| 1. |
These terms and conditions apply to every dealing between Tricol Pty Ltd Trading as Blow Up Imaging
and the customer, and the customer accepts these terms and conditions prevail over any other
conditions whether verbal, implied or written unless so prevented by legislation.
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2.
a) |
Orders:
The customer should place a written order with full details and specifications.
Where the customers does not do this Blow Up Imaging will not be responsible
for any mistakes that could be attributed to the lack of written details.
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| b) |
Where an order has a deadline that deadline must be shown on the written order and all artwork etc,
must be provided at the time of order for the deadline to be accepted as a valid condition of the
dealing. All files must also comply with Blow Up Imaging’s specifications. Failing to provide
Blow Up Imaging with artwork and files or any other necessary items to complete the order on time
will relieve Blow Up of any liability for late delivery which in any event is limited to the actual
loss proven or ten percent of the order whichever is the lesser. In the event that artwork, files,
etc are provided later than agreed, the customer agrees to pay the greater of the additional costs
or ten percent as evidenced in writing.
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| c) |
The person giving the order on behalf of the customer whether in writing or verbally shall be deemed
authorised unless expressly advised in writing to the contrary.
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| 3. |
Deliveries:
Blow Up Imaging will attempt to follow the client’s delivery instructions and a signature may
not be obtained. Blow Up Imaging will not be responsible for any losses arising from delivery,
including delays, lost items and damage.
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| 4. |
Claims:
The customers must lodge a claim within 7 days of receipt of the goods the subject of the claim as
to issues of production materials, quality or installation and within 30 days of the date of the
invoice as to matters of price. Blow Up Imaging will not be liable for claims made after these times.
In any event Blow Up Imaging’s liability excludes any consequential loss and Blow Up Imaging’s
obligation is limited to replacement of the goods, (including installation where this formed part of
the dealing). Blow Up Imaging will not be responsible for events or costs beyond it’s control.
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| 5. |
Ownership of Goods:
The property of the goods will not pass to the customer until payment is made and honoured.
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| 6. |
Loss & Damage of Artwork, Negatives:
Whilst using its best endeavors, Blow Up Imaging will not be responsible for the loss or damage to
client supplied artwork, transparencies, or files etc.
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| 7. |
Copyright:
The customer warrants to Blow Up Imaging, (and indemnifies Blow Up Imaging against all actions in
relation to a breach of the warranty) that the customer owns or controls the copyright to all the
items provided by the customers in order to do the work or have obtained permission to use these
items from the copyright holder.
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| 8. |
Uncollected goods:
If Blow Up Imaging has completed the work required and the goods are not collected or installed for
whatever reason within 3 months of the customer being notified, then Blow Up Imaging may dispose of
those goods at its absolute discretion.
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| 9. |
Price:
Where a price is quoted, that price will apply to goods supplied for a period of 30 days from
acceptance of the quotation unless varied by changes in Government regulations, currency movements
of other factors beyond Blow Up Imaging’s control. Otherwise the Blow Up Imaging price is
subject to Blow Up Imaging’s normal pricing structure.
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| 10. |
Credit:
Blow Up Imaging may at its absolute discretion open (and stop or close) a credit account with the
customer. Where Blow Up Imaging deems it prudent and without assigning any reason therefore Blow Up
Imaging may require part payment before commencing or continuing work on the order, or delivered any
goods. If the customer fails to pay their account before the end of the month, following the month
within which the goods or services were supplied or in the event of a claim, pay for such part of
the goods or services which are not in dispute then Blow Up Imaging may charge interest for the
period payment is not made. In the event Blow Up Imaging resorts to legal action to obtain payment
the customers will pay all expenses incurred including but not limited to legal costs.
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| 11. |
Failure to Perform:
Blow Up Imaging will not be liable for any loss which is due to any circumstances
beyond it’s control including inability to obtain materials, labour
transport or subcontractors or lack of supplies or machine failure or
burglary, vandalism or theft.
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| 12. |
Not withstanding anything above Blow Up Imaging will not be liable for any consequential loss.
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