Vision Imagelab Terms & Conditions of Business
These Terms and Conditions (‘the terms’) govern every contract made between Vision Imagelab Pty Ltd (‘VIL’)for the supply of goods and services by VIL to any person, firm or company (‘the client’). The terms prevail over anywritten terms and conditions of the client. Any variation to the Terms must be agreed in writing by a Director orappointed representative of VIL. All contracts between VIL and the Client will be governed by NSW/Australian law and the parties agree to submit to the jurisdiction of the Australian Courts.
PRICE, PAYMENT & CREDIT
The client will pay to VIL the price relating to that particular service at the time the job was ordered from VIL. If the client’s order differs from the specification on which the original price was based, VIL reserves the right to vary thecost accordingly. VIL, reserves the right to charge a percentage (deposit) of any job value, prior to job commencement. VIL requires a firm deposit of 30% of the toal quoted price of any job over $150 (inc GST). Work on any job with a value of $1,000 or more will not be commenced until this deposit is received by VIL.
Account clients will pay VIL invoices within 30 days of the date of the invoice. VIL reserves the right to charge the client interest on overdue invoices at a rate up to 3% per annum above the base rate of The Reserve Bank from the due date of the invoice to the date of payment.
VIL may at any time alter or suspend credit terms, refuse any delivery or cancel unfilled orders when, in its opinion, the financial condition of the client or the status of the client’s account requires it.
VIL reserves the right to cancel credit terms to any account that falls below an average spending of $75 per month (GST inclusive) over any 12 month period. VIL will impose a 10% surcharge on any invoice/statement that falls below $20 (GST inclusive) to cover postage and administrative costs,
The Client will pay to VIL any expenses incurred by VIL in connection with the recovery of outstanding invoices (including legal cost on an indemnity basis).
Credit card transactions fees apply. All cards accepted except Diners.
Orders must be given in writing and signed by a person authorised to do so by the client. Orders must bear the full name and contact details of the company and/or person placing the order, quote an order number, be legible and supplied prior to the commencement of any service or the provision of any goods. If held, an ABN must be noted on the order. If, not withstanding the previous clause, VIL is made to accept a verbal order from the Client, then VIL will not be responsible for any mistakes (made by either party) arising from the verbal order.
Unless VIL is given prior written notice by the client, the person placing or signing the order on behalf of the client will be deemed to be authorised to do so. VIL reserves the right to refuse to accept any order. VIL will not act on any order if there is any ambiguity or uncertainty over the instructions or the validity of that order.
All quotations given by VIL will be valid for 30 days from the date of the quotation. Quotations are only valid for the specific client to which they were issued. NB: Only written quotations supplied by VIL will be held at the price as quoted – verbal quotations will not be considered binding from any particular date. If the client’s order differs from the specification on which the quotation was based, then VIL reserves the right to vary the quotation (including the price). Service times which are quoted are target times only and VIL reserves the right to vary services times and accepts no liability for failure to comply with quoted service times.
Similarly, if an order varies from that which was originally given, service times will be most likely be affected and VIL accepts no liability for any loss (actual or consequential) arising from the change in service times.
DELIVERIES & COLLECTIONS
The Client may be asked to sign for delivered goods and VIL will not be held responsible for any losses arising from the delivery. At its own discretion, VIL reserves the right to cancel delivery of any goods if in its judgement, the safety and protection of the goods cannot be guaranteed. VIL will not leave any goods in an unsecured location unless specifically instructed to do so by the client. If this is the case, VIL will not be responsible for any loss or damage resulting from such action. Whilst VIL will make every effort to collect and deliver as quickly as possible, it will not be liable for any losses arising from delays in delivery or collection. VIL accepts no responsibility for goods/items lost or damaged from any night box receptacle, whether such a nightbox/receptacle belongs to VIL or the client.
IMAGE SIZES & PAPER SIZES
Some digital files, transparencies or negatives do not have the same proportions as certain paper sizes. If this is the case, the Client must inform VIL if they require the full image area (full frame) to be printed or whether VIL should crop the image to fill the paper. If no instructions are given and confirmation cannot be obtained from the Client, VIL will print the full image area (full frame) with a border. At its own discretion, VIL reserves the right to suspend the commencement of any job if clear instructions are not given or if in VIL opinion, there is some ambiguity over the order.
ASSESS & RUN OF PHOTOGRAPHIC FILM FOR PROCESSING.
VIL will, if requested, assess tests and run balances of film for the client, but will do solely at the Client’s own risk. VIL will not accept any liability for any loss or damage sustained by the Client as a result of ‘assess and run’ work, whether caused by the negligence of VIL, its employees, agents or otherwise.
If any items or materials deposited with VIL by the Client have not been collected by the Client within 12 months of completion of the work undertaken by VIL, then VIL may dispose of or destroy such items or materials. VIL will not accept any liability for any loss or damage sustained by the Client as a result of this course of action. If any unprocessed film belonging to the Client has not been collected by the Client within 3 months of the inception of the work undertaken by VIL, then VIL may dispose or destroy such film. Whilst VIL will make efforts to contact a Client regarding uncollected goods, VIL is under no obligation to succeed in informing the Client prior to or after disposal.
COPYRIGHT & MORAL RIGHTS
VIL will claim no copyright in material submitted to VIL by virtue of work undertaken by VIL on behalf of the Client. The Client warrants that the he/she/they owns or controls all rights or has obtained all copyright, moral rights, and similar permissions, consents and waivers as are now hereafter required for all copying, processing, printing, scanning and manipulation to be undertaken and the Client hereby irrevocably authorises VIL to do all such copying, processing or manipulation as is necessary in performing or ancillary to the services requested by the Client. The Client further warrants that no copyright or moral rights or any other rights of a similar nature now existent or hereafter created will be infringed, by virtue of anything done by on behalf of or at the request of the Client or at VIL premises or on equipment sold, supplied or hired by VIL to the Client, or access to which is provided by VIL to the client or to any party at the direction or request of the Client. The Client agrees to indemnify VIL against all losses, damages, claims or expenses (including legal costs on an indemnity basis) which VIL may reasonably incur by virtue of any breach of the above warranties or in the event of any claim (whether or not proceedings are issued) by any party against VIL or its employees (whether permanent or temporary) that any copyright or moral rights or any similar rights have been infringed by VIL or its employees or that VIL have induced, encouraged, authorised or otherwise been associated with such infringement by virtue of anything done by, on behalf of or at the request of the Client. The client warrants that all film, negatives, digital media, and electronic files deposited with or sent to VIL does not contain any material which is defamatory, blasphemous, obscene or intrusive.
The Client must notify VIL in writing of any claim concerning any invoice of VIL within 30 days of the date of the invoice. VIL will not be liable in respect of any claim notified after such time. VIL liability to the client or any other party for the loss (including theft) or destruction of or damage to any film or negatives, digital media or other material belonging to the Client or any other party which are deposited with VIL for processing, whether caused by the negligence of VIL, its employees or agents or otherwise will be limited to the replacement cost of the film negatives, digital media or other materials; and VIL will not be liable for the cost of re-taking or reshooting the material contained in the film, negatives or other material. VIL will not be liable for any consequential loss or damage incurred by the client or any other party including loss of profit or income and It is the Client’s responsibility to insure against such loss and damage. VIL will not be liable for the loss or corruption of any digital information left or supplied to VIL by the Client. It is the responsibility of the Client to create and retain backups of all digital information supplied to VIL, whether such digital information be supplied on disk, digital memory card, portable hard drive or via electronic transmission.
Inkjet Prints – canvas prints produced on the Kodakl Encad using dye inks are not designed for long term display. The manufacturers suggest a life of two years without fading or colour change but this is subject to storage and/or display conditions. Liquid laminate can be applied to the canvas after printing and this will significantly inhibit the effect of uV rays. The Bulldog ultra laminate used by VIL is specifically designed for Inkjet canvas and is manufactured to optically block over 93% of uV light. It also has the advantages of being waterproof, abrasion resistant and flexible. VIL accepts no responsibility for changes in the image after delivery, as they have no control over display and storage conditions. VIL does offer alternative inkjet print services that guarantee print longevity and durability under correct storage and display conditions – see VIL for details. VIL will not be liable for any failure to perform any contract between VIL and the Client which is due to any circumstances beyond VIL’s control including (but not limited to): inability to secure labour, materials, supplies or transport, or scarcity of fuel, power or components (including computer software and hardware), or machine breakdown (including computer, server, ISP network), theft, vandalism, fire, storm, flood, act of God, war, civil disturbance, strikes, lock-outs, or industrial action (of any form).