These Terms and Conditions (‘the Terms’) form part of every contract made between Rewind Photo Lab Pty Ltd (‘RPL’) and any other person, company or other legal entity (‘Client) for the supply of goods and services by RPL (other than hire of equipment or gallery space hire). The Terms prevail over any written terms and conditions of the Client. Any variation to the Terms will not be effective unless agreed in writing by a Director or appointed representative of RPL. All contracts between RPL and the Client will be governed by NSW law and the parties agree to submit to the jurisdiction of the NSW Courts. Any provision in these Terms which is or becomes unenforceable in any jurisdiction will be ineffective without invalidating any other provision of these Terms and such unenforceability will not invalidate that provision in any other jurisdiction.
The Client will pay to RPL the price for goods or services which is applicable at the time the goods or services are ordered from RPL.
Customer loyalty cards provide free developing and scanning for the 10th roll of film, to the value of a standard develop & scan. When used in a purchase involving more than one roll, the card will be applied to the cheapest roll. If the Client’s requirements for the 10th roll are greater than the value of a standard develop & scan, the Client will only be discounted the cost of a standard develop & scan.
Unless RPL is given prior written notice by the Client, the person placing or signing the order on behalf of the Client will be deemed to be authorised to do so. RPL reserves the right to refuse to accept any order. RPL will not act on any order if there is any ambiguity or uncertainty over the instructions or the validity of that order.
If the Client cannot correctly identify the product that is being submitted for processing, RPL reserves the right to refuse service to avoid disappointment based upon the Client’s lack of knowledge regarding that product.
If the client’s order differs from the standard specification or usual method of production on which the quotation was based, then RPL reserves the right to vary the quotation (including the price). Service times which are quoted are target times only and RPL reserves the right to vary services times and, to the extent permitted by law, accepts no liability for failure to comply with quoted service times.
Similarly, if the Client changes its order from that which was originally given, service times may be affected and, to the extent permitted by law, RPL will not be liable for any loss, damage or expense arising from the change in service times.
It is the policy of RPL that we do not accept cash payment through the mail. Any cash received with a mailed-in order will not be accepted as a valid form of payment and RPL accepts no liability for cash lost in the mail.
If the Client requests that prints or other goods be mailed to the Client (rather than collected by the Client from RPL’s premises), then to the extent permitted by law, RPL will not be liable for any loss of or damage to such goods as a result of being mailed (including any loss or theft of, or damage to, such goods while in a letterbox, post office box or other receptacle or location prior to reaching the Client’s possession), or for any delay in delivery or collection.
Some digital files, transparencies or negatives do not have the same proportions as certain paper sizes. If this is the case, the Client must inform RPL if they require the full image area (full frame) to be printed or whether RPL should crop the image to fill the paper. If no instructions are given and confirmation cannot be obtained from the Client, RPL will print the full image area (full frame) with a border. At its own discretion, RPL reserves the right to suspend the commencement of any job if clear instructions are not given or if in RPL’s opinion, there is some ambiguity over the order.
Unless otherwise requested by the Client, RPL will produce images according to RPL’s standard of the best product possible. If the Client wants RPL to deviate from this standard, and instead use some different standard required by the Client, RPL must be informed prior to the commencement of the job.
Metamerism is a perceived matching of the colours that, based on differences in spectral power distribution, do not actually match. Because of the metameric effect, Clients may perceive the colours of their images to be different once they leave the store and view it under a variety of other light sources. RPL uses 4700-5000k lighting which emulates daylight to create a neutral and consistent colour experience within the lab.
RPL will, if the Client requests, attempt to develop and process old and expired rolls of film, but the Client acknowledges and accepts that it may not be possible to develop and process such film to the same quality as unexpired film. RPL will endeavour to develop it to the manufacturer’s specifications of the film type, but due to the uncertainty of old and expired film, there are often deviations in image quality of old and expired film. To the maximum extent permitted by law, RPL will not be liable if the quality of the images is unsatisfactory to the Client, or for any loss or damage sustained by the Client as a result of attempting to develop such film.
In the event that the Client’s film is blank after developing, RPL will only charge the Client RPL’s fee for developing only. If the client has paid for a service that includes both developing and scanning or printing, then in such a case RPL will not do the scanning or printing and will refund the Client the difference between the price paid by the Client for the full service, and RPL’s standard fee for developing only. Blank rolls will be cut, sleeved and stored as per a usual order to be collected by the client.
Clients’ work will be stored free of charge within RPL’s filing system for two weeks. After that time, if Clients wish to retrieve their property they will incur a retrieval fee of A$12.50 per job (classified as each time the Client dropped work off in one day). Client’s work are stored off-site and after the request for retrieval and payment is made, the Client’s work will be mailed out to the address provided to RPL by the Client.
If any items or materials deposited with RPL by the Client have not been collected by the Client within 6 months then the Client relinquishes ownership over their property to RPL and RPL may dispose of it or destroy it in RPL’s discretion. If a Client sends film to RPL for processing and does not provide a return address for the processed film to be sent to, RPL will be entitled to dispose of or destroy the film after six months if no return address has been provided during that time.
RPL will claim no copyright in material submitted to RPL by virtue of work undertaken by RPL on behalf of the Client. The Client warrants that it owns or controls all rights or has obtained all copyright, moral rights, and other permissions, consents and waivers as are required for all copying, processing, printing, scanning and manipulation to be undertaken by RPL and the Client hereby irrevocably authorises RPL to do all such copying, processing or manipulation as is necessary in performing or ancillary to the services requested by the Client. The Client further warrants that no copyright or moral rights or any other rights of a similar nature now existent or hereafter created will be infringed by virtue of anything done by RPL on behalf of or at the request of the Client, or by the Client at RPL premises, or by the Client or by any other party with the Client’s approval on equipment sold, supplied by RPL to the Client, or access to which is provided by RPL to the Client or to any party at the direction or request of the Client. The Client further warrants that all film, negatives, digital media, and electronic files deposited with or sent to RPL do not contain any material which is illicit, illegal, defamatory, blasphemous, obscene or intrusive. The Client agrees to indemnify RPL against all claims, suits, actions, losses, damages, or expenses (including legal costs on an indemnity basis) which RPL may suffer or incur by virtue of any breach of the above warranties or which are connected with any claim by any party against RPL that any copyright or moral rights or any similar rights have been infringed by RPL, or that RPL has induced, encouraged, authorised or otherwise been associated with such infringement, by virtue of anything done by RPL on behalf of or at the request of the Client.
In Australia, goods and services supplied by RPL come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under thie Australia Competition And Consumer Act and other laws. Any and all other warranties and conditions in respect of goods or services supplied by RPL, which are not guaranteed by the Australian Consumer Law or the Competiton And Consumer Regulation 2010, are expressly excluded by RPL where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
To the maximum extent permitted by law:
(a) RPL’s liability to the Client for the loss (including theft) or destruction of or damage to any film or negatives, digital media or other material belonging to the Client which are deposited with RPL for processing or other purposes, whether caused by the negligence of RPL, its employees or agents or otherwise will be limited to the replacement cost of the film negatives, digital media or other materials, and RPL will not be liable for the cost of re-taking or re-shooting the material contained in the film, negatives or other material;
(b) RPL will not be liable for the loss or corruption of any digital information left or supplied to RPL by the Client. It is the responsibility of the Client to create and retain back-ups of all digital information supplied to RPL, whether such digital information be supplied on disk, digital memory card, portable hard drive or via electronic transmission (email/google drive/dropbox etc);
(c) RPL accepts no responsibility for changes in images after delivery to the Client, as RPL has no control over display and storage conditions after the images leave RPL’s premises;
(d) RPL will not be liable for any failure to perform any contract between RPL and the Client which is due to any circumstances beyond RPL’s control including (but not limited to): inability to secure labour, materials, supplies or transport, or scarcity of fuel, power or components (including computer software and hardware), or machine breakdown (including computer, server, ISP network), theft, vandalism, fire, storm, flood, war, civil disturbance, strikes, lock-outs, or industrial action (of any form).