Focus New Zealand Photo Library Limited Terms and Conditions

1	Delivery of Images
1.1	The above named photo library will deliver the images (in whatever form including, but without limitation, transparencies, media electronic files) (“the Images”) to the Client. The Client will immediately check that the Images delivered are those requested and that they have been received in good order and condition and will immediately acknowledge receipt and the condition of the Images.
1.2	If the Client does not immediately notify the Photo Library of any discrepancy the Images shall be deemed to have been accepted by the Client.
1.3	All Images received by the Client are at the Client’s risk from the date of receipt of the Images until the time the Images are returned to the Photo Library.
1.4	In the event of any damage or loss or non-return of the Images while the Images are at the Client’s risk the Client agrees to indemnify the Photo Library for any loss suffered by it as a result of the use, damage, non-return or loss of the Images and the Client agrees to pay to the Photo Library any reasonable sum which may be demanded by the Photo Library for each Image so damaged, lost or not returned which sum shall be not less than $750.00 at the sole discretion of the Photo Library.
2	Conditions of Reproduction
2.1	The granting of any right of reproduction of the Images (“reproduction right”) to the Client is a matter at the sole discretion of the Photo Library.
2.2	Before the Photo Library shall consider granting a reproduction right to the Client the Client must advise the Photo Library of the intended use of the Image; the medium in which the Image will be reproduced; the period of time during which use of the reproduction of the Image is planned; the distribution area of the publication containing the reproduction of the Image; the number of copies of the publication containing the reproduction to be printed.
2.3	Upon receipt of the information required under clause 2.2 the Photo Library will advise the Client whether it will be permitted to use the Images, the cost thereof and any terms and conditions additional to those contained in this form. Where the Client uses, or allows a third party to use, the images other than in accordance with these Terms and Conditions, the client will pay to the Photo Library no less than $1500.00 plus GST (being the parties pre-estimate of the loss likely to be suffered by the Photo Library as a result of the unauthorised use of any Image), provided that if the actual loss suffered by the Photo Library resulting from the unauthorised use of any image is greater than $1500.00, the Photo Library may recover the full amount of such loss, including all recovery and legal fees, from the Client.
2.4	The Client acknowledges that prior to the Photo Library granting any reproduction right: It has had a reasonable opportunity to or has inspected the Images delivered by the Photo Library; it is satisfied as to the nature and quality of the Images and as to their intended purposes or uses; it has not in any way relied upon any representation that may have been made or implied by the Photo Library as to suitability and/or fitness of the Images for their intended purposes and uses; it will not reproduce, duplicate or distribute the Images in any form whatsoever except for the purpose of comp/appraisal; that the need to obtain any further consents ie MODEL & PROPERTY RELEASES in relation to the use of the Images or any intellectual property contained therein is the ultimate responsibility of the Client.
2.5	The Client agrees that it shall reproduce any Image only in accordance with the use permitted under clause 2.3. The Client indemnifies the Photo Library against any liability incurred as a result of any actions, suits, claims, demands and costs whatsoever arising out of the reproduction of an Image by the Client in any manner and for any purpose whatsoever.
2.6	The Client acknowledges that all property in the Images remains at all times in the Photo Library or the photographer who has employed the Photo Library as its agent as the case may be. A reproduction right is granted only to the Client and such right is not assignable to any third parties.
2.7	The Client acknowledges that if the Photo Library agrees to grant a reproduction right that right is available in New Zealand only and only for a period of 12 months from the date of granting of the right unless otherwise agreed.
2.8	Notwithstanding clause 2.7 the 12 month period shall not apply in respect of a reproduction right granted in respect of packaging and/or labelling which right is available for either a minimum two year period or such longer period as may be agreed between the Photo Library and the Client.
3	Return of Images
3.1	All Images delivered by the Photo Library to the Client for consideration must be returned to the Photo Library within 10 days of delivery unless a reproduction right is granted.
3.2	The Client agrees that the Photo Library shall be entitled to charge a holding fee of no less than $5.00 per day for each Image not returned by the Client in accordance with clause 3.1 above.
3.3	If any Images are not returned to the Photo Library for a period of four weeks after a holding fee has become due under clause 3.1 then the Images will be deemed to have been lost and the Photo Library is entitled to the indemnity and payment under clause 1.4.
3.4	If a reproduction right has been granted all Images including any duplicates must be returned to the Photo Library within 30 days of publication. If the Images are not so returned then the holding charges contained in clause 3.1 above will apply.
3.5	The Client will supply one copy of the publication in which an Image for which a reproduction right has been granted appears free of charge to the Photo Library within 14 days of publication.
3.6	All Images must be returned to the Photo Library by hand, registered mail or courier. The date of return of Images is deemed to be the date on which such Images are actually received by the Photo Library.
4	Service Fees
4.1	The Photo Library may charge a service fee of not less than $35.00 per 10 Images or part thereof for each delivery of Images by the Photo Library to the Client. Such a fee may at the Photo Library’s discretion be waived in part or in full should a reproduction right for one or more of the Images be granted.
4.2	Loss or damage to original packaging containing the Images will incur a fee of $ 15.00 per damaged item payable upon demand by the Photo Library to the Client.
5	Payment and Selection
5.1	The Client agrees to pay the sum advised by the Photo Library on the invoice or similar document issued by the Photo Library.
5.2	All monies owing by the Client to the Photo Library must be paid in full no later than the 20th day of the month following the date on which those fees were incurred.(“the due date”).
5.3	If full payment for any image is not made to the Photo Library by the Due Date for payment, then the client shall be in default and the client shall pay default interest on any amount outstanding to the Photo Library at a default rate of 2.5% per month, accruing on a daily basis until the date payment is actually made.
5.4	The client shall be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the Photo Library obtaining or attempting to obtain a remedy for the failure to pay.
5.5	The Client acknowledges and agrees that should any Image chosen for selection be removed from its packaging it will be deemed to have been used for the proposed use specified pursuant to clause 2.2. In such event the Client agrees to advise the Photo Library within 24 hours of any removal of an Image from its sealed container.
6	Jurisdiction
6.1	These terms and conditions are subject to New Zealand law.
7	Additions Please Note
7.1	Model Releases. NOT ALL IMAGES HELD ARE MODEL OR PROPERTY RELEASED.
7.2	The client shall obtain confirmation in writing from the Library on released images. CHECK FOR CLEARANCE.
7.3	MORAL RIGHT/CREDIT. Focus asserts the Moral Right to have a full credit where images are used other than as advertisements, any credit to read: Focus New Zealand Photo Library Ltd.
7.4	All pricing herein is GST exclusive.

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