Terms & Conditions
- DEFINITIONS AND INTERPRETATION
“Company” means Cliff Lewis Printing Pty Ltd ACN 000802675 trading as Lewis Media Group ABN 44 289 679 702. “Customer” means the individual or entity placing an order with the company. “Order” means an order placed with the company for supply of goods and/or services and any such order shall be deemed to incorporate these terms of trade. “Terms of trade” means these terms and conditions of sale which may be varied from time to time. “Products” means any product or materials supplied or to be supplied by the customer to the company as specified in an order accepted by the company. “Work” means all or any materials, goods, design, print, signage, postage, delivery, installation and/or other services.
- APPLICATION OF TERMS AND CONDITIONS
a. Except as otherwise agreed to in writing by the company, these terms of trade contain the entire understanding between the parties and shall apply to every order or offer by the company for the supply of goods. b. Any condition in the customer’s acceptance or other document created or issued by the customer inconsistent with these terms of trade are expressly excluded and do not bind the company. c. By placing an order the customer is deemed to have accepted these terms of trade. d. These terms of trade supersede any previous terms of trade and may only be varied if authorised in writing by the company.
a. Quotations prepared by the company are based on rates as at the date of the quotation. b. Quotations are open to be accepted by the customer at any time within 30 days of the date of the quotation subject to the company reserving the right to alter the quoted price prior to acceptance in the event of an increase in materials, labour, or other costs. c. Quotations do not include delivery, postage or taxes unless specified. d. Quotations may only be accepted as a whole, component parts of a quotation are not open to be accepted individually as review and adjustment to the quotation is required to account for any cost variation. e. Subsequent orders are subject to further quotations.
- PRICES, VARIATIONS AND ADDITIONAL COSTS
a.Prices quoted by the company are open for acceptance by the customer for a period of 30 days, however the company reserves the right to increase any price quoted to the customer either before or after acceptance of an order if a change in circumstance arises. b. Any change to the stock, quantity, size, colour, or any other detail quoted will be considered a variation of the quote with additional charges payable at the company’s current rates. c. Any additional work created for the company due to author’s corrections shall be charged to the customer as an additional cost at the company’s current rates. d. Graphic design work will incur additional charges if stock images are required to be purchased or the customer requires additional rounds of changes not allowed for in the quotation. e. The customer agrees that any delivery requirements in addition to those quoted will be charged to the customer as an additional cost at the company’s current rates. f. The customer may cancel an order at any time by notice in writing but shall remain liable to the company for all costs incurred and work performed prior to cancellation at the company’s current rates. This includes hours worked, research conducted, and any materials or assets created on the customers behalf. g. The customer shall pay the goods and services tax at the appropriate rate on the whole job at the time of invoicing in addition to the price quoted. h. Where products supplied by the customer do not correspond with those upon which the quotation is based, the company may treat the order as involving a variation of the customer’s order. i. The company reserves the right to charge at its current rates for the additional costs incurred as a result of any variation to the customer’s order upon which the quotation is based. j. In addition to the quotation the company may charge for the handling or storage of products supplied by or on behalf of the customer.
- FORMATION OF CONTRACT
a. Each order constitutes an offer by the customer for the company to do work subject to these terms of trade and to the exclusion of any other terms and conditions asserted by the customer. b. A contract shall be made between the company and the customer for the work, only when an order is accepted by the company in writing, orally or by conduct, and by the customer by way of acceptance of the quotation and these terms of trade.
- ARTWORK AND COPYRIGHT
a. The customer warrants that they have the right to use and reproduce any artwork or content provided to the company. b. The company shall not be liable for any copyright infringement arising from the customers artwork and content. c. The company is not liable for any images printed which are distorted or pixilated due to low resolution artwork provided by the customer. d. The company will not be liable for any artwork errors including misspelling, grammar, fonts, punctuation, graphics or layout such as spacing, incorrect or missing folds, cuts, die lines, crop marks, transparency, bleeds, poor orientation or alignment. e. The customer is fully responsible for final proof and layout approval prior to production. Jobs that have been approved and sent to production cannot be altered and no refund will be given. f. All artwork designed by employees of the company remains the sole intellectual property of the company and is not to be released to the customer without written agreement and payment received to compensate the company for the release of its intellectual property and/or transfer of copyright.
- ACCOUNTS PAYABLE
a. An invoice will be issued by the company to the customer reflecting the price quoted plus the cost of any variations and additional charges. b. Payment must be made within the number of days specified on the invoice, in Australian currency free of exchange. c. The company may withdraw any customer discount, credit account facility, or acceptance of additional work, if payment has not been received by the due date. d. Time is of the essence regarding the making of all payments and where payment is not made within the agreed terms by the due date interest will be payable by the customer on all amounts overdue from the due date until the date that payment is received at a rate of 2% per month. e. The company reserves the right to recover any costs incurred due to late payment.
a. In the event that work has commenced and subsequently been placed on hold by the customer, or the customer fails to respond to the company in order to progress the work, the company shall consider the work abandoned after 14 days from last contact and will invoice the customer for any work completed to date at the current rates.
- QUALITY CONTROL
a. The company shall make all reasonable efforts to ensure quality control and deem work to be satisfactory unless the customer notifies the company in writing within 7 days of completion. b. The company may, at its sole discretion, reprint or refund the customer for any work agreed to be defective or substandard. c. Liability for unsatisfactory work is limited to the value of the work and it is specifically agreed that the company is not liable for distribution costs of any consequential or other loss howsoever occurring of the customer.
- THIRD PARTY
a. Where the performance of any contract with the customer requires the obtaining of goods or services from a third party, the contract between the company and the customer shall incorporate and be subject to the conditions of supply of such goods and services to the company and the customer shall be liable for the cost in full of such goods and services. b. The customer agrees to indemnify the company for any damages and costs including legal costs resulting from any claim or action brought against the company by a third party arising out of work by the company for the customer.
a. The company shall treat as confidential all data and other information supplied by the customer and shall use its best endeavour to maintain the confidentiality of such data and information. b. The company shall however not be liable for any breach in confidentially which may occur and reserves the right to use any finished products or photos of finished products and services as samples for customers or for promotional purposes.
- TIMES FRAMES AND DELIVERY
a. The company shall endeavour to meet requested delivery timeframes however shall not be liable for any failure to meet any such time frames howsoever occurring. b. Delivery shall be made to the address specified by the customer at the time of order, with costs to be borne by the customer. c. The risk of loss or damage to the order shall pass to the customer upon delivery.
- HOLDING, TRANSPORT, POST AND STORAGE
a. The receipt, holding, transport, post, and storage of all products of the customer by the company are at the customer’s risk.
a. The customer must maintain adequate insurance to cover any loss in respect of supplied products however caused. b. The company accepts no responsibility to keep safe or to prevent loss or to insure any products of the customer.
- RIGHT TO REFUSE TO PERFORM WORK
a. The company reserves the right to refuse to perform any work which in its opinion may breach or infringe upon the rights of any third party in any way, provided that notice of such refusal is promptly communicated to the customer. b. The company reserves the right to refuse to perform work or to accept products where products have been delivered in unsuitable condition or without accurate documentation as to materials and/or quantities. c. The company reserves the right to refuse work unless the customer can establish right title or originality or any other personal or property right in respect of any material.
- FORCE MAJEURE
a. The customer shall not have any claim against the company for failure by the company to carry out its obligations as a result of force majeure including but not limited to any strike, lockout, shortage of labour or material, delay in transportation, stoppage or breakdown of machinery, accident of any kind and default or delay of any kind by any supplier of the company or subcontractor, any riot, political or civil disturbances, act of God, any act of state or other authority or indirectly beyond the control of the company.