Terms & Conditions
Terms & Terms & Conditions:
1. Price: Any specific design time will be charged out at the stated price plus GST. Additional time will be charged out at our current hourly rate. Cancelled orders will incur a minimum charge of $35 plus GST or the specific time rate per hour for design time spent plus materials cost, whichever is the greater. The reseller/client is also responsible for any freight and packaging costs. Please note, due to fluctuating stock or freight costs outside our control, prices are subject to change without prior notice.
2. Company Insignia: Cherish Design Ltd reserve the right to include a very small insignia on the back of any cards, as per the proof unless prior arrangement is made.
3. Proofs: Cherish Design Ltd shall not be liable for errors where a proof has been submitted and approved by the client. We shall not be liable for any indirect or consequential loss or damage to the client or for any loss to the client arising from third party claims arising from errors in carrying out the work.
4. Copyright: All artwork contained on the Inkprints site is Copyright of Cherish Design Ltd. Purchase of goods from the Inkprints site does not constitute a purchase of ownership or copyright in the artwork. Cherish Design Ltd will retain the legal right to pursue any breach or infringement of copyright whatsoever, including damages and associated costs. Furthermore, any photograph, picture, illustration, image or any other reproducible materials (“Material”) provided to Cherish Design Ltd by the client, the client confirms that they are the owner of the copyright or has express authorisation from the owner of the copyright in respect of any material supplied to the printer for the copying and/or incorporation of Material into the design work. The client also agrees to indemnify Cherish Design Ltd and its agents and representatives for any claims, costs, expenses or losses and damages it may suffer due to a claim from a third party including, without limitation, any claim that there has been an infringement of any copyright in the Material supplied to Cherish Design Ltd.
5. Colour Printing: The client acknowledges that colours may vary due to the printing process used. Therefore Cherish Design Ltd does not guarantee exact colour matches with regard to any Material supplied by the client or with previous orders.
6. Variations on quantity: Cherish Design Ltd’s aim is to provide the full quantity of a job requested. However, in some cases short supply may occur. In the event of this happening, at Cherish Design Ltd’s discretion, you will either be re-supplied with extra product or where it is not commercially viable to re-supply you, you will be offered a pro-rata discount.
7. Delivery: Freight costs are payable by the client in addition to printing costs. Cherish Design Ltd uses an overnight freight service to ensure quick, accurate delivery of your goods. Bulk or rural deliveries will be an extra 1-2 days over and above this. There is no packaging or freight charges for jobs picked up from our office. When guaranteed timeframes are required by the client, written approval to begin work is required.
8. Consumer Guarantees Act: i) Cherish Design Ltd acknowledges that if the client is not a consumer (as defined in the Consumer Guarantees Act 1993) ("Act") or if the goods are being purchased for business purposes (as provided in s43 of the Act), the terms and guarantees under the Act do not apply. ii) Nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the Act except to the extent permitted by the Act, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention. If the client does not fall within clause 8.1 above the provisions of the Act apply. iii) The client will indemnify Cherish Design Ltd for any liability that Cherish Design Ltd may incur which arises as a consequence of representations made by the client about any of the goods which are made otherwise than in accordance with Cherish Design Ltd's express specifications which accompanies the goods.
9. Remedies: Subject to clause 8.ii, if Cherish Design Ltd is under any liability to the client then whether such liability is in contract, tort or otherwise and notwithstanding any relief or remedy to which Cherish Design Ltd may be entitled to under the Contractual Remedies Act 1979 or at law or in equity, such liability shall be limited to the price at which the goods and services are supplied to the client or the actual loss or damage suffered by the client, whichever is the lesser. Under no circumstances will Cherish Design Ltd be liable for indirect or consequential loss of any kind whatsoever.
10. Disputes: i) The client must give Cherish Design Ltd notice in writing forthwith if the client disputes any invoice or is not satisfied with any printing job. The parties shall discuss the dispute in good faith and attempt to resolve the dispute within 20 days of the date of the client's notice. Cherish Design Ltd will have final say over whether a job is to be reprinted or refunded (in part or full). Pending resolution of the dispute the client shall forthwith pay that part of the invoice not in dispute. ii) Either party may refer any dispute between the parties to arbitration under the Arbitration Act 1996 or any Act passed in amendment thereof or in substitution thereof provided that any amount awarded if limited as set out in clause 9 above.
11. Waiver: No waiver or omission to act by Cherish Design Ltd at anytime shall effect or impair in the way or the rights of Cherish Design Ltd to avail itself of the remedies it may have.
12. Privacy Act 1993: i) The information contained in any application or order by the client is being collected by Cherish Design Ltd primarily for the purpose of communicating with the client and determining the credit worthiness of the client. The information collected will be used by Cherish Design Ltd or any third party nominated by Cherish Design Ltd for this purpose. Cherish Design Ltd shall hold the information collected and the client acknowledges the voluntary supply of the information. The client acknowledges that should the information requested by Cherish Design Ltd be withheld Cherish Design Ltd is entitled to reject any application or order by the client at Cherish Design Ltd's discretion. ii) Cherish Design Ltd acknowledges the client's right to access to and correction of the information collected concerning the client. iii) The client agrees that Cherish Design Ltd may obtain information about the client from any person (including any credit or debt collection agency) in the course of Cherish Design Ltd's business, including credit assessment, debt collecting and direct marketing activities, and the client consents to any person providing Cherish Design Ltd with such information. iv) The client agrees that Cherish Design Ltd may use any information it has about the client relating to the client's credit worthiness and give that information to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes. The client agrees that any other information collected by Cherish Design Ltd about the client may be used by Cherish Design Ltd in the course of its business. v) The client shall notify Cherish Design Ltd of any change in circumstances which may affect the accuracy of the information provided by the client to Cherish Design Ltd.
13. Partial Invalidity: If any part or all of a provision is held to be illegal or unenforceable for any reason, such illegality or unenforceability shall be applicable only to that part or all of the said provision or provisions, and the remainder of the said provision or provisions of these terms and conditions shall remain in full force and effect.
14. Entire Agreement: Unless expressly provided otherwise any agreement between Cherish Design Ltd and the client, these terms and conditions constitute the entire agreement, understanding and arrangements (expressed and implied) relating to the sale of goods from Cherish Design Ltd to the client and supersede and cancel any previous agreement, understanding and arrangement relating thereto whether written or oral.
15. Amendment: These terms and conditions may be amended by Cherish Design Ltd giving the client notice in writing of the amendment.
16. Limitation of Liability: i) If due to any event beyond our control including but not limited to war, national emergency, flood, fire, earthquake, cyclone or other natural catastrophe, import or export embargo, boycott, strike or lockout we fail to fulfil our obligations in the manner and within the time required by the terms of this agreement, we shall not held responsible for any loss or damage incurred by you as a result of such failure. ii) The client agrees to indemnify Cherish Design Ltd and its agents and representatives for any claims, costs, expenses or losses and damages it may suffer due to a claim from a third party including, without limitation, any claim that there has been an infringement of any copyright in the Material supplied to Cherish Design Ltd.
17. Return of goods: i) Subject to clause 8.ii, printed goods cannot be returned for credit or refund unless they are defective and/or the print work materially differs from that approved by the client when confirming the order. Any claims for credit or refund must be lodged in writing with Cherish Design Ltd within seven days of goods being received. ii) All jobs to be reprinted/redone must be returned before the replacement job is despatched.
18. Late delivery: Cherish Design Ltd will not accept liability for any loss sustained by its customers through late delivery from any cause whatsoever including negligence.
19. Ownership of goods: Ownership of goods hereby sold shall remain with Cherish Design Ltd until payment is received in full. At all times Cherish Design Ltd shall be entitled to recover from the customer the value of the goods (as invoiced) as a liquidated sum.
20. New Zealand Law: These terms and conditions are subject to New Zealand law. Any mediation or Court proceedings relating to these terms and conditions must be brought and heard in New Zealand.
CREDIT TERMS
The client must, subject to the other provisions of these terms and conditions, pay for the goods on delivery unless prior written arrangements have been made with Cherish Design Ltd ("the due date"), time being of the essence. Any moneys remaining outstanding after the due date has expired will be at the full price listed. Accounts/orders that still remain unpaid after receiving final notice of payment outstanding will be handed over to a debt collection agency. All costs incurred in the recovery of any overdue amount including debt recovery and/or collection, commissions, Court and legal fees will be payable in full by the client. Interest may also be charged on all overdue amounts at a rate of 2% per month. If the client owes money to Cherish Design Ltd under more than one invoice, or as director or manager under one or more companies, Cherish Design Ltd may allocate any payment received from the client to the payment or part payment of any outstanding invoice (not withstanding any instructions to the client to the contrary). If the client does not pay in full by the due date and without prejudice to Cherish Design Ltd(s) other rights and remedies: (a) Cherish Design Ltd may charge the client interest at the default rate on the amount outstanding from the due date until actual payment; and (b) Cherish Design Ltd will be entitled to treat the contract as having been cancelled by the client. All discounts cease to apply if all moneys due are not received by Cherish Design Ltd on the due date. Cherish Design Ltd may demand full payment of any moneys due at any time and without notice. Payment shall be immediately payable regardless of the terms of payment and Cherish Design Ltd may take immediate action to recover payment if the client is in default under any agreement with Cherish Design Ltd or commits an act of bankruptcy or goes into liquidation or receivership or enters into a creditor's composition or has its credit standing impaired in any way. Payment by cheque or other bill of exchange or a promissory note will not be deemed to be payment until actually honoured or cleared to the credit of Cherish Design Ltd, and until such time, shall not prejudice or affect Cherish Design Ltd's rights or powers or remedies against the client and/or the goods.