Terms of Trade - Anchor Press Limited

1.  Quotations

All quotations are based on printed, typewritten, electronic or other good copy acceptable to the supplier. Where the customer is supplying their own printing plates or any other item, they must be of an acceptable quality and quantity as determined by the supplier. The quotation is an interpretation of the customer's instructions, both written and verbal. Customers are therefore advised to carefully check quotations before accepting them.  For the purpose of these terms of trade "quotations" includes "estimates".

2. Acceptance

The quotation will lapse if not accepted within 30 days.

3. Taxation

All quotations are exclusive of GST unless shown as doing so. Cheque Duty will be charged separately on all cheque orders.

4.  Variations/Alterations

All quotations are based on the conditions and specifications in the quotation, (ink, paper, quantity, delivery etc.) and covers all work and materials required to complete the order. Any variation or alteration to the specifications, copy and/or layout supplied by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.

5. Errors and Omissions Excepted (E&OE)

Whilst all care has been taken in the preparation of this quotation, unintentional errors or omissions can sometimes occur.
Anchor Press reserves the right in such circumstances to withdraw the quotation, or submit a revision.

6.  Experimental and/or Creative Work

Experimental work, preliminary sketches, dummies and other creative work are chargeable by the supplier.

7.  Colour Proofs

There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The supplier will however use its best endeavours to provide a commercially acceptable finished product.

8.  Proof Approval

The supplier is not liable for errors or variations in the finished work where such errors or variations were contained within the file supplied by the client, or in the proof approved by the customer.

9.  Holding of Plant to Customer's Instructions

If any plant is set up to print or otherwise work on the customer's job or on goods being prepared for the customer and the progress or completion of the work is delayed by or on behalf of the customer the customer will pay the supplier's waiting charges for such plant. 

10.  Customer's Property

The supplier will take reasonable care of the customer's property but the risk shall be on the customer and the supplier shall not be responsible for any damage.  Unless it is otherwise agreed in writing the supplier will not be responsible for insurance cover.  Unless otherwise agreed in writing, the supplier may dispose of any materials held twelve months following the date of the invoice.

11. Printer's Speculative Work

Sketches, dummies and designs submitted by the printer on a speculative basis shall remain the printer's property and no use shall be made nor any idea obtained therefrom be used, without the agreement of the printer in writing.

12. Electronic Files, Artwork, Film and Printing Plates

Electronic Files: It is the customer's responsibility to retain a copy of any Image or file supplied, and to ensure that the data supplied is virus free.
The customer shall be liable for any damage caused to the supplier's network as a result of an undetected introduced virus. The supplier is not responsible for accidental damage to any material supplied. There will be a charge for opening any files supplied. Any additional translating, editing or programming needed to utilise those supplied files, will be charged.
Any copying of files will be charged. 
Artwork/Film: Any artwork (typesetting/illustration hard copy or electronic file) or film produced as part of the origination is owned by the customer once paid for. The supplier will store this material on behalf of the customer for a maximum of three years following the last print run. This material will be covered by the supplier's insurance. The supplier will dispose of that material, without reference to the customer, after three years.
Any copying of artwork or film will be charged. 
Printing Plates: At the discretion of the supplier, some printing plates will be stored. Generally, plates are disposed of by the supplier upon completion of orders. 
Recovery Fee: The supplier may charge a fee to cover the costs  associated with returning any material and/or files.

13.  Quantity

Over runs and under runs will not exceed 10 percent of the quantity ordered. The supplier will charge the actual quantity delivered within this tolerance.

14.  Delivery

Unless otherwise agreed delivery is at the supplier's factory door in a continuous uninterrupted delivery of the complete order.

15.  Termination or Suspension of Contract

Notwithstanding any other clause in this agreement, where a contract is suspended or cancelled by the customer, all work carried out and goods supplied by the supplier will be paid for by the customer forthwith on presentation of the invoice.  Contracts for the printing of periodicals may only be cancelled on the supplier receiving the agreed amount of notice in writing.  If there is no such agreement, the notice period shall be two months.  If work is suspended the customer will pay any additional costs or for any loss caused to the supplier by the suspension.

16. Claims

The customer is required to make a reasonable inspection of the goods within 10 days of receipt. Any complaint regarding finished goods must be received by the supplier within a reasonable time. What is a "reasonable time" will depend on the circumstances of each case.

17.  Illegal or Libellous Material

The supplier is not required to reproduce any material or produce any goods that are, in the suppliers opinion, illegal, objectionable, or libellous in nature or that is in breach of any copyright, patent, design or statute.
The supplier will be indemnified by the customer in respect of any and all damages claims, costs, and expenses (including actual legal costs and disbursements on a solicitor and own client basis) for which the supplier may be liable or which it may suffer arising out of any libel or breach of statute or infringement of copyright, patent or design which may arise out of or be associated with the goods provided by the supplier to the customer.

18.  Supplier's Liability

Where the customer is a company or a person acquiring or holding him or her self out as acquiring goods or services or both for the purposes of a business the Consumer Guarantees Act 1993 will not apply to the supply of goods under this agreement.  The supplier will not be liable for any indirect or consequential loss to the customer or to any third party arising from errors in the work or from delay in delivery.  No warranty is given or responsibility accepted by the supplier to ensure that finished or any goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods.  Compliance with any such legislation shall be the customer's responsibility.  No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier or suitable for any market requirement.
The supplier shall not be responsible for any delay, default, or consequential loss or damage due to any industrial disputes, accidents, natural disasters, acts of terrorism, equipment failure, mischievous damage or other cause beyond the supplier's control.

19.  Payment

Payment is due in full on or before the 20th of the month following delivery unless otherwise stated in these terms or in the supplier's invoice to the customer.  If invoices are not paid in full and on time the customer will pay collection and legal fees and such fees may include additional fees or commissions charged by debt collecting firms and actual legal costs and disbursements charged on a solicitor and own client basis. The supplier has the right to charge penalty interest on any unpaid amount, calculated at 1.5% per month on any unpaid amount from the due date until payment in full and such penalty interest shall continue to be payable after and notwithstanding any judgement obtained by the supplier against the customer.  If the supplier finds it necessary to sue the customer, service of any document will be deemed to be effected on the customer if that document is left at the address shown as the customer's business address or home address or registered address.

20. Security interest

The supplier retains a security interest in all goods supplied to the customer until the supplier receives payment in full of all sums owing by the customer under any contract for the supply of the goods.  The nature of the security interest is that the supplier retains title to the goods.  The security interest shall apply to 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.  
(a) The customer hereby waives the customer's right to receive a copy of the verification statement following registration of the supplier's security interest.
(b) The supplier may allocate any payment received from the customer against any debt owed by the customer in any manner that the supplier may decide, notwithstanding any purported allocation by the customer.
(c) If after due date the debt remains unpaid the supplier is entitled to enter the customer's premises and seize the goods unpaid for and to dispose of them as the supplier sees fit and to apply such proceeds towards the debt. The customer hereby irrevocably authorises the supplier or the supplier's agents to enter the premises of the customer to locate and seize the goods.
(d) If the supplier does not at any time have priority over all other secured parties in relation to any goods then pursuant to section 107(1) of the PPSA, for the purposes of dealing with those goods the parties contract out of sections 108 and 109 to the extent of deleting the words "with priority over all other secured parties" in sections 108 and 109(1) of the PPSA and the PPSA shall be read as if sections 108 and 109(1) did not have the words "with priority over all other secured parties".
(e) The customer agrees that none of sections 114(1)(a), 133 or 134 of the PPSA will apply to any dealings with the goods under this agreement.  The customer further waives their rights:
i   To receive a statement of account under section 116;
ii  To receive any part of the surplus under section 117(1)(c) or recover it under section 119 if the supplier has in good faith made any payment to any person under sections 117(1)(a) or 117(1)(b) to which it subsequently transpires that person was not entitled;
iii  To receive notice of any proposal of the supplier to retain goods under section 120(2);
iv   To object to the supplier's proposal to retain goods under section 121;
v    To make any claim for damages to any other goods if the supplier removes an accession under section 125;
vi   To be given notice of the removal of any accession under section 129;
vii  To apply to the Court for any order with respect to removal of an accession under section 131;
viii To redeem any goods under section 132;

21.  Dispute Resolution

The attention of the customer is drawn to the mediation facility offered by Printing Industries New Zealand Incorporated.
The law applicable to the supply of goods shall be the law of New Zealand and any disputes shall be adjudicated in the New Zealand courts.

Updated: 1 Oct 2010