOMER CORRECTIONS: All extra work caused by customer’s corrections including resetting and/or the over-running of composition shall be charged as an extra. 7.TYPE AND OTHER MATERIAL: Unless otherwise agreed, the customer shall bear the cost of type, hot metal and/or bromides, film, ornaments or artwork, specifically bought at his request or required for his work. 8.DELIVERY : a/Upon delivery of the completed work, ownership of the work shall pass to the customer. b/When proofs have been provided to the customer it shall be deemed to have accepted the completed work if, within seven days of delivery (or such other period as AUB may stipulate from time to time), the customer fails to notify AUB in writing that the goods have been rejected. c/Should expedited delivery be agreed, reasonable efforts should be made by AUB to secure freedom from defects but AUB shall not be liable for defects caused as a result of the requirement for such early delivery nor any other consequences of the defects. An extra charge may be made to cover any overtime and any other additional costs incurred as a result of the requirement for such early delivery. d/Reasonable endeavors will be made to deliver the correct quantity ordered but all estimates and/or orders are subject to a margin of 10 per cent , irrespective of number of colors, being allowed for surplus or shortages. Such surplus shall be charged for and shortages deducted from the final cost to the customer. e/Prices quoted do not include delivery to the customer’s premises. AUB reserves the right to charge freight (F.O.B) on select items and/or deliveries to non-metropolitan areas. f/Claims against AUB for defective work shall be made in writing within 7 days (or such period as AUB may stipulate from time to time) of receipt of the completed work by the customer. Claims by the customer as to non-delivery shall be made in writing within 28 days (or such period as AUB may stipulate from time to time) after despatch of the goods. 9.PAYMENT: a/Payment is due upon placement of order. Unless otherwise stated by AUB in writing, no discount will be allowed and payment shall be strictly net within fourteen (14) days from the date of the invoice. Unless otherwise stated in writing by AUB, interest at a rate of 24% per annum will be charged on overdue accounts calculated from the earlier of the date of the invoice or the date AUB advises the customer that the work is completed. b/The customer shall, if required by AUB, pay upon the lodging of the order a security deposit for work to be done. 10.SUITABILITY OF GOODS OR WORK a/Save as may be otherwise provided in the legislation referred to in Clause 19 and to the extent that such provision cannot be lawfully excluded, restricted or modified by agreement no warranty shall be given that the goods sold are or work done is suitable in size, shape, capacity, quality, safety or otherwise for the purpose for which goods are bought or the work is done. AUB shall not be liable for any damage resulting from the unsuitability of the goods or the work for any purpose for which the same may be used. b/Liability for breach of a condition or warranty implied into this Agreement by the Trade Practices Act, 1974 other than a condition implied by Section 69 is limited to any one of the following as determined by AUB: i/the replacement of the completed works or the supply of the equivalent work, or ii/the repair of the completed work, or iii/the payment of the cost of replacing the completed work or of acquiring equivalent work or, iv/the payment of the cost of having the work repaired. c/Pursuant to Section 68A of the Trade Practices Act, 1974 this Clause 10 applies in respect of any of the work supplied under this Agreement which is not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this Clause will not apply if the customer establishes that reliance on it would not be fair and reasonable.d/AUB shall not be liable for colour variations which may occur due to limitations in the printing process. 11.LIABILITY a/AUB shall not be liable for any costs loss or damage whatsoever whether direct or indirect to the customer arising from third party claims occasioned by errors in carrying out the work or delay in delivery. b/No warranty, other than statutory warranties, is given by AUB or responsibility accepted to ensure the 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 customer. c/Save as may be otherwise provided in the legislation referred to in Clause 19 and to the extent that such legislation cannot be lawfully excluded, restricted or modified by agreement it is hereby agreed by the parties hereto that AUB shall not be liable in tort or contract or otherwise for any loss or damage to or misdelivery or misappropriation of any good or works at any time for any reason whatsoever including, but without limiting the generality of the foregoing, the negligence or breach of agreement or willful act or default of AUB or its servants or agents or of any other person and whether or not such loss or damage to or misdelivery or misappropriation of the goods or works occurs in the course of performance of this Agreement by or on behalf of AUB or in circumstances which are foreseeable by AUB or customer or either of them or in circumstances which could constitute a breach of a fundamental term thereof. |
12. FORCE MAJEURE: Operation of this Agreement and deliveries may be suspended by AUB in the event of any strike, lockout, trade dispute, fire, storm, tempest, break-down, riot, theft, crime, civil disturbance, war, legislation, force majeure, the inability of AUB to procure necessary materials or articles or any other occurrence preventing or retarding performance of this Agreement or delivery of work and no responsibility shall be attached to AUB for any delay, default, loss or damage due to any of the above causes or to any other causes beyond the control of AUB. 13.ACCEPTANCE: Acceptance of AUB’s quotation shall be in 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 AUB in writing. 14.GENERAL LIEN: AUB shall, in respect of all unpaid debts due from the customer, have a general lien on all work and property in his hands and shall be entitled on the expiration of 14 days notice of default (or such other period as AUB may stipulate) to the customer dispose of such work or property as he thinks fit and to apply the proceeds towards such debts. 15.WAIVER: If AUB agrees 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 implied or set out herein nor constitute a general waiver under this agreement nor any other agreement, past, present or future. 16.STANDING MATERIAL: At the discretion of AUB, all plates, type, cutting forms and other surfaces and/or film bromides may be cleaned off and/or broken up and/or destroyed immediately after the customer is advised of the completion of work unless otherwise agreed by AUB in writing. All mater kept standing by AUB at the request of the customer shall remain the absolute property of AUB. If at the request of the customer AUB agrees to keep matter standing an additional charge may be made for storage, maintenance and any other necessary attention including all losses and damage arising from or occurring as a result of such work being kept standing. 17.CUSTOMER’S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER: a/Customer’s property held by AUB and all property and material supplied to AUB by or on behalf of the customer (including goods in transit and work kept standing) will be held at the customer’s risk, and AUB accepts no liability whatsoever for loss or spoilage of, or damage to such property or material unless otherwise agreed by AUB in writing. b/Unless otherwise agreed in writing by AUB, AUB accepts no responsibility for the insurance of such property or material in the event of AUB’s agreement in writing to insure such property or material, the cost of insurance premiums shall be charged to the customer. c/When the customer supplies materials, adequate quantities as specified by AUB shall be supplied to cover spoilage and AUB accepts no responsibility whatsoever arising from work not satisfactorily being completed due to inappropriate, insufficient, incorrect or faulty materials being supplied. Materials shall not be counted or checked when received unless requested by the customer in writing. An additional charge may be made by AUB in respect of any such counting or checking requested by AUB. d/In the case of property and materials left with AUB for 12 months or more without specific instructions, the property and materials shall belong to AUB to deal with as he in his absolute discretion decides. e/When materials, property or equivalent are supplied by the customer, AUB accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment. f/An extra charge may be made by AUB for handling or storing property, materials or equipment supplied by or on behalf of the customer. g/Anchored blocks or soldered or patched plates are accepted at the risk of the customer and no responsibility is accepted by AUB for damage to such blocks or plates. Any necessary repairs or loss of time connected with them shall be paid for by the customer. h/Any change or correction to any film, bromides, artwork and/or any printing surface supplied by the customer, necessary in the opinion of AUB to ensure properly finished work, shall be paid for by, and made at the risk of the customer. i/The customer will hold AUB harmless in the event that the customer has not received permission to use copyright materials or materials belonging to any person other than the customer (or not permitted to use according to any State or Federal law or regulation or rule thereunder) which have been supplied by the customer to AUB. 18.OWNERSHIP OF DRAWINGS, BLOCKS, ENGRAVINGS, ELECTROTYPES: a/Drawings, sketches, paintings, photographs, designs or typesetting furnished by AUB, dummies, models or the like devices made or procured and manipulated by AUB and negatives, positives, blocks, engravings, stencils, dies, plates or cylinders made from AUB’s original design, or from a design furnished by the customer, remain the exclusive property of AUB unless otherwise agreed upon in writing. Further if, in the absence of any specific agreement, AUB makes electros or stereos or other forms of duplication in order to cut down press work or for his own convenience, then such electros, stereos or other forms of duplication shall remain his property. b/Sketches and dummies submitted by AUB on a speculative basis shall remain the property of AUB. They shall not be used for any purpose other than that nominated by AUB and no ideas obtained there from may be used without the consent of AUB. AUB shall be paid by the customer for any use authorized or unauthorized of such sketches and dummies. 19.STATUTORY RIGHTS AND OBLIGATIONS: The terms and conditions herein must be read having regard to any Commonwealth or State legislation (to the extent that it may be applicable) and nothing contained herein shall be read as purporting to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, any conditions or warranties implied by such legislation (which conditions or warranties cannot be lawfully excluded, restricted or modified by agreement) or any right or remedy conferred thereby (which right or remedy cannot lawfully be excluded, restricted or modified by agreement). The invalidity of any clause or part of a clause shall not affect any other clause or other part of the clause. 20.AUTHORISATION: The customer hereby authorizes AUB, when AUB considers it necessary, to pass the customer’s work or any part of the process thereof out to any other firm, company or person in which case the rights and liabilities of such firm, company or person shall be the same as those of AUB under this agreement except that this clause shall be excluded. |