1.1 These terms and conditions (“the terms”) govern every contract made between Hench for the supply of goods and services to any person, firm or company (“the client”).
1.2 The terms prevail over any written terms and conditions of the client.
1.3 Any variation to the terms must be agreed in writing by a director of Hench.
1.4 All contracts between Hench and the client will be governed by Australian law and the parties agree to submit to the exclusive jurisdiction of the Australian courts.
2.1 The client will pay Hench the fixed fee or current charge - whichever is agreed at the time of instruction.
2.2 Hench will invoice the client at 28 days if feedback is not received to progress the clients project.
2.3 Invoices from Hench to the client for supply of goods or services should be paid in full no more than 14 days from receipt of invoice, by cheque or secure bank transfer.
2.4 Hench reserves the right (without disclosing a reason) to demand payment for work on collection at any time.
2.5 The client will pay Hench any expenses incurred in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3.1 Orders for work must be given in writing to Hench by the client.
3.2 Not withstanding clause 3.1, if Hench accepts a verbal order from the client Hench will not be held responsible for any mistakes (made by either party) arising from that verbal order.
3.3 Hench reserves the right to refuse to accept any order.
4.1 All quotations given by Hench will be valid for 28 days from the date of quotation.
4.2 If the client's final order changes the original specification made for the quotation, Hench reserves the right to vary the quotation.
5.1 Turnaround times that are quoted for any works are normal target times only, and Hench accepts no liability for failure to meet these times, though we shall always endeavour to do so.
6.1 Some transparencies and/or negatives do not have the exact same proportions as certain paper sizes. If this is the case, the client must inform Hench if they require the full image area or if the image should be cropped to fill the desired print size. If no instructions are given Hench will design the full frame.
7.1 It is up to the client to determine which print finish should be used. Hench will decide, at its sole discretion, which print finish to base a design on if this information is not given. Advice should be requested and will be given concerning print finishes.
8.1 Hench will not accept responsibility for loss of earnings to the client for data that cannot be transferred. It is solely the responsibility of the client to ensure the receiving end of the data transmission and has an active compatible computer. It is also the responsibility of the client to ensure the correct data address is given to Hench.
9.1 Hench will include three (3) edits of a finished work.
9.2 An edit is defined by a piece of work amounting to one hours labour by Hench to perform the change to the design.
10.1 If any items of work including prints and original files belonging to a client are not collected after 12 months of the requested work being done, Hench reserve the right to dispose of such material.
11.1 Hench claims no copyright in material submitted to us for the purposes of fulfilling the client's instruction.
11.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers that are now or hereafter as required for all copying, processing, scanning, printing and manipulation to be undertaken of submitted works by Hench.
11.3 The client warrants that Hench, carrying out the requested work by using the submitted materials, will infringe no copyright or moral rights.
11.4 The client agrees to indemnify Hench against all losses, damages, claims or expenses which Hench may incur by virtue of any breach of the above warranties.
11.5 All works created by Hench, including those using submitted materials, belong to Hench until such time as any outstanding invoice is paid in full.
11.6 Hench reserves the right to reproduce and otherwise utilise any works, including concept work, for the purposes of marketing, advertising and promotion of Hench.
12.1 The client must contact Hench concerning details of an invoice within 7 days of the date of the invoice.
12.2 Hench's liability to the client or any other party for the loss including theft, or destruction or damage to any materials provided by the client which are deposited with Hench for whatever reason;-
12.2.1 Will be limited to the replacement cost of the actual material and;
12.2.2 Hench will not be liable for the cost of reshooting or reprinting the material contained on the material and;
12.2.3 Hench will not be liable for any loss or damage to the client or any other party including loss of income and;
12.2.4 It is the clients responsibility to insure against such loss and damage.
12.3 Hench will not be liable for failing to complete any contract between Hench and the client due to circumstances beyond Hench's control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.