Terms of Agreement
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“Seller” means Mills Typeset Ltd trading as Fuzed, registered in New Zealand, (in these Terms and Conditions also means ”Fuzed”) whose registered office is at 4 Western Springs Road, Kingsland, Auckland 1021 New Zealand.
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Basis of Sale
- These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
- Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
- The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Specifications
- All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
- The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
- The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system CMYK used by Fuzed.
- The Seller endeavors to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor.
4. Price, Payment and Currencies
- Prices are clearly marked as being either inclusive or exclusive of GST. GST is added based on the final value of your order in the check-out process, at the rate applicable to your country. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
- Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
- The Seller is multi-currency enabled, which means the Buyer can select the currency of his/her choice for viewing product prices and shopping cart summaries.
- The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card or debit card details before accepting the Buyer’s Order.
5.1 Digital Colour Proofs: Fuzed will produce a colour proof that will best represent the actual print job but cannot guarantee 100% colour accuracy on prints.
5.2 Offset Colour Proofs: will be best matched to a digital proof, production will be best match possible to sample provided. Real time colour proofing of offset print jobs should be done with a press pass and can be arranged with your account manager.
5.3 Lenticular Colour Proofs: Fuzed will produce an onscreen movie proof and, if required, a digitally printed colour proof. Real time colour proofing of fine gauge lenticular print (60 LPI and above) should be done with a press pass which can be arranged with your account manager.
5.4 in all instances of proofing, due to the in production methods as well as the variation in environmental conditions we can not guarantee 100% colour accuracy but will do our best to match. differences
5.5 If we cannot match the colour we will make contact and discuss before proceeding with the balance of the print job.
5.6 Fuzed will match colours within a value of Delta E Level 5.
- The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
- The Seller will endeavor to process the Order and manufacture the Goods within the time period stated for each item. However manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
- The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
- The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments.
- If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
- Goods may not be returned to the Seller except as provided in Condition 7 below.
7. Risk and Property
Risk of damage to or loss of the Goods will pass to the Buyer upon delivery to our chosen carrier. Property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
8. Returns, refunds and rights of cancellation
- The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
(ii) in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 7 days after receipt)
(iii) In the case of faulty or damaged Goods, the Seller must return the Goods in question, unused and in their original packaging, to the Seller. The Seller will either replace the Goods in question or offer a credit refund. The Seller has sole discretion in choosing the method of compensation.
9. Rights to Artwork
Through the use of the website, the Buyer acknowledges that the Seller is a service provider. The Seller assumes that the Buyer has the rights to the artwork which is provided to the Seller and in no circumstances will the Seller be responsible for any copyright infringements borne by the Buyer.
10. Intellectual Property
This website is owned by the Seller. The Seller owns the copyright with respect to all content on this website. All rights to content, services, and server information are reserved.
11. Removal/Rejection of Material
The Seller reserves the right at any time with or without the Buyer’s prior consent to discard from this website all personal information, data and artwork and all other materials of the Buyer and to prevent the Buyer from gaining access to any such data on this website.
The Seller has the right to reject any materials which is considered to be obscene, in bad taste or inappropriate.
12. Data Protection
The Seller collects personally identifiable information from the Buyer for the use of this website.
The collected data is used to check credit card details, to pay the Buyer’s account and to communicate with the Buyer.
The Seller is committed to protecting the Buyer’s personal information and in no circumstances will the Buyer’s information be passed on to third parties without consent except for legal reasons.
The Buyer reserves the right to edit or cancel his/her account without notice.
13. Limitation of Liability
The Seller will not be liable in any way for loss, damage, costs or expenses arising directly or indirectly from any failure of delay in performing any obligation under this contract.
The Seller will not be liable in any way from direct or indirect damages for any use of Fuzed website.
14. Effective Date
This Agreement was last updated on January 1, 2020.