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Terms and Conditions

09/12/09
Subject to revision without notice

1.0 Definitions/Interpretation in These Conditions

Company: Means CAD To Print of North Perth, Western Australia.
Customer: Means the person or business that orders the supply of services or goods from the company.
Conditions: Means these terms and conditions of sale and includes any special terms and conditions agreed in writing between the customer and the company.
Contract: Means any contract between the customer and the company for the sale and purchase of goods.
Goods: Means the prints or the product result of the services given to the data sent by the customer.
Services: Means the services rendered by the company and the processing and materials used in those services.
Invoice: Means a bill issued by the company who has provided goods and/or services to a customer.
Data: Means the data files sent by the customer. It can be supplied in magnetic or laser form on disc or sent by telecommunication, either directly or indirectly via a third-party service provider.
Price List: Means the company�s price list provided by the company and revised from time to time.
Prices: Means the prices in the price list shall apply unless varied in writing. The customer acknowledges having viewed a copy of the price list prior to placing an order.
Order: Means an order by a customer for services or goods from the company, discounted rates for multiple copies/prints are based on a single order placed at the same time. Includes any verbal orders which are confirmed by email by the company.
Originals: Means original documents in hard copy form e.g. plans and drawings in the company�s care and specifically excludes digital documents.
Digital Documents: Means documents, drawings etc supplied to the company in digital or electronic format.

2.0 Data Provided to the Company

2.1) The Customer shall be responsible for ensuring the accuracy of any Order submitted by the Customer and for giving the Company any necessary information relating to the Contract.
2.2) The Company shall not in any way become liable for incorrect Data if caused by the Customer's failure to present the Data in the manner specified by the Company on or before accepting the Order. If such a situation arises and results in the Company having to repeat the output of the Data the Company shall make additional charges based on the rates specified in the Price List.
2.3) The Customer must be responsible for keeping a back-up copy of all Data provided to the Company and the Company shall not be responsible for any loss, direct or indirect as a result of failure by the Customer to keep a back-up copy.
2.4) The Customer shall follow the guidelines laid down by the Company, in relation to the presentation of the Data, whether it is supplied electronically or by hard copy.

3.0 Despatch

3.1) The despatch of Goods will take place once confirmation has been made that the Invoice has been paid in full.
3.2) The time of despatch of goods by the Company shall not be of the essence of any Contract.
3.3) The Customer shall pay despatch charges as specified in the Invoice.
3.4) The Company shall make every effort to meet despatch schedules given by the Company, such schedules are to be treated as estimates and are subject to extension to cover delays caused by events beyond the Company's control. Black and white copies and colour copies will be dispatched on the same day as Ordering.

4.0 Delivery

4.1) The Company will not be responsible for late delivery, damage to the Goods, or lost Goods once the Goods leave the Company�s premises.
4.2) The Company shall not be liable where any Goods are lost or damaged in transit and all claims by the Customer shall be made against the carrier. Replacements for such lost or damaged Goods will, if available, be supplied by the Company at the price according to the latest price list.
4.3) Any dates quoted by the Company for the delivery of the Goods are approximate only and shall not form part of the Contract.
4.4) The Company shall in no circumstances be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of the Goods.
4.5) The Company shall deliver the Goods to any premises (whether in Australia or in any other country) notified to the Company by the Customer.
4.6) Goods delivered to the Customer shall be deemed accepted by the Customer and the Customer shall inspect the Goods immediately upon delivery and in all cases shall inform the Company in writing within 1 day of delivery of any damage, shortages or non delivery of the Goods.
4.7) Where the Goods are delivered by installments by instruction by the Customer, each delivery shall constitute a separate Contract and failure by the Company to deliver one or more of the installments in accordance with these Conditions or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the Contract as repudiated.
4.8) If the Australia Post next day Express Delivery service is selected by the Customer as the postage option for their Order the Customer must check the Australia Post Network website to ensure their post code is included for the next day delivery service.

5.0 Payment /Prices

5.1) All work carried out at the Customer's request, whether experimentally or otherwise shall be charged at the rates specified in the Price List other then free samples.
5.2) Payment should be made in full by cash, cheque, card payment or bank transfer once the Invoice has been received by the Customer unless alternate arrangements are made in advance. Where arrangements are made to pay for the Order on delivery or collection, these sales must be paid for in full before handover of the Goods. The Company reserves the right to charge interest on unpaid Invoices at the rate of 2% per month for each month beyond the l0th day of the month following the date of Invoice.
5.3) The time of payment of any Invoice shall be of the essence of the Contract and receipts for payment shall be issued to the Customer only upon request.
5.4) The Customer shall not be entitled, for any reason, to withhold or set-off payment of any Invoice or make any deduction or counterclaim. The Company may at its discretion suspend or terminate the supply of any Goods if the Customer fails to make any payment.
5.5) The Price for the Goods excludes packing, insurance and carriage. VAT and other taxes or duties not applicable. The Price Invoiced is calculated in respect of the quantity of Goods actually delivered and according to the Price List.
5.6) The Price for postage, insurance and carriage is charged at the carries rates detailed in the Invoice.
5.7) Where Customers require short delivery times that require work outside normal business hours, surcharges may be raised.
5.8) All Prices stated in the Price List or other documentation issued by the Company from time to time in whatever form and on whatever media may be altered by the Company at any time without giving notice to the Customer.

6.0 Precision of Work

6.1) Although the Company will make every reasonable effort to ensure accuracy, the Customer accepts responsibility for checking immediately upon receipt that the work returned from the Company is in accordance with the Customer's specifications. It is the Customer's responsibility to arrange such checks in the event of the work being despatched to another address as instructed by the Customer.
6.2) The quality of any prints we produce is completely dependent upon the quality of the original document be it hard copy or a digital file. We will do our best to produce the best quality print from the documents supplied, but cannot be held responsible if the quality is found to be unacceptable due a poor original source.
6.3) The success of colour reproduction is dependent on the complexity of the image, the number of colours, and the presence of colour gradients. Note also that the colours you see on the printed documents may vary considerably from those seen using a digital camera, computer or other imaging device.
6.4) The size of the printed copy is determined by the instructions provided with the original documents (either through email, written instructions, telephone or otherwise). Documents required to fit a specific paper size may not retain the original proportions.
6.5) The Company shall not be held responsible for any errors of accuracy notified to the Company at any stage after acceptance of the work by the Customer. A Customer shall be deemed to have accepted Goods or Services if the Customer fails to notify the Company of any inaccuracies or faults within 1 working day after they are supplied to the Customer.
6.6) If a sample of the Goods Ordered is provided to the Customer by the Company and accepted by the Customer the Company shall not be liable for any variations to the Customers specifications thereafter if the manufacture of the Goods has commenced.

7.0 Defamatory or Legal Matter

7.1) When Data has been to our servers, e.g. by e-mail, you agree that: (a) the Data will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any Data; (c) you agree not to take action against us in relation to Data that you submit and you agree to indemnify us in relation to the Data you submit.
7.2)  Digital Data: it is the responsibility of the Customer to ensure that an adequate backup is maintained by the Customer, and no claim for loss of digital information will be entertained.
7.3) The Customer shall indemnify the Company in respect of any claims, costs, damages or expenses arising out of any defamatory matter or any infringement of copyright, patent, trademark or registered design contained in any Data processed for the Customer.
7.4)  The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any failure to perform, or delay in performing any of the Company's obligations in relation to the Goods if the delay or failure is beyond the Company's reasonable control: (a) Act of God. explosion. flood. tempest, fire or accident. war or threat of war, sabotage, insurrection. civil disturbance or requisition, acts, restrictions, regulations. bye-laws, prohibitions or measures of any kind by local authority. government or parliament: (b) import or export regulations or embargoes, strikes. lock-outs or other industrial actions or trade disputes whether involving employees of the Company or of a third party: (c) difficulties in obtaining raw materials, labour (including ill health of employees), fuel, parts or machinery; power failure or machinery breakdown.
7.5) Any claim that any Goods have been delivered damaged, or not of the correct quantity or do not comply with their description shall be notified by the Customer to the Company within 24 hours of their delivery.

8.0 Quotation

8.1) Quotations and Price lists issued by the Company unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation.
8.2) All quotations are subject to revision on sight of Data and Originals provided by the Customer.

9.0 Confidentiality/Privacy

9.1) The Company shall not at any time whether before or after the termination of the Contract divulge or use any unpublished technical information deriving from the Customer or any other confidential information in relation to the Customer's affairs or business or method of carrying on business.
9.2) The Company are the sole owner of the Data collected on this site. The Company will not sell, share or rent this Data.

10 Cancellation and Returns Policy

10.1) Orders for Goods which are made by the Customer will be charged in full unless written notice of cancellation is received know later than 48 Hours before the expected delivery date.
10.2) No Order which has been accepted by the Company in accordance with the provisions of these Conditions may be cancelled by the Customer except with the agreement in writing of an authorised representative of the Company and on the terms that the Customer may be required to indemnify the Company in full for any costs, damages, losses charges and expenses (including any loss of profit) incurred by the Company as a result of the cancellation. The Company may cancel delivery confirmed in writing to the Customer whereupon the Company refunds monies paid towards the Price. The Company will not be liable for any loss or damage arising from the cancellation.

11 Feedback and Complaints

11.1) The Company appreciates feedback in regards to its Services whatever they may be. Please use our contact page for more information.
11.2) Where a complaint has been made in respect of Goods alleged to be defective the Company may suspend further deliveries of any Goods under any Order which may have the same or similar alleged defects until such complaint or claim has been resolved. In such event the delivery dates may be affected.

12 Warranties and Liability

12.1) Subject as expressly provided for in these Conditions and except in cases where the Goods are sold to a person dealing as a consumer (as that term is defined in the Unfair Contract Terms Act 1977) all warranties, Conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.2) For the avoidance of doubt where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.
12.3) Except in respect of death or personal injury caused by the Company�s negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the Contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed one and a half times the price paid for the Goods in question by the Customer.
12.4) The amount charged for the Goods is calculated with reference to the exclusions and limitations on the Company�s liability under these Conditions and the Customer acknowledges that the Company would have been prepared to add a special condition to the despatch note extending the scope and/or agreeing a higher limit in respect of its liability regarding the Goods subject to the cost of the Goods being increased to take account of the Company�s costs in obtaining specific insurance cover for the increased scope and/or amount of its liability to the Customer.

13 Indemnity

13.1) The Customer undertakes to the Company that it will immediately indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the Customer of any terms of the Contract.

14 Export or Import Licences

14.1) The Customer shall be responsible for obtaining all licences for the export or import of the Goods and for obtaining any other licences required for the delivery or sale of the Goods in the country of destination.

15 General

15.1) No waiver by the Company of any breach of Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions of these Conditions.
15.2) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
15.3) All notices served under these Conditions shall be in writing and shall be sent to the address of the recipient set out in the Invoice (or to any later address in Australia notified for that purpose) and all notices delivered personally or sent by express mail prepaid letter or by facsimile transmission shall be deemed to have been served:
15.3.1) Immediately if they were sent by facsimile; and
15.3.2) On the second Business Day after posting if served by first class post; and
15.3.3) By delivery of the notice through the letter box of the party to be served and shall be treated and served on the first Business Day after delivery. 15.4) The Company reserves the right to amend these Conditions in respect of any promotion, offer or the like made or issued by the Company from time to time in relation to the Goods.
15.5) These Conditions shall be governed by and construed in accordance with the laws of Australia.