FULL TERMS OF TRADE AND CREDIT
CHARLES SMITH PRINTING LIMITED TRADING AS SMITH PRINT
(the supplier) and the customer (the purchaser/buyer) agree that:
Customers are advised to carefully check quotations before accepting them.
Quotations are based on the costs prevailing at the date of quotation.
We have the right to alter any quotations that are older than 30 days. Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.”
Quotations do not include GST unless shown as doing so.
All quotations are based on the conditions and specifications in the quotation, (ink, paper or other medium, layout, quantity, delivery etc.) and provide for all work and materials required to complete the order. Any (a) variation or alteration to the conditions and specifications or (b) increase in material and or labour costs may increase the quoted price.
- Experimental and/or Creative Work
Any design work must be paid for by the customer unless the cost is separately identified and provided for as part of the quoted price and the customer shall not use any proposal or idea from Smith Print for content, medium, layout or presentation until such work has been paid for.
Work prepared on a trial basis at the Customer’s request shall be considered an order and charged for.
- Colour Proofs
Smith Print provides no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The Smith Print will however use its best endeavours to provide a commercially acceptable finished product.
- Proof Approval
Smith Print is not liable for errors or variations in the finished work where such errors or variations were contained in the proof approved by the customer.
- Customer’s Property
Smith Print will take reasonable care of the customer’s property but the risk shall be on the customer and Smith Print shall not be responsible for any damage. Unless it is otherwise agreed in writing Smith Print will not be responsible for insurance cover. Unless otherwise agreed in writing, Smith Print may dispose of any materials held six months following the date of the invoice.
- Electronic Images and/or Files
Smith Print is not responsible for accidental damage to any electronic material supplied and such material is held at the customer’s risk. Subject to clause 10 the Smith Print’s own electronic records shall remain the property of the Smith Print.
Unless otherwise agreed Smith Print will deliver the quantity specified, if the agreed amount can not be delivered for any reason Smith Print has the right to adjust the invoice up or down. Every effort will be made to deliver the quantity specified but Smith Print may produce up to 5% more or less than the quantity ordered by the Customer, and the Customer will pay for the work produced.
If Smith Print organises delivery of goods, a reputable courier firm is used for dispatch of orders. Smith Print is indemnified against and cannot be held accountable for lateness of deliveries if your parcel is delayed during shipment.
However Smith Print will endeavour to track the parcel and work with you on the best solution to help resolve any issue that may arise.
- Termination or Suspension of Contract
Notwithstanding any other clause in this agreement, where a contract is suspended or cancelled by the customer, all work carried out and goods supplied by Smith Print will be paid for by the customer forthwith on presentation of the invoice.
Complaints regarding finished goods or account queries must be received by Smith Print within 14 days of receipt of goods order/invoice. All claims are case by case but after this 14 day period Smith Print is not liable to fix, repair, reprint, discount or negotiate.
- Smith Print’s Liability
Where the customer is a company or a person acquiring or holding themselves out as acquiring goods or services or both for the purposes of a business the Consumer Guarantees Act 1993 will not apply to the supply of goods under this agreement. Smith Print will not be liable for any indirect or consequential loss to the customer or to any third party arising from errors in the work or from delay in delivery. Compliance with any such legislation shall be the customer’s responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to Smith Print or suitable for any market requirement.
- Payment and Default Consequences
Smith Print does not offer credit unless an account form is completed, approved and these terms and condition are accepted in full.
Payment is due in full on or before the 20th of the month following completion unless otherwise stated in these terms or in Smith Print’s invoice to the customer. If invoices are not paid in full and on time the customer will pay collection and/or collection agency and/or legal fees and such fees may include additional fees or commissions charged by debt collecting firms and actual legal costs and disbursements charged on a solicitor and own client basis. In addition to the costs of recovery the customer will pay penalty interest on any unpaid amount from the due date until payment in full at the rate of 24% per annum and such penalty interest shall continue to be payable after and notwithstanding any judgement obtained by Smith Print against the customer. If Smith Print finds it necessary to sue the customer, service of any document will be deemed to be effected on the customer if that document is left at the address shown as the customer’s business address or home address or registered address.
The Customer will pay all costs and charges (including legal costs as between solicitor and client) incurred by Smith Print in consequence of or in connection with any breach or default by the Customer in the performance or observance of any of the terms of these conditions or their enforcement.
- Dispute Resolution
If a dispute arises out of or relates to these terms then the parties agree to:
(a) Endeavour to settle the dispute by mediation within 30 days of the date of the invoice.
(b) If agreement cannot be reached through mediation, to refer the dispute to arbitration by Printing Industries New Zealand within 60 days of the date of the invoice.
If there is any requirement for action to be taken against the customer by Smith Print all actions whether hearings and/or court matters will be heard in Wellington.
- Force Majeure
Smith Print is not liable to the Customer for any failure or delay to carry out its obligations where such failure or delay is caused by any event or cause beyond the reasonable control of Smith Print.
If a decision is made by a court that any of these terms are unlawful and unenforceable, that term will be severed from this agreement to the extent that it is unlawful and unenforceable, and the rest of the terms will remain in force.