Terms and Conditions:
Sound Design Terms of Trade of Crescendo Entertainment Group Ltd.
1. By contracting Crescendo Entertainment Group Ltd (Crescendo) for work, you agree that you have read the terms and conditions. Any changes to terms and conditions must be received by Crescendo in writing 14 days prior to work and must be signed by both parties.
2. Invoices will be issued shortly after the completion of an order. A monthly statement will be sent shortly after the close of the month.
3. Where Crescendo designs any product, mechanism or sound product, the intellectual property rights for that product remain the property of Crescendo unless agreed in writing that the rights should pass to the customer. All work completed by Crescendo is subject to copyright and terms and conditions of trade. Reproduction or issue to third parties in any form whatsoever is not permitted without authority from Crescendo.
4. Unless otherwise stated, quotations remain available for acceptance for 28 days from the date of the quote, after which a revised quotation may be required. All quotations are exclusive of GST unless stated. All quotations are based on the conditions and specifications in the quotation, and cover all work and materials required to complete the order. Any variation or alteration to the specifications, brief by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.
5. Payments for invoices issued must be paid in full 7 days following the date of the invoice. Crescendo reserves the right to impose a credit limit at any time. Interest will be charged at a rate equal to the standard commercial overdraft rate applied by Crescendo Entertainments Group Ltd bankers plus 2% on all amounts outstanding from the customer to Crescendo after the due date for payment for such amount or amounts. Supply may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection and the customer is liable for any collection fees. Cost of debt recovery -The costs of debt collection are payable by the customer and/or guarantors. The customer and guarantors agree to reimburse Crescendo for all costs reasonably incurred by Crescendo Entertainment Group Ltd in recovering payments due from the customer and/or guarantors including but limited to legal costs assessed on a solicitor and client basis.
6. For large orders Crescendo reserves the right to request a deposit before commencing the job.
7. Payment is payable by direct credit via Internet. Bank account details for such payments are on the invoice.
8. Complaints regarding finished goods must be received by the supplier within a reasonable time in writing. What is a “reasonable time” will depend on the circumstances of each case.
9. Experimental and/or Creative work, preliminary samples and other creative work will be charged for by the supplier.
10. Proof Approval – Crescendo is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.
11. While any monies are outstanding by the customer to Crescendo, the customer grants to Crescendo the right to enter premises where goods are stored and remove them.
12. Termination of Contract -Where a contract is cancelled by the customer, all work properly done by the supplier will be paid for by the customer.
13. Electronic Images and/or Files – It is the customers responsibility to retain a copy of any file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files will be charged.
14.. Illegal or Libellous Material – The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
15.. Supplier’s Liability – Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply. The supplier will not be liable for any indirect or consequential loss to the customer arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by the supplier to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation is the customers responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier. The supplier shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other cause beyond the supplier’s control.