Terms and Conditions

1 Quote

All quotes submitted by Designate Group or its Divisions are, unless clearly stated, valid for 30 days. Quotes are based on the specifications indicated and an agreed schedule, and any extra work or cost caused by any variation to those specifications or schedule or by the client requirements being different from those originally submitted or described may be invoiced to the client unless specifically agreed by Designate in advance.Where more than one good or service is provided the quote is a composite price comprising estimates for services that may or may not be provided by related or third parties. Designate Group is not required to separately itemise the estimate for each component unless it chooses to do so. Regardless of the number of itemised components only the total applies when a client approves the quote not each individual component. The itemising of a separate component does not indicate that the estimate applied to that item as a component of a total quote applies if it is the only item subsequently required by the client. If so Designate Group may amend that estimate if it so chooses.

2 Acceptance

Before commencement of a project, written approval of the quote must be provided by an employee of the client who, by such approval, is deemed to be authorised to provide such approval on behalf of the client. Such approval is binding on behalf of the client and all legal and financial liability for work done according to that approval lies with the client and not with any other party. All invoices will be made out only to the client authorising the project. Acceptance of Designate Groups quote is an acceptance of these terms and conditions notwithstanding any inconsistencies with terms and conditions contained in the clients order unless otherwise expressly agreed to by Designate Group in writing.

3 Hours of Operation

Designate Group's normal hours of business: are 9.00am to 5.00pm (Monday to Friday except public Holidays and notified holiday periods) and all schedules are developed according to these times. Any work required by a client to be carried out outside these hours may incur an additional charge unless agreed in advance in writing by both Designate Group and the client.

4 Copyright and Ownership

Designate Group retains the copyright and ownership for all design, information, material or other output which is produced, extended or modified during the performance of a project including all computer generated material and artwork developed as part of a project. Designate Group retains the copyright to all concept and design proposals submitted to, but not approved by a client. Further, the client warrants that the client has copyright for all works of art and material supplied by the client to Designate Group for the purposes of the order and indemnifies designate against all liability, losses or expenses incurred by Designate Group in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright.

5 Ideas

All ideas, concepts or designs communicated by Designate Group to the client must be kept confidential and cannot be shown to any third party without Designate Group's written agreement.

6 Final Client Approval

Final client approval for production means that the client accepts all responsibility for all content as correct for production including any errors and omissions not found in any previous proofing process. No responsibility will be accepted for errors in any goods, which appeared in proof, approved by the client and were not corrected by the client before the order was completed.

7 Client supplied material

Clients must retain originals of any material provided to Designate Group. Copies of material only are to be provided to Designate Group. No responsibility is accepted for any material either provided by the client directly or through a third party during the course of the project, not claimed by the client within 7 days of delivery of a project.

8 Delivery

Any goods not taken up by the client within two weeks of completion of production must be paid for in full within 7 days. Such goods remain at the clients risk.

9 Retention of Designate created material

Designate Group will archive all material including computer generated artwork for a period of 4 months from the time of delivery. This material remains the absolute property of Designate Group and will only be retained by Designate Group after 4 months if clients have specifically requested it and agreed to a written quote for Designates archive service. A fee may apply. This must be done prior to the expiration of the four months after delivery period.

10 Suspension of Work

The suspension by the client of any work for a period of 30 days shall entitle Designate Group to payment in full for all work completed.

11 Cancelled Work

Orders cannot be cancelled except upon terms, which will compensate Designate Group for all work done and materials used till cancellation.

12 Suitability of Goods

Because the strength of perfect binding varies with the quality and absorption values of the paper used, no guarantee is given by Designate Group in relation to the life of this style in binding. Colour matching of proofs is subject to individual interpretation, differences in proofing stock to printed stock and differences inherent in printing reproduction methods. To the extent permitted by law, liability for breach of a condition or warranty implied in this contract by the trade practices act 1974 other than a condition implied by section 69 responsibility is limited to either the replacement of the goods, the supply of equivalent goods or to the repair of goods as determined by Designate Group. All printed goods determined to be "commercially acceptable" must be accepted by the client.

13 Consequential Loss or Damage

Responsibility will not be accepted for consequential loss or damage occasioned by errors, or by delay in delivery.

14 Termination

Designate Group will not continue to work for any client failing to pay our invoices within the agreed time. The client will be required to pay charges for work done, and for expenses incurred up to the date of termination.

15 Claims

All claims must be in writing within seven days of receipt of goods, beyond which no claim can be entertained.

16 Force Majeure

Every effort will be made to carry out any contract based on this estimate but the due performance of it is subject to variation or cancellation owing to an act of God, Strikes, Lockouts, Fire, Flood, Drought or any other cause beyond our control.

17 Payment Terms

Payment of invoices within 30 days of the invoice date unless specified in the accepted quote. After 30 days, interest at a rate of 10 percent p.a. may be charged on any amounts unpaid.

18 Client Production

Where clients will be carrying out production organised by themselves from files created by Designate Group it is the total responsibility of the client to ensure their printer is aware of the current printing standards and requirements using these files. For all such jobs where Designate Group does not organise production whilst all care is taken, because of the variations between systems, Designate Group is not responsible for any subsequent production resulting from these files. The receipt of Designate Group's files by the client is considered acceptance by them of responsibility for all work resulting from using the Designate Group files. Designate Group emphasises the need for the client to control and check the production of their project at all stages. These files are supplied on the condition that they are used only as legally allowed under any copyright laws and conditions.