Canon Print Service Centre Commercial Agreement

Please read our standard terms and conditions before you submit your print order.

 
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Standard Terms For Canon Print Hub

1. These Standard Terms govern the Client use of the Portal, and Orders the Client places for Services on the Portal. Each Order placed by the Client incorporates these Standard Terms and each Order constitutes a separate agreement between the parties.

Services

2. Canon will fulfil Orders for the Services placed by the Client through the Portal. Canon will provide the Client with the Services in accordance with these Standard Terms. The Services will be provided by Canon New Zealand Limited (Canon) or its selected third-party providers.

Ordering

3. To place an Order on the Portal, the Client must:

a. choose the Services the Client requires (including any additional finishing required);

b. upload the file to be copied or printed;

c. confirm the details of the Services being ordered; and

d. agree to the price quoted for the relevant Services.

4. Following the Client’s online confirmation of the Service details and price, the Order will be submitted to Canon and Canon will execute the order. Once an Order is submitted by the Client, it may not be amended or cancelled unless explicitly agreed to in writing by Canon. Errors and omissions in any Order are the Client’s sole responsibility

5. If any Services required by the Client are not available within the Portal, the Client may send a request to cb-printroom@canon.co.nz and Canon will confirm by reply whether the requested services may be provided and the price for those Services. The Client must confirm to Canon in writing if the Client wants to proceed with those Services.

6. Services are provided between 8.30am and 5.00pm on Business Days only.

7. Canon will inform the Client at the earliest opportunity of any problems relating to delivery or quality and propose solutions where possible. Canon reserves the right to not accept any Order including, without limitation, where stock is not available or there has been an error in the advertised price or Service description

8. Canon will undertake all printing and related work within its capabilities using the most appropriate method of production at its discretion.

9. Canon may sub-contract Services where requests for Services require specialist finishing or other requirements.

10. Completed Orders will be delivered in person to Clients who are tenants of Commercial Bay in Auckland. Completed Orders for all other Clients will be delivered by courier to the address given when placing an Order. The cost of the courier will be added to the Charges payable by the Client and must be paid for by the Client. Canon is not responsible for any loss, damage, or delay in delivery, of an Order once passed to the courier for delivery.

Charges

11. The Charges for the Services are priced on a per Order basis and provided in the Portal prior to placing an Order. The Client must agree to the price for each Order during the ordering process and before the Client’s Order is submitted to Canon for execution.

12. Canon may update its pricing for any Services at any time.

13.Canon will invoice the Client immediately on completion of each Order placed by the Client.

14.The Client must make payment to Canon:

a. at the time of placing their Order by credit card using Paypal; or

b. if the Client has agreed a credit account with Canon, on the 20th day of the month following the month in which a valid tax invoice is issued by Canon specifying the Order and Services to which the invoice relates.

15. Canon may charge the Client interest on any amount due and payable which has not been paid within 7 days after its due date. Interest will be calculated daily from the due date until the date of payment at the per annum rate of 1.5% plus the current 90-day bill bank rate. Interest shall be compounded monthly.

16. The Charges are exclusive of GST (Goods and Services Tax) which, if applicable, shall be payable by the Client in addition to the Charges and at the same time such Charges are due.

Limitation of liability

17. Without limiting the Client obligation to pay Charges, the maximum aggregate liability of either party to the other for all claims under or in connection with an Order and these Standard Terms, in contract, tort (including negligence), equity, or for breach of any fiduciary or statutory duty, or otherwise shall not in any circumstances exceed the value of the Order.

18. Without limiting in any way the Client obligation to pay the Charges, to the maximum extent permitted by law, neither party is liable to the other for:

a. any loss of income, profit, savings or any other form of economic loss (whether direct or indirect); or

b. any indirect, incidental or consequential loss or damage or for any punitive damages.

19. To the extent the law allows, Canon’s warranties are limited to those set out in the Order and these Standard Terms, any other condition or warranty (express or implied and including any warranty under the Contract and Commercial Law Act 2017, Part 3, Subparts 1 - 6) is excluded. The Client agrees that the Services are being acquired for the purposes of a business and accordingly, the provisions of the Consumer Guarantees Act 1993 do not apply; and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply.

20. No claim may be brought against Canon under the Order and these Standard Terms unless notice of that claim is given to Canon within 30 days after the supply of the Services giving rise to the claim.

Confidential Information

21. Each party acknowledges that the Confidential Information of the other party is valuable to that other party and undertakes to keep the Confidential Information of that other party secure and secret and not to disclose it except:

a. to the extent required to perform an Order; or

b. to its professional advisers in connection with an Order; or

c. if required to do so by law.

22. The Confidential Information of each party will remain the property of that party. A party must not, without the prior written consent of the other, use any Confidential Information of the other party except for the purpose of performing the Services.

Intellectual Property

23. Each party or any of its third-party licensors retains its rights in any Intellectual Property that exists as at the commencement of an Order

24. The Client consents to Canon using the Client’s Intellectual Property to the extent necessary to perform the Services requested in an Order.

25. Except as otherwise provided in an Order and subject to clause 25, all new Intellectual Property arising in connection with the performance of the Services, including all modifications and adaptations of existing Intellectual Property, vests in and remains the property of Canon as such rights arise and may only be used by the Client for the purpose set out in the Order or with the prior written consent of Canon.

26. All Data provided to and held, controlled or generated by Canon vests and remains the property of the Client. Canon will not obtain any interest in the Data and shall not use the Data for any purpose other than for providing the Services to the Client pursuant to the relevant Order.

Warranties

27. Without limiting the Client obligation to pay Charges, the maximum aggregate liability of either party to the other for all claims under or in connection with an Order and these Standard Terms, in contract, tort (including negligence), equity, or for breach of any fiduciary or statutory duty, or otherwise shall not in any circumstances exceed the value of the Order.

28. The Client warrants that it is entitled to license its Intellectual Property and provide the Data to Canon in connection to any Order and the Services and that the use of that Intellectual Property or Data by Canon to fulfil an Order and provide the Services will not breach the Intellectual Property rights of any third party.

Force Majeure

29. A party will not be liable for any delay or failure to perform its obligations if such delay or failure is due to Force Majeure, but will use all reasonable endeavours to avoid or remove the cause and perform its obligations as soon as possible.

30. If by reason of Force Majeure a party is unable to perform any obligation under an Order after ten Business Days, the other party may terminate that part or the whole of an Order affected by the Force Majeure.

General

31. The Services, all Orders and these Standard Terms are governed by New Zealand law. The parties submit to the exclusive jurisdiction of the New Zealand Courts in respect of any dispute or other matter arising in connection with the Services, Orders and / or these Standard Terms.

32. The Client will not transfer or assign its interests in an Order or these Standard Terms, or any part of it, without Canon’s prior written consent.

33. Any delay or failure by either party to exercise (in whole or in part) any right under an Order or these Standard Terms will not operate as a waiver of such right. A waiver by either party of any breach of any provision of an Order or these Standard Terms will not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. A waiver of any breach will not be, or be deemed to be, a waiver of any other or subsequent breach.

34. The rights and remedies provided in these Standard Terms are cumulative and not exclusive of any rights or remedies provided by these Standard Terms.

35. A person who is it not a party shall not have any rights under or in connection with an Order or these Standard Terms by virtue of the Contract and Commercial Law Act 2017, Part 2, Subpart 1.

36. Each Order and these Standard Terms constitute the entire agreement between the parties and, to the extent the law allows, supersedes all previous agreements, undertakings, representations (whether oral or in writing) and negotiations on the subject matter of each Order and these Standard Terms. Any amendments to an Order must be in writing signed by both parties.

37. These Standard Terms may be amended by Canon from time to time without notice.

38. The following terms shall have the same meaning if used in an Order as in these Standard Terms, unless stated otherwise:

a. Business Day means a day other than a Saturday, Sunday or statutory public holiday (including any regional anniversary holiday) in Auckland, New Zealand.

b. Charges means the charges or fees payable by the Client to Canon for the provision of the Services provided under an Order, as specified in that Order.

c. Client means the client named in an Order.

d. Confidential Information includes the existence and terms of an Order and these Standard Terms and all information obtained as a result of any negotiations relating to an Order and these Standard Terms and, in relation to a party, all information concerning the organisation, administration, operation, business, customers, clients, finance, methods and systems (including any secret process or formula or other trade secret) of that party. The Confidential Information of Canon includes all information produced or used in connection with any Services provided under an Order or these Standard Terms.

e. Canon means Canon New Zealand Limited.

f. Data means all information, data, records, documents and trade secrets concerning:

i. the transactions, business affairs, products, plans, intentions, operations, processes, know-how and business affairs of the Client; and

ii. the Client’s customers (including, without limitation, all customer account and transaction data),

iii. (whether digital, electronic or otherwise) held or controlled by Canon in connection with any Order or these Standard Terms.

g. Force Majeure includes any delay beyond the reasonable control of the party claiming the Force Majeure, for example: any act of God, earthquake, volcanic activity, flood, fire, or adverse weather condition, sabotage, riot, civil disturbance, epidemic, national emergency or act of war, governmental action, epidemic, pandemic, and other similar causes. Force Majeure does not include any event or the effect of which the party affected could have prevented, avoided or overcome by exercising reasonable care at a reasonable cost or lack of funds for any reason.

h. Intellectual Property includes copyright and all rights conferred under statute, common law or equity in relation to inventions (including patents), designs, trademarks, trade secrets, circuit layouts, domain names, rights in databases, Confidential Information, or any other proprietary right or form of intellectual property (whether protectable by registration or not) and all equivalent rights and forms of protection anywhere in the world, together with all right, interest or licence in or to any of the foregoing.

i. Order means an order for Services expressed to be governed by these Standard Terms and placed by the Client on the Portal.

j. Portal means Canon’s online ordering portal for the supply of Services located at commercialbay.canon.co.nz.

k. Services means copy and print services, including the provision of copy services, scanning, pagination, photocopying, spiral and wire binding, guillotining, printing, labelling, laminating, and print procurement services to be provided by Canon pursuant to an Order placed by Client on the Portal.

l. Standard Terms means these standard terms and conditions and any other document, incorporated in them by reference.