BASIS OF QUOTATION OR ESTIMATE

  • (a) This quotation is based on the current costs of production and prices will remain unchanged for a period of 30 days. If not accepted within this period it may be varied.

    (b) This quotation is based on sighting the copy and specifications to be supplied for reproduction. Typesetting quotations are based on sighting manuscript and typographical specifications. In the absence of copy or complete specifications an estimate only will be given on material for reproduction. A firm quotation may be given on receipt of material.

    (c) The quotation does not include any costs which may be incurred by the pre-press trade house for handling or storing property or material supplied by or on behalf of the customer.

    (d) A pre-press proof can be supplied with final film separations, charged at a commercial rate, for the purpose of visually assessing the specifications and accuracy of the goods. Once approved by the customer the pre-press proof becomes the acceptable standard for the total accuracy of the printed result.

    (e) Customer’s alterations shall be an additional charge.

    (f) The proof must be returned to the pre-press trade house when this is required to proceed with the order. This proof must be marked O.K. or O.K. with corrections. Colour changes or variations required from poor or unsuitable copy will be an extra charge.

    (g) Where known the quotation includes the cost of goods or services which the pre-press trade house may or is required by the customer to specially acquire for the work. Where such costs are not known at the time of quotation the uncosted goods or services may be indicated on the face of this document and the costs may be advised to the customer prior to work commencing on the goods.

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    TERMS AND CONDITIONS OF TRADING

    1. ACCEPTANCE
      The acceptance of the pre-press trade house quotation or the official customer order to proceed or a verbal instruction to proceed by the customer or his agent shall he an acceptance of these terms and conditions of trading.
    2. DELIVERY AND PAYMENT

      (a) Unless otherwise agreed, the quoted price does not include the supply of the goods to the customer’s premises or his nominated agent. Any specific delivery instructions in variance with this clause will be an additional charge. Upon delivery of the goods to the customer or his agent, the risk to the goods would be the customer’s responsibility.

      (b) Payment shall become due upon delivery of the goods to the client or his nominated agent.

      (c) Should work be required to be delivered prior to the date specified on the customer’s order form, every effort will be made to secure freedom from defects, but the pre-press trade house shall not be liable in any way for any defects or deterioration in quality whether caused by the negligence of or breach of contractual obligation by the pre-press trade house, its servants or agents or otherwise howsoever.

    3. CANCELLED ORDERS
      In the event of orders being cancelled the customer will compensate the pre-press trade house for all work and material used or specially procured to the date of the cancellation.
    4. SUSPENSION OF WORK
      The suspension by the customer of any work in progress, for any reason whatsoever, shall entitle the pre-press trade house to payment in full for the portion of the work completed and material used or specifically procured at the date of suspension.
    5. CLAIMS
      All claims must be made in writing to the pre-press trade house within 14 days of receipt of goods beyond which no claims, except those which are imposed by statute and cannot be excluded, restricted or modified, can be entertained. In the event of material for reproduction not coming to hand from the customer or his agent on the specified time, the pre-press trade house reserves the right to extend the requested delivery time.
    1. SUITABILITY

      (a) Where goods are provided or work is done in accordance with the customer’s order no warranty, except those provided by statute and which cannot be excluded is given or shall be given that the goods or work are suitable in size, shape, capacity, quality, or otherwise for the purpose for which the goods are bought.

      (b) If the pre-press trade house makes available or offers to make available to the customer for approval or correction a proof of the material which the pre-press trade house is to deliver to a client, newspaper, publisher, printer or other destination prior to the delivery of the material and the customer fails to give such approval, make corrections or accept the offer made prior to the time stipulated for delivery the customer shall be liable for any direct or consequential loss sustained due to error.

    2. BREACH OF CONTRACT
      The pre-press trade house shall be entitled to terminate work in the event of any breach of the customer or his agent of any term contained herein or otherwise forming part of this contract or the customer or his agent being unable to pay his debts, or committing an act of bankruptcy, entering into liquidation or entering into a scheme of arrangement with his creditors or, if being a company, being placed under Official Management or a Receiver being appointed under any Debenture or Charge issued or granted by it, or an Inspector being appointed by the other party under the provisions of the Companies Act or Ordinance in force in the State or Territory. Compensation for costs incurred and loss of profit up to the termination of work shall be the responsibility of the customer or his agent.
    3. FORCE MAJEURE
      Contracts and deliveries may be suspended in the event of any tempest, riot, civil disturbance, war, strike, fire, accident, theft, crime or cause which could not have been prevented by the pre-press trade house and which reasonably prevents or retards delivery of work and no responsibility shall be attached to the pre-press trade house for any delay, default, loss or damage due to any of the above causes.
    4. LIMITATIONS ON LIABILITY
      (a) Except to the extent that the customer has the benefit of any non-excludable statutory rights, whether as a consumer or otherwise, that pre-press trade house shall not be liable for any loss whatsoever caused to the customer by any act or default of the pre-press trade house, its servants or agents whether or not such act or default is negligent or wilful or otherwise actionable in tort and whether or not such act or default constitutes a breach of any contractual duty owed to the customer by the pre-press trade house. Without limiting the generality of the foregoing, the pre-press trade house shall not be liable (except to the extent of any liability imposed by statute and which liability cannot as a matter of law be excluded by agreement between the parties) for any loss or damage whatsoever arising from –

      (i) failure by the pre-press trade house, its servants or agents to take reasonable care to ensure that film or plate is in accordance with proof; (ii)failure by the pre-press trade house, its servants or agents to prepare a film or plate in accordance with the customer’s order;
      (iii)the making by the pre-press trade house, it servants or agents of unauthorised alterations to a film;
      (iv)the supply by the pre-press trade house of a film or plate not in accordance with the customer’s order.
    Any such failure, alteration or supply shall not (except to the extent that by statute a defence is given which cannot as a matter of law be excluded by agreement between the parties) constitute any defence to any claim made by the pre-press trade house for payment in respect of any work carried out by the pre-press trade house.
    (b) Where the customer suffers any loss or damage of any kind as a result of the act or default of the pre-press trade house, the pre-press trade house shall (at the option of the pre-press trade house) -
    (i) replace the goods or supply equivalent goods;
    (ii) repair the goods;
    (iii) pay the costs of replacing the goods or of acquiring equivalent goods;
    (iv) pay the cost of having the goods repaired.
    (c) Should work be required to be delivered prior to the date specified on the customer’s order form, every effort will be made to secure freedom from defects, but the pre-press trade house shall not be liable in any way for any defects or deterioration in quality whether caused by the negligence of or breach of contractual obligation by the pre-press trade house, its servants or agents or otherwise howsoever.
    (d) The pre-press trade house will not be liable for any reasonable variations in colour between colour proofs and the completed job. Because of the difference in equipment and conditions between colour proofing and press room operations a reasonable variation in such colour shall constitute an acceptable delivery.
    (e) Although the pre-press trade house will take reasonable steps to ensure that material supplied to a client, newspaper, publisher or printer is within acceptable trade standards and specifications, failure or inability of the client, newspaper, publisher or printer to reproduce the material to the expectation of the customer is in no way the responsibility of the pre-press trade house and should the client, newspaper, publisher or printer so fail to produce the material, for whatsoever reason, including the negligence of the pre-press trade house, no liability shall accrue to the pre-press trade house.
    1. LIEN
      The pre-press trade house shall in respect of all unpaid debts due from the customer have a lien on all goods and property in his possession to the extent allowed by law. The pre-press trade house shall have the right of disposal of the goods subject to the provisions of any State Act or Territory Ordinance provided he has complied with that Act or Ordinance.
    2. COPYRIGHT
      Where the customer orders the reproduction of any drawing, photograph or any other work which may properly form the matter of copyright protection the customer warrants that he has acquired all legal rights in the works which he requires to be reproduced and undertakes to indemnify the pre-press trade house in respect of any liability for copyright infringement consequence upon such reproductions.
    3. OWNERSHIP
      (a) The pre-press trade house’s original designs remain the exclusive property of the pre-press trade house and may only be reproduced with the consent of the pre-press trade house.
      (b) Sketches and dummies submitted by the pre-press trade house on a speculative basis shall remain the property of the pre-press trade house.
      (c) All working material used in the manufacture of the final product supplied to the customer as per specifications shall remain the property of the pre-press trade house.
    4. DISC AND TAPE STORAGE
      Unless arranged in writing prior to origination, the client shall have no right or title to material stored on any type of discs or magnetic tape or on any other electronic form of storage. Discs supplied by the client remain client property. The pre-press trade house reserves the right to charge for duplication for transferring stored electronic material to client discs.
      Unless instructed in writing to the contrary the pre-press trade house will assume that any electronic storage material supplied by a customer is a duplicate copy of the original material.
    5. SAVING
      Notwithstanding that a pre-press trade house or customer might agree in respect of any particular transaction whether expressly or by implication to waive any one or more of the above terms and conditions such agreement shall in no way release the customer or the pre-press trade house from any other obligation or requirement set out herein unless such other obligation or requirement is consistent with the waiving of the term or terms.
    6. DEFINITIONS
      (a) Wheresoever the words pre-press trade house are used in this quotation or these terms and conditions they shall be deemed to mean the person, firm or company making the offer and the customer shall mean the person. firm or company to whom such offer is made.
      (b) Definition of "goods" means the final product supplied by the pre-press trade house and in no way refers to any work carried out by any further process or processes.
    7. INTEREST
      An interest of 10% will be charged on all outstanding accounts over 60 days, unless a prior arrangement has been agreed to.
    8. DEBT RECOVERY
      All debts recovered through court action will include in addition, all recovery costs and past interest.
    9. RUSH WORK
      Involving the interruption of normal production by the pre-press trade house, may carry an additional charge.
    10. WORK OUTSIDE NORMAL HOURS
      Work requested to be performed outside of normal working hours may carry an additional charge.