Media kit The best of Adelaide and South Australia

Transcription

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SOUTH AUSTRALIA’S BIGGEST SELLING LIFESTYLE MAGAZINE
The best of Adelaide and South Australia
Media kit
Our magazines are the perfect place
to spread your message.
SALIFE is a highly sophisticated magazine that showcases the incredible
talent in South Australia; talent that includes designers, artists, entrepreneurs,
business people, chefs, architects, winemakers ... the list is almost endless.
Why us?
SALIFE is in its 14th year and thanks to
strong support from our advertisers
and readers we’re in great spirits.
Australia’s, even South
Australia’s, media landscape
is very competitive. The array
of choice for the advertiser
is vast. You have made the
decision to advertise, but
where should you advertise?
We continue to be the BIGGEST selling magazine
in South Australia.
We have developed strong relationships with
many, many ADVERTISERS … testament to the
success of the results and the value they see it
adds to their brands and businesses.
Editor Jacqui Harbison
Our TELEVISION PROGRAM – SALIFE on
Channel 7 at 5.30pm on Sundays – wins its
timeslot by tens of thousands of viewers each
week. This year is its sixth season.
Our EDITOR, Jacqui Harbison, is regularly
heard on RADIO ratings-winning FIVEaa, talking
about SALIFE, our quarterly gardening magazine
SAGardens & SAOutdoor Living, our homes
magazine, SAHomes & Interiors, or our gourmet
annual, SALIFE Food & Wine.
And, apart from regular spots on televison and
radio, we also promote our magazines by other
high visibility media such as Adelaide trams.
Sundays at 5.30pm on
Targeted communications are more
persuasive and effective
When it comes to engaging with your
target audience, magazines such as
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 also
have another advantage: we deliver
content that tends to be more relevant
to the reader than other media. We
know our target audience very well
and they are at the forefront of our
minds at every editorial meeting.
About us
Features
Colour
my
winter
colour in the garden can be take many forms.
living colour certainly tops the list, but it’s
surprising to discover just what else can bring
us joy at this time of year.
Instantly recognisable, the Marimekko linen used in each bedroom is very much back in fashion and fortunately easily available.
Words gardening editor michael keelan
lot of people who crashed wherever they could find space.” this
holiday home includes a cupboard full of mattresses to cater for
such an eventuality.
even as a child in the 1960s, Kevin had an interest in the
architecture evolving at the time and cites Harry seidler and
Marcel Breuer as influences. But the ideals of the modernist
movement were reinforced a little closer to home. “i can
remember my father always making things and built-in furniture
was just starting off. i had a big bedroom and he built me
an l-shaped desk with a different colour for every door. our
kitchen was also multi-coloured. it was the post-war era and the
repression of World War ii was released so people were going for
colour and big patterns.
“there was a lot of interesting stuff happening in that era,
in architecture and in furniture – i never liked the furniture as
a kid.” times and tastes have changed and mid-century design
is extremely popular at present but Kevin and sue didn’t want
to “go holus bolus” and have instead included only some iconic
pieces and referenced certain elements.
From the road, the home is intentionally quite modest
despite extending from boundary to boundary. Floating steps
take visitors to the painted green front door and those with a keen
eye for detail will notice the differing break-up of the windows of
the two front bedrooms. on the wall behind the front door is a
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curated photo wall – in what is perhaps an upmarket version of
the shack pin-up board – depicting the family’s travels.
a breezeway takes you past the main bathroom and laundry
sitting opposite an internal courtyard. Here western red cedar
cladding forms a feature wall as a backdrop to a clever sculpture
made from a chain, found among the weeds when they purchased
the home and suspected to have come from a paddle steamer or
barge due to the size of the links. to install the “artwork”, Kevin
suspended the chain above a hole in the ground and the plumber
welded each link in place.
stepping into the living space, the view of the river unfolds
but the colourful interior below the raked ceiling does provide
a distraction. the kitchen is a direct reference to the cabinetry
handcrafted by Kevin’s father and the stand-alone retro fridge is
a perfect example of the enduring popularity of certain designs.
danish chairs from the 1950s and a contemporary table crafted
from recycled european oak are the perfect accompaniment. the
Poul Henningsen light fitting, designed in 1939, finishes the look.
there is no island bench. Kevin feels this would have restricted
an already tight fit out and instead the space is more intimate.
the living area features similar design cues, with a midcentury style lounge suite and a feature bookcase to store
magazines and display ornaments. the bookcase obscures the
entrance to the master bedroom which has a river view. the
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s a l i f e s u n d ay s 5 . 3 0 o n c h a n n e l 7
111
122
A
t the end of summer we cAn be forgiven
for thinking we are heading into a cold, grey and
colourless time in our gardens, but not so. many
gardens are at their blazing and brilliant best in the
cooler months, and i don’t mean just with flowers
and blooms.
trees play out their understandably important role in
providing shade and structure, but many can also subtly
transform your garden as the temperature drops. not only are
trees the botanical sentinels of our gardens, many are the star
attraction. we don’t always have a choice of which trees we have
in our garden, as many are inherited, but as their custodians we
have to work with what we have. if starting from scratch however,
the sky’s the limit to introduce a diversity of shapes, sizes and
colours to contribute to a stunningly colourful winter garden.
some larger trees, such as the south Australian icon
Fraxinus angustifolia “raywood” (claret ash) with its dark claret
foliage which can hold on for several weeks into winter, are
truly magnificent. And who could fail to be impressed with the
ornamental pears at this time of the year? or the glorious golden
foliage of Koelreuteria paniculata (golden rain tree), robinia and
sophora Japonica (Japanese pagoda tree)? Ask at your local nursery
for more recommendations of suitable trees.
shrubs of all shapes and sizes can also add colour. heavenly
bamboo Nandina domestica and “nana purpurea” have deep red
winter foliage, while a range of colours can be added with acacias
such as Acacia “Limelight”. there’s also red cordyline, purple
Agonis flexuosa “After dark”, Hibiscus cooperii with its variegated
foliage and Berberis thunbergii just to mention just a few. the
tough, old-fashioned Chlorophytum comosum (spider plant)
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Luxury homes and gardens
SALIFE offers readers the opportunity
to visit private properties for inspiration
in design and style. Our high quality
photographs reflect the luxury lifestyles
enjoyed in these homes and gardens.
People and places
Readers like to know who’s doing
what and where. Each issue features
interesting South Australians and we take
readers to places they may be thinking of
visiting, and some they’ve never heard of.
Food and wine
Each issue we look at what’s happening
in the local food and wine scene –
restaurants, chefs and recipes, wine
reviews and local produce.
See and be seen
Our widely-read social pages celebrate
recent events around the state and the
featured weddings are sure to inspire any
bride and groom.
123
• First published December 3,
2003, and monthly thereafter
except January
• Minimum 13,500 copies
printed per issue
• We only use the finest
stock for the cover and text
pages, ensuring beautiful
reproduction
• Sold through more than 300
newsagencies statewide
• Found in guest rooms in
four and five star hotels in
Adelaide
• Available in the Qantas
lounges in Adelaide and
Melbourne
• Seen in beauty salons,
doctors’ rooms, dental
surgeries and bed and
breakfast accommodation
• Frequently requested by
black tie ball organising
committees for the “goodie
bag” gifts at events
• We have more than 4500
subscribers statewide,
national and international.
Many subscriptions are
purchased as gifts
• We have a community
conscience: Donations to the
Can:Do 4 Kids Foundation,
the Queen Elizabeth Hospital
Research Foundation and
the Flinders Medical Centre
Foundation, sponsorship
of art events, plus many
magazine subscriptions
for school and community
fundraisers
SALIFE readers are most likely ...
SALIFE delivers ...
• Strong brand recall
(63% general population)
• Strong general population
perceptions
• Relevant content
• Reputable brand
• Women in their 30s
and above
• Tech savvy, house proud,
educated, well-travelled,
family-oriented and know
quality when they see it
• Very interested in real estate,
either as a residence owner/
buyer/seller or as an investor
•To take a keen interest in
fashion and well-being
• Men who appreciate luxury
cars, and enjoy perusing the
social pages
• To visit the theatre, the
movies, or attend a concert
• Dining, cheap and cheerful
through to gourmet
• To support a charity
• To have an annual
household income of more
than $100,000
• Good value for money
• Time spent reading SALIFE
(almost 5 hour average)
• People like to show SALIFE off
(83% keep them on display;
66% of SALIFE subscribers
pass their magazine on to
friends and family)
• A reputable source for South
Australian content
– Independent market research
EFFECTIVE MAY 2016
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 salife.com.au
© COPYRIGHT CANONGATE PARTNERS PTY LTD 2015
Advertising
deadlines
2017
2018
ABN 41 231 971 675
ISSUE ON SALE
BOOKING DEADLINE
MATERIAL DEADLINE
October 6
September 9
September 14
November 3
October 7
October 12
December 1
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February 2
January 6
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June 1
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EFFECTIVE DECEMBER 2015
T 08 8408 0200 F 08 8373 0066
E [email protected] W salife.com.au
© COPYRIGHT CANONGATE PARTNERS PTY LTD 2015
ABN 41 231 971 675
Artwork
specifications
SALIFE magazine’s finished size is
240mm wide x 320mm high and
is burst bound.
It is printed on 95gsm gloss art
stock, with the cover printed on
300gsm satin stock.
It is published monthly (except
January) and retails for $8.80.
Please ensure
• All artwork is supplied as Press
Quality PDFs.
• All images and logos are 300dpi,
CMYK (no spot colours).
• All fonts are embedded or outlined.
• All double page and full pages are
supplied with 3mm bleed.
This continuation of your artwork
allows for potential minor variation
when the magazine is trimmed.
Advertisement sizes
• The minimum font size is 6.5pt for
contact details and minimum 7.5pt
for body copy. Reversed text should
be medium to bold.
• Colours will only be matched if
artwork is supplied with a hard copy
proof, provided from a printer’s
professional colour proofing system.
All other hard copy proofs will be
used as a positional guide only.
Contact us for specifications for back cover,
gatefolds, inserts, onserts and flysheet.
HALF PAGE VERTICAL
96mm wide x 280mm high
DOUBLE PAGE with 3mm bleed
(trim size 480mm wide x 320mm high)
Ensure type is 20mm from the gutter. Keep all
important information 15mm from the top and
bottom of your page.
HALF PAGE HORIZONTAL
FULL PAGE with 3mm bleed
(trim size 240mm wide x 320mm high)
QUARTER PAGE
Ensure type is 20mm from the gutter,
remember your advertisement could be
on a left or right hand page. Keep all
important information 15mm from the top
and bottom of your page.
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INITIAL. . . . . . . . . . . . . . Published by Canongate Partners Pty Ltd ABN 41 231 971 675
T 08 8408 0200 F 08 8373 0066 E [email protected]
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To book advertising space in SALife 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.
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PHONE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FAX:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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UPGRADE OPTION:
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 ARTWORK SUPPLIED  ARTWORK REQUIRED
DEADLINE 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
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CHARGE: $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  WOULD YOU LIKE TO RECEIVE OUR REGULAR E-NEWSLETTERS?
PAYMENT AUTHORISATION
PAYMENT OPTIONS
1.
2.
3.
 Prepay. Please note all Directory bookings must be prepaid two weeks prior to publication date.
 Standing order. Debited per issue for the duration of contract. Please see Standing Order to Debit Credit Card form.
 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.
TERMS & CONDITIONS OF TRADE
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.7.1
Definitions in these terms:
Business Day means a day that is not a Saturday, Sunday or public holiday in
South Australia;
Canongate means Canongate Partners Pty. Limited (ACN 071 274 578), of 10
Greenhill Road, Wayville, SA 5034;
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;
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;
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;
Guarantor means the person who agrees to be liable for Your debts and
obligations under these terms;
Insolvency Event means:
If You are a body corporate:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
1.7.2
1.7.3
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
an administrator is appointed to You;
You resolve to be wound up;
a court order is made that You be wound up (for insolvency or otherwise);
You cease business or a substantial part of Your business;
a receiver or manager is appointed to You;
a liquidator or provisional liquidator is appointed to You;
You enter into an arrangement with Your creditors; or
You are unable to pay Your debts when they are due;
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;
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;
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;
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to You in respect of the supply of the Goods and Services in accordance with a
corresponding Order;
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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);
Order means a request by You to Canongate for the supply of certain goods and
services to You under these terms;
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;
Price means the price charged by Canongate for the supply of the Goods and
Services to You, being, in Canongate’s absolute discretion, either the price shown
on the Invoice, or the price for the Goods and Services shown on Canongate’s
then current price list, (as that price list is amended, varied or substituted from
time to time);
Personal Information has the meaning given in the Privacy Law;
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;
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
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.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Interpretation in these terms:
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;
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;
a reference to a document includes the document as assigned, novated,
amended, supplemented or replaced from time to time;
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;
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;
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;
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
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.
4.1
Variation to these terms
These terms may be amended, varied or substituted by Canongate at its
discretion at any time and from time to time.
Any amendment, variation or substitution of these terms in accordance with
clause 4.1 will take effect immediately upon notice to You.
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.
4.2
4.3
5.
5.1
5.2
5.3
6.
6.1
6.2
6.3
6.4
7.
7.1
7.2
7.2.1
7.2.2
7.2.3
7.3
Order and Supply of Goods and Services
You may place an Order with Canongate for the provision of Goods and Services
at any time.
Canongate may, in its absolute discretion, accept or reject an Order.
If Canongate accepts an Order, Canongate will supply the Goods and Services to
You on these terms.
Amendment of Order
By written notice to Canongate, You may request an amendment to an Order.
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.
If Canongate accepts Your request, Canongate may charge You all fees and
charges associated with carrying out Your instructions to amend any Order.
No amendments to any Order are effective unless confirmed in writing by
Canongate.
Cancellation of Order
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.
By You
By written notice to Canongate, You may cancel an Order at any time.
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.
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.
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.
8.
8.1
8.2
9.
9.1
9.2
9.3
9.4
10.
10.1
10.2
10.2.1
10.2.2
10.2.3
10.2.4
10.2.5
10.3
10.4
10.5
10.6
10.7
10.8
11.
12.
12.1
12.2
12.3
12.3.1
12.3.2
12.3.3
12.4
12.5
Delivery of Goods and Services
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.
Canongate’s failure to deliver the Goods and Services for any reason shall not
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.
Defective Goods and Services
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.
If Canongate determines that the Goods and Services are defective or damaged,
then Canongate will resupply the defective or damaged Goods and Services.
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.
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.
Payment of Price for Supply of Goods and Services
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.
Canongate may, in its absolute discretion and as agreed in writing between You
and Canongate from time to time:
allow or require that You pay the Price in instalments in accordance with
Canongate’s delivery/payment schedule or otherwise;
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;
allow or require that You pay the Price within 7 days of the date on which
Canongate provides You with an Invoice;
require that You pay a deposit for an amount determined by Canongate’s in its
absolute discretion (which will be payable immediately upon notice to You or as
otherwise agreed in writing); or
agree to any other arrangement or impose any other requirements in relation to
the payment of the Price by You.
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.
Any payments made by credit card may attract an additional surcharge, which will
be notified by Canongate to You when applicable.
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.
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.
The Price or any other amount due by You shall not be reduced by way of set‑off,
counterclaim or otherwise without Canongate’s prior written consent.
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.
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.
Goods and Services Tax
Unless stated otherwise in the Invoice, the Price and other amounts payable by
You under these terms are calculated and expressed exclusive of GST.
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.
An amount payable under this clause must be paid:
if in respect of the supply of Services, at the same time as the payment of the
Price;
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;
in addition to the Price and any other amounts payable by You under these terms.
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.
If an amount is payable under this clause, Canongate must deliver a tax invoice
to You within 7 days of receiving such payment.
13.
13.1
13.1.1
13.1.2
13.1.3
13.2
13.3
14.
14.1
14.2
14.3
14.4
14.4.1
14.4.2
14.5
14.6
15.
15.1
15.1.1
15.1.2
15.1.3
15.1.4
15.1.5
15.2
15.3
Suspension and Termination for Default
These terms and conditions, any Order or the supply of any Goods and
Services may at Canongate’s option, be suspended or terminated by Canongate
immediately without further notice to You if:
You or the Guarantor fail to pay when due any amounts owing to Canongate in
connection with these terms and conditions;
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
an Insolvency Event occurs in relation to You or the Guarantor.
Termination of these terms and conditions will have the effect of automatically
terminating all outstanding Orders or supplies of Goods and Services.
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.
Guarantee and Security
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.
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.
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.
You and the Guarantor (as applicable) acknowledge and agree that:
Canongate may register a caveat or other Encumbrance over any real property
You and the Guarantor (as applicable) own; and
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.
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.
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.
Personal property and securities act
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:
ensuring that the Security Interest is enforceable, Perfected and otherwise
effective; or
enabling Canongate to apply for any registration, completing any financing
statement or giving any notification, in connection with the Security Interest; or
enabling Canongate to exercise rights in connection with the Security Interest; or
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
enabling Canongate, where Canongate’s documents meet the requirements of the
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.
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.
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.
17.1
Your Warranties
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.
18.1
Title and Risk
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.
Risk in the Goods and Services passes from Canongate to You on delivery.
18.2
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
non‑excludable condition or warranty, Canongate’s liability shall be limited to
resupply of the Goods and Services; and
20.5
in any other case, Your remedies shall be limited to damages and under no
circumstances shall Canongate’s liability to You under these terms exceed an
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 made on a confidential basis with the other party’s consent in writing to the fact
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 to the party’s solicitors, barristers or other professional advisers who are under a
duty of confidentiality.
22.3
Survival
This clause survives any termination or expiry of this document.
23.
23.1
23.2
23.2.1
23.2.2
23.3
23.3.1
Personal Information
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.
Canongate, You and the Guarantor acknowledge and agree that in respect of any
Personal Information Canongate receives or has access to under these terms:
it will comply with the Privacy Law; and
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.
For the purposes of clause 23.2.2, You and the Guarantor (as applicable)
acknowledge that Canongate may:
exchange information about You and the Guarantor (as applicable) with any credit
23.4
23.5
23.5.1
23.5.2
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).
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).
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:
to obtain a consumer credit report about You and the Guarantor (as applicable);
and or
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.
26.1
26.2
Time of the essence
Time is of the essence as regards any date or period under these terms.
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:
immediately gives written notice to the other party; and
does everything reasonable to remedy the cause quickly.
27.1
27.2
28.
28.1
28.2
Assignment and Novation
Canongate may assign, novate, license or sub-contract its interests under these
terms at any time without notice to You and without Your consent.
You may only assign, novate, license or sub-contract Your interests under these
terms with Canongate’s prior written consent, which consent may be withheld in
Canongate’s absolute discretion.
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:
29.2.1personally;
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.
30.1
30.2
30.3
Governing law
These terms are governed by the laws in South Australia.
The courts of South Australia or the Federal Court of Australia (Adelaide Registry)
have non‑exclusive jurisdiction in connection with these terms.
The parties submit to the jurisdiction of those courts and any courts which have
jurisdiction to hear appeals from those courts.

Media kit The best of Adelaide and South Australia

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