Terms of Trade
Terms of Trade
Effective 1st September 2008
All transactions between us are subject to our Terms of Trade as contained herein and subsequently amended.
Prices quoted exclude freight and taxes unless specified otherwise. Packing and freight charges are detailed in our price lists. We reserve the right to change our product specifications and prices at any time.
Discounts: Full list price applies except as per any discounts listed in our current price list.
Payment: We do not offer credit facilities. As goods are customised and specially made to your order, and we require payment in full before we start production.
Credit cards: We accept Mastercard and Visa. In the interests of security we recommend you send us credit card details by fax rather than over the Internet. We will hold your credit card details on file if you wish. Alternatively, you can make payments yourself on our secure Intranet site.
Residents of Australia, Canada, New Zealand, United Kingdom and the United States: your invoices will be expressed in your currency. We charge Sales Tax, GST or VAT as appropriate, clear your orders through Customs and deliver door to door. Residents of the Euro zone and all other countries: your invoices will be expressed in Euros (residents of the Euro zone) or US Dollars (all other countries). We deliver door to door, but you are responsible for payment of any taxes, duties and clearance fees.
Confirmation of orders: We reserve the right to require confirmation of your order as a condition of supply. Provided we agree, and subject to conditions, regular clients can opt out of the confirmation process: please contact us for details. Unless we have agreed to exempt you from confirmation we will send you (by emailed PDF file or fax as you prefer) a print-out of your order and album plan as we have interpreted it for manufacture - including a graphical representation of all matted page layouts. We will not then process your order until we have written confirmation from you that our interpretation is correct. Our order confirmation and your acceptance of it (not your original order to us) will then form the basis of the contract between us.
Delivery: We advise a current estimated delivery time when your order enters production, ie once (a) we have received all the details of your order including, as required, copy album orders, page layout and cover image files, prints for binding and personal text for cover motifs or titles, and (b) your order has been confirmed and paid for. We make every effort to supply within the time we advise but do not guarantee to do so. Note the clock doesn’t start “ticking” until your order has been confirmed and paid for. If we experience problems with your printing files (eg unexpected quality problems, non-compliance with our file specifications) your order will need to come out of the production queue until these issues are resolved, and delays will result.
If you want to set a deadline (“must-go date”) for your order: Our order processing staff can enter a “must-go” alert against your order provided that the production time required to process your order is NOT shorter than our current standard turnaround time (in other words, won’t require moving your order ahead of orders already in the queue). You can expect our staff to advise you of factors that could delay your order (eg materials out of stock). Must-go deadlines that are shorter than our current standard turnaround times require authorisation by our production manager and in fairness to all our clients will normally be declined.
Authority to print images: You confirm that whether by way of copyright ownership or otherwise you have authority to and do grant us permission to print all the images you submit to us and that you will indemnify us from any liabilities or costs that we may incur as a result of claims to the contrary.
Warranties: Our products are handmade to the highest standards to carefully detailed designs. We are proud of and guarantee their quality. If any defect in material or workmanship develops within two years of purchase (normal wear and tear, accidental damage and misuse excepted) the faulty product will be repaired or replaced free of charge.
Please note - Genuine leather covers are our specialty. We buy only the finest hides, which we then selectively cut and process to enhance their inherent quality. Since leather is a natural material, the appearance of each album may show variation in texture, grain, range marking and density. Along with its durability and luxurious handling qualities, it is this individuality that gives leather its appeal – and distinguishes it from synthetic imitators.
Since man-made materials may also vary between production batches, albums supplied may vary slightly in colour and/or finish from the samples supplied in the Premier Swatchbook.
We operate and maintain our printing equipment and materials to the highest standards, but as colours may change over time, colour prints are not guaranteed against change. If in our judgement your image files or album designs may not meet our standards we reserve the right to decline to proceed with the work or to proceed only on the basis that you accept responsibility and will not make any claim for the results.
Limit of liability: Our liability under all claims is limited to the replacement or repair of the goods lost or damaged or at our own discretion their value in cash. We are not liable for any consequential loss or damage or loss of profits however that loss or damage is caused or arises. Orders, album designs and image files sent for manufacture or printing are accepted on the basis that they are copies of originals retained in your possession and that their value is limited to the cost of creating another copy.
Claims for faulty goods and damage in transit: Your order will be carefully inspected and packed before despatch and will be insured in transit. You must inspect your consignment for visible damage before you sign for receipt. If goods are damaged in transit the Customer must retain all packaging and notify both us and the Courier immediately. We will re-supply any product which is not delivered as per your order or order confirmation (whichever is applicable) but you must claim within seven working days. At our discretion we may request you to repack securely goods that are faulty, damaged in transit or incorrectly supplied for shipment back to us at our expense. If so requested, this is a condition of re-supply.
Other returns: As goods are customised and specially made to your order, they cannot generally be accepted for return. In any case such returns will only be accepted by prior arrangement with the Supplier and subject to a handling fee. In such cases the cost of return freight is the Customer’s responsibility.
Title: Title in the goods we supply you shall not pass until they are paid for in full, including the additional charges (freight and tax) referred to above, and we reserve the right to recover possession of the goods in the event of any default in payment.
Change of ownership: You will advise us of any change in your ownership. In the event of change of ownership we reserve the right to cancel or suspend any credit facilities.
Default: In the event that payments are not made by the due date we may suspend fulfillment of further orders from you but failure to do shall not negate any of our other rights or remedies. Should you default in payment or be placed in receivership, wound up, declared bankrupt, or otherwise become insolvent, then in addition to any other rights or remedies we may demand immediate payment of all amounts then unpaid and cancel or suspend fulfillment of further orders from you. Any expenses incurred by us in recovering any outstanding monies, including debt collection agency fees and legal fees, shall be recoverable from you.
Disclosure of information: In the event of default you authorise us and third parties acting as our agents to supply and disclose appropriate information relating to you to obtain payment. You may access and correct this information. Right to refuse supply: Because we are wholesalers and because our product is marketed through a limited number of Customers, we reserve the right to refuse further supply to Customers who do not place regular business with us.
Enforcement and variation: These Terms of Trade take precedence over your own terms and conditions, including any terms and conditions that may be printed on your order forms or other documentation. In the case of any conflict between these Terms and any other document presented by us, these Terms shall prevail. These Terms shall not be modified or varied unless we agree to in writing. If we fail to enforce any terms or conditions or fail in any way to exercise our rights under these Terms of Trade, we shall not be deemed to have waived those rights with respect to any subsequent breach of any term or condition or right. If any provision of these Terms of Trade is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect.
Australian Customers: Queensberry is the trading name of Queensberry Albums Pty Ltd, ABN 24 083 003 301. All contracts for the supply of goods and services are subject to the laws of Australia.
UK Customers: Queensberry is the trading name of Queensberry Albums (UK) Ltd, Company Number 04537019. All contracts for the supply of goods and services are subject to the laws of the United Kingdom.
All other countries: Queensberry is the trading name of Queensberry Limited, a private limited liability company registered in Auckland, New Zealand. All contracts for the supply of goods and services are subject to the laws of New Zealand.