Terms and Conditions
For the purposes of this document ‘DLprinting’ shall mean ‘DLprinting.co.nz’ which is a wholly owned subsidery of ‘Outwest Productions Limited’.
1.1 Subject to paragraphs 1.2, 2, 3 and 4, all prices quoted are based on work specified from the website(or the verbal instructions given at time of order). Prices will be deemed accepted upon the Customer making an Order
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and are subject to amendment by DLprinting before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order, provided there is no unreasonable delay on the part of DLprinting.
2. Customers Instructions
2.1 DLprinting shall only be required to fulfil the instructions specified as per the inital discussion with the customer. The customer is responsible to provide written instructions or emailed instructions at the time of the inital discussion. DLprinting shall not be responsible for errors or omissions due to misinterpretation of verbal instructions.
2.2 The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).
3. Expedited Completion of Order
3.1 Customer acknowledges that a requirement for urgent completion of an Order increases the likelihood of defects. DLprinting will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of an Order.
3.2 The price will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
4. Outside Work
4.1 If DLprinting has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by DLprinting from a third party in order to carry out the customer’s instructions:
a) DLprinting will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or service.
b) DLprinting acquires these goods and/or services as agent for the customer and not as principal. It will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party supplier.
c) The customer must pay for such goods and/or services.
d) Any such goods are obtained on the basis that title in those goods passes to DLprinting when the goods are incorporated into the work done by DLprinting.
5. Suspension of Work
5.1 The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, entitles DLprinting to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
6.1 Orders cannot be cancelled except upon terms, which compensate DLprinting for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7.1 DLprinting shall notify the customer when the goods are ready for collection.
7.2 The customer must collect the goods from DLprinting’s premises upon being notified by DLprinting that the goods are ready for collection. If DLprinting agrees to deliver the goods, the customer shall bear all freight and charges of such delivery.
8.1 Once the work is completed DLprinting will invoice the customer for the quoted price plus any additional charges referred to above.
8.2 All Invoices shall be paid COD unless prior arrangements are agreed with DLprinting. Any credit arrangements will require an Account Application form to be completed and approved by DLprinting.
8.3 DLprinting will use its best endeavours to deliver the correct quantity ordered however quantities will at all times be considered estimates only and are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
8.4 DLprinting may at its option charge interest (at the rate of the Kiwibank on overdrafts not exceeding $100,000 plus 3%) on amounts not paid when due, such interest is to be calculated on a daily basis from the date any such amount should have been paid until the date of payment.
8.5 The customer must pay to DLprinting any costs, expenses or losses incurred by DLprinting as a result of the customer’s failure to pay DLprinting all sums outstanding from the customer to DLprinting (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
9. Warranties and Conditions
9.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by DLprinting are expressly excluded (unless such warranties cannot at law be excluded).
10.1 The risk in the goods passes to the customer at time of delivery if DLprinting delivers the goods to the customer’s premises. Otherwise, title passes at the time DLprinting notifies the customer that the goods are ready for collection.
10.2 DLprinting shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
10.3 DLprinting has no obligation to insure any property of the customer in DLprinting’s possession. The customer must pay the cost of any insurance arranged by DLprinting at the request of the customer.
10.4 If a customer leaves property in DLprinting’s possession without specific instructions as to what is to be done with it, DLprinting may, 12 months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
11.1 To the fullest extent permitted by law, except as provided herein, DLprinting shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or arising out of DLprinting’s negligence, or in any way whatsoever.
11.2 DLprinting acknowledges liability for implied warranties is hereby limited to:
1. In the case of goods, any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
d) The payment of the cost of having the goods repaired; or
2. In the case of services:
a) The supplying of the services again; or
b) The payment of the cost of having the services supplied again.
11.3 DLprinting will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to DLprinting or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of DLprinting to exercise due care and skill in handling or storing such property.
11.4 Force Majeure. DLprinting will not be liable for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond DLprinting’s reasonable control, including and without limiting the generality of the foregoing by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
11.5 Completion and or Delivery. The completion and or delivery terms are estimates only. DLprinting will not be liable for any loss, damage or delay suffered by the customer because of late completion of Order and or delivery; or non completion of Order or of non-delivery of goods or services.
12.1 The customer must inspect goods or services supplied by DLprinting within 14 days from delivery or otherwise, within 14 days of notification that the goods are ready for collection. Any claims against DLprinting must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
13. Non Payment
13.1 Until the customer has paid all sums outstanding for the goods supplied, title to the goods shall not pass from DLprinting to the customer.
13.2 If the customer has not paid all sums outstanding in relation to the goods, the customer must forthwith return the goods to DLprinting if so directed by DLprinting.
14.1 Copyright in all artistic and literary works authored by DLprinting shall remain the property of DLprinting unless there is a written agreement to the contrary.
14.2 The customer warrants to DLprinting, that the customer has copyright in or a licence to authorise DLprinting to reproduce all artistic and literary works supplied by the customer to DLprinting for the purpose of the Order. The Customer expressly authorises DLprinting to reproduce all and any of such works for the purposes of the Order.
14.3 The Customer indemnifies and agrees to keep DLprinting indemnified against all liability, losses or expenses incurred by DLprinting in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in materials supplied by the customer.
14.4 Conditional upon receipt of payment in full for the work performed by DLprinting, DLprinting grants to the customer a non-exclusive license to use the copyright in works created by DLprinting for the purposes of the Order.
15.1 The customer must keep confidential and must not (without DLprinting’s written consent) use any ideas, systems or processes communicated or made available by DLprinting to the customer.
16. Electronic Media
16.1 All Discs, tapes, compact discs or other media (other than the media supplied by the customer) used by DLprinting to store data for the purposes of completing the Order are the property of DLprinting. The customer cannot require DLprinting to supply to the customer any such data. DLprinting may charge the customer for supplying such data where it chooses to supply such data to the customer.
16.2 DLprinting will not be liable for storing any data on discs, tapes, compact discs or other media when the Order has been completed. If DLprinting agrees to store such data, DLprinting may charge the customer to do so.
17. Goods and Services Tax
17.1 The customer will be liable for any goods and services tax payable on the supply of goods and/or services by DLprinting to the customer.