INTRODUCTION
These terms and conditions (‘the terms’) govern every contract made between DPPP Pty Ltd for the supply of goods and services by DPPP Pty Ltd to any person, firm or company (‘the client”). DPPP Design Print & Prepress Pty Ltd is trading as DPPP Pty Ltd.
The terms prevail over any written Terms and conditions of the client.
Any variation to the Terms must be agreed in writing by a Director or appointed representative of DPPP Pty Ltd.
All contracts between DPPP Pty Ltd and the Client will be governed by Australian law and the parties agree to submit to the jurisdiction of the Australian Courts.
PRICE, PAYMENT & CREDIT
The client will pay to DPPP Pty Ltd the price set out in DPPP current prices, which DPPP can change at any time, plus GST if applicable.
ORDERS
Orders must be given in writing or by email and signed by a person authorised to do so by the client.
If, not withstanding previous clause, DPPP Pty Ltd accepts a verbal order from the Client then DPPP will not be responsible for any mistakes (made by either party) arising from the verbal order.
Unless DPPP 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. DPPP Pty Ltd reserves the right to refuse to accept any order.
QUOTATIONS
All quotations given by DPPP Pty Ltd will be valid for the number of days only, as shown from the date of the quotation, unless stated otherwise. We don’t do verbal quotes, and verbal quotations are not valid.
If the Client’s order differs from the specification on which the quotation was based, then DPPP reserves the right to vary the quotation (including the price). Service times which are quoted are target times only and DPPP reserves the right to vary services times and accepts no liability for failure to comply with quoted service times.
DELIVERIES & CONDITIONS
The Client may be asked to sign for delivered goods and DPPP Pty Ltd will not be held responsible for any losses arising from the delivery.
IMPOSITIONS / LAYOUTS
DPPP Pty Ltd will not be responsible in any way for the imposition of a job other than to replace the films or plates if it has been found that DPPP was at fault, fault being that DPPP did not follow the imposition/layout supplied in hard copy by the Client. If there is no supplied imposition from the Client or a verbal imposition is given, DPPP has no liability whatsoever.
BACKUP & RETRIEVALS
All material used by DPPP Pty Ltd are archived only for a limited period.
DPPP Pty Ltd is in no way responsible for damage, loss, fire or theft of the materials. The materials are held as a service to the client and is not available to any other persons. DPPP Pty Ltd at its discretion will charge a recall fee for any material retrieved for the client. The amount is to be agreed on by DPPP Pty Ltd and the Client.
The media used the store client information remains the property of DPPP Pty Ltd. As the content of the storage media is only a duplicate of the client’s file, the content remains the property of DPPP Pty Ltd and shall not knowingly in any way be passed on to any other persons. DPPP Pty Ltd will not be liable for any loss or theft of any information or media whatsoever.
Retrieval any data such as logos, photos or any other files from DPPP backup system will incur charges based on hourly rate.
ll materials and files used by DPPP Pty Ltd to produce print documents, advertising documents for our clients belongs to DPPP Pty Ltd. Should a client want to obtain artworks, and files linked and used within a specific artwork, DPPP Pty Ltd will charge a Retrieval Fee of $200.00 + GST per artwork, regardless of the file’s size or content, plus the hourly fee at the current rate to retrieve all the links from our back-up media, collect and save into a folder and this will be uploaded as a link to download. There will also be an additional uploading fee of $1.00 +GST per MB of upload.
UNCOLLECTED GOODS
If any items or materials deposited with DPPP Pty Ltd by the client have not been collected by the Client within 2 months of completion of the work undertaken by DPPP, then DPPP may dispose of or destroy such items or materials.
With the new printing technologies, we do not use films anymore and plates are used once only. If you need to reprint a job, we will need to redo a new set of plates. Plates are thrown away after printing as they cannot be used on another machine, neither on the same machine used to produce the printing run can will therefore never given back to the customers.
COPYRIGHT AND MORAL RIGHTS
DPPP Pty Ltd will claim no copyright in material submitted to DPPP by virtue of work undertaken by DPPP Pty Ltd on behalf of the client.
The client warrants that the Client 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 DPPP Pty Ltd 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 DPPP premises or on equipment sold, supplied or hired by DPPP Pty Ltd to the Client, or access to which is provided by DPPP Pty Ltd to the client or to any party at the direction or request of the Client.
The Client agrees to indemnify DPPP Pty Ltd against all losses, damages, claims or expenses (including legal costs on an indemnity basis) which DPPP Pty Ltd 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 DPPP Pty Ltd or its employees (whether permanent or temporary) that any copyright or moral rights or any similar rights have been infringed by DPPP Pty Ltd or its employees or that DPPP Pty Ltd 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 artworks, photos and digital media or other files deposited with DPPP Pty Ltd does not contain any material which is defamatory, blasphemous, illegal, obscene or intrusive.
LIABILITY
The Client must notify DPPP Pty Ltd in writing of any claim concerning any invoice of DPPP Pty Ltd within 7 days of the date of the invoice. DPPP Pty Ltd will not be liable in respect of any claim notified after such time.
DPPP Pty Ltd liability to the client or any other party for the loss (including theft) or destruction of or damage to any film, digital media or other material belonging to the Client or any party which are deposited with DPPP Pty Ltd for processing, whether caused by the negligence of DPPP, its employees or agents or otherwise will be limited to the replacement cost of the films or CD/DVD or if printed documents, to a reprint of the document as it should have been done at the first instance.
DPPP Pty Ltd will not be liable for the cost of re-making, re-taking or re-shooting the material contained in the films, disks or other material; and it is the Client’s responsibility to insure against such loss and damage.
Material produced by DPPP Pty Ltd, and used in any contract that is undertaken by the client, is deemed to have been checked and approved by the Client. There is no liability whatsoever to DPPP other than replacement cost of the films or other material produced by DPPP Pty Ltd.
DPPP Pty Ltd will not be liable for any failure to perform any contact between DPPP Pty Ltd and the Client which is due to any circumstances beyond DPPP’ control including (but not limited to); inability to secure labour, materials, supplies or transport; or scarcity of fuel, power or components; or machine breakdown or software corruption, theft, vandalism, fire, storm, flood, war, civil disturbance, strikes, terrorism, lock-outs, or industrial action (of any form).