Terms and Conditions
Acceptance of Terms of Usage
These Terms of Usage govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Usage and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.
Copy Direct Limited reserves the right to make changes to this Site and to these Terms of Usage at any time without prior notice. You should review these Terms of Usage each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
General
All the terms and conditions and/or any transactions occuring online at www.copydirectprintonline.co.nz or by phone are subject to the laws of the New Zealand. Copy Direct Limited is not responsible for the delay and/or damages resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. The tools available on www.copydirectprintonline.co.nz to create document is the property of Copy Direct Limited and its affiliated companies. The Buyer’s order shall be deemed an acceptance of the Seller's terms. The Terms and conditions shall in all respects be governed by New Zealand law.
Reservations
All orders are subject to acceptance by Copy Direct Limited. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time even after we receive the order.
Returns
Due to the nature of the product, no returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise. We will not replace the order if it is determined by us that the order was misused or mishandle by the buyer or part of the order was used by the buyer and part of the order is being returned.
Credit Card
If the Buyer's credit card is declined, Copy Direct Limited will not process the Buyer’s order. If the order is shipped and should the Buyer's account become delinquent, Buyer agrees to pay a monthly finance charge of 2% (annual percentage rate of 24%) on the unpaid balance. If an account goes beyond the payment term's due date, unless specific arrangements are made, future purchases will require advance payment. In the event that Copy Direct Limited must commence legal action to enforce any terms of this agreement, the Buyer agrees to pay reasonable legal fees and costs.
Warranty
Copy Direct Limited neither makes any explicit warranty nor imply or accepts any responsibility other than possible replacement of the products that Buyer is buying. Copy Direct Limited may but does not guarantee the replacement of the defective product, or credit the amount of the purchase price.
Shipping
Shipping terms are F.O.B. New Zealand. Copy Direct Limited will arrange for shipping with the carrier on behalf of the buyer. The Buyer will be fully responsible for the shipping and handling cost. Copy Direct Limited will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier.
Limitation of Liability:
Copy Direct Limited will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations. Copy Direct Limited shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages. The Buyer agrees that the Buyer will not hold Copy Direct Limited responsible for any and all loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Copy Direct Limited and its affiliated company(s) on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights.
Cancellations and Refunds:
Copy Direct Limited and its affiliated company will not refund any money for the orders that were shipped or were cancelled after the order was being processed.
COPY DIRECT LIMITED TERMS OF TRADE
1. DEFINITIONS
“Act” means the Carriage of Goods Act 1979.
‘‘Customer’’ means the customer of Copy Direct, and its agents and employees.
“customer goods” means goods in relation to which Copy Direct provides services on behalf of the customer connected with carriage, holding, storage, stock control, inventory management, fulfilment or delivery excluding any “products”;
“products” means products manufactured or procured for the customer by Copy Direct;
‘‘quotation’’ means an estimate of the amount that Copy Direct will charge the Customer for the work it completes.
‘‘Copy Direct’’ means Copy Direct Limited and any of its subsidiaries, related companies, employees, authorised representatives and contractors.
‘‘work’’ means printing (including proofs), design, reproduction, management, storage, distribution or the provision of any other such products or services by Copy Direct.
2. CUSTOMER ACKNOWLEDGEMENT
2.1 These terms of trade and any subsequent amendments as displayed on Copy Direct’s website form the contract between the Customer and Copy Direct.
PART A – PRINTING SERVICES
The terms in this Part A apply when Copy Direct provides printing and related services.
3. COPY DIRECT’S QUOTATION
3.1 The quotations are based on printed, typewritten, emailed or other good copy acceptable to Copy Direct. The Customer must pay any costs incurred by Copy Direct in obtaining a hard copy of a standard from which Copy Direct can base its quotation.
3.2 Quotations are based on the costs prevailing at the date of quotation. The quoted price is always subject to amendment in recognition of movements in these costs after quotation date. Quotations are exclusive of GST, except if explicitly stated otherwise.
3.3 The Customer must accept the quotation within 28 days from the date of the quotation or it will expire.
3.4 Quotations are based on the original instructions from the Customer. If the Customer’s instructions are varied any additional work will be charged to the Customer at Copy Direct’s current rates.
3.5 Every effort will be made to deliver the quantity specified but Copy Direct may produce up to 10% more or less than the quantity ordered by the Customer, and the Customer will pay for the work produced.
3.6 Work prepared on a trial basis at the Customer’s request shall be considered an order and charged for.
4. PRINTED MATTER PROVISIONS
4.1 The Customer must retain a copy of any image or file it supplies to Copy Direct.
4.2 The Customer will pay for any additional translating, editing or programming needed to utilise the Customer’s supplied files and for any duplication or transfer of stored material to the Customer. No such material will be used by the Customer other than as agreed between the Customer and Copy Direct.
4.3 Copy Direct is not liable for errors in the finished work if the Customer has approved the proof. The Customer will pay for any corrections after the first proof.
4.4 Copy Direct cannot guarantee to exactly match a print production with a colour proof because of variances in proof preparation methods and substrates.
4.5 The Customer will pay for sketches, drawings, specifications, paragraphs, computerised designs, special type, logos and dummies submitted by Copy Direct but they will remain Copy Direct’s property. The Customer must obtain consent prior to each use of such designs.
4.6 The Customer’s specifications must be consistent with any recommendations made by EAN New Zealand or other such relevant authority for product numbering and bar code symbol markings. Any implied condition relating to the readability (whether by machine or any person) of any product numbering or bar code symbol is expressly excluded.
4.7 Copy Direct may choose not to do any work in relation to any material that is, in Copy Direct’s opinion, illegal.
4.8 The Customer indemnifies Copy Direct in respect of any claims, costs or expenses (including legal costs on a solicitor-own-client basis) arising out of any defamation, breach of statute, infringement of copyright, patent or design dispute or any other dispute.
5. RISK AND DELIVERY, AND CANCELLATION OF ORDERS
5.1 Any electronic files held by Copy Direct on behalf of the Customer will be held at the Customer’s risk.
5.2 Risk will pass when any products manufactured or sourced by Copy Direct for the Customer are delivered to the Customer or another person on the Customer’s behalf.
5.3 Unless specified otherwise, quotations are based on:
(a) delivery from the door of Copy Direct’s premises; and;
(b) a continuous and uninterrupted delivery of the complete order.
5.4 If urgent delivery is agreed upon the Customer will pay any additional charge.
5.5 Where the Customer cancels an order it must reimburse Copy Direct in full for all costs incurred to the date of cancellation, including Copy Direct’s loss of profits.
5.6 The suspension of any work for a period of 30 days shall entitle Copy Direct to payment in full for the portion of the work completed.
6. HOLDING PRESS TO THE CUSTOMER’S INSTRUCTIONS
6.1 The Customer will be charged for any products held waiting for the Customer’s instructions.
7. HANDLING PRODUCTS
7.1 The Customer must pay Copy Direct for handling, storage and profit as determined by Copy Direct.
7.2 Copy Direct will deliver and the Customer must pay for all remaining products held six months following the date of receiving the products into a Copy Direct warehouse.
PART B – ALL SERVICES
The terms in this Part C apply to everything Copy Direct provides to or for the Customer.
8. OWNERSHIP
8.1 Ownership of any products remains with Copy Direct until the full price of those products has been paid in full.
8.2 The Customer grants Copy Direct a security interest in the products and customer goods as security for all amounts owing by the Customer to Copy Direct and performance of the Customer’s obligations under these Terms. Without limitation, if at any time payment from the Customer to Copy Direct shall be in arrears:
(a) Copy Direct shall be entitled to suspend performance of any and all services and to hold the products and customer goods until any such arrears are fully paid and Copy Direct shall not be under any liability to the Customer during such period; and
(b) if the payment is in arrears for more than 60 days Copy Direct shall be entitled to sell all or part of the products or customer goods in order to recover the amount owed to Copy Direct by the Customer.
9. LIMITATION OF COPY DIRECT’S LIABILITY
9.1 Copy Direct is not liable, whether in contract or in tort (including negligence), to the Customer for any direct, indirect or consequential injury, loss or damage of any kind arising from or in connection with its services.
10. CONSUMER GUARANTEES ACT 1993
10.1 Where a supply is for business purposes, the Customer agrees that the provisions of the Consumer Guarantees Act 1993 do not apply.
10.2 Nothing in these terms limits any rights the Customer may have under the Consumer Guarantees Act 1993.
11. CLAIMS
11.1 Any claim must be made in writing within 10 days of receipt of products or completion of Copy Direct’s work as specified.
11.2 Return of goods (for any reason) will not be accepted without the issue of a Copy Direct return authority number.
12. TERMS OF PAYMENT
12.1 Copy Direct may require immediate payment, otherwise the Customer must pay by the 20th of the month following the date of invoice. Copy Direct reserves the right to charge interest at 5% above the base rate of the Westpac New Zealand (“the Overdue Rate”) on all overdue accounts for any month or part thereof that the account remains overdue, including interest at the Overdue Rate from the date of judgement until payment in full.
12.2 Without limiting any other term, the Customer agrees to pay Copy Direct all charges and/or expenses resulting from any delay or frustration in performance or attempted performance of any part of the services relating to customer goods, including any delay or frustration in pickup or delivery.
12.3 Payment of all money is without set-off or deduction of any kind.
12.4 Copy Direct will apportion payments to outstanding accounts as it thinks fit.
12.5 The Customer will pay GST in addition to the amount set out in any invoice or quotation.
13. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)
13.1 All terms in this clause 13 have the meaning given in the PPSA and section references shall be to sections of the PPSA.
13.2 Clause 8 creates a security interest in all present and after acquired property and its proceeds.
13.3 On the request of Copy Direct, the Customer will promptly execute any documents, provide all necessary information and do anything else required by Copy Direct to ensure that the security interest created under this Agreement constitutes a perfected security interest in the products and goods and their proceeds which will have priority over all other security interests in the products and goods.
13.4 The Customer will pay to Copy Direct all fees and expenses incurred by Copy Direct in relation to the filing of a financing statement or a financing change statement in connection with these Terms of Trade.
13.5 The Customer agrees that nothing in sections 133 and 134 of the PPSA will apply to these Terms of Trade.
13.6 The Customer waives its right to:
(a) receive a notice under section 114(1)(a) or 120(2);
(b) receive a statement of account under section 116;
(c) object to any proposal of the Company to retain collateral under section 121;
(d) receive a copy of any Verification Statement.
14. COSTS
14.1 The Customer will pay all costs and charges (including legal costs as between solicitor and client) incurred by Copy Direct in consequence of or in connection with any breach or default by the Customer in the performance or observance of any of the terms of these conditions or their enforcement.
15. SUITABILITY OF WORK
15.1 Copy Direct gives no guarantee, implied or otherwise, that the work done at the Customer’s instructions is suitable for specific market requirements.
16. INSURANCE
16.1 Subject to clause 16.2, no products or customer goods will be insured against loss or damage. Should the Customer wish to insure the customer goods, the Customer may request from Copy Direct, in writing, a cover request for insurance form, which the Customer is responsible for completing and returning to the applicable insurer. Any such insurance cover is a matter between the Customer and the insurer, not Copy Direct.
16.2 Copy Direct will insure products where ownership of products, as set out in clause 8.1, remains with Copy Direct.
17. TERM AND TERMINATION
17.1 Except where the Customer and Copy Direct agreed to fix the term during which Copy Direct will provide services to the Customer, either party may terminate these terms by giving one month’s notice in writing to the other party.
17.2 Upon termination, the Customer is, in addition to any other liability, responsible for all costs associated with removal of the customer goods from Copy Direct’s premises. The Customer is not entitled to remove the products or customer goods until all amounts owing by the Customer to Copy Direct have been paid in full.
17.3 Copy Direct may terminate these terms immediately if the Customer fails to pay any money by the due date, commits any other breach of these terms, becomes bankrupt, goes into receivership or liquidation, or (if an individual) dies.
17.4 Termination of these terms does not affect the accrued rights or liabilities of either party, which continue in full force and effect.
18. NO ASSIGNMENT
18.1 The Customer will not assign, transfer or otherwise dispose of any right or obligation under any contract with Copy Direct.
18.2 The Customer acknowledges that Copy Direct may sub-contract its performance of all or any of these terms at any time, with or without notice. The Customer agrees that any such contractor or agent has the benefit of any applicable term; and that these terms are available and extend to protect anyone who is vicariously liable for the acts of any such contractor or agent, and any such person is deemed to be a party for those purposes to these terms.
19. DISPUTES RESOLUTION
19.1 If a dispute arises out of or relates to these terms then the parties agree to:
(a) Endeavour to settle the dispute by mediation.
(b) If agreement cannot be reached through mediation, to refer the dispute to arbitration by Printing Industries New Zealand.
19.2 In the event of any dispute concerning a telephone conversation between the Customer and Copy Direct, a certificate by Copy Direct is conclusive evidence of the content of that telephone conversation.
20. NOTICES
20.1 All notices required or permitted under this agreement are to be served as provided in section 152 of the Property Law Act 1952, or by facsimile, in which case notice is deemed to be given the day after sending.
21. FORCE MAJEURE
21.1 Copy Direct is not liable to the Customer for any failure or delay to carry out its obligations where such failure or delay is caused by any event or cause beyond the reasonable control of Copy Direct.
22. SEVERABILITY
22.1 If a decision is made by a court that any of these terms are unlawful and unenforceable, that term will be severed from this agreement to the extent that it is unlawful and unenforceable, and the rest of the terms will remain in force.
23. CONFIDENTIALITY
23.1 Each Party may have access to information of or concerning the other party which is confidential (“Confidential Information”). Neither party may:
(a) disclose, reproduce or use;
(b) permit or allow the disclosure, production or use by any person of; or
(c) permit or allow any person access to, any Confidential Information of the other party except (in the case of Copy Direct) to the extent necessary to provide the services
23.2 Copy Direct will use all reasonable endeavours to ensure the Customer’s Confidential Information is kept secure from unauthorised access, use and disclosure. This clause 23 survives the completion or cancellation of any order for services the Customer asks Copy Direct to perform for the Customer.
24. CREDIT AGENCIES
24.1 The Customer consents to Copy Direct or any credit consulting agency making inquiries of and obtaining information about the financial standing and credit worthiness of the Customer. The Customer further consents to Copy Direct furnishing to any other third party information held by Copy Direct about the Customer for the purpose of that third party enquiring into the financial standing and credit worthiness of the Customer.