1. DEFINITIONS
“Seller” refers to The Black and White Box Limited.
“Buyer” refers to the company or individual placing an order with the Seller under a trade arrangement.
“Goods” means any physical products supplied by the Seller.
“Services” means any photographic processing, scanning, printing, framing, or related services provided by the Seller.
2. ELIGIBILITY FOR TRADE ACCOUNTS
2.1. These Terms apply to businesses, photographers, institutions, or agencies who apply for and are approved for a trade account with the Seller.
2.2. The Seller reserves the right to approve, decline, or revoke trade account status at any time.
3. ACCEPTANCE
3.1. By placing an order, the Buyer agrees to be bound by these Terms and Conditions.
3.2. These Terms apply to all future transactions unless amended in writing by both parties.
4. ORDERS, QUOTES & APPROVALS
4.1. Orders must be submitted in writing or through approved digital channels.
4.2. Quotes are valid for 30 days unless otherwise stated.
4.3. The Buyer’s written approval of proofs or test prints must be received by the Seller before it will begin production.
4.4. Delays in approval may affect turnaround timelines.
5. PAYMENT TERMS
5.1. Payment is due by the 20th of the month from the invoice date, unless otherwise agreed in writing.
5.2. Overdue invoices will incur interest of 2.5% per month, calculated daily.
5.3. The Buyer agrees to pay any debt collection or legal costs incurred by the Seller in recovering unpaid amounts.
5.4. The Seller reserves the right to suspend credit facilities if the Buyer’s total annual purchases fall below NZD $1,500.
6. CREDIT & PRIVACY
6.1. The Buyer authorises the Seller to:
Collect and retain credit information about the Buyer.
Share such information with credit agencies or third parties involved in debt collection.
Use the information for account management and service updates.
7. DELIVERY & RISK
7.1. Risk transfers to the Buyer upon delivery to the courier or upon collection.
7.2. The Seller is not liable for courier delays once Goods leave its premises.
7.3. Delivery times are indicative and not guaranteed unless explicitly agreed.
8. STORAGE & FILE RETENTION
8.1. Digital files (e.g., scans or print files) are retained by the Seller for 6 months before they are deleted, unless otherwise agreed in writing.
8.2. The Seller is not liable for loss of files after this period. Extended storage can be arranged by request.
9. RETURNS
9.1. The Buyer must inspect the Goods upon receipt and notify the Seller in writing of any faults or defects within 5 business days of delivery. Claims made outside this period may not be accepted.
9.2. Return courier costs are the Buyer’s responsibility unless the Seller is at fault.
10. LIMITATION OF LIABILITY
10.1. The Seller will not be liable for indirect, consequential, or loss-of-profit damages.
10.2. In any case, the Seller’s total liability is capped at the value of the Goods or Services supplied.
10.3. The Seller exercises utmost care in handling film, developed negatives and transparencies, and all other materials entrusted to the lab for processing. However, in the event of unforeseen loss or damage within our lab, reimbursement will be limited to the material value of the items affected.
10.4. Submitting film or artwork to the Seller constitutes the Buyer’s agreement that any damage or loss caused by the Seller, even if through negligence or fault, will entitle the Buyer only to replacement with a like amount of unexposed film and equivalent processing services. Except for such replacement, the acceptance of materials is without other warranty or liability, expressed or implied, and recovery of incidental or consequential damages is excluded.
10.5. The Seller accepts no liability for materials lost in transit via postal or commercial courier services.
10.6 Unclaimed film, negatives, artwork, goods, finished work, or other materials will be destroyed after one year.
11. INTELLECTUAL PROPERTY & USAGE RIGHTS
11.1. The Buyer confirms they hold the appropriate rights to reproduce, scan, or print all submitted materials.
11.2. The Seller may use the Buyer’s submitted images only for fulfilling the service or with explicit written consent for marketing or portfolio use.
12. PRIORITY SERVICE & SCHEDULING
12.1. Trade clients may receive priority turnaround where feasible, subject to current workload.
12.2. Agreed deadlines will be honoured where possible, but may be affected by unforeseen issues or delays in file delivery or communication.
13. CONSUMER GUARANTEES ACT
13.1. The Buyer confirms Goods and Services are acquired for business purposes. Accordingly, the Consumer Guarantees Act 1993 shall not apply.
14. TERMINATION & SUSPENSION
14.1. The Seller reserves the right to cancel or suspend services immediately in the event of non-payment, insolvency, or breach of these Terms.
14.2. Outstanding balances remain payable after termination.
15. GENERAL
15.1. These Terms are governed by the laws of New Zealand.
15.2. No waiver of or amendment to these Terms will be binding unless in writing and signed by both parties.
15.3. If any provision is found to be unenforceable, the remaining provisions will continue in full force.
If you have any questions regarding these Terms, please contact us at or****@********************co.nz.