Terms and Conditions

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Term and Conditions of Use

 

Our terms and conditions are set out below and regulate our business association with real estate agents, builders, developers and individuals.

 

1.Interpetation
 

1.1 In these Terms: Company” means Image Flair Photography “

 

• Customer” means the purchaser of Goods from the Company. “

 

• Goods” means all goods sold and/or delivered by the Company to the Customer. “

 

• Terms” means these terms and conditions of sale.

 

2. Application
 

2.1 These Terms apply to all contracts for the sale of Goods by Image Flair Photography.
 

2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on Image Flair Photography unless confirmed by Image Flair Photography in writing.
 

2.3 The Customer acknowledges that no employee or agent of Image Flair Photography has any right to make any representation, warranty or promise in relation to the Goods or the sale of the goods other than as contained in these terms.
 

3. Prices
 

3.1 Prices are determined at the time of order and are subject to Change without notice.

 

4. P a y m e n t
 

4.1 Payments are to be made to Image Flair Photography without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.

 

4.2 The balance of the invoice price must be paid in full on by COD on the day of service by Image Flair Photography or as any prior arrangement within 14 days of invoice.

 

4.3 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.

 

Bad debts will be passed on to a collection agency and all recovery costs will be borne by the person or company who originally made the booking for the photography.
 

5 Delivery
 

5.1 The Customer must, within 2 days of being notified of their delivery notify Image Flair Photography of any issues or accept delivery of the goods and pay the balance of the invoice price.

 

 

5.2 Any failure on the part of the Company to deliver within any specified time does not entitle the Customer to repudiate the contract with regard to the payment of the balance remaining undelivered.

 

5.3 Unless the Customer has inspected the Goods and given written notice to the Company

within 2 days after collection or delivery that the Goods do not comply with the relevant

specifications or descriptions, the Goods are deemed to have been accepted in good order

and condition.

 

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6 Copyright

Any Photography supplied by Image Flair Photography now or in the future is to be used for real estate marketing purposes only.

Copyright is held by Image Flair Photography and is not transferable.

Any request for use of photographs) must be made in writing to Image Flair Photography for use of any images taken by Image Flair Photography, which is outside the original marketing campaign (including use by architects, builders, painters, kitchen suppliers, stylists and any print or web publications, for our consideration. (via any other medium)

 

7.Risk and Insurance

 

7.1 All care is taken during the period that Image Flair Photograph is photographing every house or property we accept no responsibility for any damage or breakages during this process.

and/or staff shall not be liable for any legal action, claim for damages arising out of the publication of the photographs or other use.
 

8 C o n t r a c t

 

8.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made to the Company where an order was placed and any cause of action is deemed to have arisen there.

 

9 Force Majeure

 

9.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport Breakdown, fire, flood, earthquake, acts of God, strikes, lockouts, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

 

10 Severability

 

10.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or

unenforceable, the validity and enforceability of the remaining provisions are not affected.

 

11 Governing Law

 

11.1 These Terms and the Contract shall be governed by the law of Queensland and the

parties submit to the courts of Queensland in respect of any dispute arising.

 

By using any photographic images supplied by Image Flair Photography you are agreeing to the above

Terms and Conditions.