DUBSAT NEW ZEALAND LIMITED
CONDITIONS OF TRADING
1. PRICES
The prices contained in the quotation given to the customer are based on rates and costs at the date of the quotation in respect of materials, labour, freight and other charges. Any increase in the cost of any such item will be reflected in the customers account.
2. TERMS
(i) The terms of payment are net cash on the 20th day of the month following delivery of the duplicated tapes to the customer.
(ii) The duplication services provided by Dubsat New Zealand Limited may be invoiced as the work progresses and such invoices shall also be due for payment on the 20th day of the month following each invoice.
(iii) Interest at 18% per annum may be charged by Dubsat New Zealand Limited on any sums overdue.
3. ESTIMATES
Any estimates given by Dubsat New Zealand Limited to the customer shall be treated as a guide to the final costings only and will be non binding on Dubsat New Zealand Limited.
4. DELIVERY OF DUPLICATED TAPES AND COMPLETION
(i) Dubsat New Zealand LTD shall use its best endeavours to complete the duplicating services on the date specified in the quotation, but shall not be liable for failure to complete or delay in completing the duplication occasioned by any cause or thing beyond the control of the company.
(ii) Delivery of the duplicated tapes shall be deemed complete when Dubsat New Zealand Limited gives possession of the said tapes to a carrier (whether employed by Dubsat New Zealand Limited or not) for transportation to the customer.
(iii) The customer shall accept the duplicated tapes on the date specified for delivery in the quotation, or if Dubsat New Zealand Limited is unable to make delivery at this time then a later date on such a later date as Dubsat New Zealand Limited is able to make delivery.
5. INDEMNITY
The customer will indemnify Dubsat New Zealand Limited should any production or performance be rendered incapable of completion by cause beyond the control of Dubsat New Zealand Limited. In addition, the customer will indemnify Dubsat New Zealand Limited against all fees, costs, expenses, damages, and/or other liabilities whatsoever incurred or suffered by Dubsat New Zealand Limited in respect of any copyright, royalties, performance fees or other proprietary right or claim of any kind by any third party relating to any recording made by Dubsat New Zealand Limited for the use of the customer, or to any master tape supplied to Dubsat New Zealand Limited by the customer.
6. LIEN
Dubsat New Zealand Limited shall have a general lien upon all tapes, discs and other goods of the customer in the possession of Dubsat New Zealand Limited for any sum or balance of amounts outstanding by the customer.
7. AFTER HOURS WORK
(i) The quoted price for the duplicating services is based, unless otherwise stated, on the assumption that the work can be carried out in the course of and during normal working hours. Dubsat New Zealand Limited reserves the right to charge extra for any work performed outside such normal working hours.
(ii) Dubsat New Zealand Limited reserves the right to charge extra where any additional work or materials are required and the need for which was not apparent from particulars given by the customer to Dubsat New Zealand Limited before the quotation was made.
8. DISCONTINUANCE OF WORK
Dubsat New Zealand Limited reserves the right to discontinue work at any time should there be non-payment by the customer of any progress invoices rendered by Dubsat New Zealand Limited pursuant to clause 2 hereof.
9. TAPES AND STORAGE
(i) Dubsat New Zealand Limited will hold all video tape stock used in duplicating service for three months and thereafter will be entitled to erase such stock on giving 21 days notification in writing to the customer.
(ii) The customer may require Dubsat New Zealand Limited to use tapes supplied by the customer for duplicating purposes, but the use of such tapes will be entirely at the customers own risk. All master tapes supplied by the customer will be stored for a period of up to 2 years by Dubsat New Zealand Limited and Dubsat New Zealand Limited shall be entitled to make a reasonable charge for storage.
10. LIABILITY
(i) The liability of Dubsat New Zealand Limited whether in contract or in tort for any loss or damage or injury arising directly or indirectly from any defect non-compliance of or defect of services rendered or any misrepresentation by Dubsat New Zealand Limited relating thereto, is limited to the replacement or repair of such defective, noncomplying or misrepresented services for damages not exceeding the invoice value of the same, of the same option of Dubsat New Zealand Limited.
(ii) Dubsat New Zealand Limited shall not be liable for any consequential indirect or special damage or loss of any kind whatsoever.
(iii) Claims on any grounds must be made by the customer in writing within 30 days after receipt of the duplicated tapes by the customer, otherwise they shall be deemed to have been waived.
11. VARIATIONS IN QUANTITY
Every endeavour will be made to deliver the correct quantity ordered but quotations are conditional upon a margin of:
(i) Overs one percent of whole one hundreds plus one.
(ii) Unders of three percent of whole hundreds minus one.
12. INTERPRETATION
(i) "Dubsat New Zealand Limited" means Dubsat New Zealand Limited and/or any subsidiary or related company thereof.
(ii) "The Customer" refers to the person firm or company to whom a quotation was submitted and who subsequently accepted the same.
(iii) "Services" means those services specified in the quotation form to be performed by Dubsat New Zealand Limited for the customer.