salife f&w-proposal 2015...

A N S A L I F E P U B L I C A T I O N

P : 0 8 8 4 0 8 0 2 0 0 E : A D M I N @ S A L I F E . C O M . A U

2015

about us

SALife Food & Wine 2015

The first two issues of SALife Food & Wine magazine were

hugely successful. First produced by the publishers of

SALife magazine in 2010 and then again in 2012, the third

issue of SALife Food & Wine will be a magazine of gourmet

experiences recommended by the locals in each region.

South Australia is a mecca for food and wine lovers from all

over the nation and around the world.

Our editorial team is led by award-winning journalist,

Contributing Editor David Sly. The third issue of SALife Food

& Wine will offer readers personal insights into our state’s

epicurean delights.

We’ll be talking to the locals for insider tips. And of course

we’ll be looking closely and extensively at the magnificent

wines of South Australia.

SALife Food & Wine magazine readers will be real foodies

... the type of people who are always looking to find a new

favourite product or somewhere to go with friends or family.

What should they visit? Where do they eat? What should they

drink? Where can they stay?

SALife Food & Wine will be their own personal guide in the

car, and at home.

2015



SALife Food & Wine will be a full gloss annual magazine

published in September 2015

It will have the finest stock for the cover and text pages

to ensure beautiful reproduction

The print run will be 10,000 copies and will retail at $9.90

It will be heavily promoted on television and radio

as well as through SALife, South Australia’s biggest

selling magazine

It will be sold in newsagencies statewide

Targeted communications are more persuasive

and effective

When it comes to engaging with your audience, magazines

such as SALife Food & Wine (and SALife) are already one step

ahead because magazines establish a strong and intimate

relationship between readers and their chosen publication.

Faced with overwhelming choice, people are naturally drawn

to magazines to which they feel a strong connection.

Magazines engage their readers one-on-one.

Both editorial and advertising content is relevant

Niche magazines such as SALife Food & Wine also have

the advantage of delivering content that is relevant to the

connoisseur. Our readers are at the forefront of our thoughts

at every editorial meeting.

why

2015



NOW send it to your sales executive:

Veliquam commodiamet, conullan exercin volor sed do commod dipit volortie duisl ipit pratiscin ea feumsandiam do odolupt atiscil landiam quat. Xeros ad tate tat wis num zzriurem velent nulla consenim zzrit vero dip euis dolorpe rcidunt zzriurem velent nulla consenim zzrit vero dip euis dolorpe rcidunt luptate veriliquis non ea con ute modolor incing estrud dip eugait nulla feu feugue modipit luptat. Tue deliquam, Veliquam commodiamet, conullan exercin volor sed do commod dipit volortie duisl ipit pratiscin ea feumsandiam do odolupt atiscil landiam quat. Xeros ad tate tat wis num zzriurem velent nulla consenim zzrit vero dip euis dolorpe rcidunt.

LOT 350 TANUNDA RD, TANUNDA

PH 08 8355 3777

E [email protected]

W WINECELLAR.COM.AU

THE WINE CELLAR

What to provide:

Published by

Canongate Partners Pty Ltd

ABN 41 231 971 675

10 Greenhill Road Wayville SA 5034

PO Box 2 Goodwood SA 5034

T: 08 8408 0200 F: 08 8373 0066

E: [email protected]

Your trading name

Image at 300 dpi

100 words (maximum)

describing your

business, including

opening days and

times

Full contact

details including:

[email protected]@salife.com.au

FOOD&WINE 2015 SALife

BAROSSADIRECTORY


LOT 350 TANUNDA RD, TANUNDA

PH 08 8355 3777

E [email protected]

W WINECELLAR.COM.AU

THE WINE CELLAR


3/12 LYNDOCH AVE, LYNDOCH

PH 08 8355 3777

E [email protected]

W BAKERY.COM.AU

THE BAKERY


85 ANGASTON RD, ANGASTON

PH 08 8355 3777

E [email protected]

W RESTAURANT.COM.AU

THE RESTAURANT


101 CLARE RD, KAPUNDA

PH 08 8355 3777

E [email protected]

W HOTEL.COM.AU

THE HOTEL


LOT 17 ADELAIDE RD, GREENOCK

PH 08 8355 3777

E [email protected]

W WINETOUR.COM.AU

THE WINE TOUR


89 MURRAY ST, NURIOOTPA

PH 08 8355 3777

E [email protected]

W BEDANDBREAKFAST.COM.AU

THE BED AND BREAKFAST

SALife Food & Wine Magazine is full colour throughout. There is no extra charge for four-colour advertisements.

Please note A signed advertising order form with the details of your requirements is necessary to confirm your booking.

Files Print ready PDF files (300dpi, CMYK and fonts embedded), EPS, TIFF and JPEG files will be accepted. Hard copy proofs, provided from a printer’s professional colour proofing system will be colour matched before printing. All other hard copy proofs will be used as a positional guide only.

Production There are no production charges if you supply your advertising artwork digitally, either on disk or email in PDF format distilled at Job Option: Press level. All photographs should be scanned at 300 pixels per inch.

Artwork costs If you require us to produce your advertising artwork, the following production charges apply (ex GST):

Full page $250.00 Half page $200.00 Quarter page $100.00 Directory $50.00

1 Cancellations made after the final copy deadline for each issue and prior to 2 weeks from publication will be subject to 50% of the quoted advertising rate. Any cancellations made 2 weeks or less prior to publication will incur 100% of the quoted advertising rate.

2. A contract is for 12 months from the date of first issue booked. 3. All material and/or instructions for advertising will be provided by the published copy deadline. 4. If the contract is rescinded or not fulfilled in any way, a surcharge applies. The surcharge (cancellation of contract fee) is the dollar

difference between the rate for the contract level agreed and signed for (i.e. the number of insertions) and the rate for the number of insertions actually used multiplied by the number of insertions not used. (If uncertain about the surcharge implications please ask us for further details or an example).

5. Unless otherwise agreed in writing, photographs taken by Canongate Partners Pty Ltd or contractors of Canongate Partners Pty Ltd are copyright to Canongate Partners Pty Ltd and must not be reproduced without permission.

6. The publisher takes no responsibility for colour or accurate reproduction if a proof does not accompany supplied advertisements. I acknowledge that I have read and agree to the Canongate Partners Pty Ltd terms and conditions of trade, and also that conditions 1-6 above (especially condition 4) have been fully explained to me and that a surcharge or rate adjustment may apply.

7. The terms and conditions have been received and are agreed to.

Conditions

Advertising RatesEffective May 1, 2014Published by Canongate Partners Pty Ltd ABN 41 231 971 67510 Greenhill Road Wayville SA 5034. PO Box 2 Goodwood SA 5034 Telephone 08 8408 0200 Facsimile 08 8373 0066 Email [email protected]

PLEASE NOTE: PRICES DO NOT INCLUDE GST

LOADINGS Right hand page plus 20%. Who’s Who and Editor’s Letter plus 25%. Vertical half page next to editorial plus 25%. Other nominated position plus 15%.

Rates ($)

Double page spread 3500

Inside front cover DPS 6000

Inside back cover DPS 5500

Inside front cover 4250

Inside back cover 3750

Back cover 5000

Rates ($)

Full Page 2000

Half Page Vertical 1150

Half Page Horizontal 1050

Quarter page 650

Directory 450

PUBLISHERS INDEMNITY: Advertisers and/or advertising agencies, upon lodging material with the publisher for publication or authorising or approving of the publication of any material, indemnify the publisher, its directors, employees and agents against all claims, demands, proceedings, costs, expenses, damages, awards, judgements and any other liability whatsoever, wholly or partially arising directly or indirectly in connection with the publication of material and without limiting the generality of the foregoing, indemnify each of them in relation to defamation, libel, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of trade practices or fair trading legislation, violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights, and warrant that the material complies with all the laws and regulations and that its publication will not give rise to any claims against the publisher, its directors, employees and agents and without limiting the generality of the foregoing, that nothing therein is in breach of the Trade Practices Act 1974 or the Copyright Act 1968 or the Fair Trading Act 1987 or the defamation consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.



FREQUENCY 2015

RETAIL PRICE $9.90

TRIM SIZE 240mm wide x 300mm deep

TEXT STOCK 115gsm Gloss Art

IMAGE RESOLUTION 300dpi

SCREEN RULING Cover 250lpi – Text 200lpi

INK WEIGHT 320%

SPACE MEASUREMENTS

Double page with 3mm bleed

486mm wide x 306mm high (trim size 480mm wide x 300mm high)

Insure type is 15mm from the gutter. Keep all important information 10mm from the top and bottom of your page.

Full page with 3mm bleed

246mm wide x 306mm high (trim size 240mm wide x 300mm high)

Insure type is 20mm from the gutter, remember your advertisement could be on a left or right hand page. Keep all important information 10mm from the top and bottom of your page.

Full page with 15mm white border

210mm wide x 270mm high

Half page horizontal


Half page vertical


Quarter page


COVER AND GATEFOLD MEASUREMENTS PROVIDED IF REQUIRED

MATERIAL

FILES Print ready PDF files (300dpi, CMYK and fonts embedded), EPS, TIFF and JPEG files will be accepted.

Hard copy proofs, provided from a printer’s professional colour proofing system will be colour matched

before printing. All other hard copy proofs will be used as a positional guide only.

ARTWORK SPECIFICATIONS

Published by Canongate Partners Pty Ltd

PO Box 2, Goodwood SA 5034

Ground Floor, 10 Greenhill Road, Wayville SA 5034

T 08 8408 0200 F 08 8373 0066

E [email protected] W www.salife.com.au ABN 41 231 971 675

FONTS All fonts must be embedded

TEXT SIZE Minimum size 6.5pt. Reversed

text should be medium to bold

BLEED 3mm bleed where required

IMAGES/LOGOS All images and logos must be

300dpi, CMYK colour (no PMS)

Advertising Deadlines

Issue on sale 2015 Last bookings Last copy

September 24 May 22 May 27

Published by Canongate Partners Pty Ltd ABN 41 231 971 67510 Greenhill Road Wayville SA 5034. PO Box 2 Goodwood SA 5034 Telephone 08 8408 0200 Facsimile 08 8373 0066 Email [email protected]


To book advertising space in SALife Food & Wine Magazine please fill in this booking form and return to our office by fax as

soon as possible. Space bookings must be accompanied by a signed confirmation form.

LEGAL NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BUSINESS/COMPANY TRADING NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CONTACT NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ABN: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PHONE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FAX: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BILLING ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POST CODE: . . . . . . . . . . . . . . . . . . . . . . . .

COMPANY STREET ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POST CODE: . . . . . . . . . . . . . . . . . . . . . . . .

EMAIL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SPACE REQUIREMENTS

DATE BOOKED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BACK COVER INSIDE FRONT COVER INSIDE BACK COVER DOUBLE PAGE FULL PAGE HALF PAGE VERT HALF PAGE HORIZ QUARTER PAGE DIRECTORY

QUOTED COST PER INSERTION $ . . . . . . . . . . . . . . . . . . . LOADING $ . . . . . . . . . . . . . + GST $ . . . . . . . . . . . . . . . . . . TOTAL $ . . . . . . . . . . . . . . . . . . .



*CONTRACT AMOUNT PAYABLE $ . . . . . . . . . . . . . . . . . . + GST $ . . . . . . . . . . . . . . . . . TOTAL $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Please Note: (1) GST WILL BE APPLIED TO ALL ADVERTISING ACCOUNTS. (2) Contract is for 12 months from date of first issue booked.

UPGRADE OPTION: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTWORK

ARTWORK SUPPLIED ARTWORK REQUIREDDEADLINE IS 4 WEEKS PRIOR TO PUBLICATION DATE. If you require us to prepare artwork please advise us at the time you book your space. We cannot guarantee quality reproduction of supplied digital images. Please note that if artwork or photography is to be completed by us we need notification at time of booking.

CHARGE: $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PAYMENT AUTHORISATION

PAYMENT OPTIONS 1. Prepay. Please note all Directory bookings must be prepaid two weeks prior to publication date.

2. Standing order. Debited per issue for the duration of contract. Please see Standing Order to Debit Credit Card form.

3. Seven day account from date of publication with completion of credit application and subsequent approval.

1 Cancellations made after the final copy deadline for each issue and prior to 2 weeks from publication will be subject to 50% of the quoted advertising rate. Any cancellations made 2 weeks or less prior to publication will incur 100% of the quoted advertising rate.

2. A contract is for 12 months from the date of first issue booked. 3. All material and/or instructions for advertising will be provided by the published copy deadline. 4. If the contract is rescinded or not fulfilled in any way, a surcharge applies. The surcharge (cancellation of contract fee) is the dollar difference between the rate for the contract level

agreed and signed for (i.e. the number of insertions) and the rate for the number of insertions actually used multiplied by the number of insertions not used. (If uncertain about the surcharge implications please ask us for further details or an example).

5. Unless otherwise agreed in writing, photographs taken by Canongate Partners Pty Ltd or contractors of Canongate Partners Pty Ltd are copyright to Canongate Partners Pty Ltd and must not be reproduced without permission.

6. The publisher takes no responsibility for colour or accurate reproduction if a proof does not accompany supplied advertisements. I acknowledge that I have read and agree to the Canongate Partners Pty Ltd terms and conditions of trade, and also that conditions 1-6 above (especially condition 4) have been fully explained to me and that a surcharge or rate adjustment may apply.

7. The terms and conditions have been received and are agreed to.

AUTHORISED BY:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SIGNATURE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SPECIAL INSTRUCTIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PUBLISHERS INDEMNITY: Advertisers and/or advertising agencies, upon lodging material with the publisher for publication or authorising or approving of the publication of any material, indemnify the publisher, its directors, employees and agents against all claims, demands, proceedings, costs, expenses, damages, awards, judgements and any other liability whatsoever, wholly or partially arising directly or indirectly in connection with the publication of material and without limiting the generality of the foregoing, indemnify each of them in relation to defamation, libel, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of trade practices or fair trading legislation, violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights, and warrant that the material complies with all the laws and regulations and that its publication will not give rise to any claims against the publisher, its directors, employees and agents and without limiting the generality of the foregoing, that nothing therein is in breach of the Trade Practices Act 1974 or the Copyright Act 1968 or the Fair Trading Act 1987 or the defamation consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.

Published by Canongate Partners Pty Ltd PO Box 2, Goodwood SA 5034

Ground Floor, 10 Greenhill Road, Wayville SA 5034T 08 8408 0200 F 08 8373 0066

E [email protected] W www.salife.com.au ABN 41 231 971 675

EFFECTIVE May 1, 2014

ADVERTISING BOOKING CONFIRMATION


1. Definitions in these terms:

1.1 Business Day means a day that is not a Saturday, Sunday or public holiday in

South Australia;

1.2 Canongate means Canongate Partners Pty. Limited (ACN 071 274 578), of 10

Greenhill Road, Wayville, SA 5034;

1.3 Encumbrance means any encumbrance or Security Interest and includes any

legal or equitable mortgage, charge, hypothecation, pledge, lien, title retention or

conditional sales agreement, hire or hire purchase agreement, option or restriction

about transfer, use or possession;

1.4 GST means goods and services tax or any other similar tax imposed by reason of

a supply of the Goods and Services under these terms;

1.5 Goods and Services means the relevant goods and/or services (as applicable)

supplied by Canongate to You from time to time in accordance with these terms

and as defined in the Order and the Invoice;

1.6 Guarantor means the person who agrees to be liable for Your debts and

obligations under these terms;

1.7 Insolvency Event means:

1.7.1 If You are a body corporate:

(a) an administrator is appointed to You;

(b) You resolve to be wound up;

(c) a court order is made that You be wound up (for insolvency or otherwise);

(d) You cease business or a substantial part of Your business;

(e) a receiver or manager is appointed to You;

(f) a liquidator or provisional liquidator is appointed to You;

(g) You enter into an arrangement with Your creditors; or

(h) You are unable to pay Your debts when they are due;

1.7.2 If You are a natural person:

(a) You have committed an act of bankruptcy as contemplated by the

Bankruptcy Act 1966 (Cth);

(b) You are unable to pay Your debts as and when they become due and

payable;

(c) the court has made a sequestration order against Your estate;

(d) a creditors’ petition has been presented against You;

(e) You have presented to the official receiver a declaration of intention to

present a debtor’s petition;

(f) You become a bankrupt;

(g) a meeting of Your creditors is convened;

(h) You lodge with Your trustee a proposal to Your creditors for a

composition in satisfaction of Your debts or a scheme of arrangement of

Your affairs; or

(i) You cease business or a substantial part of Your business;

1.7.3 If You are trading as a partnership, the occurrence of any of the events described

in clause 1.6.2 in relation to any of the partners of the partnership;

1.8 Intellectual Property includes all copyright, patents, service marks, trade names,

trademarks, registered designs, licences, authorities, trade secrets and know-how,

whether registered or unregistered and including any application or right to apply

for any such intellectual property;

1.9 Invoice means the relevant invoice or other documents issued by Canongate

to You in respect of the supply of the Goods and Services in accordance with a

corresponding Order;

1.10 Loss means any cost, expense (including legal expenses on an indemnity basis),

loss, charge, fee, payment (including payment under any indemnity), damage or

liability whether present or future, fixed or unascertained, actual or contingent and

includes direct, indirect or consequential losses (including pure economic loss);

1.11 Order means a request by You to Canongate for the supply of certain goods and

services to You under these terms;

1.12 PPSA means the Personal Property Securities Act 2009 (Cth), any regulations

made at any time under the PPSA, or any amendment to the PPSA or those

regulations, made at any time, as the context requires;

1.13 Price means the price charged by Canongate for the supply of the Goods and

then current price list, (as that price list is amended, varied or substituted from

time to time);

1.14 Personal Information has the meaning given in the Privacy Law;

1.15 Privacy Law means the Privacy Act 1988 (Cth) and any other Australian

legislation affecting the collection, use and handling of information such as

Personal Information;

1.16 Term means 12 months from the date of the first issue published in respect of

the supply of the Goods and Services pursuant to an Order, or such other period

as agreed in writing between Canongate and You, and subject to the termination

provisions of these terms; and

1.17 You means the person to whom the Goods and the Services are provided and

any person acting on behalf of, and with the authority of, that person (and the

term Your has a corresponding meaning).

2. Interpretation in these terms:

2.1 neuter includes masculine and feminine, singular includes plural and vice versa,

another grammatical form of a defined word has a corresponding meaning and

reference to “includes” or “including” means without limitation;

2.2 reference to a person includes a corporation, partnership, trust, association,

unincorporated body, authority or other entity and vice versa and includes a

successor to the rights or obligations of that party under these terms and includes

its executors, administrators, successors and permitted assigns, and, if more than

one, means each of them jointly and severally;

2.3 a reference to a document includes the document as assigned, novated,

amended, supplemented or replaced from time to time;

2.4 headings do not affect interpretation and no rule of construction applies to the

disadvantage of a party because that party put forward these terms or any portion

of them;

2.5 if a provision of these terms would, but for this clause, be unenforceable, then

the provision must be read down to the extent necessary to avoid that result and,

if the provision cannot be read down to that extent, it must be severed without

affecting the validity and enforceability of the remainder of these terms;

2.6 reference to legislation includes the legislation as amended, any substituted

legislation, any sub-ordinate legislation under that legislation, any orders under

that legislation and any equivalent legislation in any other jurisdiction;

2.7 reference to a clause, paragraph, schedule or annexure is to a clause or

paragraph of, or a schedule or annexure to, these terms, and a reference to these

terms includes any schedule or annexure; and

2.8 if a day on or by which an obligation must be performed or an event must occur is

not a Business Day, the obligation must be performed or the event must occur on

or by the next Business Day.

3. Application of these terms

These terms apply to the supply of the Goods and Services by Canongate to

You from time to time during the Term. For the avoidance of doubt, these terms

apply to the supply of Goods and Services by Canongate to You in respect of any

present or future publication produced by Canongate from time to time including,

without limitation, SA Life Magazine.

4. Variation to these terms

4.1 These terms may be amended, varied or substituted by Canongate at its

discretion at any time and from time to time.

4.2 Any amendment, variation or substitution of these terms in accordance with

clause 4.1 will take effect immediately upon notice to You.

4.3 Canongate does not authorise any of its agents or representatives to make, and

Canongate will not be bound by, any representations, statements, conditions or

agreements in relation to these terms except as made by the manager in writing.

5. Order and Supply of Goods and Services

5.1 You may place an Order with Canongate for the provision of Goods and Services

at any time.

5.2 Canongate may, in its absolute discretion, accept or reject an Order.

5.3 If Canongate accepts an Order, Canongate will supply the Goods and Services to

You on these terms.

6. Amendment of Order

6.1 By written notice to Canongate, You may request an amendment to an Order.

6.2 If You request an amendment to an Order after the final copy deadline for each

issue (if applicable) then, subject to clause 6.3, Canongate may, in its absolute

discretion by notice to You, accept or reject that request.

6.3 If Canongate accepts Your request, Canongate may charge You all fees and

charges associated with carrying out Your instructions to amend any Order.

6.4 No amendments to any Order are effective unless confirmed in writing by

Canongate.

7. Cancellation of Order

7.1 By Canongate

Canongate may, by notice to You at any time before the Goods and Services are

delivered, cancel an Order it has previously accepted, and Canongate will not be

liable to You for any Loss You suffer as a result of any such cancellation.

7.2 By You

7.2.1 By written notice to Canongate, You may cancel an Order at any time.

7.2.2 If You cancel an Order after the final copy deadline for each issue (if applicable)

but before the date that is two weeks before the publication date (as determined

by Canongate from time to time and notified to You), then You must pay

Canongate a cancellation fee equal to 50% of the Price for the cancelled Goods

and Services.

7.2.3 If You cancel an Order on or after the date that is two weeks before the

publication date (as determined by Canongate from time to time and notified to

You), then You must pay Canongate a cancellation fee equal to 100% of the

Price for the cancelled Goods and Services.

7.3 You acknowledge and agree that the cancellation fees referred to in clause 7.2

are fair and reasonable and are a genuine pre-estimate of the actual Loss likely to

be suffered by Canongate as a result of the cancellation of Orders.

TERMS & CONDITIONS OF TRADE

8. Delivery of Goods and Services

8.1 Canongate will use its best endeavours to deliver the Goods and Services to You

in accordance with the Order or as otherwise agreed in writing between You and

Canongate.

8.2

entitle You to repudiate these terms and Canongate shall not be liable to You

or any other party claiming through You for any Loss suffered due to failure to

deliver the Goods and Services promptly or at all.

9. Defective Goods and Services

9.1 If, within two Business Days of delivery of the Goods and Services, You notify

Canongate of any defective or damaged Goods and Services, then You shall

allow Canongate a reasonable period of time to inspect the Goods and Services

to determine whether or not they are defective or damaged.

9.2 If Canongate determines that the Goods and Services are defective or damaged,

then Canongate will resupply the defective or damaged Goods and Services.

9.3 If no notice is provided to Canongate pursuant to clause 9.1, then the supply of

the Goods and Services shall be deemed to be in accordance with these terms

and not defective or damaged.

9.4 The instructions to Canongate contained in an Order are solely Your responsibility

and Canongate will not be responsible to check the accuracy of any Order or to

undertake a final check of the Goods and Services (including final proof reading).

Canongate is not liable to You for any Loss You suffer as a result of any error

contained in the Order. For the avoidance of doubt, the Goods and Services shall

not be defective because of an error in an Order or errors made by You in the

final check of the Goods and Services.

10. Payment of Price for Supply of Goods and Services

10.1 Subject to clause 10.2, You must pay Canongate the Price in accordance with the

Invoice or as otherwise agreed between You and Canongate from time to time.

If no time frame for payment of the Price is specified in the Invoice or otherwise

agreed, then You must pay the Price on delivery of the Goods and Services.

10.2 Canongate may, in its absolute discretion and as agreed in writing between You

and Canongate from time to time:

10.2.1 allow or require that You pay the Price in instalments in accordance with

10.2.2 allow or require that You pay the Price on the 30th day of the month following the

date on which Canongate provides You with an Invoice;

10.2.3 allow or require that You pay the Price within 7 days of the date on which

Canongate provides You with an Invoice;

10.2.4

absolute discretion (which will be payable immediately upon notice to You or as

otherwise agreed in writing); or

10.2.5 agree to any other arrangement or impose any other requirements in relation to

the payment of the Price by You.

10.3 Payment of the Price or the deposit must be made by cheque, bank cheque,

money order, credit card, direct credit, or any other means agreed between You

and Canongate.

10.4 Any payments made by credit card may attract an additional surcharge, which will

be notified by Canongate to You when applicable.

10.5 Interest shall be payable by You on all amounts which have not been paid in

accordance with this clause 10 at a daily rate of 2.5%, compounding per calendar

month.

10.6 Without limiting clause 10.5, if any amount payable by You remains unpaid for

two months after the due date then an amount of either $20 or 10% of the amount

outstanding (whichever is greater) will immediately become payable in addition to

all other amounts outstanding or owing by You.

10.7 The Price or any other amount due by You shall not be reduced by way of set-off,

10.8 If an Insolvency Event occurs then the Price and all other amounts that may be

due by You to Canongate at some future date become immediately payable.

11. Indemnity by You

You agree to indemnify Canongate against all Loss suffered by Canongate

arising from or in connection with its performance of these terms except to the

extent that such Loss is a result of Canongate’s breach or negligence.

12. Goods and Services Tax

12.1 Unless stated otherwise in the Invoice, the Price and other amounts payable by

You under these terms are calculated and expressed exclusive of GST.

12.2 If GST is or becomes payable by Canongate for a supply under these terms, You

must pay to Canongate an amount equal to the GST payable on that supply.

12.3 An amount payable under this clause must be paid:

12.3.1 if in respect of the supply of Services, at the same time as the payment of the

Price;

12.3.2 if in respect of any other supply under these terms, at the same time as the

payment of the amount payable by You in respect of that supply is due;

12.3.3 in addition to the Price and any other amounts payable by You under these terms.

12.4 If You fail to pay an amount payable under this clause when due, Canongate may

recover it from You as a debt under these terms.

12.5 If an amount is payable under this clause, Canongate must deliver a tax invoice

to You within 7 days of receiving such payment.

13. Suspension and Termination for Default

13.1 These terms and conditions, any Order or the supply of any Goods and

immediately without further notice to You if:

13.1.1 You or the Guarantor fail to pay when due any amounts owing to Canongate in

connection with these terms and conditions;

13.1.2 You breach any term of these terms and conditions (other than a term relating

to payment of the Price or any other amounts to Canongate) and Canongate

provides notice to You requiring You to rectify the breach within 5 days of giving

such notice and You fail to rectify the breach to the satisfaction of Canongate

within that period; or

13.1.3 an Insolvency Event occurs in relation to You or the Guarantor.

13.2 Termination of these terms and conditions will have the effect of automatically

terminating all outstanding Orders or supplies of Goods and Services.

13.3 The termination of these terms and conditions for whatever reason is without

prejudice to any rights or liabilities of the parties accrued to the date of

termination.

14. Guarantee and Security

14.1 The Guarantor unconditionally guarantees and indemnifies Canongate for the due

and punctual payment or all amounts owing by You, and the performance of all

obligations required to be performed by You, under these terms and conditions.

14.2 To secure the payment of the Price and all other amounts owing by You to

Canongate, and the performance of all obligations required to be performed

by You, under these terms You and the Guarantor (as applicable) grant to

Canongate an Encumbrance over the Goods and Services and all other real and

personal property You and the Guarantor (as applicable) own or hold.

14.3 Canongate may take any action it considers necessary to enforce or protect its

interest under clause 14.2, including registering that interest on any relevant

register.

14.4 You and the Guarantor (as applicable) acknowledge and agree that:

14.4.1 Canongate may register a caveat or other Encumbrance over any real property

You and the Guarantor (as applicable) own; and

14.4.2 Canongate may register a Security Interest or other Encumbrance over any

personal property You and the Guarantor (as applicable) own and do anything

contemplated by clause 15.1.

14.5 Upon Your request and subject to payment of all amounts owning to Canongate,

Canongate will release any interest it is granted under clause 14.2 and, subject to

You indemnifying Canongate for the cost of removal or discharge, Canongate will

remove or discharge that interest from any register it has been noted on pursuant

to clause 14.3.

14.6 You hereby irrevocably appoint Canongate as Your attorney for the purpose of

exercising all rights in respect of the interest granted under clause 14.2 and to

do anything and execute all instruments necessary for Canongate to exercise all

rights and protect the interest granted under clause 14.2.

15. Personal property and securities act

15.1 If Canongate determines that these terms (or a transaction in connection with

these terms) provides for or creates or contains a Security Interest for the

purposes of the PPSA, You and the Guarantor (as applicable) agree that these

terms (along with any Orders, Invoices and other relevant agreements) constitute

a Security Agreement and to do anything (including without limitation obtaining

consents and agreements, giving notices, signing and producing documents,

getting documents completed and signed and supplying information including

serial numbers) which Canongate, acting reasonably, asks and considers

necessary for the purposes of:

15.1.1 ensuring that the Security Interest is enforceable, Perfected and otherwise

effective; or

15.1.2 enabling Canongate to apply for any registration, completing any financing

statement or giving any notification, in connection with the Security Interest; or

15.1.3 enabling Canongate to exercise rights in connection with the Security Interest; or

15.1.4 enabling Canongate to Perfect within the time limit specified in the PPSA its

Security Interest, including any Security Interest that is, or is to be, created

or provided for by these terms in relation to any personal property granted a

temporary perfection under the PPSA at any time; or

15.1.5

PPSA to register fully valid and effective financing statements or financing change

statements with respect to any Security Interest held or intended to be held by

Canongate under these terms at any time.

15.2 To the extent permitted by law, Canongate need not give any notices to You or

the Guarantor (as applicable) under the PPSA including notice of a verification

statement.

15.3 For the purposes of this clause 15, any word or combination of words used in

these terms that is or are defined in the PPSA will have the same meaning as in

the PPSA, unless the context otherwise requires.

16. Other matters

You must do everything reasonably required by Canongate to carry out these terms.

17. Your Warranties

17.1 You warrant that all designs and other instructions contained any Order will not

cause Canongate to infringe any Intellectual Property by the supply of Goods and

Services pursuant to that Order.


17.2 You warrant that You make all Orders relying solely on Your own skill, expertise

and judgement.

18. Title and Risk

18.1 The Goods and Services remain the property of Canongate until You pay the

Price and all other amounts owing to Canongate. Until that time you are to hold

the Goods and Services for Canongate on trust.

18.2 Risk in the Goods and Services passes from Canongate to You on delivery.

19. Change in Law

Canongate takes no responsibility for changes in law that effect the Goods and

Services and the supply of the Goods and Services.

20. Liability

20.1 Except to the extent required by law, Canongate does not give, and will not be

bound by, any warranty in respect of the Goods and Services.

20.2 Except where required by mandatory operation of law, Canongate shall not

be liable to You for any Loss You suffer including any indirect loss or expense

(including for loss of profit) suffered by You in connection with these terms.

20.3 Canongate shall not be liable to any person other than You in connection with

the provision of the Goods and Services and You shall indemnify and keep

indemnified Canongate in respect of any Loss suffered by any third party in

connection with the provision of the Goods and Services in accordance with these

terms.

20.4 Without limiting any other provisions of these terms and subject to mandatory

operation of law:

20.4.1 where legislation permits Canongate to limit its liability for breach of any

resupply of the Goods and Services; and

20.5 in any other case, Your remedies shall be limited to damages and under no

amount equal to the Price.

21. Copyright and Intellectual Property

Where Canongate has produced Intellectual Property for You in the supply of

the Goods and Services, Canongate owns that Intellectual Property and that

Intellectual Property shall only be used by You with the prior written consent

of Canongate. For the avoidance of doubt, the copyright in all photographs

taken by Canongate in connection with the Goods and Services is owned by

Canongate and such photographs may only be used by You with the prior

written consent of Canongate.

22. Confidentiality

22.1 Confidentiality obligation

A party must keep confidential, and must not disclose to any other person

without the prior written consent of the other party:

22.1.1 all information obtained in investigations or negotiations leading to this document;

and

22.1.2 the terms of this document; and

22.1.3 all information made available to the party under, or in connection with, or in the

course of performance of this document.

22.2 Exceptions

The parties’ obligations under clause 22.1 do not apply to a disclosure to the

extent that the disclosure is:

22.2.1 necessary to the performance of this document; or

22.2.2

and contents of the disclosure; or

22.2.3 required by the rules of an applicable stock exchange or by law or by the

regulations of any government or government agency having jurisdiction over the

party concerned; or

22.2.4 of information that is in the public domain (other than as a breach of this clause);

or

22.2.5

duty of confidentiality.

22.3 Survival

This clause survives any termination or expiry of this document.

23. Personal Information

23.1 From time to time Canongate may collect Personal Information from You and

the Guarantor for various purposes, including for the purpose obtaining a credit

report about You and the Guarantor (as applicable) in relation to the supply of

the Goods and Services and the payment of the Price and other amounts due to

Canongate in accordance with these terms.

23.2 Canongate, You and the Guarantor acknowledge and agree that in respect of any

Personal Information Canongate receives or has access to under these terms:

23.2.1 it will comply with the Privacy Law; and

23.2.2 it will only use Personal Information for the purposes for which it was provided

to Canongate, unless Canongate obtains Your prior written consent to use the

Personal Information for any other purpose.

23.3 For the purposes of clause 23.2.2, You and the Guarantor (as applicable)

acknowledge that Canongate may:

23.3.1 exchange information about You and the Guarantor (as applicable) with any credit

providers named in any relevant application for credit You and the Guarantor (as

applicable) make, in any relevant account and in a consumer credit report issued

by a reporting agency for the following purposes:

(a) to assess a credit application by You and the Guarantor (as applicable);

(b) to notify other credit providers of a default by You and the Guarantor (as

applicable);

(c) to exchange information with other credit providers as to the status of

any credit account, where You and the Guarantor (as applicable) are in

default with other credit providers; and

(d) to assess the credit worthiness of You and the Guarantor (as applicable).

23.4 You and the Guarantor (as applicable) consent to Canongate being given a

consumer credit report to collect overdue payment on commercial credit (Section

18K(1)(h) of the Privacy Law).

23.5 You and the Guarantor (as applicable) acknowledge and agree that Canongate

may give, information about You and the Guarantor (as applicable) to a credit

reporting agency for the following purposes:

23.5.1 to obtain a consumer credit report about You and the Guarantor (as applicable);

and or

23.5.2 to allow the credit reporting agency to create or maintain a credit information file

containing information about You and the Guarantor (as applicable).

24. Change of Your details

You must notify Canongate not less than 14 days before You change any of

Your details including Your name, address, telephone and facsimile numbers and

email address.

25. No waiver

A party waives a right under these terms only by written notice that it waives that

right. A waiver is limited to the specific instance to which it relates and to the

specific purpose for which it is given.

26. Time of the essence

26.1 Time is of the essence as regards any date or period under these terms.

26.2 If the parties agree in writing to alter a date or period, time is of the essence as

regards the altered date or period.

27. Force majeure

A party is not liable for failure to perform these terms to the extent and for so

long as its performance is prevented or delayed because of circumstances

outside the party’s direct control and without fault or negligence by that party,

but only if that party:

27.1 immediately gives written notice to the other party; and

27.2 does everything reasonable to remedy the cause quickly.

28. Assignment and Novation

28.1 Canongate may assign, novate, license or sub-contract its interests under these

terms at any time without notice to You and without Your consent.

28.2 You may only assign, novate, license or sub-contract Your interests under these

29. Notice

29.1 Method

Notice can only be in English, in writing and signed by the party or its agent.

29.2 Service

Notice can only be given to a party:

29.2.1 personally;

29.2.2 by registered post, facsimile transmission or email to the last known address,

facsimile number or email address (respectively) as notified to the other party

from time to time;

29.2.3 as permitted by the Corporations Act 2001 (Cth) or any other statute.

29.3 Time of receipt

A notice is deemed to have been given and received:

29.3.1 if delivered personally, on the day of delivery if delivered before 5.00pm on a

Business Day, otherwise on the next Business Day;

29.3.2 if posted, at the time at which the letter would be delivered in the ordinary course

of post;

29.3.3 if by facsimile transmission when the sending machine confirms notice has been

sent if that is before 5.00pm on a Business Day, otherwise on the next Business

Day; and

29.3.4 if by email when the sending machine confirms notice has been sent if that is

before 5.00pm on a Business Day, otherwise on the next Business Day.

29.4 Party comprising more than one

here two or more people comprise a party, notice to one is effective notice to all.

30. Governing law

30.1 These terms are governed by the laws in South Australia.

30.2 The courts of South Australia or the Federal Court of Australia (Adelaide Registry)

have non-exclusive jurisdiction in connection with these terms.

30.3 The parties submit to the jurisdiction of those courts and any courts which have

jurisdiction to hear appeals from those courts.


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