Important Terms- Please Read
The following terms and conditions of use (the “Terms and Conditions”) govern your (“You”) use of the Specifier Web site (www.specifier.com.au).
By using the site (the “Site”), you accept and agree to be bound by the following terms ("Terms"). Blueprint Multi Media Pty Ltd reserves the right to change these Terms at any time, without notice, and you agree to be bound by such changes. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
This Site is made available for personal or non-commercial use only. You may not use the Specifier website to supply a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales. You also may not mirror the Specifier home page or results pages on your web site.
Your use of this Site does not create a licence or any other rights with respect to the trademarks, service marks, copyright, or any other intellectual property or proprietary rights in or on the Site.
Blueprint Multi Media may add to, remove or vary any information on this Site at any time.
You agree not to use any obscene, indecent, or offensive language or to place on the Site any material that is defamatory, abusive, harassing, or hateful.
Further, you may not place on the Site any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
Other than connecting to specifier.com.au 's servers by http requests using a Web browser, you may not attempt to gain access to the Site's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
This Site contains, among other things, information provided by third parties and links to third party web sites. Blueprint Multi Media and its respective contractors, make no representations about the accuracy, completeness, currency or suitability of the information or links provided on the Site. You agree that Blueprint Multi Media is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
The information is provided 'as is' without express or implied warranty. You use the information and links at your own risk. Blueprint Multi Media and its contractors take no responsibility for the content of Internet sites that link from, or to, this site. Except as set out below, Blueprint Multi Media and its contractors exclude: (a) warranties whether express, implied, statutory or otherwise, relating in any way to this Site or your use of this Site; and (b) liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from, or in connection with, any use of the information on, or accessed through, this Site for any reason whatsoever.
There may be technical inaccuracies, errors, programming bugs or computer viruses in this Site or its contents. Blueprint Multi Media assumes no responsibility and/or liability for any damages to or viruses that may infect your computer equipment or other property on account of or arising out of your use of or access to this website. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Blueprint Multi Media’s liability in any case shall, however, be limited to the greatest extent permitted by law.
If and to the extent permitted by the statute, however, Blueprint Multi Media and its contractors' liability for any breach of such term is limited to the re-supply of the information or links or associated services.
Third party links and advertising
The Site provides links to the sites of affiliated companies and certain other businesses.These websites do not form part of specifier.com.au and are not under the control of Blueprint Multi Media or its related bodies corporate.
Neither Blueprint Multi Media nor its related bodies corporate are responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Blueprint Multi Media does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Therefore, if you link to any such websites you leave specifier.com.au and do so entirely at your own risk.
Furthermore, if you contact a third party using functionality provided on specifier.com.au, including via e-mail, Blueprint Multi Media accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
At Blueprint Multi Media we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our websites or interacting with our email messages:
-If you’re making an online purchase from the Site and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window.
-Check that a locked padlock symbol appears at the foot of the browser in which you are entering your details.
-Be sure to double check the website address at the top of your browser.
-Be wary of opportunities that seem 'too good to be true' when interacting with the Site.
-Report any suspicious activity to us immediately.
-Keep your computer up to date with anti-virus, firewall software and the latest patches.
-Disregard and delete spam, chain and junk emails.
We are the copyright owner of the content and/or information on the Site. The material provided on specifier.com.au is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968) without the prior written approval of Blueprint Multi Media.
When you submit pictures and texts to the website for editorial or advertising purposes and the product or project is covered on the website, then you provide Blueprint Multi Media and its related entities the right to reproduce the said materials through the world wide web, email marketing, or on CD Rom; to prepare derivative works based on the original work; to distribute copies of the work and its derivatives to the public for sale, rental or lease, including the rights to publicly display the work in venues as it sees fit.
You may not use any part of the material on the Site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Blueprint Multi Media is the authorized user of the trademarks SPECIFIER, SPECIFIER AND YOUR BUILDING IS DONE.
You may not use, modify or permit the modification of the above trade marks without the prior written consent of Blueprint Multi Media. Blueprint Multi Media’s trademarks may not be used in connection with any product or service that is not Blueprint Multi Media’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Blueprint Multi Media.
All other trademarks not owned by Blueprint Multi Media or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blueprint Multi Media or its subsidiaries.
License to use the Site
Blueprint Multi Media grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Blueprint Multi Media.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Blueprint Multi Media. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blueprint Multi Media and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Blueprint Multi Media’s name or trademarks without the express written consent of Blueprint Multi Media. Any unauthorized use terminates the permission or license granted by Blueprint Multi Media.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of specifier.com.au so long as the link does not portray Blueprint Multi Media, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Blueprint Multi Media’s logo or other proprietary graphic or trademark as part of the link without express written permission.
Cookies are small pieces of data stored on the web browser on your computer. By using cookies, web sites can track information about visitors' use of the site and provide customized content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
When you visit specifier.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you do post content or submit material, and unless we indicate otherwise, you grant Blueprint Multi Media and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Blueprint Multi Media and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Blueprint Multi Media or its affiliates for all claims resulting from content you supply.
Blueprint Multi Media has the right but not the obligation to monitor and edit or remove any activity or content. Blueprint Multi Media takes no responsibility and assumes no liability for any content posted by you or any third party.
The site (excluding any linked third party sites) is controlled by Blueprint Multi Media. By accessing this site, you accept that any disputes about the Site or its Content are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (subject to the application of any principle of conflict of laws inconsistent with this requirement). The Site may be accessed throughout Australia and overseas. Blueprint Multi Media makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
You agree to indemnify Blueprint Multi Media and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
Blueprint Multi Media reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to comply with these additional rules.
Termination of access to the service
Blueprint Multi Media has the right to terminate your ability to access the Service, for any or no reason, without notice.
Every advertiser (“you”) who submits Artworks for advertising on our web site agrees to these terms and conditions. Your insertion order and these terms and conditions form the basis of a contract between you and Blueprint Multi Media for the provision of the advertising ordered by you.
Publication of Advertising
Subject to these Terms, Blueprint Multi Media will use its reasonable endeavours to publish advertising submitted by you (“Advertising”) in the format submitted by you and in accordance with your placement instructions.
You must promptly:
1. check proofs of Advertising provided to you; and
2. notify Blueprint Multi Media of any errors in the proofs or any published Advertising.
In the event of errors made by Blueprint Multi Media, any monies paid for advertising is non-refundable. Blueprint Multi Media at its sole discretion may provide credit advertising.
Failure to pay
If you fail to pay for the advertising services in accordance with your Insertion Order and these terms and conditions, or if you commit an act of bankruptcy or become insolvent then Blueprint Multi Media may cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published.
By submitting advertising material to Blueprint Multi Media or authorizing or approving the publication of advertising material by Blueprint Multi Media on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against Blueprint Multi Media.
Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe:
· the Trade Practices Act (Cth), the Fair Trading Acts of the relevant States of Australia or equivalent or to the sale of goods legislation;
· any copyright, trade mark, obligation of confidentiality or other proprietary rights;
· any law of defamation, or obscenity or anti-discrimination legislation;
· the Privacy Act (Cth); or
· any other law (including but not limited to any common law. Statute, delegated legislation, rule, ordinance of the Commonwealth or any State or Territory).
By submitting, authorising or approving material for publication by Blueprint Multi Media, you indemnify Blueprint Multi Media against all claims, demands, proceedings and other liability arising wholly and partially, directly or indirectly, from the publication of the advertising material.
Without limiting the generality of the above, you indemnify Blueprint Multi Media against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these terms and conditions and any negligent or unlawful act or omission by you in connection with the advertising.
Except for any warranty or representation made expressly in writing by Blueprint Multi Media, you acknowledge that you have not relied on any advice given or representation made by Blueprint Multi Media or on its behalf in connection with the advertising.
Blueprint Multi Media excludes all implied conditions and warranties from these terms and conditions, except any condition or warranty which cannot be excluded. Blueprint Multi Media has no liability in relation to any failure of telecommunication services or systems which affect our receipt of your advertisement.
Blueprint Multi Media limits its liability for:
· breach of any non-excluded condition (to the extent that liability for such breach can be limited); and
· any other error or omission in publishing caused by Blueprint Multi Media;
Subject to the above sub-clauses, Blueprint Multi Media excludes all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these terms and conditions and any advertisement published by Blueprint Multi Media, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, Blueprint Multi Media will not, in any circumstance be liable for any indirect or consequential losses, including loss or profits, loss of revenue and loss of business opportunity.
Right to Vary Format and Placement
Blueprint Multi Media reserves the right:
· to vary the placement of Advertising within a particular print title or Internet site; and
· to change the format of print Advertising (including but not limited to changing a format from colour to black and white).
· to sub-categorize its primary categories. If this occurs prior to the contract termination, Blueprint Multi Media will provide the advertiser who opted for bold listing, the possibility to choose the sub-category in which the advertiser wants to appear, and Blueprint Multi Media will automatically list the advertiser in a normal listing in every other sub-category created if the advertiser provides the product and/or services described in the sub-category.
Blueprint Multi Media will endeavour to notify you of any such changes. However, Blueprint Multi Media will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from Blueprint Multi Media’s failure to publish Advertising in accordance with your request.
These Terms cannot be varied except in writing by an authorised officer of Blueprint Multi Media. No purchase order or other document issued by you will vary these Terms. If you do not wish to be bound by the varied or amended terms and conditions you must give Blueprint Multi Media written notice before the expiration of 30 days prior of your contract
Blueprint Multi Media will not be liable for any delay or failure to publish Advertising caused by a factor outside Blueprint Multi Media's reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
These Terms are governed by the laws of the state of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of the relevant State.
This contract is an ongoing one, with the onus on the client to opt out at the end of each 12 month renewal period should you no longer wish to continue. A letter will be sent via email and post at this time, and if no response is received, the contract shall continue to operate for the next 12 months under the original agreement. The signee of the contract will be held personally responsible for this. Although due care and effort will be taken at all times to provide great coverage for clients, Specifier does not guarantee and is not to be held liable for lack of viewers, click throughs, low ranking search results etc.
The monies payable is for the amount of time spent on the website. In the case of a power or internet outage – when validated – time of an equivalent value on the specifier.com.au website is provided.
Submission of materials:
The submission of materials is entirely the responsibility of the client. This contract is an agreement for the time spent by Specifier, and not for the production of content. If no material is submitted, Specifier reserves the right to creat content and publish as seen fit. If no content is available, the company name, address, website and content details (when available) shall constitute the entirety of the content provided under this contract. Although Specifier will, when possible and specifically requested by clients, attempt to send through material for clients for approval prior to publishing. However, Specifier reserves the right to upload material onto the website without client permission. Any inaccuracies in information provided to Specifier is the responsibility of the client. Specifier remains the owner of all content produced and uploaded to the website.
All payment is to be made through credit card unless otherwise arranged and approved by Specifier.
Banner Advertising Terms:
Signing this contract means that the you have verified that the content and products to be featured and agree that any advertisements or material to be featured in them:
Specifier reserves the right to review, edit, refuse or disable any advertisements it deems inappropriate. Making sure that material complies with the mechanical specifications (sizing) to be provided is the responsibility of the client. Specifier will not be responsible for typos or errors in emails that were present in content received from clients.
Specifier guarantees that the email blasts will be sent to the emailing list weekly. Specifier will not be held responsible for emails that bounce, are blocked or for any other reason do not reach the inbox of subscribers. Although the emails have a high open rate, Specifier does not guarantee this nor does it guarantee click throughs. All the above terms listed under Banner Advertising Terms in regards to content also apply to the email blasts. The content sent to Specifier must comply with the terms listed above in the Banner Advertising Terms.
Governing Law of this contract:
The governing law of this contract is that of New South Wales and any breaches of contract or disputes arising as a result of this contract which cannot be settled out of court, are to be dealt with by the courts of New South Wales.
The "broker" is the agent, Architecture Navigator Pty Ltd (ACN 1059935573), who engages the services of the printer on behalf of the customer.
The "customer" is any person or company who has authorised the broker to engage the services of the printer.
The "printer" is the individual or company who is responsible for the publication, production and manufacture of any printed or electronic material, as supplied by the customer.
(a) The customer's property and all property and material supplied to the broker by or on behalf of the customer (including goods in transit) will be held at the customer's own risk. The broker accepts no liability whatsoever for loss of or damage to, nor for the insurance of, such property or material.
(b) Unless the customer proves gross negligence on the part of the broker, the risk and cost of all loss of, damage or spoilage to materials supplied by the customer must be borne by the customer.
(c) Where the customer supplies materials, adequate quantities must be supplied to cover spoilage.
(d) In the case of property and materials left with the broker without specific instructions, the broker is free to dispose of them at the end of twelve months after his receiving them.
Third Party Liability
(a) The printer is not liable for indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
(b) No warranty is given by the broker or responsibility accepted by the broker 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 such legislation is the sole responsibility of the customer.
(c)The broker accepts no responsibility nor shall it be liable for any loss and/or damage whatsoever caused directly and/or indirectly from any act or failure to act in any respect whatsoever by the broker, its employees, agents and/or contractors.
Any claims against the broker must be made in writing within fourteen (14) days of receipt of the goods by the customer. To the extent permitted by law, failure to notify the broker of any potential claim within the specified period will be taken to constitute a waiver of any such claim that could, but for this clause, have been made against the broker.
Acceptance of the broker's estimation is an acceptance of these terms and conditions notwithstanding any inconsistencies with terms and conditions contained in the customer's order unless otherwise expressly agreed by the broker in writing.
(a) After work has been in hand for one month, the printer is entitled to a progress payment amounting to seventy-five (75) percent of the value of the work done.
(b) Where according to the broker in its absolute discretion, substantial sums of money need to be paid out for materials (such as paper etc) in order to procure same prior to commencement of printing, then a progress payment amounting to the full amount of such moneys paid must be made (immediately on demand) by the customer.
Physical and/or Economic Loss or damage
(a) The broker will not be responsible or liable for any indirect or consequential delay, default, loss or damage (physical or economic) due to any of the following causes or due to any other cause beyond the control of the broker: strike, lockout, trade dispute, fire, tempest, shipping disaster, terrorist attack, breakdown, riot, theft, crime, civic disturbances, war, force majeure, legislation, the inability of the broker to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery work.
(b) The broker will not be liable for loss or damage caused by any of the foregoing causes, whether loss or damage is sustained on domestic or foreign land or water.
(a) The printer is not required to print any matter which in its opinion is or may be of an illegal or libellous nature, or which might involve any infringement of any third party rights, or which would otherwise involve any criminal or tortious liability of any kind.
(b) The broker will not be liable for any refusal by the printer to print any matter that either is, or is alleged to be, illegal, unlawful, libellous, in breach or infringement of any domestic, foreign or international government law or regulation of any kind, whether related to copyright, trademark, patent, design, or any other third party right whatsoever.
(c) In the event that any complaint, claim, action, proceedings or prosecution is brought or made against the printer and/or the broker in respect of any of the above matter, the customer agrees to indemnify the printer and/or the broker for any loss, damage, liability or penalty of any kind without enquiry or question and without exercising any right of set off counter claim or cross demand of any nature against the printer.
Payment of Goods and Services Tax
The client agrees to pay all goods and services tax, prior to the arrival of product at a domestic port.
Quality of Goods
(a) The broker is not responsible or liable for imperfect work caused by the errors of the printer, or defects in the materials or equipment used by the printer, subsequent to customer approval of final proofs.
(b) The broker is not liable for any indirect or consequential loss due to imperfect work of the printer.
All deposits are non-refundable.
All estimates for printing, where applicable, provide for one proof only, which will be supplied upon request. The customer will be charged extra for any additional copies. The broker accepts no responsibility or liability for errors in proofs passed by the customer. Any proof, sample, dummy, etc. returned to the broker not signed and dated will be deemed to be correct as it is, and will be proceeded with at the customer's own risk.
Every endeavour will be made to deliver the correct quantity ordered, but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of ten (10) percent (in multi-colour work fifteen percent) being allowed for overs or shortages which will be charged for or deducted from the amount owing by the customer in relation to the goods at the relevant run-on rate.
(a) All prices estimated by the broker are estimates only and are valid for 30 days from the date of the estimation or such other period that the broker in its absolute discretion determines. Estimates are based on the current cost of production and are subject to amendment by the broker before or after acceptance of the estimation to meet any cost variation or general price change between the date of estimation and the date of execution of the order.
(b) When estimates are based on specifications, in whatever form, any extra work or cost caused by any variation by the customer of his original instructions or by the manuscript copy being poorly prepared or by the customer's requirements being different from those originally submitted or described, may be invoiced to the customer. The broker reserves the right to charge a paper handling fee at its discretion.
(c) Where more than one good or service is to be provided by the broker, the estimated price is a composite of price comprising of estimates from other divisions or related parties of the printer or from third parties. Separate contracts shall exist for each good or service provided by the printer who is not required to separately itemize the estimate for each component.
Sales Tax Act/Customs Act
The broker is entitled to charge the customer the correct amount of sales tax whether or not the amount was included in the estimation. It is the customer's obligation to supply evidence of sales tax or customs duty exemption, where applicable. The customer indemnifies the printer for any breach, irrespective of fault, of the Sales Tax Act or the Customs Act, including any financial loss arising from the imposition of penalties.
Legal Status of Customer
To the extent permitted by law, the broker may in its absolute discretion determine the legal status of the entity being invoiced. The benefits and right of subsequent resale/service contracts between the customer and other third parties are hereby expressly assigned by the customer to the broker at the broker's option, insofar as the broker's determination is consistent with that assignment.
When the goods have been completed and are ready for delivery (the "Completion Date") and notwithstanding that the customer may not have possession of the goods: (a) risk in the goods passes immediately to the customer; and (b) amounts owing in respect of the goods become payable in accordance with clause, entitled "Payment and Interest on Overdue Accounts" below.
Unless otherwise specified the price estimated covers delivery to the customer's premises if situated within a radius of 16 kilometres from the broker's establishment and is are based on continuous and uninterrupted delivery of complete orders. The customer will be deemed to have accepted the goods on delivery or if the customer fails to take possession of the gods within 14 days of the Completion Date.
Payment and Interest on Overdue Accounts
Unless granted credit terms by the printer in writing ("the credit terms"), the customer must pay the cash value of the order on the date of lodgement of the order. In all other cases, the invoiced amount becomes payable in accordance with the credit terms unless the customer's credit limit is exceeded in which case the excess amount becomes immediately payable and the balance of the invoice is payable with the agreed credit period. Interest will be charged on overdue accounts, from the date on which the default occurs, at the rate of two percent (2%) above the prime lending rate of the Westpac Banking Corporation as published the Australian Financial Review on that day. The customer agrees that, in the event of a default, any monies expended by way of any recovery action, including legal costs on a solicitor/client basis, shall become part of the Principal Debt and that the customer shall bear the liability for its payment to the printer.
Non Payment and Retention of Ownership
Until the customer has paid all sums outstanding in relation to the goods:
(a) Property in the goods does not pass from the broker to the customer.
(b) If the goods are in the customer's possession, the customer holds the goods as trustee for the broker and must store the goods so that they are clearly identifiable as the property of the broker.
(c) The broker may call for and recover possession of the goods (for which purposes the broker's employees or agents may enter the customer's premises and take possession of the goods without liability to the customer) and the customer must deliver the goods to the broker if so directed by the broker.
(d) The customer may in the ordinary course of the customer's business, sell the goods to a third party but the proceeds of sale to the third party are held by the customer as trustee for the broker and the customer must account to the broker for those sums and if the broker requires, the customer must assign to the broker the customer's claim against the third party and must execute all documents necessary to effect that assignment. The broker reserves the right to assign this debt and any unpaid debts owed to the broker by the customer to any associated or related entity and if that entity has a valid and enforceable security [against the third party or the customer], that security may be enforced in part or total settlement of the relevant debt. Conversely, any security entered into in relation to this agreement between and the customer [or any third party] may be used at the broker's discretion for the satisfaction of any unpaid debts of the customer [or third party] assigned to the broker by any associated or related entity.
Once accepted by the customer, the broker's written estimation is deemed to interpret correctly the customer's instructions whether written or verbal. Where verbal instructions only are received from the customer, the broker is not responsible for errors or omissions due to oversight or misinterpretation of those instructions.
Should delivery of work be required sooner than the normal time requisite for its production reasonable efforts will be made by the broker to secure freedom from defects but the broker will not be responsible for defects caused as a result of the requirement for such early delivery.
Suspension of Work
The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days entitles the broker to payment in full for the portion of work completed including all materials specially ordered for that work and other additional costs, including storage.
Orders cannot be cancelled except upon terms which will fully compensate the broker for all work done and materials used or specially ordered, to the date of cancellation.
Suitability of Goods or Work
(a) No warranty is given by the broker that the goods sold or work done are or is suitable in size, shape, colour, capacity, quality or otherwise for the purpose for which goods are bought or the work is done and the broker is not liable for any damage resulting from the unsuitability of the goods or the work, for any purpose for which the same may be used.
(b) The strength of binding varies with quality and absorption values of the paper used. No guarantee is given by the broker in relation to the life of this style of binding.
(c) Colour matching of proofs is subject to individual interpretation, differences in proofing stock to printing stock, and differences inherent in printing reproduction methods.
(d) To the extent permitted by law, liability for breach of a condition or warranty implied in this contract by the Trade Practices Act 1974 other than a condition implied by Section 69 is limited to either the replacement of the goods, the supply of equivalent goods or to the repair of goods as determined by the printer.
International Currency Fluctuations
(a) If currency fluctuations in the domestic or international market cause an increase in the cost of production, the customer is responsible for the payment of the difference between the increased price and the original amount owing, as indicated on the customer's tax invoice.
(b) If currency fluctuations in the domestic or international market cause a decrease in the cost of production, the customer has no right to any discount on the original amount owing, as indicated on the customer's tax invoice.
(c) The broker has the right to retain any additional profits made in the event of currency fluctuations operating in its favour.
(d) The broker also has the right of lien over any supplied materials and/or product whatsoever until the customer ensures that payment of the amount owing (including any additional cost, caused by currency fluctuations) has been made.
(e) The customer agrees to pay any storage charges, which are caused by any action or inaction on the customer's part, to delay payment to the broker. After giving fourteen (14) days notice to the customer, the broker may, in its absolute discretion, use or apply or dispose of the supplied material and/or product in order to reduce any debt due to the broker or apply the property to compensate for damage caused to the printer as a direct and/or indirect result of an action or inaction of the customer.
At the discretion of the broker, all plates, type, cutting forms and other surfaces may be cleaned and/or broken up immediately on completion of work unless otherwise agreed by the broker in writing. All matter kept standing by the broker remains the absolute property of the broker.
Ownership of Prepress items
(a) The broker agrees to sell and the customer agrees to buy artwork, drawings, sketches, photographs, designs, negatives and positives, software, data files, graphic film or typesetting furnished by the printer dummies, models, or like devices made or procured and manipulated by the printer ("Prespress Items"). These prepress items will be sold separately from and prior to any printing that may be produced for these prepress items.
(b) The prepress items will be kept on the broker's premises at the customer's risk and the broker accepts no liability whatsoever for the loss or damage to such items. The broker is entitled to retain possession of the prepress items until payment in full is received by the broker for all debts owed by the customer to the printer.
(c) Sketches and dummies submitted by the broker on a speculative basis remain the property of the broker. These items must not be used for any purpose other than that nominated by the broker and no idea obtained therefrom may be used without the prior written consent of the broker. The broker is entitled to full compensation from the customer for any unauthorised use of these items.
Unless the broker and the customer agree otherwise, the copyright in all works of art created by the broker is the property of the broker. Further, the customer warrants that the customer has copyright in all works of art supplied by the customer to the broker for the purposes of the order and indemnifies the broker against all liability, losses or expenses incurred by the broker in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright.
The customer must keep confidential and not use any ideas communicated by the broker to the customer without the broker's written consent.
Unless otherwise stated in writing by the broker, estimations do not allow for the cost of obtaining film separations, which cost must be borne by the customer. Further, charges for all work not specifically allowed for in the estimation (including author's corrections) must be borne by the customer.
Where the performance of any contract with the customer requires the broker to obtain goods or services from a third party, the broker will act as agent for the customer in relation to the purchase of those goods or services, unless otherwise specified. The contract between the broker and the customer incorporates, and is subject to, the conditions of supply of such goods and services to the broker by the third party, and the customer shall be liable for the cost in full of such goods or services.
Imprints or any legal obligations required to appear on any printed material are the responsibility of the customer. The broker reserves the right to place its imprint on all printed material unless specifically requested otherwise.
The broker may, at its sole discretion, terminate a contract for the production of a periodical publication forthwith should any amount owing remains unpaid for a period of fourteen (14) days. The broker may also, at its sole discretion, invoice the customer for all work done, materials used or specifically ordered (including, but not limited to, unused paper stocks) to the date of termination.
The customer has no right or title to data stored by the broker and/or printer on disks or any other electronic form of storage, but after the broker agrees to duplicate or transfer stored electronic or like media for use by a customer or other parties authorised to obtain that data, he has the right to charge the customer for those services. Unless otherwise indicated in writing, the broker will assume that disks and tapes supplied by the customer and/or other authorised persons are duplicate copies of the original.
Any packing of goods, other than the broker's normal, commercially acceptable packing, required by a customer, will be charged as an extra, unless expressly stated in writing on the broker's accepted estimation.
(a) This agreement is to be governed by the Laws of New South Wales and that, if any dispute or difference whatsoever arises between the parties with respect to, or arising out, of this agreement or any part of it, the broker may refer any such dispute to the arbitration of a single arbitrator, who must be a person approved by the Australian Institute of Arbitrators.
(b) the customer is not entitled to commence or maintain any proceedings in any Court with respect to such dispute or difference unless and until the arbitrator has published his final reward.
(c) The arbitrator has all the powers and discretion conferred by the Commercial Arbitration Act 1984 and by law, and may in his discretion determine any additional dispute or difference that may be raised by either party by way of further claim, set off, defence or cross-claim, subject to any conditions as to costs or otherwise that he may impose.
If any invoice or any other claim remains unpaid by the customer for a period in excess of seven (7) days, a default will have occurred, and the broker has the following rights:
(a) to create a charge over the property of the directors or over the assets of the company invoiced;
(b) if any individual is invoiced, create a charge over the individual's property;
(c) if a registered business name is invoiced, create a charge over the individual and/or company trading under the business name and/or directors of the company, for the total amount due and owing on the invoice, and/or any other moneys owed to the broker. For the purposes of the rights conferred herein, the customer irrevocably appoints the broker to be its Attorney immediately on, or at any time after, the customer defaults, to exercise in the name of the customer all rights, powers and remedies of the broker, expressed or implied herein, and to do all things required to be done by the customer, and to execute all documents and to do all things necessary in regard to such matters.
These terms and conditions are to be read subject to mandatory provisions of legislation of the Commonwealth of Australia, or of one or more of the States, inso far as such provisions are applicable to the State in which the broker's premises are located. The invalidity of any clause or part of a clause does not affect any other clause or other part of the clause.