Graphic design Terms of Trade of Bella Creative Limited
1. By contracting Bella Creative for work, you agree that you have read the terms and conditions.
Any changes to Terms and conditions must be recieved by Bella Creative in writing 14 days prior to work and must be signed by both parties.
2. Tax invoices will be issued shortly after the completion of an order. A monthly statement will be sent shortly after the close of the month.
3. Where Bella Creative designs any product, mechanism, website or graphic, the intellectual property rights for that product remain the property of Bella Creative unless agreed in writing that the rights should pass to the customer. All work completed by Bella Creative is subject to copy right and terms and conditions of trade. Reproduction or issue to third parties in any form what so ever is not permitted without authority from Bella Creative
4. Unless otherwise stated, quotations remain available for acceptance for 28 days from the date of the quote, after which a revised quotation may be required.
All quotations are exclusive of GST.
All quotations are based on the conditions and specifications in the quotation, and covers all work and materials required to complete the order. Any variation or alteration to the specifications, copy and/or layout by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.
5. Payments for tax invoices issued must be paid in full 7 days following the date of the invoice. Bella Creative reserves the right to impose a credit limit at any time.
Interest will be charged at a rate equal to the standard commercial overdraft rate applied by Bella Creative Limiteds bankers plus 2% on all amounts outstanding from the customer to Bella Creative Limited after the due date for payment for such amount or amounts.
Supply may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection and the customer is liable for any collection fees.
Cost of debt recovery -The costs of debt collection are payable by the customer and/or guarantors. The customer and guarantors agree to reimburse Bella Creative Limited for all costs reasonably incurred by Bella Creative Limited in recovering payments due from the customer and/or guarantors including but limited to legal costs assessed on a solicitor and client basis.
6. For large orders Bella Creative reserves the right to request a deposit before commencing the job.
7. Payment is payable by direct credit via Internet or Telephone banking. Bank account details for such payments are on the tax invoice.
8. Complaints regarding finished goods must be received by the supplier within a reasonable time in writing. What is a “reasonable time” will depend on the circumstances of each case.
9. Experimental and/or Creative work, preliminary sketches, dummies and other creative work will be charged for by the supplier.
10. Proof Approval – Bella Creative is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.
11. While any monies are outstanding by the customer to Bella Creative, the customer grants to Bella Creative the right to enter premises where goods are stored and remove them.
12. Termination of Contract -Where a contract is cancelled by the customer, all work properly done by the supplier will be paid for by the customer. Contracts for the printing of periodicals can only be cancelled on the supplier receiving the agreed amount of notice in writing.
13. Electronic Images and/or Files – It is the customers responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.
14. 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.
15. General Lien – The supplier has in respect of all unpaid debts, a general lien on all the goods in the supplier’s possession. If after 14 days written notice a debt remains unpaid the supplier is entitled to dispose of the goods as the supplier sees fit and apply such proceeds towards the debt.
16. Illegal or Libellous Material – The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or
design.
17. Supplier’s Liability – Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply. The supplier will not be liable for any indirect or consequential loss to the customer arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by the supplier 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 any such legislation is the customers responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier. The supplier shall not be responsible for any delay,
default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other cause beyond the supplier’s control.