Goods and services are supplied by Rebecca Ann Design (The Company) to the Customer on the following terms and conditions:
PRICE. Unless expressly quoted, the prices contained in any contract and any discounts are those applicable at the date of delivery. The Company reserves the right to vary prices by agreement from time to time.
GOODS AND SERVICES TAX. All quotations are priced GST exclusive unless shown as doing so. The Company shall be entitled to charge the amount of any
Goods and Services tax payable when the work is invoiced.
QUOTATIONS. Unless the quotation is accepted in its existing form within 14 days from the date on which it is given it may be deemed to have lapsed.
VARIATIONS. 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. Experimental work, preliminary sketches, dummies and other creative work, intermediate materials, product which comes into existence during the preparation or processing of the Customer’s order but which is not the final product and any resultant goods 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 the Company for content, medium, layout or presentation until such work has been paid for.
PROOFS. The company shall not be liable for errors where a proof has been submitted to and approved by a Customer. All proofs, including proofs subsequent
to variations, are chargeable to the Customer as agreed in writing.
COLOUR PROOFS. The Company provides no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The Company will however use its best endeavours to provide a commercially acceptable finished product.
IMAGE COSTS AND ROYALTIES. Unless expressly stated elsewhere in writing, all costs associated with photography and/or finding, purchasing and management of license associated with images needed for printed or electronic documents are excluded from the price and will be billed as additional costs.
INTELLECTUAL PROPERTY. The Customer agrees that The Company may (at no cost) use for the purposes of marketing any documents, designs, drawings or Goods which The Company has created for the Customer.
ELECTRONIC IMAGES AND/OR FILES. It is the Customer’s responsibility to retain a copy of any electronic image or file supplied by the Customer to the Company. The Company is not responsible for accidental damage to any electronic material supplied and such material is held at the Customer’s risk.
CUSTOMER'S PROPERTY AND PROPERTY SUPPLIED. The Company will take reasonable care of the Customer’s property but the risk shall be on the Customer and the Company shall not be responsible for any damage. Unless it is otherwise agreed in writing the Company will not be responsible for insurance cover.
Unless otherwise agreed in writing, the Company may dispose of any materials held twelve months following the date of the invoice.
DELIVERY. Unless specified otherwise quotations are based on (a) delivery at the Company’s address supplied on client application form, and (b) a continuous and uninterrupted delivery of the complete order.
FREIGHT. All freight costs or similar cash disbursements, incurred in the delivery of Customer’s goods, are chargeable and may at the Company’s discretion,
be subject to a separate prompt payment invoice. Postage is not included unless shown as doing so.
TERMINATION. Orders cannot be terminated except upon terms which will compensate the company for all expenses incurred and otherwise protected against loss.
SUSPENDED WORK. The suspension of any work for a period of 60 days shall entitle the company to payment in full for the portion of the work completed.
CLAIMS. Any complaint must be made in writing within 10 days of the receipt of the goods. Beyond this a claim may not be recognised, but if product is intended for storage for some time, any claim in respect of short supply/damaged goods will be recognised and on investigation appropriate remedies will be put in place.
MODIFICATION TO TERMS. The Company reserves the right to change these Terms at any time without notice to you by posting changes online at
www.radesign.co.nz/terms you are responsible for reviewing regularly the information posted online to obtain timely notice of such changes. Your continued use of The Company services and products following any such changes and your failure to notify The Company of your not accepting one of more of the Terms shall constitute your acceptance of these Terms as modified by the posted changes.
LIABILITY. The company will not be liable for any indirect or consequential loss or for any loss to a Customer arising from third party claims occasioned by errors
in carrying out the work or by delay in delivery.
PERSONAL PROPERTY SECURITIES ACT. The Company retains a security interest in all goods supplied to the Customer until the Company receives payment in full of all the sums owing by the Customer under any contract for the supply of the goods. The nature of the security interest is that the Company retains title to the goods. The security interest shall apply to the 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. The Customer hereby waives the Customer’s right to receive a copy of the verification statement following registration of the Company’s security interest. The Company may allocate any payment received from the Customer against any debt owed by the Customer in any manner the Company may decide, notwithstanding any purported allocation by the Customer. If after due date the debt remains unpaid the Company is entitled to enter the Customer’s premises and seize the goods unpaid for and dispose them as the Company sees fit and apply such proceeds towards the debt. The Customer hereby irrevocably authorises the Company or the Company’s agents to enter the premises of the Customer and seize the goods.
PAYMENT. Unless otherwise stated, payment of the products and services shall be made within 14 working days following the date of invoice. The Company reserves the right to require the Client to pay for Products and/or Services prior to their supply and/or production. Interest may be charged on any amount owing after the due date at the rate of 2.5% per month, or part thereof, compounding.
These Terms and Conditions of Sale were last updated in March 2015.