1. Business Operations
Although we try to accommodate all Customers in relation to payment but please read the terms and conditions laid out within this page.
2. General Clause
These conditions, which are construed under Australian Law, are applicable to Prints on Glass Pty. Ltd. (The Company) and should be read in conjunction with other documents and/or the correspondence comprising our offer when relevant.
The Contract for all forms of photographic, graphic design and/or supply of artwork and glass printing services (Supply / Supplies) are to be based on the conditions herein or detailed in the contractual estimate/quotation(s).
If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement. The Terms and Conditions state below remain in full force and effect.
Changes to initial brief. If The Company feels that any item requested by the Customer does not fit within the initial brief, the Customer will be notified immediately. The additional Supplies will then be either quoted separately, or charged as an extra, at full rates (See Rates Clause).
Corrections and modifications. Once the artwork has been approved and signed off, all additional corrections and modifications to the image will be charged as extras at full hourly rates (See Rates Clause).
Acceptance of Quotation and Terms and Conditions. The placement of an order for Supplies offered by The Company and validated by the customer's signature on the estimate or relevant quotation forms. If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.
Customer will be invoiced as agreed in Purchase Order and/or Sales Agreement. All accounts are payable before delivery of final artwork and prior to delivery of printed glass pieces.
Customer must pay all charges as set out in the Purchase Order and/or Sales Agreement.
Cost estimates are only valid for a period of 30 days.
3. Payment Clause
The Company payment of fees will be made as follows;
Where Prints on Glass supplies artwork:
50% is due upon commencement of project
50% is due on the day of Sign Off.
Where Prints on Glass supplies of printed glass images:
50% deposit upon placement of order.
50% of contract balance prior to delivery of goods to site.
Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalised) at the end of each month and form part of the principal debt.
Any account outstanding for more than sixty (60) days Customer(s) are liable to meet in full the sellers debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.
Customer must finalise The Company's charges without any set off, counter claim or deduction unless same is agreed in writing.
No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files.
Delivery being: Supply of final artwork digital files on disk or via email or uploaded to nominated ISP; or delivery of printed glass image.
Construction files remain the property of The Company unless arranged otherwise.
Direct Deposit [Preferred]
Account Name: Prints on Glass
Account Number: 10302561
Payable to: Prints on Glass
Address: 42/7 Salisbury Rd, Castle Hill, NSW 2154 Australia
4. Rates Clause
Any rates quoted, or standard schedules included, relate to works within Australia unless specifically stated to the contrary.
Changes to any Supplies completed or part completed requested by the Customer or any other part beyond our control will be charged to the Customer on a time basis at a rate of $85 (Eighty five dollars) per hour + GST applicable to the supply of artwork. Any changes to supplies of printed glass pieces will be charged according to the size of the printed glass piece required. Refer to Prints on Glass price list for pricing of standard sizes.
Unless specifically stated, all prices are exclusive of GST (Goods and Services Tax).
5. Technical Advice Clause
In selecting any product or service from Prints on Glass, the customer must rely on its own knowledge and expertise or seek independent advice. Prints on Glass shall not incur any liability to the customer for any advice, recommendation, information or assistance. The Customer acknowledges it has not relied upon any assistance or advice provide by or on behalf of Prints on Glass.
6. Contingency Clause
Where the Customer intends to use any Supplies or information provided by The Company, or any Supplies and information becomes involved in litigation then the Customer will both advise The Company in writing and seek the approval prior to using the report. The Company reserves the right to refuse to provide documents for use in litigation.
Unless specifically stated, our price does not include for any costs or services which may be required from other Consultant or contractors, including but not limited to the cost to install the printed glass pieces. Should other Consultants or contractors be required the Customer shall bear the net costs of such.
Agreed Costing is conditional on supplying Artwork Content or stated and agreed in the sales agreement or purchase order. Completion of deadline agreed within 14 working days of confirmation of Order or date set in the sales agreement or purchase order. The Company reserves the right to revise costings if that condition is not met in line charges may apply unless written agreement was impose.
7. Design Contents Clause
Customer will be solely responsible for the content of ‘Project(s)’ undertakings. The Company is not responsible for proofreading any content unless specifically agreed.
The Company makes no representations to The Company concerning the content or functionality of Customer’s ‘Project(s)’ undertaking. It is Customers responsibility to ensure that it meets Customers requirements.
If Customer provide The Company with goods, material, photographs, film, data or information to be used in any or all form, The Company hereby warrant that these do not infringe the rights of third parties and indemnify The Company against any action taken against The Company by any such third party.
Without limiting the generality of the foregoing, The Company agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libellous, abusive, obscene material or disparage the products or services of any third party.
The Company can source a range of (watermarked demo or there alike) stock images for the Customers. These stock images must be purchased prior and will be in addition to the original quoted price, unless otherwise stated.
The Company for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on Customers behalf.
All content should be delivered in one package, containing all images, text, captions, etc.
8. Licenses Clause
All Supplies created for the Customer by The Company are assigned a license of use. This license of use cannot be transferred to another 3rd party unless otherwise separately stated by The Company.
Any design, copywriting, drawing or idea created for the customer by The Company, or any of its contractors, is licensed for use by the Customer on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The Company and any of its relevant sub-contractors.
9. Data Format Clause
The Customer agrees to The Company's definition of acceptable means of supplying data to the company.
Images that are supplied in an electronic format are to be provided in a format as prescribed by The Company via floppy disc, CD-ROM, e-mail, DVD or Flash Disc. Images must be of a quality, 150 Dots Per Inch (dpi) for Printing suitable for use without any subsequent image processing, and The Company will not be held responsible for any image quality that the Customer later deems to be unacceptable. The Company cannot be held responsible for the quality of any images that the Customer wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or other data entry services.
Design Project Duration, an indication given by The Company of a design project's duration is to be considered by the Customer to be estimation. The Company cannot be held responsible for any project over-runs, whatever the cause.
10. Glass Delivery Clause
Builders Responsibilities – Site to provide uninhibited work areas with suitable safety measures required to meet legislative standards. All glass will be delivered on to the installation area by Prints on Glass staff or contractors appointed by Prints on Glass.
Access – This quotation is based on there being suitable close and easy access to carry the materials to the installation area. No more than 2 flights of stairs are to be lifted, if more than 2 flights and elevator must be of access. A suitable safe area must be provided for glass storage. The above price does not include scaffolding cost and if required for installation will be quoted separately. There has been no allowance made for a crane to lift glass onto site should there be insufficient access points in which to load and handle glass, including movement to and between site levels. This is the responsibility of the builder.
All products supplied and installed by Prints on Glass conform to Australian Standard 2208 and are covered by a full five year warranty. Glass breakage once installed is not covered by warranty. All glass supplied also comes with the manufactures certification. All products used by Prints on Glass are sourced locally in support of local industry.
11. Print Clause
With all printing there may be some colour variations from what The Company have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing. There will be no reprints at our expense.
12. Returns Clause
Any claims in respect of Supplies must be made within seven (7) days of delivery of the goods and in this respect time shall be of the essence. No returns will be accepted unless authorised by The Company in its sole discretion (conditionally or otherwise) in advance. Prints on Glass reserves the right not to accept any returns. If Prints on Glass for any reason elects to take back any products it will be on terms agreed.
13. Dispute Resolution Clause
The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
Clearly communicate in writing the background facts leading to or causing the dispute. Set out clearly what action is required to settle the dispute. Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution. Discuss specific means of avoiding such disputes in the future. Attempts to resolve the dispute must follow the following procedure:
The person complaining shall set out in writing the background, the issues and the outcome desired.
The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.
If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar government department within 10 business days.
If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.
In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.
Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with this dispute settlement procedure.
14. Rights of Refusal Clause
The Company will not include in its designs, any text, images or other data, which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Company also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that The Company does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow The Company to remove the contravention without hindrance, or penalty. The Company is to be held in no way responsible for any such data being included.
15. Intellectual Property Clause
All creation files remain the property of The Company.
The Company retains the Copyright in and the right to use all artwork created in advancing the profile of The Company and to be recognized for artwork created by The Company.
The Company shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item unless specifically agreed otherwise.
Title of any goods purchased does not pass at law until payment in full of the account to which the goods and services relate.
The Company observes Privacy Laws and Guidelines relating to personal data.
Reports, drafts and all other records provided by The Company are private and confidential between the Customer and The Company and they may not be used or relied upon by any other party without the prior consent of The Company. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Notwithstanding Condition 19.b. above, copyright and all intellectual property rights in the Supplies prepared by The Company for the Customer, shall remain vested in The Company unless otherwise negotiated.
16. Installation, Handling and Use
The customer agrees to accept full responsibility for product selection, handling, installation, use, maintenance and storage in all respects. The customer acknowledges that glass products may be hazardous and must always be handled, used and maintained with caution and care.
The Company makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
The Company will not be held responsible for any and all damages resulting from products and/or services it supplies.
The Company is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The customer agrees not to hold The Company responsible for any such loss or damage.
Any claim against The Company shall be limited to the relevant fee(s) paid by the customer.
The Company reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
The Company will not knowingly perform any actions to contravene these and the Customer agrees to be so bound.
The company – Prints on Glass. Pty. Ltd.
Supply, Supplies, Graphic Design Labour and Printed Glass pieces – services that Prints on Glass Pty Ltd provides.