Issued by the Printing Industries Federation of New Zealand Inc.
1. QUOTATIONS. All quotations are based on printed, typewritten, electronic or other good copy acceptable to the supplier. Where the customer is supplying any item, they must be of an acceptable quality and quantity as determined by the supplier. The quotation is an interpretation of the customers instructions, both written and verbal. Customers are therefore advised to carefully check quotations before accepting them. For the purpose of these terms of trade quotations includes estimates.
2. ACCEPTANCE. The quotation will lapse if not accepted within 30 days.
3. GST. All quotations are exclusive of GST. unless shown as doing so.
4. VARIATIONS/ALTERATIONS. All quotations
are based on the conditions and specifications in the quotation, (ink, paper, quantity, delivery etc.) and covers all work and materials required to complete the order. Any variation or alteration to the specifications, copy and/or layout supplied by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.
5. EXPERIMENTAL AND/OR CREATIVE WORK. Experimental work, preliminary sketches, dummies and other creative work will be charged by the supplier.
6. 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.
7. 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.
8. HOLDING OF PLANT TO CUSTOMERS INSTRUCTIONS. Customers will be charged for any plant held waiting for customers instructions.
9. CUSTOMERS PROPERTY. The supplier will take reasonable skill and care of the customers property and return it to the customer in good condition. If the supplier agrees to the storage of the customers property, unless it is agreed in writing the supplier will not be responsible for insurance cover. Unless otherwise agreed in writing, the supplier may dispose of any materials held twelve months following the date of the invoice.
10. INTERMEDIATE MATERIAL. (That product which comes into existence during the preparation or processing of the customers order but which is not the final product.) Ownership of intermediate materials will pass when it has been paid for. Charges for intermediate material will be determined at the time of quoting.
11. ELECTRONIC IMAGES AND/OR FILES. It is the customers responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.
12. QUANTITY. Every effort shall be made by the printer to deliver the quantity specified. All quotations however are conditional upon a margin of 5% in single colour work and 10% in multicolour work being supplied over or under. Unless otherwise agreed in writing this margin shall be charged or deducted respectively on a pro rata basis.
13. DELIVERY. Unless otherwise agreed delivery is at the suppliers factory door in a continuous uninterrupted delivery of the complete order.
14. TERMINATION OF CONTRACT. Where a contract is cancelled by the customer, all work properly done by the supplier will be paid for by the customer. Contracts for the printing of periodicals can only be cancelled on the supplier receiving the agreed amount of notice in writing, if there is no such agreement of notice in writing.
15. 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.
16. 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.
17. SUPPLIERS LIABILITY. Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply to the supply of goods under this agreement.
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, or consequential loss or damage due to any industrial disputes, accidents, natural disasters, acts of terrorism, equipment failure or mischievous damage or other cause beyond the suppliers control.
18. PAYMENT. Payment is due in full on or before the 20th of the month following delivery, unless as otherwise may be agreed. If the purchaser is not a Rocket Print account holder, payment must be made in full prior to work commencing.
19. 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.
If the supplier 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 customers business address or registered address.
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.
20. SECURITY INTEREST. The supplier retains a security interest in all goods supplied to the customer until the supplier receives payment in full of all sums owing by the customer under any contract for the supply of the goods. The nature of the security interest is that the supplier retains title to the goods. The security interest shall apply to goods supplied to the customer in the future. The customer shall not allow any goods subject to the security interest to become an accession to other goods.
(a) The customer hereby waives the customers right to receive a copy of the verification statement following registration of the suppliers security interest.
(b) The supplier may allocate any payment received from the customer against any debt owed by the customer in any manner that the supplier may decide, notwithstanding any purported allocations by the customer.
(c) If after due date the debt remains unpaid the supplier is entitled to enter the customers premises and seize the goods unpaid for and to dispose of them as the supplier sees fit and to apply such proceeds towards the debt. The customer hereby irrevocably authorises the supplier or the suppliers agents to enter the premises of the customer to locate and seize the goods.
(d) If the supplier does not at any time have priority over all other secured parties in relation to any goods then pursuant to section 107 (1) of PPSA, for the purpose of dealing with those goods the parties contract out of sections 108 and 109 to the extent of deleting the words with priority over all other secured parties in sections 108 and 109 (1) of the PPSA and the PPSA shall be read as if sections 108 and 109 (1) did not have the words with priority over all other secured parties.
(e) The customer agrees that none of sections 114(1)(a), 133 or 134 of the PPSA will apply to any dealings with the goods under this agreement. The customer further waiver their rights:
i. To receive a statement of account under section 116;
ii. To receive any part of the surplus under section 117(1)(c) or recover it under section 119 if the supplier has in good faith made any payment to any person under sections 117(1)(a) or 117(1)(b) to which it subsequently transpires that person was not entitled;
iii. To receive notice of any proposal of the supplier to retain goods under section 120(2);
iv. To object to the suppliers proposal to retain goods under section 121;
v. To make any claim for damages to any other goods if the supplier removes an accession under section 125;
vi. To be given notice of the removal of any accession under section 129;
vii. To apply to the court for any order with respect to removal of an accession under section 131;
viii. To redeem any goods under section 132;
21. DISPUTE RESOLUTION. The attention of the customer is drawn to the mediation facility offered by Printing Industries New Zealand incorporated.
The law applicable to the supply of goods shall be the law of New Zealand and any disputes shall be adjudicated in the New Zealand courts.
