Terms andConditions

When placing an order with Final Grade the Client accepts these terms and conditions. These terms and conditions are a part of every contract made between Final Grade for the provision of goods and services to any individual or company deemed ‘the Client’ for the purpose of this document. These terms and conditions prevail over any written terms and conditions of the Client. Any variation to the Terms must be agreed to in writing by the Director of Final Grade.

Price & Payment
The Client will pay to Final Grade the price set out in the current price schedule (GST inclusive), which Final Grade can change at any time.

Cash Clients
If the Client does not have an account with Final Grade work must be paid for prior or on delivery of the final product.

Methods of Payment
Final Grade accepts – Cash, Eftpos, Direct deposit, MasterCard and Visa.

Account Clients
Final Grade reserves the right not to provide credit facilities without disclosing a reason. Clients should be aware that account applications will be credit checked.
If the Client has an account with Final Grade, the Client will pay invoices within 14 days of the date of the invoice. In the event of default, Final Grade reserves the right to withdraw credit on any current charges without prior notice.

Deposits
All work requires a 50% upfront payment, payable by EFT. Balance is due on delivery of the final product.

Late Payment Fees and Legal Costs
If payment is more than 14 days late, Final Grade reserves the right to charge the client a late payment/dishonour fee and will be applied for every week the invoice remains overdue (to the sum of 10% of your total invoice, per week).
The Client will be liable for any legal costs incurred by Final Grade in the recovery of unpaid invoices on an indemnity basis.

Quotations
All quotations given will be valid for 30 days from the date of the quotation. If the Client’s order differs from the specification on which the quotation was based, then Final Grade reserves the right to vary the quotation (including the price).

Discounts
Discounts are not cumulative and may be revoked if payment terms are not met.

GST
10% GST will be included in all invoices as required by Australian law.

Liability
The Client must notify Final Grade in writing of any claim within 10 days of the date of the invoice or order delivery. Final Grade will not be liable in respect of any claim notified after such time.
Any film, negatives and/or other materials belonging to the Client or any third party and provided to Final Grade by the Client (for storage or otherwise) (“Client Materials”) shall remain at the Client’s risk at all times and the Client shall be responsible for insuring the same at its own expense.
Final Grade’s liability shall not exceed Final Grade’s charge for processing the relevant service provided that this limitation of liability does not affect the other rights and remedies in respect of the service or product which the Client has under the Trade Practices Act 1974.
There is no guarantee in respect of colour variation in prints or digitisation. All special instructions to Final Grade will not be binding on Final Grade unless confirmed in writing in a clear and precise manner.
Final Grade will not be liable for any failure to perform any contract between Final Grade and the Client which is due to any circumstances beyond Final Grade’s control including (but not limited to):-
– inability to secure labour, materials, supplies or transport; or scarcity of fuel, power or components; or
– machine breakdown, fire, storm, flood, act of God, war, civil disturbance, strikes, lock-outs or industrial action (of any form).

Cancellation
If the Client has engaged and confirmed Final Grade to provide Services on a specified date, the Client may notify Final Grade in writing (during normal business hours) that the Client does not require the Services to be provided on that date (“the cancellation”). If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
A booking is ‘tentative’ until it is ‘confirmed’ in writing by Final Grade or the Client. If required, Final Grade will seek confirmation in writing for a booking to be ‘confirmed’ after which the date will be released if no confirmation is received within 24 hours from the Client.
– If the cancellation is made more than 20 days prior to the day on which Final Grade has been engaged to provide the Services, the Client must reimburse Final Grade for any expenses incurred by Final Grade in preparation for provision of the Services.
– If the cancellation is made between 20 days and 9 days prior to the day on which Final Grade has been engaged to provide the Services, the Client must pay 50% of the Agreed Fee.
– If the cancellation is made between 8 days and 48 hours prior to the day on which Final Grade has been engaged to provide the Services, the Client must pay 75% of the Agreed Fee.
– If the cancellation is made within 48 hours of the time at which Final Grade has been engaged to provide the Services, the Client must pay the Agreed Fee in full.
– If the cancellation is made while Final Grade is providing Services to the Client, the Client must pay the Agreed Fee in full.
Any amount payable must be paid by the Client within 14 days of the cancellation.

Returns
Final Grade strives to provide high quality services, if the Client is dissatisfied with service or products, returns must be made within 10 days of picking up the work.
Final Grade will entertain all returns submitted in this time frame and evaluate on a case by case basis.
Final Grade does not offer refunds in cases of change of mind, cheaper price found elsewhere or decided you no longer want it. If there is a mistake made in the production of the item, provided we have been notified within 10 days of picking up the work, we will replace the item with the correct item.
A credit may be given to the client if this is unsatisfactory to all parties and providing we have been given every opportunity to satisfy the client’s reasonable requests within a reasonable time frame.

Deliveries
Delivery is usually via Australia Post Standard or Express parcel service. Final Grade accepts no liability or responsibility for any loss or damage to an order once it has been delivered to Australia Post or other delivery service.
We use Couriers Please for same-day Melbourne metro deliveries and large parcels – options and pricing will be discussed with you when you place your order.
Parcel returned to Final Grade due to incorrect details given by the client, a $10 Return to Sender fee will apply.

Copyright
By placing an order with Final Grade, the Client declares their right to reproduce all material supplied. The client assumes absolute liability for any resulting violation of copyright in any action brought by a third party. The client undertakes that they will keep confidential and not use any ideas communicated by Final Grade and its representatives without Final Grade’s written consent.

Artwork, film and Data Storage
Artwork, prints, negatives, transparencies, media disks or other image media held at Final Grade pending a print order is normally returned with order. If not collected after 6 months such material will be disposed of.
Digital data created by, or supplied is on the understanding that Final Grade is not responsible for the future integrity of that data, or of any failure to retrieve data from Final Grade’s storage archive.
Image files created on behalf of a client may be stored in the storage archive on the understanding that Final Grade is not responsible for the future integrity of that data, or of any failure to retrieve data from Final Grade’s storage archive.

Photography / Digital Files
Ownership of Digital Layered PSD Files: The Digital Layered PSD files created during the course of our services are the exclusive property of Final Grade. These files will not be released to the client. However, the client may request flattened TIFF and JPG files, which shall be provided upon such request. We retain the right to retain and manage the original layered files for internal use and reference.
Clients should ensure that all artwork, of any description, left at Final Grade’s premises is adequately insured. Final Grade shall not be responsible for any loss or damage caused to property left in the custody or at the premises of Final Grade.
Final Grade reserves the right to dispose of digital files where a purchase order relating to a specific file is not received during a period of two (2) years or more. The Final Grade will not be responsible for any loss or damage resulting from the loss of such files, however caused.

Archival technology
The Final Grade does not manufacture archival inks, canvases or paper and relies on data published by the ink and media manufacturers. We use archival pigment inksets apparently rated to last between 75 and 200 years under certain lighting and storage conditions. Independent researchers such as the Wilhem Institute publish light fastness ratings for a range of inkjet media https://www.wilhelm-research.com/ and are an appropriate source to establish independent opinion on the archival properties of inkjet prints.

Uncollected Goods
If any items or materials left with the Final Grade by the Client are not collected within six (6) months of completion of the work undertaken, then Final Grade may dispose of or destroy such items or materials.
Artwork and other property left with the Final Grade by any artist or client for any other purpose will be disposed of at the discretion of Final Grade. Disposal of such property will usually occur after 1 year if no communication has been received by Final Grade from the property owner.

Disclaimer of Warranty
There is no warranty for the goods and services provided by Final Grade, to the extent permitted by applicable law. Except when otherwise stated in writing Final Grade provides goods and services “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the goods and services supplied by Final Grade is with the Client. Should goods and services supplied by Final Grade prove defective then Final Grade will attempt to provide remedy as stated under Satisfaction Guaranteed and Returns sections.

Contract
By verbally or non-verbally agreeing to a costing / project proposal and opening into contract with us, the Client is therefore agreeing to all the above Terms and Conditions on behalf of their department or company. This is a perpetual contract for all future work carried out unless otherwise specified.

General
Final Grade supplies within Australia and some overseas destinations.
We reserve the right to make changes to our site, policies, and these terms at any time.
If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.