Terms & Conditions of Engagement

General Terms and Conditions of engagement with Forways Limited - trading as Visual Industrie

Definitions:
1. “Supplier” means Forways Limited trading as Visual Industrie
2. “Client” means the individual or organisation who engages with Visual Industrie for the provision of goods or services.
3. “Goods” means any goods, services, physical or digital products developed, produced or provided by the supplier.
4. “Job” or “project” means any specific project undertaken by the supplier for the client to provide goods.
Goods provided: The supplier provides a range of goods including - but not limited to - sign production, vehicle wrapping, apparel production, web development, and other general marketing services to its clients. The specific goods or services to be provided will be outlined in separate communication between the supplier and the client.
Payment terms: The supplier sets out the following terms for payment. Any variation to these payment terms must be agreed to in writing prior to the commencement of any project. Payment for product and services is due either:
1. Immediately upon completion of any project completed on-site at Visual Industrie, 239 High Street North, Carterton; or
2. Within 7 calendar days for any work installed outside of our studio
Payment method: The supplier accepts payment by cash, credit card or bank transfer. Credit card, paywave or other “card not present” payments will incur extra processing fees.
Copyright and Intellectual Property: All designs, concepts, and other intellectual property created by the supplier for the client shall be the exclusive property of the supplier, unless otherwise agreed in writing.
1. The client shall not use or reproduce any of the suppliers intellectual property without the suppliers express written permission.
2. Use of the suppliers intellectual property outside of the completed goods will be subject to a licensing fee.
Pricing: Quotes may be provided by the supplier to the client in writing.
1. Pricing is only valid for 30 days from the date of the quote unless otherwise stated on the quote.
2. The price represents a fair estimate of the goods to be delivered but may be subject to variation during the course of the project.
3. The supplier will notify the client of any variations to the price as soon as is practicable and before an invoice is sent.
4. The client shall be required to respond in writing to any variations to the price within 5 working days of being notified. Failure to do so will be deemed as acceptance of the variation.
Project timelines & milestones: Project timelines will be agreed upon in writing before commencement of any design or production begins.
1. Timelines will include adequate lead time for the purchase and preparation of all materials used to produce the goods.
2. The supplier will not be held financially responsible for any losses - financial or otherwise - arising from delivery timelines not being met.
3. The client agrees to meet all milestones as set out by the supplier and that any failure to do so will result in a delay to the completion of the project.
4. In the event that a project is delayed by the client failing to meet any milestone, the supplier may cancel or reschedule any installation booking and an administration fee may be charged.
5. Any delay caused by the client that impacts the supplier's ability to adequately prepare for any installation appointment or completion date will be considered a client-initiated change to the delivery date and may be subject to cancellation / rescheduling fees as per section 9 (below).
6. In the event the client chooses to pause or delay the project, all costs to-date will be invoiced by the supplier to the client immediately and will be subject to the supplier’s payment terms.
Design revisions: All quotes provided for projects that include design will include artworking time.
1. The artworking time in each quote allows for a maximum of two revisions to the artwork.
2. Any and all revisions after the initial two will be charged at the suppliers standard hourly rate.
Scheduling, cancelling and rescheduling appointments: All projects will include an installation or delivery date. This will be scheduled either at the start of the job or at a point during the project as appropriate.
1. The supplier agrees to adhere to these delivery dates where possible.
2. installation appointments may be subject to change based on factors including (but not limited to) material availability from suppliers, courier delays, or weather conditions, etc. The supplier will not be held liable for any delays caused by these or similar external factors.
3. The client must advise the supplier of any changes required to booking dates as soon as practicable.
4. Appointments changed by the client within 2 working days of the appointment will be subject to a cancellation / rescheduling fee equal to either 2 hours or 50% of the scheduled service (whichever is more). This fee is payable before the client can reschedule the appointment.
5. Appointments changed by the client within 1 working day of the appointment will be subject to a cancellation / rescheduling fee equal to either 4 hours or 100% of the scheduled service (whichever is more). This fee is payable before the client can reschedule the appointment.
Commencement of projects: No work will be undertaken on any project until the supplier is satisfied they have sufficient information and resources with which to proceed. This may include - but is not limited to - measurements, sizing, correct wording, location, deadlines and delivery dates. These may be requested from the client or collected by the supplier via site survey as agreed between the client and supplier.
Design approval: All projects requiring design or art-working will require written approval from the client before production and delivery.
1. The supplier will take all practicable steps to ensure that the final artwork or wording of the goods is free from spelling and grammatical errors, however responsibility for accuracy is the responsibility of the client.
2. The client will be responsible for all remediation costs for any errors that exist in the final goods once approval of the final artwork has been given, assuming the errors have not been introduced during production.
Defects The client shall inspect the goods on delivery and shall within seven (7) days of delivery notify the supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The client shall afford the supplier an opportunity to inspect the goods within a reasonable time following delivery or installation if the client believes the goods are defective in any way. If the client fails to comply with these provisions the goods shall be presumed to be free from any defect or damage. For defective goods, which the supplier has agreed in writing that the client is entitled to reject, the supplier’s liability is limited to either (at the supplier’s discretion) replacing the goods or repairing the goods.
1. Goods will not be accepted for return other than in accordance with 12 above, and provided that:
  1. the supplier has agreed in writing to accept the return of the goods; and
  2. the goods are returned at the client’s cost within seven (7) days of the delivery date; and
  3. the supplier will not be liable for goods which have not been stored or used in a proper manner; and
  4. the goods are returned in the condition in which they were delivered or installed and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
2. The supplier may (at its discretion) accept the return of goods for credit but this may incur a handling fee of ten percent (10%) of the value of the returned goods plus any freight, travel and removal costs.
3. Goods made to the client’s specifications and in accordance with manufacturers instructions or recommendations are not acceptable for credit or return.
Warranties
1. For goods or components of goods not manufactured by the supplier, the warranty shall be the warranty provided by the manufacturer of the goods.
2. For goods or components of goods not manufactured by the supplier, the supplier will endeavour to produce or install all goods in accordance with instructions and recommendations from the manufacturer of the component materials and ensure that all delivered goods are fit for purpose.
3. The supplier provides no further warranty beyond those provided by the manufacturers unless otherwise required by law.
4. If the client is acquiring goods for the purposes of a trade or business, the client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of goods by the supplier to the client.
Confidentiality: The supplier agrees to keep all confidential information of the client confidential. The supplier will not disclose any confidential information to any third party without the client's express written permission.
Limitation of Liability: The suppliers’ liability for any damages arising out of or in connection with the goods or services provided shall be limited to the amount of the fees paid by the client for such goods or services. The supplier shall not be liable for any indirect, consequential, or punitive damages.
Agreement & implied agreement: These terms and conditions of engagement are and will remain freely and publicly accessible at all times. The supplier and the client agree that:
1. The supplier will notify all clients of this document before commencement of any work.
2. The supplier does not require written agreement of these terms and conditions from the client. It is implied that the client has agreed to these terms and conditions at the commencement of work.
3. No variations to these terms and conditions will be made between the initial consultation with the client and delivery of the goods without prior agreement between the supplier and the client.
Governing Law: This agreement shall be governed by and construed in accordance with the laws of New Zealand
Scope of terms & conditions of engagement: This document constitutes the general terms and conditions of engagement between the supplier and the client and may be subject to more specific terms and conditions as laid out in project contracts or other agreements.