Terms & Conditions
Standard Terms & Conditions and Recognised Customs of the PRINTING INDUSTRY
Issued by the Printing Industries Federation of New Zealand, Inc.
1. GST. All prices are in New Zealand Dollars and are exclusive of GST.
2. COLOUR PROOFS. There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The supplier will however use its best endeavours to provide a commercially acceptable finished product.
3. PROOF APPROVAL. The supplier is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.
4. ELECTRONIC IMAGES AND/OR FILES. It is the customers responsibility to retain a copy of any image or file supplied.
5. QUANTITY. Every effort shall be made by the printer to deliver the quantity specified.
6. CLAIMS. Complaints regarding finished goods must be received by the supplier within a reasonable time. What is a “reasonable time” will depend on the circumstances of each case, however 10 days is to be regarded as the norm.
7. ILLEGAL OR LIBELLOUS MATERIAL.The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
8. SUPPLIER’S LIABILITY. Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply. The supplier will not be liable for any indirect or consequential loss to the customer arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by the supplier to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation is the customers responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier. The supplier shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other cause beyond the supplier's control.
9. PAYMENT. Payment if on account is due in full on or before the 20th of the month following delivery, unless as otherwise may be agreed.
10. GENERAL LIEN/ROMALPA CLAUSE. The supplier has in respect of all unpaid debts, a general lien on all the goods delivered by the supplier or in the supplier's possession. If after 14 days written notice a debt remains unpaid the supplier is entitled to enter the customer's premises and seize the goods unpaid for and to dispose of the goods as the supplier sees fit and apply such proceeds towards the debt.
11. DISPUTE RESOLUTION. In the first instance any dispute between the parties must be discussed between them to attempt to settle the dispute. Where the parties cannot reach a settlement between themselves, the supplier as a member of Printing Industries New Zealand allows the parties access to the services of Printing Industries New Zealand to resolve any differences between the parties by mediation. If no agreement can be reached through mediation the parties may agree to arbitration by Printing Industries New Zealand by signing a separate agreement. This clause does not remove the customer's right to refer any dispute to any other body or organisation, or impose any requirement that the customer attend any mediation or arbitration.
12. OVERDUE ACCOUNTS. All legal costs calculated on a solicitor/client basis incurred by the supplier in the recovery of overdue accounts, all collection fees, late payment fees and the like are payable on demand by the customer. Interest at the rate of 2% (or as otherwise may be agreed) per calendar month calculated on a daily basis shall be payable by the customer on any outstanding payments from the due date until actual payment. Such interest shall accrue both before and after any judgment.
ISSUED ORIGINALLY IN 1929, REVISED IN 1948, 1961, 1972, 1978, 1984, 1987 AND DECEMBER 1998 TO INCORPORATE TECHNOLOGICAL CHANGE AND GOVERNMENT LEGISLATION.