Terms & Conditions
(a) Estimates are based on current production costs and, unless otherwise agreed, are subject to amendment by Black Eye before or after acceptance of the quotation to meet any rise or fall in such costs between the date of quotation and the date of execution of the order.
(b) When quotations are based on specifications, roughs, layouts, samples or other copy, any extra costs incurred by the customer’s requirements being different from those originally submitted or described, or by the manuscript copy being under-prepared, may be charged to the customer.
(c) Acceptance of Black Eye’s quotation shall be an acceptance of these terms and conditions, notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the customer’s order, unless otherwise agreed by Black Eye in writing.
(d) Once accepted by the customer, Black Eye’s written quotation shall be deemed to interpret correctly the customer’s instructions, whether written or verbal. Where verbal instructions only are received from the customer, Black Eye shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.
2. Proofs and Author’s Corrections
Proofs of all work may be submitted for customer’s approval and Black Eye shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby, shall be charged as an extra.
All extra work caused by author’s corrections, including resetting and/or the over-running of composition shall be charged as an extra. When style, type or layout is left to Black Eye’s judgement, changes therefrom made by the customer shall be charged as an extra.
3. Outside Work
Where the fulfillment of any contract with the customer requires Black Eye to obtain goods or services from a third party, the contract between Black Eye and the customer shall incorporate and shall be subject to the conditions of supply of such goods and services to Black Eye, and the customer shall be liable for the cost in full of such goods and services.
(a) Upon notification to the customer that the work has been completed, the goods shall be at the customer’s risk.
(b) The customer shall be deemed to have accepted the goods if, within fourteen (14) days, or such other period as Black Eye may stipulate from time to time, of delivery in accordance with paragraph (a), the customer fails to take possession of the goods or notify Black Eye in writing that the goods have been rejected.
(c) Should expedited delivery be agreed, reasonable efforts should be made by Black Eye to secure freedom from defects, but Black Eye shall not accept responsibility for defects (except those caused by lack of due care and skill in such circumstances). An extra charge may be made to cover any overtime or other additional cost incurred as a result of the requirement of such early delivery.
(d) Every endeavour will be made to deliver the correct quantity ordered, but estimates and/or orders are conditional upon a margin of 10%, irrespective of numbers of colours, being allowed for overs or shortages. Such overs shall be charged for and shortages deducted.
(e) Unless otherwise specified, the price quoted includes the cost of delivery of the goods to the customer’s premises, if situated within a radius of 16 kilometres of Black Eye’s premises. All quotations are based on continuous and uninterrupted delivery of complete orders, unless original specifications state otherwise.
(f) All claims including claims for non-delivery against Black Eye should be made in writing as soon as possible after the customer becomes aware of the claim.
(a) Payment shall become due upon delivery or upon notification to the customer that the work has been completed. Unless otherwise stated by Black Eye in writing payment shall be by nett monthly account and interest at the current bank overdraft rate will be charged on overdue accounts.
(b) In the case of the first transaction between the parties, the value of the order shall be paid on acceptance of the quotation unless otherwise stated in writing to Black Eye.
(c) After work has been in hand for one month, Black Eye shall be entitled to a progress payment amounting to 75% (or such other amount as Black Eye may stipulate from time to time) of the value of the work done.
(d) The suspension by the customer of any work, for any reason, for a period exceeding thirty (30) days shall entitle Black Eye to payment for work already carried out and any other additional costs.
(e) In the event that Black Eye is required to engage the service of any mercantile agency to effect collection of any amounts due to Black Eye then all collection expenses and associated charges shall be borne by the purchaser.
6. Suitability of Goods or Work
(a) Liability for breach of a condition or warranty implied into this contract by the Trade Practices Act 1974, other than a condition implied by Section 69 is limited to any one of the following, as determined by Black Eye:
(i) the supplying of the service again; or
(ii) the payment of the cost of having the services supplied again.
(b) Subject to the application of statutory warranties which cannot be excluded, no warranty shall be given that goods sold or work done will be reasonably fit for a purpose where that purpose is not made known either expressly or by implication.
(a) Except for the supply of goods for private or domestic use, Black Eye shall not be liable for indirect or consequential loss to the customer arising from third party claims occasioned by errors in carrying out the work, or delay in delivery.
(b) No warranty, other than statutory warranties, is given by the seller or responsibility accepted by him 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 the requirements of such legislation shall be the buyer’s sole responsibility.
8. Force Majeure
No responsibility shall be attached to Black Eye for an inability to procure necessary materials or articles, for loss or damage, and/or for cancellation or suspension of contracts and deliveries in the event of any strike, lockout, trade dispute, fire, tempest or force majeure, or any other cause beyond the control of Black Eye.
9. General Lien
Black Eye shall, in respect of all unpaid debts due from the customer, have a general lien on all goods and property in his hands and shall be entitled on the expiration of 14 days (or such other period as Black Eye may stipulate) notice to the customer to dispose of such goods or property as he thinks fit and to apply the proceeds towards such debts.
10. Material Supplied by Customer
(a) Customer’s property and any material supplied to Black Eye by, or on behalf of the customer, (including goods in transit), will be held at the customer’s risk, and Black Eye accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed by Black Eye in writing.
(b) Unless otherwise agreed in writing by Black Eye, Black Eye accepts no responsibility for the insurance of such property or material. In the event of Black Eye’s agreeing in writing to insure such property or material, the cost of insurance premiums shall be charged to the customer.
(d) In the case of property and materials left with Black Eye without specific instructions, Black Eye shall be free to dispose of them at the end of twelve months after his receiving them and to accept and retain the proceeds, if any, to cover his own costs in holding and handling them.
(e) Where materials or equipment are supplied by the customer, Black Eye accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment.
(f) An extra charge may be made by Black Eye for handling or storing property or material supplied by, or on behalf of, the customer.
11. Ownership of Preparatory Matter
(a) Blocks, engravings, stencils, dies, plates or cylinders made from Black Eye’s original design, or from a design furnished by the customer remain the exclusive property of Black Eye unless otherwise agreed to in writing.
(b) Conceptual mock-ups submitted by Black Eye on a speculative basis shall remain the property of Black Eye. They shall not be used for any purpose other than nominated by Black Eye and no ideas obtained therefrom may be used without the consent of Black Eye. Black Eye shall be entitled to compensation from the customer for any unauthorised use of such concepts.
12. Transfer of Ownership
Ownership of any goods delivered by Black Eye to the customer is only transferred when payment in full for the goods has been received by Black Eye. Normal copyright laws apply on all concepts created by Black Eye.
13. Electronic Storage
Data produced on behalf of the customer will be held in storage by Black Eye. The customer shall have the right or title to this data upon request and Black Eye shall have the right to charge a fee for the retrieval and supply of the data. Disks and tapes supplied by the customer and/or other authorised persons remain the property of the customer. Unless otherwise indicated in writing, Black Eye shall assume these disks and tapes to be duplicate copies of the original.
(a) Notwithstanding that Black Eye might agree in respect of any particular transaction, either expressly, or by implication, to waive any or more of these terms and conditions, such agreement shall in no way release the customer from any other obligation or requirement set out herein.
(b) These terms and conditions are to be read subject to mandatory provisions of legislation of the Commonwealth of Australia including the consumer protection provisions of the Trade Practices Act 1974 or of one or more of the States or Territories, which afford statutory rights to consumers. The invalidity of any clause, or part of a clause, shall not affect any other clause, or other part of the clause.