Terms And Conditions
PHY Resources Terms and Conditions (Updated January 2017)
1. Quotations
1.1 All prices quoted are based upon work required to fulfil the client's instructions and are valid for a period of 10 days from the date of the quote.
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc and they are subject to amendment by PHY Resources before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order.
2. Customers Instructions
2.1 Once accepted by the customer (either verbal or written), PHY Resources written quotation shall be deemed to interpret correctly the customers instructions. Where verbal instructions only are received, PHY Resources shall not be responsible for any errors or omissions due to misinterpretation of those instructions.
2.2 Other than only by way of correction will any customer additions or alterations to copy be made after a proof is submitted and will be charged for as authors corrections.
3. Colour Matching & Pre-Press
3.1 Unless otherwise specified, all products are printed with a full colour CMYK process and, as with any full colour work, colour matching is not guaranteed. Please note that, through the full colour print process, print colour may vary from print to print, stock to stock, front to back, and first product of the run to the last product of the run. This is a natural, unavoidable aspect of full colour print. Celloglazing finishes may also affect colour output.
3.2 PHY Resources will not reprint for any shade discrepancies. Our bulk running system does not allow for this.
3.3 All 'print-ready' jobs supplied will be printed as supplied. Whilst all care is taken in checking your files for file related errors that may reduce the quality of your job, PHY Resources accept no responsibility for files that do not meet the required specifications.
3.4 PHY Resources does not offer colour matching on ANY printed jobs as standard practice. However, this service is available at an additional charge to the client. Unfortunately, not all colours are achievable using certain printing methods.
3.5 Proofs provided by PHY Resources, whether by digital (pdf form), or, physical, are an indication of the final printed product only. Variations in colour or trim can be a result of the printing process, no reprints at our cost will be printed.
3.6 Our printed products may have colour variations from what you have seen on your screen/monitor, to what the final printed product looks like. Variations between the front and back of the card, and previous orders can also be expected. This is the nature of CMYK offset, and digital printing, and also of bulk-run printing.
3.7 PHY Resources supplies its products printed primarily by a CMYK colour printer. Various conditions affect colours printed by the CMYK processes, and for this reason PHY Resources will not be held responsible for any reprint as a result of colour variations and fluctuations. PHY Resources will only accept 'print-ready' artwork that has been set up to comply with our specifications.
3.8 PHY Resources can never guarantee colour accuracy unless a spot colour or Pantone colour is ordered. In addition, PHY Resources is not responsible for files submitted in the RGB colour space and will automatically convert the colour profile to CMYK, which will cause some colours to change.
4. Digital Printing & Quality
4.1 Digital printing may at times produce some "blotchy" or “uneven” colour effects which is the nature of digital printing. No reprints as a result of these effects will be printed at our expense.
4.2 Digitally printed products have a different process and quality from our standard offset-printing, the digital process may produce "blotchy" printing results and "uneven" colour coverage. Spots and random marks are common with digital printing, and cannot be avoided. Trimming of digitally printed products may shift up to 3mm in any direction, therefore our artwork guidelines should be properly adhered to, to minimize risk of trimming affecting the look of the print. No reprints at our cost will be printed.
5. Suspension of Orders / Design / Print Jobs
5.1 The suspension or discontinuation of any job, for any reason whatsoever, shall entitle PHY Resources to 80% payment from agreed total Invoice amount. This may include graphic design time, colour proofs, etc.
5.2 A cancellation/admin fee of USD 500.00 (per job) will be charged for any jobs that have been booked in and started, and then suspended/cancelled by the Customer, for any reason whatsoever. This is in addition to any other charges that may apply as per clause 5.1.
5.3 Jobs suspended for a period of 30 days will be considered cancelled by the Customer, unless otherwise notified in writing and cancellation charges and other fees will apply and be applied to the outstanding amount immediately, as per clauses 5.1 and 5.2.
6. Placing and / or Cancelling Orders, Returns Policy
6.1 Orders cannot be cancelled except upon terms, which compensate PHY Resources for all work done, materials used or specially acquired to complete the order, to the date of the cancellation. When ordering with PHY Resources, you are agreeing to place your order in accordance with our terms and conditions.
6.2 Cancellation of an order after design/setup has been completed shall entitle PHY Resources to payment to 80% payment from agreed total Invoice amount. This may include graphic design time, colour proofs, etc.in full for the portion of work completed.
6.3 A cancellation/admin fee of USD 500.00 (per job) will be charged for any jobs that have been booked in and started, and then suspended/cancelled by the Customer, for any reason whatsoever. This is in addition to any other charges that may apply as per clause 6.2.
6.4 Should a received/completed order have a fault or error, the printed product in its entirety must be returned to PHY Resources within 7 days of invoice date, upon which Management will review the individual case. PHY Resources will not accept any responsibility for any errors or omissions where a proof (whether by email, or physical) of the latest revision has been approved by the client.
7. Payment
7.1 The Customer shall pay a deposit of 50% of the invoiced amount prior to commencement of any print order, with the balance amount to be paid prior to dispatch. Payment shall be made to the bank account nominated in writing by PHY Resources. Time for deposit payment shall be of the essence as manufacture and fabrication of the Order will not commence until a deposit payment is received.
7.2 No payment shall be deemed to have been received until PHY Resources has received cleared funds.
7.3 GST (Goods and Services Tax) shall be charged on the total invoice amount in line with current GST legislation. This terms applied to local companies ordering from our local Sole Country Distributors only.
7.4 All prices are subject to change without notice. Terms and Conditions are subject to change without notice.
7.5 Non-payment – an administration charge of USD 1,000.00 will be added to the unpaid amount before the debt is forwarded to a collection agency.
7.6 Collection Costs – Any and all collection costs for unpaid and/or overdue accounts, including dishonour fees, search fees, legal fees etc will be the responsibility of the customer, and passed on to the debt collection agency along with the full amount outstanding.
8. Risk
8.1 The goods are at the risk of PHY Resources until delivered to the customer, or, collected by the customer.
8.2 PHY Resources shall have no liability for any loss or damage to the goods when in transit.
9. Liability
9.1 To the fullest extent permitted by law, except as provided herein, PHY Resources shall not be liable to the customer in contract or tort (civil wrong) for any loss or damage or for the consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of PHY Resources negligence, or in any way whatsoever.
9.2 PHY Resources liability for a breach of a condition or warranty is hereby limited to:
1. In the case of goods, any one of the following:
a) The replacement of the goods or the supply of equivalent goods:
b) The payment of the cost of replacing the goods repaired: or of acquiring equivalent goods:
2. In the case of services:
a) The supply of the services again: or
b) The payment of the cost of having the services supplied again.
9.3 PHY Resources will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact discs or other media supplied by the customer to PHY Resources.
9.4 Subject to paragraph 10.3 hereof, PHY Resources will not be liable to the customer for damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of PHY Resources to exercise due care and skill in handling or storing such property of the customer.
9.5 Force Majure, PHY Resources will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer because of PHY Resources failure to observe these terms and conditions where such failure is occasioned by any cause beyond PHY Resources reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
9.6 Delivery. The delivery terms made known to the customer are estimates only, and PHY Resources shall not be liable for any late delivery or non-delivery, and under no circumstances shall PHY Resources be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
10. Copyright
10.1 Artistic works authored by PHY Resources shall remain the property of PHY Resources, unless there is specific agreement to the contrary, at the time of PHY Resources is in acceptance of your order.
10.2 The Customer has warranted to PHY Resources, and PHY Resources has accepted the customers warranty that the customer has copyright in or a license to authorise PHY Resources to reproduce all artistic and literary works supplied by the customer to PHY Resources for the purpose of the order and the customer hereby expressly authorises PHY Resources to reproduce all and any of such works for the purposes aforesaid.
10.3 The Customer indemnifies and agrees to keep indemnified PHY Resources against all liability, losses or expenses incurred by PHY Resources in any way directly or indirectly connected with any breech of copyright on materials supplied by the customer.
10.4 The customer is hereby granted a non-exclusive license to use the copyright works created by PHY Resources for the purposes of the order, however, such license is conditional upon PHY Resources having received all monies due to PHY Resources under these Terms and Conditions.
10.5 It is the clients’ responsibility to ensure that any artwork is not in violation of any copyright laws, PHY Resources assumes that your artwork is legally yours, or you have the correct permission to print it.
11. Limited Warranty
11.1 PHY Resources warrants its products to be free from defects in material and workmanship for a period of 1 year from the date the product is delivered.
11.2 PHY Resources is not responsible for shipping costs for returns of defective supplied products.
11.3 PHY Resources reserves the right, during its internal Quality Assurance testing, to remove any defective units found from the Order, prior to delivery to Client, and shall notify Client of same. Only defective units in excessive of 5% of the units ordered shall be subject to warranty replacement as outlined herein.
11.4 PHY Resources is not responsible for incorrect or inaccurate shipping addresses provided by customers. Orders that need to be reshipped, redelivered or rerouted due to an incorrect or inaccurate shipping address supplied by the customer will result in additional charges.
11.5 PHY Resources usually acquires a tracking number for shipments, but, does not guarantee shipments against loss or damage unless prior arrangements are made.
11.6 Many of the orders shipped by PHY Resources are very large and heavy. Therefore, the delivery driver may, at his or her discretion, decline to leave the packages unattended at your address. Therefore, we urge you to consider using a shipping address where someone is available to accept the delivery during normal business hours. Most carriers will make multiple attempts to deliver the shipment before returning it to us. In the event a shipment is returned to us due to the maximum delivery attempts being exceeded, the customer will still be responsible for the full cost of the order, plus any redelivery fees.
11.7 If items arrived damaged due to shipping, please contact PHY Resources as soon as possible to arrange for replacements. PHY Resources may require you to assist in providing documentation of damaged goods in order for us to file applicable claims with our carriers.
11.8 PHY Resources does not guarantee delivery dates on any orders. The delivery window given to you is an estimate only and orders may arrive before, within, or, after those dates and may be subject to delay due to a variety of reasons, including but not limited to weather, labor fluctuations, market conditions, and government inspections and/or delays.
Items under Warranty
11.9 PHY Resources warranties the following items for defects in material and workmanship:
a) defective LCDs
b) defective or non-working buttons
c) defective switches and sensors
d) defective batteries
e) defective speakers
11.10 If a defect is discovered during the limited warranty time period, we will, at our sole discretion, either repair or replace your product with a comparable printed video book using over-run prints and or components imported globally from the original order. Defective cables and other merchandise will be repaired or replaced.
Items Not Under Warranty
11.8 PHY Resources quality controls all products prior to shipping and always strives for 100% customer satisfaction.
11.11 Due to circumstances beyond our control, some of the following errors, omissions, or, defects may not be covered under PHY Resources warranty:
a) artwork errors and copy omissions approved by the customer
b) font/type readability
c) colour deviation in print from specified standards (including Pantone™ deviations)
d) spot UV errors
e) minor paper creases, scratches and blemishes
f) video format or compilation incompatibilities
g) audio jitter or volume level
h) video book battery life
i) product mishandling
11.12 Due to the nature of printed video book construction using fibre board, plastics, and other fragile and perishable materials, this limited warranty does not cover claims resulting from misuse, failure to use common sense, accidents caused by carelessness, abuse, alterations, mishandling, and normal wear and tear. This warranty does not cover moisture damage, scratches, blemishes, fibre board fractures, lamination issues, dents or ink fading.