Terms of Trade

 

Terms of Trade

1.      CREDIT TERMS: For account customers, payment for purchases must be made by the 20th of the month following the date of invoice. All other invoices are payable on receipt of goods. Supply on credit will be stopped on overdue accounts. If settlement of the overdue amount is not made, the debt may be passed on to a collection agency. All collection costs will be added to the outstanding debt.

2.      CREDIT INFORMATION: The account holder authorises Wanaka Signs to both seek and to provide credit information in relation to the account holder from time to time, from or to any third party.

3.      INTEREST: Wanaka Signs reserves the right to charge interest at the rate of 2% per month on any overdue portion of the account.

4.      DEPOSIT: Wanaka Signs reserves the right to request a deposit before work commences.

5.      WORKSHOP CHARGE: A workshop charge is payable on work carried out by Wanaka Signs as follows:

         <$150                   - $5

         $151-$500            - $10

         >$500                   - no charge

6.      PAYMENTS: Statements will be issued to account customers at the start of the month. Any queries regarding information thereon must be addressed prior to the due date. Cheques can be made payable to Wanaka Signs or to Mogerly Ltd. Payments can also be made by cash, Eftpos or direct credit into our bank account number: 03 1355 0451016 00.

7.      OWNERSHIP OF GOODS: The risk in all goods passes to the account holder upon delivery. Ownership of all goods remains with Wanaka Signs until payment is made in full for those goods. Wanaka Signs is authorised to enter the account holder’s premises and to reclaim any goods which have not been paid for.

8.      GOODS AND SERVICES TAX: All prices quoted by Wanaka Signs exclude GST. This will be added to each invoice and is payable at the same time as the payment for the goods purchased.

9.      COMPANY INSIGNIA: Wanaka Signs reserves the right to include a small insignia &/or method of contact on any order, as per any supplied proof unless prior arrangement has been made.

10.   PROOFS: Wanaka Signs shall not be liable for errors where a proof has been submitted and approved by the customer. They shall not be liable for any indirect or consequential loss or damage to the customer or for any loss to the customer arising from third party claims arising from errors in carrying out the work.

11.   COPYRIGHT: The customer confirms that they are the owner of the copyright or has express authorisation from the owner of the copyright in respect of any image, photograph, picture, illustration, or any other reproducible materials (“Material”) supplied to Wanaka Signs for the copying and/or incorporation of Material into the design work. The customer also agrees to indemnify Wanaka Signs and its agents and representatives for any claims, costs, expenses or losses and damages it may suffer due to a claim from a third party including, without limitation, any claim that there has been an infringement of any copyright in the Material supplied to Wanaka Signs.

12.   VENDOR’S LIABILITY: If Wanaka Signs is under any liability to the customer then whether such liability is in contract, tort or otherwise and notwithstanding any relief or remedy to which Wanaka Signs may be entitled to under the Contractual Remedies Act 1979 or at law or in equity, such liability shall be limited to the price at which the goods and services are supplied to the customer or the actual loss or damage suffered by the customer, whichever is the lesser. Under no circumstances will Wanaka Signs be liable for indirect or consequential loss of any kind whatsoever.

13.   DISPUTES: i) The customer must give Wanaka Signs notice in writing forthwith if the customer disputes any invoice or is not satisfied with any job. The parties shall discuss the dispute in good faith and attempt to resolve the dispute within 20 days of the date of the customer bringing it to the notice of Wanaka Signs. Pending resolution of the dispute the customer shall forthwith pay that part of the invoice not in dispute. ii) Either party may refer any dispute between the parties to arbitration under the Arbitration Act 1996 or any Act passed in amendment thereof or in substitution thereof provided that any amount awarded if limited as set out in clause 12 above.

14.   WAIVER: No waiver or omission to act by Wanaka Signs at any time shall effect or impair the way or the rights of Wanaka Signs to avail itself of the remedies it may have.

15.   PRIVACY ACT 1993: i) The information contained in any application or order by the customer is being collected by Wanaka Signs primarily for the purpose of communicating with the customer and determining the credit worthiness of the customer. The information collected will be used by Wanaka Signs or by any third party nominated by Wanaka Signs for this purpose. Wanaka Signs shall hold the information collected and the customer acknowledges the voluntary supply of the information. The customer acknowledges that should the information requested by Wanaka Signs be withheld Wanaka Signs is entitled to reject any application or order by the customer at Wanaka Signs discretion. ii) Wanaka Signs acknowledges the customer’s right to access and to correct the information collected concerning the customer. iii) The customer agrees that Wanaka Signs may obtain information about the customer from any person (including any credit or debt collection agency) in the course of Wanaka Signs business, including credit assessment, debt collecting and direct marketing activities, and the customer consents to any person providing Wanaka Signs with such information. iv) The customer agrees that Wanaka Signs may use any information it has about the customer relating to the customer’s credit worthiness and give that information to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes. The customer agrees that any other information collected by Wanaka Signs about the customer may be used by Wanaka Signs in the course of its business. v) The customer shall notify Wanaka Signs of any change in circumstances which may affect the accuracy of the information provided by the customer to Wanaka Signs.

16.   ENTIRE AGREEMENT: Unless expressly provided otherwise any agreement between Wanaka Signs and the customer, these terms and conditions constitute the entire agreement, understanding and arrangements (expressed or implied) relating to the sale of goods from Wanaka Signs to the customer and supersede and cancel any previous agreement, understanding and arrangement relating thereto whether written or oral.

17.   AMENDMENT: These terms and conditions may be amended by Wanaka Signs giving the customer notice in writing of the amendment.

18.   LIMITATION OF LIABILITY: i) If due to any event beyond our control including but not limited to war, national emergency, flood, fire, earthquake, cyclone or other natural catastrophe, import or export embargo, boycott, strike, lockout we fail to fulfill our obligations in the manner and within the time required by the terms of this agreement, we shall not be held responsible for any loss or damage incurred by you as a result of such failure. ii) The customer agrees to indemnify Wanaka Signs and its agents and representatives for any claims, costs, expenses or losses and damages it may suffer due to a claim from a third party including, without limitation, any claim that there has been an infringement of any copyright in the Material supplied to Wanaka Signs.

19.   RETURN OF GOODS: i) Goods cannot be returned for credit or refund unless they are defective and/or the work materially differs from that approved by the customer when confirming the order. Any claims for credit or refund must be sent in writing to Wanaka Signs within seven days of goods being received. ii) All jobs to be reprinted/redone must be returned before the replacement job is dispatched.

20.   These terms and conditions are subject to New Zealand law. Any mediation or Court proceedings relating to these terms and conditions must be brought and heard in New Zealand.

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please use our online quote form.

 

For all other enquiries please contact us

ph. 03 443 1837

info@wanakasigns.co.nz