Nu-Xpress > Terms and Conditions
1. QUOTATION - a) Estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment by the Bureau before or after acceptance of the quotation to meet any rise and fall in such costs between the date of quotation and the date of execution of the order. (b) When quotations are based on specifications, roughs, layouts, samples or dummies or printed, typewritten or other good copy, any extra work or cost caused by any variation by the customer of his original instruction or by the manuscript copy being poorly prepared, or by the customerís requirements being different from those originally submitted or described, may be charged to the customer. (c) Once accepted by the customer, the Bureauís written quotation shall be deemed to interpret correctly the customerís instructions, whether written or verbal. Where verbal instructions only are received from the customer, the Bureau shall not be responsible for errors or omissions which are due to the failure of the customer to make known expressly or by implication the particular purpose for which the services are required or the result that the customer desires the service to achieve.
2. PRELIMINARY WORK - All work carried out, whether experimentally or otherwise, at a customerís request, will be charged to the customer.
3. PROOFS - Proofs of all work may be submitted for customerís approval and the Bureau shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customerís alterations and additional proofs necessitated thereby, shall be charged as an extra. When style, type or layout is left to the Bureauís judgement, changes therefrom made by the customer shall be charged as an extra.
4. ALTERATIONS OF STYLE - Where the customer does not make a typographical style for a job, the Bureau may make a style for him and charge as corrections, all variations from that style.
5. TABULATED WORK AND FOREIGN LANGUAGE - Any tabulated work and/or foreign language included in the job but not contained in the manuscript originally submitted for the purpose of estimating, is chargeable as an extra.
6. AUTHORíS CORRECTIONS - All extra work caused by Authorís corrections, including resetting and/or the over-running of composition shall be charged as an extra.
7. OVERSET - Overset matter shall be charged: overset being type matter that has been set on customerís instructions and not used in the publication for which it was intended. It may be held for subsequent issues, or discarded at the customerís request.
8. TYPE AND OTHER MATERIAL - Unless otherwise agreed, the customer shall bear the cost of type, hot metal and/or bromides, film, ornaments or artwork, specially bought at his request for his work.
9. OUTSIDE WORK - Where the performance of any contract with the customer requires the Bureau to obtain goods or services from a third party, the contract between the Bureau and the customer shall incorporate and shall be subject to the conditions of supply of such goods and services to the Bureau, and the customer shall be liable for the cost in full of such goods or services providing there is no breach of a statutory warranty implied by the Trade Practices Act 1974.
10. DELIVERY - (a) Upon notification to the customer that the work has been completed, the goods shall be at the customerís risk. (b) The customer shall be deemed to have accepted the goods if, within fourteen (14) days (or such other period as the Bureau may stipulate from time-to-time) of delivery, the customer fails to take possession of the goods or notify the Bureau in writing that the goods have been rejected. (c) Should expedited delivery be agreed, reasonable efforts should be made by the Bureau to secure freedom from defects, but the Bureau shall not accept responsibility for defects (except those caused by lack of due care and skill in such circumstances). any extra charge may be made to cover any overtime or other additional cost incurred as a result of the requirement of such early delivery. (d) Unless otherwise specified, the price quoted excludes the cost of delivery of the goods. (e) Claims against the Bureau should be made in writing within fourteen (14) days (or such period as the Bureau may stipulate from time to time) of receipt of the goods by the customer. Claims by the customer as to non-delivery should be made in writing within twenty-eight (28) days (or such other period as the Bureau may stipulate from time to time) after despatch of the goods.
11. PAYMENT - (a) Payment shall become due upon delivery or earlier notification to the customer that the work has been completed. Unless otherwise stated by the Bureau, in writing, no discount shall be allowed and payment shall be by nett monthly account. Unless otherwise stated in writing by the Bureau, interest at the current Bank overdraft rate will be charged on overdue accounts. (b) In the case of the first transaction between the parties, the value of the order shall be paid on acceptance of the quotation or the lodging of the order (whichever shall be later) unless otherwise stated in writing to the Bureau. (c) The suspension by the customer of any work, for any reason, for a period exceeding thirty (30) days shall entitle the Bureau to payment for work already carried out, materials specially ordered for that work and other additional costs, including storage. (d) In the event that the Bureau is required to engage the service of any mercantile agency to effect collection of any amounts due to the Bureau then all collection expenses and associated charges shall be borne by the purchaser.
12. PERIODICAL PUBLICATIONS - A contract for the preparation, production or processing of matter (including all processes ancillary thereto) for a periodical publication may not be terminated by either party unless four (4) weeks written notice is given in the case of periodicals produced weekly or more frequently, eight (8) weeks notice in writing in the case of periodicals produced less often than weekly but not less often than fortnightly, and thirteen (13) weeks notice in writing in the case of periodicals produced less often than fortnightly. Nevertheless, the Bureau may terminate any such contract forthwith should any sum due thereunder remain unpaid.
13. SUITABILITY OF GOODS OR WORK - (a) Liability for breach of a condition or warranty implied into this contract by the Trades Practices Act, 1974, other than a condition implied by Section 69 is limited to any one of the following, as determined by the Bureau: (i) the supplying of the service again; or (ii) the payment of the cost of having the service supplied again. (b) Subject to the application of statutory warranties which cannot be excluded, no warranty shall be given that goods sold or work done will be reasonably fit for a purpose where that purpose is not made known either expressly of by implication.
14. LIABILITY - (a) Except for the supply of goods for private or domestic use the Bureau shall not be liable for indirect or consequential loss or any loss to the customer arising from third party claims occasioned by errors in carrying out the work or delay in delivery. (b) No warranty, other than statutory warranties, is given by the seller or responsibility accepted by him 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 the requirements of such legislation shall be the sole responsibility of the buyer.
15. FORCE MAJEURE - Contracts and deliveries may be suspended by the Bureau in the event of any strike, lockout, trade dispute, fire tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the Bureau to procure necessary material or articles preventing or retarding performance of the contract of delivery or work and no responsibility shall be attached to the Bureau for any delay, default, loss, or damage due to any of the above causes or to any other cause beyond the control of the Bureau.
16. ACCEPTANCE - Acceptance of the Bureauís quotation shall be acceptance of these terms and conditions, notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the customerís order, unless otherwise expressly agreed by the Bureau in writing.
17. GENERAL LIEN - The Bureau shall, in respect of all unpaid debts due from the customer, have a general lien on all goods and property in his hands and shall be entitled on the expiration of fourteen (14) days (or such other period as the Bureau may stipulate) notice to the customer to dispose of such goods or property as he thinks fit and to apply the proceeds towards such debts.
18. WAIVER - Notwithstanding that the Bureau might agree in respect of any particular transaction, either expressly, or by implication, to waive any of these terms and conditions, such agreement shall in no way release the customer from any other obligation or requirement set out herein.
19. STANDING MATERIAL - At the discretion of the Bureau, all make ready Film Type, Ruby Masks, Mask Cuts, and other surfaces and or Film, Bromides, etc, may be cleaned off and/or broken up and/or destroyed immediately on completion of work unless otherwise agreed by the Bureau in writing. All matter kept standing by the Bureau at the request of the customer shall remain the absolute property of the Bureau unless otherwise provided. If, at the request of the customer, the Bureau agrees to keep matter standing, an additional charge may be made for storage, maintenance and any other necessary attention.
20. CUSTOMER'S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER - (a) Customerís property and all property and material supplied to the Bureau by or on behalf of the customer will be held at the customer's risk, and the Bureau accepts no liability whatsoever for loss of, or damage to, such property or material unless: (i) the loss or damage is caused by the failure of the Bureau to exercise due care and skill; (ii) otherwise agreed by the Bureau in writing. (b) Unless otherwise agreed in writing by the Bureau, the Bureau accepts no responsibility for the insurance of such property or material. In the event of the Bureau agreeing in writing to insure such property or material, the cost of insurance premiums shall be charged to the customer. (c) In the case of property and materials left with the Bureau without specific instructions, the Bureau shall be free to dispose of them at the end of twelve (12) months after his receiving them and to accept and retain the proceeds, if any, to cover his own costs in holding and handling them. (d) Where materials or equipment are supplied or specified by the customer the Bureau accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment. (e) An extra charge may be made by the Bureau for handling or storing property or material supplied by, or on behalf of, the customer. (f) Any change or correction of any Film, Bromides, Artwork and/or any Printing surface supplied by the customer, necessary to ensure properly finished work, shall be paid for by the customer.
21. OWNERSHIP OF DRAWINGS - (a) Drawings, sketches, paintings, photographs, designs or typesetting furnished by the Bureau, dummies, models or the like devices made or procured and manipulated by the Bureau and negatives, positives, blocks, engraving stencils, dies, plates or cylinders made from the Bureauís original design, or from a design furnished by the customer, remain the exclusive property of the Bureau. unless otherwise agreed upon in writing. (b) Sketches and dummies submitted by the Bureau on a speculative basis shall remain the property of the Bureau. They shall not be used for any other purpose other than nominated by the Bureau, and no ideas obtained therefrom may be used without the consent of the Bureau. The Bureau shall be entitled to compensation from the customer for any unauthorised use of such sketches and dummies.
22. TRANSFER OF OWNERSHIP - (a) Ownership of any goods delivered by the Bureau to the customer is only transferred when payment in full for the goods has been received by the Bureau. (b) Where the Bureau has not been paid in the manner specified herein and the Bureau delivers the goods to the customer then until disposed of by the customer in accordance with the provision of this clause the customer agrees with the Bureau to keep the goods as a trustee for the Bureau and is required to store the goods in a manner that clearly identifies them as the property of the Bureau. (c) Notwithstanding the provisions of the last two (2) preceding sub-clauses the customer may sell the goods to a third party in the ordinary course of business and deliver them to that party subject to the following conditions :- (i) Where the customer is paid by that party the customer holds the whole of the proceeds of sale on trust for the Bureau; and (ii) Where the customer is paid by that party the customer agrees at the option of the Bureau to assign his claim against that party to the Bureau upon the Bureau giving the customer notice in writing to that effect.
23. ELECTRONIC STORAGE - The customer shall have no right or title to data stored by the Bureau on disks or any other electronic form of storage, but after the Bureau agrees to duplicate that data, he shall have the right to charge for those services. Disks and tapes supplied by the customer and/or other authorised persons remain the property of the customer. Unless otherwise indicated in writing the Bureau shall assume these disks and tapes to be duplicate copies of the original.
These terms and conditions are to be read subject to mandatory provisions of legislation of the Commonwealth of Australia including the consumer protection provisions of the Trade Practices Act 1974 or of one or more of the States or Territories, which afford statutory rights to consumers. The invalidity of any clause, or part of a clause, shall not affect any other clause, or other part of the clause.
All quotations are given by the Company from its address on the Gold Coast. Acceptances of quotations are not valid until received by the Company on the Gold Coast and on receipt of the said acceptance a contract shall be deemed to be made on the Gold Coast and the said contract shall be interpreted according to the law of Queensland. All Court proceedings received out of the quotations and/or acceptances and/or contract shall be commenced and finalized in the appropriate Court in the State of Queensland and such appropriate Queensland Court shall have exclusive jurisdiction.