AWARD PLASTICS LTD TERMS & CONDITIONS OF TRADE
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1 - DEFINITIONS
1.1 "Seller means AWARD PLASTICS LTD, and any company which is directly or
indirectly a subsidiary of AWARD PLASTICS LTD and any duly authorised agent.
1.2 "Customer" means the person, authorised agent or legal entity described in
the application, or stated on the invoice or order form, buying goods and/or
services from AWARD PLASTICS LTD.
1.3 "Goods" has the same meaning as section 2 of the Sale of Goods Act 1908 and
is any goods provided by the seller to the customer.
1.4 "Services" shall mean all services supplied by the seller to the customer and
includes any recommendations or advice.
1.5 "Price" shall mean the purchase price of the goods and any other costs.
2 - ACCEPTANCE
2.1 Any instructions received by the seller from the customer for the supply of
goods shall constitute acceptance of the terms and conditions contained herein.
2.2 No agent or representative of the seller is permitted to make any such
agreements, representations, conditions or warranties not expressly confirmed by
the seller in writing.
3 - PRIVACY ACT 1993
3.1 The customer permits the seller to collect, use and retain any information
concerning the customer, for the purpose of assessing the customers credit
worthiness, to enforce any rights under this contract, or the marketing of any
goods & services provided by the seller to any other party.
3.2 The customer permits the seller to disclose information obtained to any person
for the purposes set out in clause 3.1.
4 - PAYMENT TERMS
4.1 Once goods are ordered payment shall be made for goods according to the
terms and conditions stated herein whether or not the goods have been delivered
and this contract can not be cancelled except where allowed at law.
4.2 Payment for goods shall be made in full on or before the 20th day of the
month following date of invoice, or on the receipt of delivery of goods, whichever
is the earlier (the due date).
4.3 Interest at the rate of 2.5% per month or part thereof may be charged on any
amount owing after the due date.
4.4 Any disbursements, expenses and legal costs incurred by the seller for default
in payment shall be paid by the customer, including any debt collection agency
fees, court costs or solicitor’s fees.
4.5 An administration fee of the greater amount of $25.00 or 10% of the amount
overdue will be payable 30 days after due date and the seller reserves the right to
terminate future supply.
4.6 Payment will be accepted by cash, cheque, electronic banking and credit card,
or by any other method as agreed in writing by the seller.
4.7 Payment may be made by instalments if agreed in writing by the seller.
5 - PRICE
5.1 Prices unless otherwise stated, do not include goods and services tax, other
taxes, levies or tariffs, freight or insurance charges, which if applicable, will be an
extra charge to the customer.
5.2 Price will be specified on the invoice or quotation and will be the current price
at time of delivery.
6 - RISK AND DELIVERY
6.1 The goods remain at the sellers risk until the delivery to the customer, but
when title passes to the customer the goods are at the customers risk no matter if
delivery has been made or not.
6.2 Delivery of goods shall be deemed complete when the seller gives possession
of the goods for delivery to the customer, or possession of the goods is given to a
general carrier, for delivery to the customer.
6.3 Where the seller delivers goods to the customer by instalments and the seller
fails to deliver one or more instalments, the customer shall not have the right to
recant the contract.
6.4 The seller shall not be liable to the customer for damage or loss due to failure
by the seller to deliver the goods promptly or at all.
7 - TITLE
7.1 Title in the goods passes to the customer when the customer has made
payment in full for all goods supplied by the seller.
7.2 The customer gives necessary authority to the seller to enter any premises
occupied by the customer, at any reasonable time, to remove any goods not paid
for in full by the customer. The seller shall not be liable for damages, costs or
expenses or any other losses suffered by the customer as a result of this action.
8 - LIMITATION OF LIABILITY
8.1 The seller shall not be liable for any loss of profits, or any consequential
indirect loss, or damage of any kind arising directly or indirectly from any breach of
the seller’s obligation under this contract or in tort.
8.2 Where the seller is liable to the customer, the maximum cost of any liability
shall not exceed the value of the goods or services provided by the seller to the
9 - NON WAIVER
9.1 Failure by the seller to enforce any of the terms & conditions contained in this
contract shall not be deemed to be a waiver of any of the rights the seller has in
this contract and is not liable for any indirect loss or expense to the customer.
10 - FORCE MAJEURE
10.1 The seller shall not be liable for failure or delay to perform its obligations if
the delay or failure is beyond its control.
11 - CONSUMER GUARANTEES ACT 1993
11.1 The guarantees contained in the Consumer Guarantees Act 1993 are
excluded where the customer acquires goods or services from the seller for the
purposes of a business.
11.2 If the customer on sells the goods to a third party, the customer shall
indemnify the seller for any losses incurred due to third party claims against the
12 - JURISDICTION
12.1 The contract shall in all respects be deemed to be a contract made in New
Zealand and the validity, construction and performance of the contract shall be
governed by New Zealand law.
13 - RETURN OF GOODS
13.1 The customer shall be deemed to have accepted the goods unless the
customer notifies the seller otherwise within 7 days of delivery of the goods to the
13.2 If the goods are not accepted according to clause 7.1 of this contract the
customer shall pay for the delivery of the returned goods to the seller.
13.3 The seller will not accept product returned for credit that is in anyway
damaged, or not of merchantable quality, or product that has been specially
manufactured or procured for the customer.
13.4 The seller, should agreement to accept returns be granted, shall be entitled
to charge the customer a re-stocking fee of 10% of the sell price for product
returned in good merchantable quality.
13.5 At the sellers discretion defective goods will be replaced or refunded by the
seller if the customer has notified the seller within 7 days of delivery.
14 - PERSONAL PROPERTY SECURITIES ACT 1999
14.1 The customer agrees that the provisions herein constitute a Security Interest
in Personal Property (as those terms are defined in the Personal Property
Securities Act 1999 (“PPSA”)) in respect of which the seller may register a
financing statement on the Personal Property Securities Register.
14.2 The customer hereby waives its rights contained in sections 116, 119,
120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA.
15 - ASSIGNMENT
15.1 The customer shall not assign all or any of its rights or obligations under this
contract without the written consent of the seller.
16 - CANCELLATION
16.1 The seller may cancel these terms and conditions or cancel delivery of goods
and services at any time before the goods are delivered by giving written notice.
The seller shall not be liable for any loss or damage arising from such
16.2 The customer may cancel delivery of goods at the seller’s sole discretion and
will be liable for any costs incurred by the seller.
17 - WARRANTY
17.1 For goods not manufactured by the seller the warranty shall be the current
warranty provided by the manufacturer of the goods. The seller shall be under no
liability whatsoever except for the express conditions as detailed and stipulated in
the manufacturers warranty.
17.2 Any fault in workmanship will lead to the customer notifying the seller within 7
18 - INTELLECTUAL PROPERTY
18.1 The seller shall not be liable in respect of any claim which may be made
against the seller for infringement of any letters, patent, registered design or
copyright which may arise as a result of the seller supplying goods to the
customer in accordance with these terms and conditions, and the customer
agrees to indemnify and keep indemnified the seller from and against all or any
such claims and against all loss, damage, costs and expenses incurred by or
recovered against the seller in respect of any such claim.
18.2 Any drawings, specifications and technical data submitted or made available
to the customer by the seller shall remain the property of the seller and the
customer shall be liable to the seller for any loss, damage, cost or expense
incurred by the seller as a result of any unauthorised use or disclosure by the
customer of any such drawings, specifications and technical data.
19 - MISCELLANEOUS
19.1 If anything in this agreement is unenforceable, illegal or void it is severed and
the rest of this agreement remains in force.
19.2 The customer may not claim any counter claim or set-off against any
payments due by it to the seller.
19.3 Under no circumstances shall the liability of the seller exceed the price of the
goods in the event of a breach of this contract.
19.4 The seller may license or sub-contract all or any part of its rights and
obligations without the customer’s consent.
19.5 The seller reserves the right to review and change these terms and
conditions at any time and will notify the customer of this in writing at which time
the changes will take effect.