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Terms and Conditions

Introduction

By placing an order with Prolab the client accepts these terms and conditions of trade. These terms and conditions govern every contract made between Prolab for the supply of goods and services to any person, firm or company etc (‘the client’). The terms prevail over any written terms and conditions of the client. Any variation to the Terms must be agreed to in writing by a Director of Prolab.

1. Payment and Credit

All orders placed with Prolab, by non-credit account clients, are to be either pre paid or paid on collection according to the payment terms of the service ordered.

Prolab reserves the right to charge a percentage deposit of any job value, prior to job commencement. Prolab requires a firm deposit of 50% of the total quoted price of any job over $1000.00 including GST. Work will not commence until this deposit is received. The remaining 50% is to be paid on or prior to collection or delivery as agreed. In the event that the final payment is not made within 60 days of Prolab requesting payment, the 50% deposit will be deemed forfeited. Methods of Payment - Prolab accepts - Cash, Cheque, Eftpos, Bankcard, MasterCard, Visa, Amex and Direct deposit.

Credit is available for the purchase of our commercial goods and services. Credit can only be extended upon application to approved account customers and these are accepted on payment terms, as stated in your account approval, being strictly adhered to. Credit terms will be reviewed and at Prolab’s discretion cancelled if this period is extended or if accounts fall below an average monthly spend of $100.00 per month including GST over a 12-month period.

Outstanding accounts will incur a charge of 1.5% per month on all balances beyond the accounts stated payment period. Prolab further reserves the right to alter or suspend credit terms, withhold the supply of goods or cancel unfulfilled orders when, in its opinion, the financial condition of the client or the status of the clients account requires it. Title to the goods as detailed in each invoice does not pass until payment is received in full.

Should you require an account a credit application form should be completed and will be submitted to our mercantile agents for processing.

2. GST

GST, at the current rate of 10%, is included in the net price except in the case of quotations and services listed "Tax not included" and must be added where applicable at the current rates.

For exemption of GST the correct exemption certificate should be provided with your order. Where an exemption of conditional rate certificate has been lodged Prolab reserves the right to charge for any GST payable on a further invoice in an instance where the commissioner of Taxation disputes the validity of the certificate.

3. Prices

Prices listed are applicable from September 2009 and supersede all earlier offers. Prices are subject to change without notice.

4. Copyright & Moral Rights

By placing an order the client declares their right to reproduce all material supplied. The client assumes absolute liability for any resulting violation of copyright in any action brought by a third party.

Prolab will claim no copyright in the material submitted to Prolab by virtue of work undertaken by Prolab on behalf of the client. The client undertakes that they will keep confidential and not use any ideas communicated by Prolab or its representatives to the client without Prolab’s written consent.

5. Liability

Every care is taken by Prolab to safeguard film, digital media and material left for processing and its remission to the customer. In the event of any loss or damage to that film, digital media and material in any way whatsoever and for any reason whatsoever (including negligence of Prolab or breach of copyright) whilst in the custody of Prolab its agents or subcontractors or whilst in transit back to the customer, such claim must be made within ten days of receipt and Prolab's liability shall not exceed.

(A) Replacement value of unexposed film left for processing.

(B) Prolab's charge for processing the relevant service.

Provided always that this limitation of liability does not affect the other rights and remedies in respect of the product (or service) which the customer has under the trade practices act. There is no warranty in respect of any colour variation in the processed film or prints. All special instructions by the customers to Prolab will not be binding on Prolab unless confirmed in writing in a clear and precise manner. Prolab has no liability in any way whatsoever for any instructions either.

(A) Not in writing

(B) In writing but ambiguously expressed

The customer acknowledges that this limitation of liability is

(A) Known to and accepted by the customer at the time of entering this contact by placing an order at Prolab

(B) Is reasonable in the circumstances

And

(C) May be pleaded by Prolab as a bar to any subsequent action by the customer and apart from the replacement film, films, digital media and materials are accepted by Prolab without any other warranty guarantee or liability of any kind whatsoever and recovery for any incidental damages is hereby absolutely and irrevocably excluded. All property supplied to Prolab by or on behalf of a client shall be at the client's sole risk whilst in the custody or possession of Prolab, its sub-contractors or agents, or whilst in transit.

6. Defects/Refunds

a) The Client shall inspect the Goods on delivery and shall within ten (10) days of delivery notify Prolab of any alleged defect, shortage in quantity, damage or failure to comply with the described service quoted or stated by Prolab. The Client shall afford Prolab the opportunity to inspect the Goods within ten (10) days or reasonable time following notification if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms of trade and free from any defect or damage.

b) For defective Goods which Prolab has agreed in writing that the Client is entitled to reject, Prolab’s liability is limited to either (at Prolab’s discretion) replacing the Goods or repairing the Goods provided that: The Client has complied with the provisions of clause 6 a;The Goods are returned at the Client’s cost within ten (10) days after notification.The Goods have been stored or used in a proper manner.The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

c) Prolab may (in its discretion) accept the Goods for credit but this may incur a handling fee of 10% of the value of the returned Goods plus any freight.

d) Prolab will honour the supplier/manufacturer warranty of any new, unaltered Goods supplied to the Client, if applicable.

7. Service Times

Listed for each service are estimated service times to process the work. Please do not budget too tightly and allow sufficient time for the completion of orders as listed services times may vary as work demands change. Prolab will use its best endeavours to ensure that orders are completed within the service times stated but will not accept any liability for damages or allow cancellation either entirely or in part in the event of failure so to do.

All service times are based on receipt of confirmation orders, which are clearly and correctly presented with all working elements required to produce the job. Service times cumulate per service request from one original. Work requested in less than advertised service times is available depending on workloads. A surcharge may be applied and is determined by arrangement.

8. Freight Deliveries

The prices charged by Prolab for services ordered are on a free-on board basis. It is the client’s responsibility to insure against any loss or damage to goods in transit to or from Prolab.

Pick-up and delivery is available in the metropolitan area by arrangement and return freight will be by Prolab’s chosen carriers or as per client instructions. Couriers, freight and insurance costs will be charged to the client at the current commercial rates. Clients wishing Prolab to arrange to insure parcels in transit should advise accordingly so that we can make the necessary arrangements.

9. Hours of Operation

While the laboratory’s operating hours are flexible according to demands our doors are open for trading Monday to Friday 8am to 5pm. Weekends and out of hours processing is by special arrangement.

10. Colour

Prolab cannot guarantee exact colour matching in the reproduction process of original artwork, film, electronic media, repeat orders when compared to the gamut in different batches of materials and the production processes of the services ordered. Where there are no specific instructions, colour management is done to lab standard according to service requested at the time of printing. However as reproduction of colour and density is very much a matter of personal perception and preference we welcome a reference print and brief to assist us in achieving your reproduction preference. Where client instructions and approved reference print is not inspected on submission of orders, claims cannot be accepted.

11. Print sizes

All prints are borderless and print sizes published in our price list are approximate as they are listed in imperial and metric and sizes are rounded when converting. Some digital files, Transparencies and Negatives do not have the same proportions as the print size ordered. Where there are no specific instructions, cropping will be at Prolab's discretion.

Please Note, when designing your products that due to production tolerances in printing and cutting equipment a safety margin should be considered so as not to lose important image elements. For any product, print or substrate, within 1/8"or 3.2mm of the published size is within industry tolerances, is considered acceptable, and will not be remade due to these issues.

Tolerance factors should always be considered when ordering prints that require either internal or external finishing services. If print sizes are required to be left untrimmed with bleed and crop marks included to comply with the finishing service specifications, then your image will need to be placed in a larger template for printing, for instance an 8x10 on an 11x14 template together with clear instructions on your order upon commissioning the work.

Trimming prints to exact sizes is charged at assembly rates. Orders that do not include a specific trimming request will not be remade due to lack of trimming to a required size or crop. Prints requiring finishing services of mounting will require a bleed of at least 5mm on all sides greater than the substrate size required.

12. Quotes

Prices charged are those ruling at date of despatch as per the current price list and exclude any previous quotation unless confirmed in writing by Prolab. We have the capacity to offer special quotations on large and unusual orders and a written quotation as per these arrangements will be supplied. Reference to this quotation will need to be supplied upon presentation of the order. If the client’s order differs from the specification on which the quote was based, then Prolab reserves the right to vary the quote.

13. Discounts

Quantity discounts listed against the various services in the price list apply to quantities of that service ordered at the one time from one original negative, transparency or digital file supplied where there is no alteration to cropping or any other instruction whatsoever.

Percentage discounts where applicable from the list price apply upon application to account customers who meet the conditions under which discounts are extended and are based on annual turnover.

14. Uncollected Goods and Storage

Prolab will not be responsible for storing any material, film and electronic data or other media when the order has been completed. Any goods of the client that have not been collected within 12 months of completion of the work will be disposed of or destroyed. Prolab will not accept any liability for any loss or damage sustained by the client as a result of this action. While Prolab will make efforts to contact a client regarding uncollected goods, Prolab is under no obligation to succeed in informing the client prior to or after the disposal.

15. Privacy Policy

Prolab Pty Ltd is committed to observing the National Privacy Principles as set out in the Privacy Amendment (Private Sector) Act 2000 (effective December 2001). Prolab is committed to the privacy of its clients’ information and all personal information that we hold is covered by this privacy policy. Prolab Pty Ltd collects and holds client information for billing purposes as well as to assist us research and better administer and manage the services that we provide to our clients.

a) Collection of Information

We will collect personal information in a lawful and fair way at all times and advise you where and how to contact us. We will advise you why the information is being collected. If you do not want to provide the information we will advise you of the consequences. If the information is collected from a third party we will take reasonable steps to advise you that the information had been collected.

b) Use and Disclosure of Information

Personal information will be disclosed only in accordance with the Act. Therefore we will only disclose information if: a) we have your consent. b) We are required by law to do so, or, c) it is otherwise permitted under the Act Prolab may also use collected information to promote and market goods and/or services that we consider may be of interest or benefit to you. If you do not wish us to contact you regarding other services or promotions, please advise us in writing via post or email to the addresses provided at the end of this document.

c) Data Quality of Information

We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up-to-date. Naturally the accuracy of any such information is largely dependent on details provided by the client. Prolab recommends that any person/s or organisations that have information held by our company: 1) inform us of any known errors in the information kept2) keep us up-to-date with any changes too personal or company information. Should you need to advise us of any errors or changes to your personal information, please advise us in writing via post or email to the addresses provided at the end of this document

d) Data Security of Information

Prolab will take reasonable steps to protect the personal information that we hold from misuse, loss or unauthorised access, modification or disclosure. We will also take reasonable steps to destroy or make nonidentifiable, any personal information that is no longer required by Prolab for the purposes for which it was collected. The Privacy Policy and our own established codes of business conduct commit us to safeguarding all client information that we collect. Prolab utilises appropriate security measures and up-to-date software to protect clients’ personal information. All security procedures are monitored and updated regularly.

e) Openness of Information

This policy is available upon request and may be subject to change according to the Act. For information on the Act, please refer to HYPERLINK "http://www.law.gov.au/"www.law.gov.au

f) Accessing Information

Individuals and corporations have a right to access their own personal information held by Prolab, subject to some exceptions under the Act. For security reasons, any person/s wishing to access their information may be asked to put this request to Prolab in writing, and may be also be subject to further security checks should Prolab deem it appropriate.

g) Sensitive Information

We will not collect sensitive information about an individual unless: a) the individual has consentedb) the collection is required by law orc) it is otherwise permitted under the Act.

h) Enquiries If you have any queries regarding the Prolab privacy policy, or feel we have breached this policy in any way – please contact us via the company details page shown on the website.