TERMS & CONDITIONS

All quotations are based on printed, typewritten, electronic or other good copy acceptable to BMS Print.  Where the client supplies its own design, materials or any other item, they must be of an acceptable quality and quantity as determined by BMS Print. If BMS Print finds it necessary to carry out additional work or to supply materials in order to obtain good copy upon which to base a quotation, the client will pay for that work and materials. For the purpose of these terms of trade “quotation” includes “estimate”.  If a quotation is given on a page basis, every page, whether printed or not and including flush cut paper covers shall be paid for at the page rate.

​Quotations will lapse if not accepted within 30 days.

Quotations do not include GST unless shown as doing so.

All quotations are based on the conditions and specifications in the quotation, (ink, paper or other medium, layout, quantity, delivery etc.) and provide for all work and materials required to complete the order.  Any (a) variation or alteration to the conditions and specifications or (b) increase in material and or labour costs may increase the quoted price.

Experimental work, preliminary sketches, dummies and other creative work, intermediate materials and any resultant goods must be paid for by the client unless the cost is separately identified and provided for as part of the quoted price and the client shall not use any proposal or idea from BMS Print for content, medium, layout or presentation until such work has been paid for.

BMS Print provides no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates.  BMS Print will however use its best endeavours to provide a commercially acceptable finished product.

BMS Print is not liable for errors or variations in the finished work where such errors or variations were contained in the proof approved by the client.

If any plant is set up to print or otherwise work on the client’s job or on goods being prepared for the client and the progress or completion of the work is delayed by or on behalf of the client the client will pay BMS Print’s waiting charges for such plant.

BMS Print will take reasonable care of the client’s property but the risk shall be on the client and BMS Print shall not be responsible for any damage.  Unless it is otherwise agreed in writing BMS Print will not be responsible for insurance cover.  Unless otherwise agreed in writing, BMS Print may dispose of any materials held twelve months following the date of the invoice.

that product which comes into existence during the preparation or processing of the client’s order but which is not the final product).

(a) Ownership and possession of intermediate materials will pass to the client when they have been paid for.

Or

(b) Ownership of intermediate materials except those supplied by the client, will remain the supplier’s property.

It is the client’s responsibility to retain a copy of any electronic image or file supplied by the client to BMS Print.  BMS Print is not responsible for accidental damage to any electronic material supplied and such material is held at the client’s risk.  BMS Print may charge for any additional translating, editing or programming needed to utilise customer supplied files or images and such charges shall be in addition to the quoted price.   Subject to clause 10 BMS Print’s own electronic records shall remain the property of BMS Print.

BMS Print will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, jpeg, png, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Copyright is retained by BMS Print on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of BMS Print, unless specifically agreed in writing.

Unless otherwise agreed BMS Print will deliver the quantity specified.

OR

Over runs and under runs will not exceed 10 percent of the quantity ordered.  The client will pay for the actual quantity delivered within this tolerance.

Unless otherwise agreed, delivery of the goods is at BMS Print’s shop located at 9 Bentinck Street, New Lynn in a continuous uninterrupted delivery of the complete order. BMS Print may provide delivery services for a fee, in which case, BMS Print may deliver the goods in their own means or use a third party’s services. BMS Print will provide the client all necessary information provided by the third party that is relevant to the delivery of goods (ie. Tracking number). BMS Print is not liable for any damages incurred to the goods due mishandling by the third party and the client must direct their complaints to the third party.

Notwithstanding any other clause in this agreement, where a contract is suspended or cancelled by the client, all work carried out and goods supplied by BMS Print will be paid for by the client forthwith on presentation of the invoice.  Contracts for the printing of periodicals may only be cancelled on BMS Print receiving the agreed amount of notice in writing.  If there is no such agreement, the notice period shall be two months.  If work is suspended the client will pay any additional costs or for any loss caused to the supplier by the suspension.

Complaints regarding finished goods must be received by BMS Print within a reasonable time.  What is a “reasonable time” will depend on the circumstances of each case.

BMS Print is not required to reproduce any material or produce any goods that are, in BMS Print’s opinion, illegal, objectionable, or libellous in nature or that is in breach of any copyright, patent, design or statute.

BMS Print will be indemnified by the client in respect of any and all damages claims, costs, and expenses (including actual legal costs and disbursements on a solicitor and own client basis) for which BMS Print may be liable or which it may suffer arising out of any libel or breach of statute or infringement of copyright, patent or design which may arise out of or be associated with the goods provided by the supplier to the client.

Where the client is a company or a person acquiring or holding him or her self out as acquiring goods or services or both for the purposes of a business the Consumer Guarantees Act 1993 will not apply to the supply of goods under this agreement.  BMS Print will not be liable for any indirect or consequential loss to the client or to any third party arising from errors in the work or from delay in delivery.  No warranty is given or responsibility accepted by BMS Print to ensure that finished or any goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods.  Compliance with any such legislation shall be the client’s responsibility.  No guarantee is given that the goods supplied to the client are fit for any purpose not made known to BMS Print or suitable for any market requirement.

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BMS Print shall not be responsible for any delay, default, or consequential loss or damage due to any industrial disputes, accidents, natural disasters, acts of terrorism, equipment failure, mischievous damage or other cause beyond BMS Print’s control.

Payment terms are written on the quote provided to the client. Should there be no specific terms written for a job, payment shall always be due before a job can be commenced. The  50% downpayment required by payment terms shall be non-refundable in cases of cancellations or changes in job specifications by the client.If invoices are not paid in full and on time the client will pay collection and legal fees and such fees may include additional fees or commissions charged by debt collecting firms and actual legal costs and disbursements charged on a solicitor and own client basis.  In addition to the costs of recovery the client will pay penalty interest on any unpaid amount from the due date until payment in full at the rate of 2% per month and such penalty interest shall continue to be payable after and notwithstanding any judgement obtained by the supplier against the client.  If BMS Print finds it necessary to sue the client, service of any document will be deemed to be effected on the client if that document is left at the address shown as the client’s business address or home address or registered address.

BMS Print makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BMS Print will not be held responsible for any and all damages resulting from products and/or services it supplies. BMS Print 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 client agrees not to hold BMS Print responsible for any such loss or damage. Any claim against BMS Print shall be limited to the relevant fee(s) paid by the client.

BMS Print 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. BMS Print will not knowingly perform any actions to contravene these and the client also agrees to be so bound. BMS Print and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. BMS Print recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

BMS Print retains a security interest in all goods supplied to the client until BMS Print receives payment in full of all sums owing by the client under any contract for the supply of the goods.  The nature of the security interest is that BMS Print retains title to the goods.  The security interest shall apply to goods supplied to the client in the future.  The client shall not allow any goods subject to the security interest to become an accession to other goods.

(a) The client hereby waives the client’s right to receive a copy of the verification statement following registration of the supplier’s security interest.

(b) BMS Print may allocate any payment received from the client against any debt owed by the client in any manner that BMS Print may decide, notwithstanding any purported allocation by the client.

(c) If after due date the debt remains unpaid, BMS Print is entitled to enter the client's premises and seize the goods unpaid for and to dispose of them as BMS Print sees fit and to apply such proceeds towards the debt. The client hereby irrevocably authorises BMS Print or BMS Print’s agents to enter the premises of the client to locate and seize the goods.

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(d) If BMS Print does not at any time have priority over all other secured parties in relation to any goods then pursuant to section 107(1) of the PPSA, for the purposes of dealing with those goods the parties contract out of sections 108 and 109 to the extent of deleting the words "with priority over all other secured parties" in sections 108 and 109(1) of the PPSA and the PPSA shall be read as if sections 108 and 109(1) did not have the words "with priority over all other secured parties".

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(e) The client agrees that none of sections 114(1)(a), 133 or 134 of the PPSA will apply to any dealings with the goods under this agreement.  The client further waive their rights:

i        To receive a statement of account under section 116;

ii       To receive any part of the surplus under section 117(1)(c) or recover it under section 119 if the supplier has in good faith made any payment to any person under sections 117(1)(a) or 117(1)(b) to which it subsequently transpires that person was not entitled;

iii      To receive notice of any proposal of BMS Print to retain goods under section 120(2);

iv      To object to BMS Print's proposal to retain goods under section 121;

v       To make any claim for damages to any other goods if the supplier removes an accession under section 125;

vi      To be given notice of the removal of any accession under section 129;

vii     To apply to the Court for any order with respect to removal of an accession under section 131;

viii   To redeem any goods under section 132;

The attention of the client is drawn to the mediation facility offered by Printing Industries New Zealand Incorporated.

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The law applicable to the supply of the goods shall be the law of New Zealand and any disputes shall be adjudicated in the New Zealand courts.