GENERAL
1. Quotations
1.1 Subject to paragraphs 1.2, 2, 3 and 4, all prices quoted are based
on work specified in the quote (or the verbal instructions given at
time of order). Quotes are valid for a period of 30 days from their
date. Quotes will be deemed accepted upon the Customer making an Order
1.2 Prices quoted are based on the current cost of production,
(materials, labour, machine time etc) and are subject to amendment by
Oz local Media
and Technology 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
Oz local Media
and Technology.
2. Customers Instructions
2.1
Oz local Media
and Technology shall only be required to fulfil the instructions
specified in the quote. The customer is responsible to provide written
instructions at the time of quotation.
Oz local Media
and Technology shall not be
responsible for errors or omissions due to misinterpretation of verbal
instructions.
2.2 The cost of additions or alterations to any proof submitted to a
customer will be added to the price (unless changes to the proof are
merely typographical corrections).
3. Expedited Delivery
3.1 Customer acknowledges that a requirement for urgent delivery
increases the likelihood of defects.
Oz local Media
and Technology will use reasonable
efforts to avoid defects but will not be liable for defects arising
because of urgent delivery.
3.2 The price will be increased to cover overtime work or other
additional costs incurred as a result of any requirement for urgent
delivery.
4. Outside Work
4.1 If
Oz local Media
and Technology has to obtain goods (including typefaces, film, plates
etc) and/or services not normally stocked or supplied by
Oz local Media
and Technology from
a third party in order to carry out the customer’s instructions:
a)
Oz local Media
and Technology
acquires these goods and/or services as agent for the
customer and not as principal. It 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 supplier.
b) The customer must pay for such goods and/or services.
c) Any such goods are obtained on the basis that title in those goods
passes to
Oz local Media
and Technology
when the goods are incorporated into the work done
by
Oz local Media
and Technology.
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, entitles
Oz local Media
and Technology
to
payment in full for the work completed up to the suspension date.
6. Cancelled Orders
6.1 Orders cannot be cancelled except upon terms, which compensate
Oz local Media
and Technology
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
Oz local Media
and Technology will invoice the customer for
the quoted price plus any additional charges referred to above.
7.2 All Invoices shall be paid COD unless prior arrangements are
agreed with
Oz local Media
and Technology. Any credit arrangements will require an Account
Application form to be completed and approved by
Oz local Media
and Technology.
7.3
Oz local Media
and Technology will use its best endeavours to deliver the correct
quantity ordered however quantities will at all time be considered
estimates only and are conditional upon a margin of five percent (5%)
being allowed for overs or shortages, which shall be charged for or
deducted as appropriate.
7.4
Oz local Media
and Technology may at its option charge interest (at the rate of the
Commonwealth Bank of Australia on overdrafts not exceeding $100,000
plus 3%) on amounts not paid when due, such interest is to be
calculated on a daily basis from the date any such amount should have
been paid until the date of payment as a genuine assessment of the
damages which
Oz local Media
and Technology will suffer
7.5 If the customer fails to pay when due,
Oz local Media
and Technology may contract with
third parties, including the lawyers, to recover such payment,
Oz local Media
and Technology
will be entitled to recover costs paid to such third party in addition
to any other monies payable under these terms.
8. Warranties and Conditions
8.1 Unless expressly set out herein, all implied warranties and
conditions in relation to any supply by
Oz local Media
and Technology are expressly excluded
(unless such warranties cannot at law be excluded).
9. Risk
9.1 The goods are at the risk of
Oz local Media
and Technology until delivered to the
customer by
Oz local Media
and Technology at its premises.
9.2
Oz local Media
and Technology
shall not be liable for insurance, freight or loss or
damage to goods in transit incurred in delivery.
10. Liability
10.1 To the fullest extent permitted by law, except as provided
herein,
Oz local Media
and Technologyshall 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
arising out of
Oz local Media
and Technology's negligence, or in any way whatsoever.
10.2
Oz local Media
and Technology acknowledges liability for implied warranties under
Trade Practices Act 1974, (the Act) provided that liability for a
breach of a condition or warranty implied by Division 2 of Part V of
the Act (other than section 69) is hereby 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
Oz local Media
and Technology
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
Oz local Media
and Technology or for any damage, loss or
destruction of any property of the customer unless the loss or damage
has been caused by the failure of
Oz local Media
and Technology to exercise due care and
skill in handling or storing such property .
10.4 Force Majeure.
Oz local Media
and Technology
will not be liable for any loss, damage or
expense suffered or incurred by the customer where such loss is
occasioned by any cause beyond
Oz local Media
and Technology's reasonable control, including
and without limiting the generality of the foregoing by war,
insurrection, terrorism, 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.
10.5 Delivery. The delivery terms are estimates only.
Oz local Media
and Technology will not
be liable for any loss, damage or delay suffered by the customer
because of late or non-delivery of goods or services.
11. Claims
11.1 The customer must inspect goods or services supplied by
Oz local Media
and Technology
within 14 days from delivery. Any claims against
Oz local Media
and Technology must be in
writing within such fourteen (14) days. No claims shall be made by the
customer beyond this period.
12. Non Payment
12.1 Until the customer has paid all sums outstanding for the goods
supplied, title to the goods shall not pass from
Oz local Media
and Technology
to the
customer.
12.2 If the customer has not paid all sums outstanding in relation to
the goods, the customer must forthwith return the goods to
Oz local Media
and Technology
if
so directed by
Oz local Media
and Technology.
13. Copyright
13.1 Copyright in all artistic and literary works authored by
Oz local Media
and Technology
shall remain the property of
Oz local Media
and Technology unless there is a written
agreement to the contrary.
13.2 The customer warrants to
Oz local Media
and Technology,
that the customer has copyright
in or a licence to authorise
Oz local Media
and Technology
to reproduce all artistic and
literary works supplied by the customer to
Oz local Media
and Technology
for the purpose of
the Order. The Customer expressly authorises
Oz local Media
and Technology
to reproduce all
and any of such works for the purposes of the Order.
13.3 The Customer indemnifies and agrees to keep
Oz local Media
and Technology indemnified
against all liability, losses or expenses incurred by
Oz local Media
and Technology
in any
way directly or indirectly connected with any breach of copyright in
materials supplied by the customer.
13.4 Conditional upon receipt of payment in full for the work
performed by
Oz local Media
and Technology,
Oz local Media
and Technology grants to the customer a non-exclusive
license to use the copyright in works created by
Oz local Media
and Technology for the
purposes of the Order.
14. Confidentiality
14.1 The customer must keep confidential and must not (without
Oz local Media and Technology's written consent) use any ideas, systems or processes
communicated or made available by
Oz local Media
and Technology to the customer.
15. Electronic Media
15.1 All Disks, tapes, compact disks or other media (other than the
media supplied by the customer) used by
Oz local Media
and Technology to store data for the
purposes of completing the Order are the property of
Oz local Media
and Technology. The
customer cannot require
Oz local Media
and Technology to supply to the customer any such
data.
Oz local Media
and Technology may charge the customer for supplying such data where it
chooses to supply such data to the customer.
15.2
Oz local Media
and Technology
will not be liable for storing any data on disks, tapes,
compact disks or other media when the Order has been completed. If
Oz local Media
and Technology agrees to store such data,
Oz local Media
and Technology
may charge the customer to
do so.
16. Goods and Services Tax
16.1 The customer will be liable for any goods and services tax
payable on the supply of goods and/or services by
Oz local Media
and Technology
to the
customer.
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