Artwork Terms & COnditions
The client does hereby agree with AAC Event Specialists (AAC) that the following Terms & Conditions shall apply to all product artwork prepared by AAC on behalf of the client:
1.1: Upon supply, the artwork approval form (including the Terms & Conditions following hereon) constitute the entire agreement between the parties relating to the applicable/relevant subject matter. No changes can be made to the artwork approval form unless mutually agreed to in writing by both parties. Verbal artwork instructions will not be accepted under any circumstances.
1.2: Any and all information regarding artwork contained within the artwork approval form constitutes a standing order for products to be completed on behalf of the client by AAC. The client shall not be entitled to request changes to artwork specifications once the order has been placed. Any changes to the standing order will only be made through completion by the customer and acceptance by AAC on a separate artwork approval form in which acceptance AAC may withhold in its sole discretion.
1.3: No order by the client is deemed to be accepted by AAC until the client’s credit has been approved by AAC; the client’s artwork has been approved by AAC; and, the client’s order has been processed by AAC. The client will pay for any and all orders placed in accordance with the Terms & Conditions of Trade and no cancellations, exchanges or returns are permitted at any time.
1.4: The client accepts full responsibility for the number, colour and type of products, graphics and other specifications as per the sales order and artwork approval form.
1.5: There are no guarantees or warranties including, without limitation, any warranties of merchant ability or fitness for a particular purpose with respect to the products including, without limitation, product colour or quality levels.
1.6: The client acknowledges and agrees that small and/or detailed print and/or logos may not print clearly and that colour and quality variances may occur.
1.7: The client acknowledges that in respect to printed items that general wear and tear will occur resulting in some loss of print compared to the original product.
1.8: While AAC takes the utmost care, when the client requests a match to PMS, CMYK, RGB or any colour charts, due to the textured finish of the types of products (“goods”) available through AAC, there will almost certainly be variances from the specified colour by the client.
1.9: The client specifically disclaims any right to discounts, rebates and the like.
1.10: AAC shall not be liable to the client for any claims, costs or expenses relating to any delays, failure to perform or causes beyond AAC’s control including, without limitation, fire or other casualty, acts of God, labour disputes, difficulty in obtaining supplies, war or other violence or any governmental law, order or requirement.
1.11: AAC’s liability to the client on account of errors or omissions regarding product artwork shall in no event exceed the amount that AAC charges the client for such products.
1.12: The client represents and warrants to AAC that the client has full legal interest, right and title in and to the artwork requested.
1.13: The client shall indemnify AAC, its directors, employees and officers free of any connection with, arising out of or related to any third party claim as a result of, relating to or in connection with artwork that is defamatory, libellous, which breaches any intellectual property rights, which contravenes any law, regulation or requirement of any governmental body or for any other reason.
1.14: If any provision contained herein is found by a court of competent jurisdiction to be illegal, invalid or unenforceable in any respect, such provision shall be struck and the legality, validity or unenforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
1.15: The client may not assign any or all of its rights or obligations hereto without the prior written consent of AAC, which consent AAC may withhold in its sole discretion.
1.16: Subject thereto, these Terms & Conditions pertaining to artwork approvals shall ensure to the benefit of and be binding upon AAC, the client and their respective successors and permitted assigns.
1.17: These Terms & Conditions are governed by the laws of Queensland and, where applicable, the Commonwealth laws of Australia. AAC submit to the non-exclusive jurisdiction of any Queensland court and waive any rights to claim that courts there are an inconvenient forum.