|
Conditions
of Business :
1. Introduction
1.1 These terms and conditions (the terms) govern
every contract made between Cassidy Design for the supply of goods
and services to any person, firm or company (the client).
1.2 The terms prevail over any written terms and conditions of
the client.
1.3 Any variation to the terms must be agreed in writing by a
director of Cassidy Design.
1.4 All contracts between Cassidy Design and the client will be
governed by New Zealand law and the parties agree to submit to
the exclusive jurisdiction of the New Zealand courts.
2. Price and payment
2.1 The client will pay Cassidy Design the fixed fee or current
price list charge whichever is agreed at the time of instruction.
2.2 Cassidy Design will invoice the client at 28 days if feedback
is not received to progress the clients project.
2.3 Invoices from Cassidy Design to the client for supply of goods
or services should be paid in full on receipt of invoice, by cheque.
2.4 Invoices from Cassidy Design to the client for Cassidy Design
services should be paid in full on receipt of invoice by Internet
Banking, Visa or Mastercard via Paymate
2.5 If the client does
not have a credit account with Cassidy Design, goods or services
must be paid for on collection of the completed job. Payment can
be made by cheque or cash.
2.6 Cassidy Design reserves the right (without disclosing a reason)
to demand payment for work on collection at any time.
2.7 The client will pay Cassidy Design any expenses incurred by
in connection with the recovery of monies outstanding (including
legal costs on an indemnity basis).
3. Ordering
3.1 Orders for work must be given in writing to Cassidy Design
by the client.
3.2 Not withstanding clause 3.1, if Cassidy Design accepts a verbal
order from the client Cassidy Design will not be held responsible
for any mistakes (made by either party) arising from that verbal
order.
3.3 Cassidy Design reserves the right to refuse to accept any order.
4. Quotations
4.1 All quotations given by Cassidy Design will be valid for 28
days from the date of quotation.
4.2 If the clients final order changes from the original specification
made for the quotation, Cassidy Design reserves the right to vary
the quotation.
5. Turnaround times
5.1 Turnaround times which are quoted in the price list and web
site are normal target times only and Cassidy Design accepts no
liability for failure to meet these times, but will use its best
endeavours to do so.
6. Image sizes
6.1 Some transparencies and/or negatives do not have the exact
same proportions as certain paper sizes. If this is the case,
the client must inform Cassidy Design if they require the full
image area or if image should be cropped to fill the desired print
size. If no instructions are given Cassidy Design will print the
full frame.
7. Print finish
7.1 Unless stated by the client, Cassidy Design will decide, at
its sole discretion, which print finish to use (either semi-matt
or gloss).
8. ADSL data transmission
8.1 Cassidy Design will not accept responsibility for loss of earnings
to the client for untransmissable ADSL data. It is solely the
responsibility of the client to ensure the receiving end of the
ADSL transmission has an active compatible computer. It is also
the responsibility of the client to ensure the correct ADSL address
is given to Cassidy Design.
9. Colour balancing
9.1 Cassidy Design will, if requested by the client, scan images
to a colour balance provided by the client by way of reference
prints or polaroids.
9.2 If no such request or reference material is provided by the
client Cassidy Design will scan and/or print images using its own
judgement for colour balancing.
10. Uncollected work
10.1 If any items of work including prints and original files
belonging to a client are not
collected after 12 months of the requested work being done, Cassidy Design reserve the right to dispose of such material.
11. Copyright and
moral rights
11.1 Cassidy Design claims no copyright in material submitted to
us for the purposes of fulfilling the clients instruction.
11.2 The client warrants that the client owns or controls all
rights, has obtained all copyright, or has permissions, consents
and waivers that as are now and hereafter required for all copying,
processing, scanning, printing and manipulation to be undertaken
by Cassidy Design.
11.3 The client also warrants that no copyright or moral rights
will be infringed by Cassidy Design carrying out the requested
work.
11.4 The client agrees to indemnify Cassidy Design against all
losses, damages, claims or expenses which Cassidy Design may incur
by virtue of any breach of the above warranties.
12. Liability
12.1 The client must contact Cassidy Design concerning details
of an invoice within 7 days of the date of the invoice.
12.2 Cassidy Designs liability to the client or any other
party for the loss including theft, or destruction or damage to
any materials provided by the client which are deposited with
Cassidy Design for whatever reason;-
12.2.1 Will be limited to the replacement cost of the actual material
and;
12.2.2 Cassidy Design will not be liable for the cost of reshooting
or reprinting the material contained on the material and;
12.2.3 Cassidy Design will not be liable for any loss or damage
to the client or any other party including loss of income and;
12.2.4 It is the clients responsibility to insure against such
loss and damage.
12.3 Cassidy Design will not be liable for failing to complete
any contract between Cassidy Design and the client due to circumstances
beyond Cassidy Designs control including loss of power supply,
machine breakdown, loss of materials, fire, storm, flood, act
of god, war, civil disturbance or terrorism.
|