Terms & Conditions:

1. Price:

   All prices are to be considered exclusive of GST. Initial design time will be charged out at the stated price plus GST. Additional time will be charged out at the specified hourly rate of $90/hr + GST. Any orders that are less than $35 in value, a minimum charge of $35 + gst will apply. A $20 + GST processing fee will apply for any orders NOT placed online. Cancelled orders will incur a minimum charge of $35 plus GST or the specific time rate per hour for design time spent, whichever is the greater. Artwork Checking: Preflight $15. Preflight & Fix $23. 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. Reorder contact details / Company Insignia:

   To assist with reordering, the right is reserved to include a very small insignia &/or method of contact on the back of any print orders, as per the proof unless prior arrangement is made.

3. Proofs:

   The Production House 'TPH' shall not be liable for errors where a proof has been submitted and approved by the reseller/client. We shall not be liable for any indirect or consequential loss or damage to the reseller/client or for any loss to the reseller/client arising from third party claims arising from errors in carrying out the work.

4. Copyright:

   The reseller/client confirms that they are the owner of the copyright or has express authorisation from the owner of the copyright in respect of any photograph, picture, illustration, image or any other reproducible materials ("Material") supplied to the printer for the copying and/or incorporation of Material into the design work. The reseller/client also agrees to indemnify The Production House 'TPH' 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 The Production House 'TPH'.

5. Colour Printing:

   The reseller/client acknowledges that colours may vary due to the printing process used. Therefore The Production House 'TPH' does not guarantee exact colour matches with regard to any Material supplied by the reseller/client or with previous orders.

6. Variations on quantity:

   The Production House 'TPH''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 The Production House 'TPH''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 reseller/client in addition to printing costs. The Production House 'TPH' uses a freight service to ensure quick, accurate delivery of your goods; overnight service South Island or 2-day service North Island. 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 reseller/client, written approval to begin work is required.

8. Consumer Guarantees Act:

   i) The Production House 'TPH' acknowledges that if the reseller/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 reseller/client does not fall within clause 8.1 above the provisions of the Act apply. iii) The reseller/client will indemnify The Production House 'TPH' for any liability that The Production House 'TPH' may incur which arises as a consequence of representations made by the reseller/client about any of the goods which are made otherwise than in accordance with The Production House 'TPH''s express specifications which accompanies the goods.

9. Remedies:

   Subject to clause 8.ii, if The Production House 'TPH' is under any liability to the reseller/client then whether such liability is in contract, tort or otherwise and notwithstanding any relief or remedy to which The Production House 'TPH' 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 reseller/client or the actual loss or damage suffered by the reseller/client, whichever is the lesser. Under no circumstances will The Production House 'TPH' be liable for indirect or consequential loss of any kind whatsoever.

10. Disputes:

    i) The reseller/client must give The Production House 'TPH' notice in writing forthwith if the reseller/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 reseller/client's notice. Pending resolution of the dispute the reseller/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 The Production House 'TPH' at anytime shall effect or impair in the way or the rights of The Production House 'TPH' to avail itself of the remedies it may have.

12. Privacy Act 1993:

    i) The information contained in any application or order by the reseller/client is being collected by The Production House 'TPH' primarily for the purpose of communicating with the reseller/client and determining the credit worthiness of the reseller/client. The information collected will be used by The Production House 'TPH' or any third party nominated by The Production House 'TPH' for this purpose. The Production House 'TPH' shall hold the information collected and the reseller/client acknowledges the voluntary supply of the information. The reseller/client acknowledges that should the information requested by The Production House 'TPH' be withheld The Production House 'TPH' is entitled to reject any application or order by the reseller/client at The Production House 'TPH''s discretion. ii) The Production House 'TPH' acknowledges the reseller/client's right to access to and correction of the information collected concerning the reseller/client. iii) The reseller/client agrees that The Production House 'TPH' may obtain information about the reseller/client from any person (including any credit or debt collection agency) in the course of The Production House 'TPH''s business, including credit assessment, debt collecting and direct marketing activities, and the reseller/client consents to any person providing The Production House 'TPH' with such information. iv) The reseller/client agrees that The Production House 'TPH' may use any information it has about the reseller/client relating to the reseller/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 reseller/client agrees that any other information collected by The Production House 'TPH' about the reseller/client may be used by The Production House 'TPH' in the course of its business. v) The reseller/client shall notify The Production House 'TPH' of any change in circumstances which may affect the accuracy of the information provided by the reseller/client to The Production House 'TPH'.

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 The Production House 'TPH' and the reseller/client, these terms and conditions constitute the entire agreement, understanding and arrangements (expressed and implied) relating to the sale of goods from The Production House 'TPH' to the reseller/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 The Production House 'TPH' giving the reseller/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 reseller/client agrees to indemnify The Production House 'TPH' 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 The Production House 'TPH'.

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 reseller/client when confirming the order. Any claims for credit or refund must be lodged in writing with The Production House 'TPH' 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:

    The Production House 'TPH' will not accept liability for any loss sustained by its customers through late delivery from any cause whatsoever including negligence. Turn-around times listed on the website are our target timeframes and are based from the date of written approval. Approvals received after 10am are counted from the next working day. Please note that this excludes freight time.

19. Ownership of goods:

    Ownership of goods hereby sold shall remain with The Production House 'TPH' until payment is received in full. At all times The Production House 'TPH' 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 reseller/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 The Production House 'TPH' ("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 reseller/client. Interest may also be charged on all overdue amounts at a rate of 2% per month.

If the reseller/client owes money to The Production House 'TPH' under more than one invoice, or as director or manager under one or more companies, The Production House 'TPH' may allocate any payment received from the reseller/client to the payment or part payment of any outstanding invoice (not withstanding any instructions to the reseller/client to the contrary).

Where an order is valued over $20,000 + GST, a 50% deposit is required upon acceptance of order/approval.

If the reseller/client does not pay in full by the due date and without prejudice to The Production House 'TPH'(s) other rights and remedies:

(a) The Production House 'TPH' may charge the reseller/client interest at the default rate on the amount outstanding from the due date until actual payment; and (b) The Production House 'TPH' will be entitled to treat the contract as having been cancelled by the reseller/client.

All discounts cease to apply if all moneys due are not received by The Production House 'TPH' on the due date.

The Production House 'TPH' 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 The Production House 'TPH' may take immediate action to recover payment if the reseller/client is in default under any agreement with The Production House 'TPH' 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 The Production House 'TPH', and until such time, shall not prejudice or affect The Production House 'TPH''s rights or powers or remedies against the reseller/client and/or the goods.

Where a print credit is offered as part of a promotion, that credit is offered as a one-off and can only be used towards products listed online. Any credit will be applied in it's entirety to any single order and can not be used across multiple orders. It is non-transferrable and can not be exchanged for cash. Unless otherwise stated, the print credit is only valid for 60 days from date of issue.