Conditions of Contract for the Sale of Goods or services between the Client and Digital Dog Limited (hereinafter called Digital Dog).
Quotations are offered and ordered accepted subject to the conditions of sale specified below. Conditions of purchase contained in customers order forms and any other conditions which the customer may seek to impose which are at variance with or additional to Digital Dog's conditions of sale are not binding on Digital Dog unless specifically accepted in writing.
2. ACCEPTANCE OF ORDER
Notwithstanding that Digital Dog may have given a detailed quotation no order shall be binding on Digital Dog unless and until it has been acknowledged in writing by Digital Dog. Unless otherwise specifically agreed between the parties and stated in writing quotations are held open for 28 days only.
3. PRICE VARIATION
In instances where Digital Dog does not quote a fixed price for the provision of goods or services, then in the event of a rise or fall in the cost of such goods or services, the price shall be adjusted in accordance with such price variation. Where the customer requests goods or services in addition to the original agreed specification, Digital Dog will advise the customer of the cost of such changes and obtain a variation of order in writing before commencing any additional work.
4. DELIVERY AND COMPLETION
Delivery and completion dates are given in good faith. However, delivery shall not be the essence of the contract and is conditional upon Digital Dog being able to procure the necessary labour materials and processing and without responsibility for delays arising from risks and uncertainties of manufacture, strikes, accidents and other causes beyond the control of Digital Dog.
5. CONDITIONS AND WARRANTIES
In substitution for all and any other rights which the Client would or might have had but for these conditions, the liability of Digital Dog in respect of any defect in or failure of any goods or services supplied, or for any loss injury or damage attributable thereto is limited to making good by replacement or to the repair of defects which, under proper use, appear therein and arise solely from faulty materials and or workmanship, within a period of 12 calendar months from the completion of the original contract.
Digital Dog will normally require an initial deposit and a series of progress payments across the life of a particular contract, culminating in a final payment at the time of completion of the contract. Progress payments will be invoiced as work is carried out, and are payable "Prompt Net Cash". Failure to make these payments may impede progress of work on the contract. In the event of default in payment, Digital Dog may, in its absolute discretion and without prejudice to any other rights it may have;
7. TITLE IN GOODS
- Suspend all future deliveries and work on the contract in question and/or terminate the contract;
- Require payment in advance for any future deliveries or work;
- Require payment of interest on the amount due at a compound annual rate of 3% per annum above the ASB Bank Limited minimum lending rate for the time being prevailing, from the date when payment for the goods or services in question became due to the date of actual payment.
- · Require payment of all costs involved in the collection of any debt, including but not limited to legal fees, collection agency costs and any other third party costs incurred in recovering the debt.
The property in goods supplied shall pass to the Client when payment shall have been received by Digital Dog for those goods, and for any other goods already supplied by Digital Dog to the Client.
Copyright in all material prepared, written, amended, designed or originated by Digital Dog, its principals, its employees, teleworkers or subcontractors, is the sole property and vests absolutely in Digital Dog. This excludes original material provided by the client for incorporation in work done on his behalf. At the completion of the contract, and after receiving payment in full for the said contract, Digital Dog will grant the Client full, free and absolute permission to use any or all of the material within the confines of the work carried out by Digital Dog.
9. DRAWINGS AND INFORMATION
The Client acknowledges that drawings, designs, logos, and other documents and information furnished to the Client by Digital Dog are disclosed in confidence and will not without prior written consent furnish copies or details of such material to any third party. Digital Dog in turn undertakes to keep confidential any material of a similar nature received from the Client.
The Client agrees to indemnify Digital Dog against any actions arising out of legislation covering the publication of material, either under Freedom of Information Legislation, or any actions which may arise from real or perceived causes of action for defamation or mis-representation. To this end the Client accepts full legal liability for the final content of material processed and published by Digital Dog on the Client's behalf and at the Client's instigation and under the Client's instructions.
Contracts may not be cancelled except by agreement in writing by both parties, and upon payment to Digital Dog such amount as may be necessary to indemnify Digital Dog against all loss resulting from the said cancellation.
12. CONSEQUENTIAL LOSS
Digital Dog shall not be liable for any costs claims or damages arising out of any tortious act or omission or of any breach of contract or statutory duty calculated by reference to profits income production or accruals or loss of such profits income production or accruals or by reference to accrual of such costs claims damages or expenses on a time basis.
13. LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate as a New Zealand contract and in conformity with New Zealand law and the New Zealand Courts may assume jurisdiction in respect of any matter or claim arising therefrom or relating thereto.
14. GOODS AND SERVICE TAX (GST)
The contract price does not include any allowance for the extent to which the goods and services provided by Digital Dog are or may be subject to GST, and accordingly the contract price shall be increased as follows:-
- To the extent that the goods supplied or services rendered in the performance of the contract are chargeable with GST, by the gross amount of the tax chargeable thereon.
- To the extent that the supply of goods or services in the performance of the contract is exempt from GST, by the increased amount Digital Dog is liable to pay in respect of any tax chargeable on the supply to Digital Dog of articles or materials to be incorporated in the goods or on services which are required for the performance of Digital Dog's obligations under the contract.
Any notices required to be served pursuant to these conditions shall be served as follows:-
- Notices to Digital Dog Limited - PO Box 880, Dunedin 9348.
- Notices to the Client - Such address as the Client may stipulate, or, failing this, either the last address to which deliveries were made, or, in the case of a limited company, to its registered office.
- A properly addressed notice sent by registered post or where appropriate registered air mail shall be deemed received within ten days of its dispatch.
Our pricing policy
Some of our recent work