“Client” means the person, firm or company ordering services and/or goods from The Dub Shop.
“The Dub Shop” means The Dub Shop Limited.
1. Orders: All orders for the supply of goods and/or services by The Dub Shop shall be made in writing on The Dub Shop’s job sheets and each order accepted by The Dub Shop shall be deemed to include these terms and conditions and the Client acknowledges that he/she has read, understood and accepted these terms.
2. Payment and Fees:
(a) Unless otherwise agreed, the Client agrees to make payment in full for all goods and/or services on receipt of said goods and/or services. Other terms may be agreed by prior written agreement.
(b) The Client agrees to pay the full amount of any invoice by the due date specified on the invoice or in the absence of a specified due date, no later than the 20th day of the month following the date of the invoice, whichever is the earlier.
(c) The Client agrees to pay interest on all overdue accounts calculated at the rate of 2.5% per month on the full amount of any outstanding invoices, including costs, GST and default interest.
(d) The Dub Shop reserves the right to require the payment of a deposit prior to commencing work. By prior written agreement the Client may be invoiced and required to pay such invoices as work progresses.
3. Quotations: Quotations are valid for 30 days from the date of the written or verbal quote, except that:
(i) Prices quoted (whether verbal or written) by The Dub Shop are based upon information given to The Dub Shop at the time of the quote and The Dub Shop reserves the right to change quoted prices if the information at the time of carrying out the work differs from the information provided; and
(ii) The Dub Shop reserves the right to charge in excess of quoted prices if additional work, materials or urgency is required that was not apparent or required at the time of the quotation.
(iii) If The Dub Shop suffers third party increases beyond its control The Dub Shop reserves the right to charge a fee in excess of the quoted price. If there is such an increase the Client will be notified prior to commencement of work. If the Client cancels the work before work is commenced the Client will not be required to pay a cancellation fee.
4. Prices: The prices do not include GST, unless otherwise stated. The Client agrees to pay GST in addition to the invoice or quoted amount.
5. Cancellation: If the Client cancels the order, The Dub Shop may charge and the Client will pay a cancellation fee as determined by The Dub Shop from time to time.
6. Cancellation of accounts: The Client acknowledges that The Dub Shop may at any time terminate an account by written notice to the Client and in that event the Client agrees to pay all outstanding amounts in full upon receipt of goods ordered.
7. Title: The Dub Shop retains title to all goods supplied until The Dub Shop has received full payment for the goods. If the Client on-sells any goods owned by The Dub Shop, the Client agrees to hold the proceeds of such sales on trust for The Dub Shop in a separate bank account until payment for the goods supplied by The Dub Shop has been received in full by The Dub Shop.
(a) Any property owned by the Client and deposited with or in transit to or from The Dub Shop is at the Client’s risk at all times. The Dub Shop accepts no responsibility or liability for any damages to the Client’s property whatsoever or any consequential loss to the Client. The Client also understands that The Dub Shop has no absolute, secure, storage vault.
(b) If the Client suffers loss as a result of the actions or omissions of The Dub Shop and The Dub Shop is held liable for such loss, the Client agrees that the extent of The Dub Shop’s liability to the Client is the replacement of stock equivalent in length to the Client’s property. The Client acknowledges that under no circumstances is The Dub Shop responsible for the loss of any video, film, audio or digital media content.
9. Claims: Any claims by a Client must be made in writing within fourteen days of receiving the goods. Before the supply of a replacement tape or disk, The Dub Shop may require the opportunity to inspect the allegedly defective goods supplied by The Dub Shop.
10. Stock Supplied: If The Dub Shop agrees to use stock supplied by the Client then The Dub Shop does not guarantee the quality of work carried out and the Client accepts full payment must still be made despite the quality of the finished goods.
11. Delays: Without accepting any contractual liability, The Dub Shop will use reasonable endeavors to complete work by the agreed time. If The Dub Shop is not able to complete work on time, which results in the Client incurring costs or losses, the Client agrees The Dub Shop is not liable to the Client for any costs or losses.
(a) The Client warrants to The Dub Shop that either:
(b) The Client shall indemnify and hold harmless The Dub Shop in respect of any losses, damages, fines, costs and expenses (including legal expenses) suffered or incurred by The Dub Shop as a result of any claim howsoever arising that any work carried out by The Dub Shop at the request of the Client breaches or infringes any copyright or other intellectual property right of any person in any country.
13. Refusal to Supply: The Dub Shop reserves the right to refuse any request for work to be done at any time for any reason whatsoever in it’s absolute discretion.
14. Client’s Material: The Dub Shop will hold the Clients material for three calendar months after completion of work. Within fourteen days from when The Dub Shop has made all reasonable efforts to contact Clients who have not collected their material after three calendar months from completion, the Dub Shop may do all things necessary to recover costs incurred including but not limited to erasure or destruction of material.
15. Masters: The Dub Shop will hold masters on it’s premises for a period of six months after the last duplication date, after which time The Dub Shop may charge a fee for storage or return the master(s) to the Client at the Client’s expense.
16. Consumer Guarantees Act: If the Client is purchasing the goods or services of The Dub Shop for the purposes of a business, then pursuant to section 43 of the Consumer Guarantees Act 1993, the Client acknowledges that he/she or it is acquiring such goods or services for the purposes of a business and the provisions of the Consumer Guarantee Act shall not apply to the supply of such goods or services.
17. Warranty: Except as expressly set out in these terms and conditions, The Dub Shop makes no warranty as to the timeliness, fitness for any purpose, merchantability or quality of the goods or services supplied to the Client. To the fullest extent possible and permitted by law The Dub Shop excludes from these terms and conditions any or all implied terms and guarantees.