Terms & Conditions
Definitions
"Company" means Combined Tanning Supplies Limited. "You”,"Your" "Applicant" means the name under which this account will be opened. "Agreement" means Account Application and these Terms & Conditions.
Headings
Headings in this Agreement are for the purpose of ease of reading, and in no way effect the content of this agreement.
1.__________Credit Enquiries/Privacy Act 1993
By completing the account application, You authorise the Company to obtain information from any source in support of Your Application for a credit account. The information obtained will be held by the Company for the purpose of assessing Your credit worthiness both now and in the future while this agreement remains in force. If You are an individual as outlined in the Privacy Act 1993, You may ask to see information held about You, and request that correction (if appropriate) be made to the information.
2.__________Limit of Liability
Where You are a "Business" as defined in the Comsumers Guarantee Act 1993, and You are acquiring the Company's goods ("Goods")(and/or services) for the purpose of a business, the Consumer Guarantees Act 1993 does not apply. The company contracts out of the Sales of Goods Act 1908, this agreement represents the entire understanding between the Company and Yourself, and takes precedence if any inconsistencies arise.
The Company accepts no responsibility in respect of a loss of any kind suffered by You, whether direct or indirect, consequential or economic, profits, expenses or otherwise, because of an act on behalf of the Company, an employee, or an agent, whether such act was through negligence or omission, or through failure to supply the Goods (or service) of a particular nature, type or size, or failure to provide within a specified time period or otherwise. In any case, and at the Company's sole discretion, liability shall be limited to the amount You would have paid sould the transaction have met those requirements.
You are relying on Your own judgement regarding the nature, quality, and condition of the Goods and their sufficiency for any purpose. No representation by the Company or its servants or agents whether orally or in writing shall constitute a sale by definition.
3.__________Prices
It is Your responsibility to ensure that the purchase price of the Goods meets with Your expectations and requirements before the Company dispatches the Goods to You. Wherever possible, the Company will advise You in reasonable time at any price increases relevant to your business. The Company reserves the right to increase prices at any time to cover any increases in the cost of labour, materials, Government taxes, or delivery costs (where applicable). Wherever possible, the Company will advise You in reasonable time of any price increases relevant to Your business.
4.__________Supply of Goods
The Company does not supply Goods on a "sale or return" and all sales are deemed final. Where at the discretion of the Company, the Company has agreed to accept Goods for return:
Where You have ordered Goods from the Company and Your order has been accepted, no cancellation or alterations may be made to the order without the express written consent of the Company. The company retains the right to charge reasonable costs incurred where the Company accepts a cancellation. The Company retains the right to accept or decline and order of Goods in whole or part, and/or to sub-contract the supply of Goods, and nothing in this agreement shall be negated for failure to deliver the full content of any order. Any claims for damaged or defective Goods, must be made within 36 hours of delivery of the Goods to You, and the Goods must be held until the Company advises in writing that the Goods may be destroyed. Failure to retain defective or damaged Goods until notified in writing they may be destroyed, may result in Your claim being rejected. The Company retains the right to determine whether it replaces or provides a credit to Your account for any Goods found to be damaged or defective.
5.__________Invoice Queries
Any invoice concerns must be notified to the Company within seven (7) days of the date appearing on the invoice. You must supply the Company with reasonable documentation to substantiate Your claim. The Company's decision shall be final in all claims relating to the quantum or any other item on an invoice.6.__________Delivery
If the Goods are ready for delivery on the specified date by You, and You do not accept, or are unable to accept delivery, or the Company's carriers cannot gain access to make delivery, the Company shall be entitled to invoice You for the Goods as if the Goods had been delivered and for any delivery charges incurred. Where Goods have been delivered to Your premises by the Company or their carriers, no claim for shortages will be accepted where the delivery documents have not been amended to show the actual Goods delivered, and signed by You and a representative of the carrier company.7.__________Retention of Title
Subject to any applicable and relevant law, property in any Goods will not pass to You and upon receipt of the Goods You will be a bailee only in respect of them until You have paid all amounts owing by You to the Company. Until such time, You will store and identify the Goods in such a way that the Goods are clearly identified as the Company’s property. Prior to the property in the Goods passing to You, You will be entitled, as the Company’s agent, to sell the Goods to a third party, provided that You will be fully accountable to the Company for all proceeds derived from any such sale and will deposit the proceeds from any such sale so as to clearly identify them as the Company’s property. The authority to sell the Goods under this clause 7 will immediately be revoked if You:
8.__________Payment Terms
Where not specified, all amounts are stated exclusive of goods and services tax ("GST") and are payable plus GST. All invoices are payable on the 20th of the month following invoice date. All amounts due to the Company must be paid without deduction regardless of any claim You may have against the Company. The Company may apply any money received for credit to Your account at its sole discretion. Should payment not be received by the Company on or before the due date for payment, the Company may charge a late payment fee of 18% per annum calculated daily and accruing monthly at the end of each calendar month, on any invoice or part invoice unpaid. The late payment fee to be calculated from the due date of payment to the actual date of payment. Any payments received for credit to Your account where a late payment fee has been applied, shall be credited firstly against the late payment fee and secondly in reduction of any invoices outstanding. If Your account is operating outside the terms and conditions of this Agreement, the Company may suspend the credit facility until such time as the account is operating within these terms and conditions.9.__________Payment Default
Where You are in default of the terms and conditions as outlined in this Agreement, the Company may lodge the particulars of your default with any credit bureau or agency at its discretion. The Company is not liable for any action which may be taken by any party who becomes aware of the default lodged against You and, at the sole discretion of the Company, the responsibility of the Company shall be to arrange for the removal of the default notice, should the default be found to be without substance, or alternatively to arrange for the default to be noted as having been paid, if this is in fact the situation. You undertake to indemnify and make payment on all of the Company's costs, including all costs as between solicitor and client, debt collection costs, or other whether these costs be on a fixed or contingent basis, in regard to the collection of any monies owed by You. Should the Company choose to extend to You for any reason credit over and above the payment terms stipulated in this Agreement, the Company retains the right at all times to request immediate payment of the total amount outstanding of Your account, and undertake collection action to recover any balance outstanding.10.__________Change of Ownership
The Company may assign to another party the whole or part of this Agreement. Where the Company assigns to any other person or company all or part of Your indebtedness to the Company, the assignee shall be entitled to claim all or part at the indebtedness and shall have the same rights of recovery as the Company. This Agreement is personal to You. You may not assign this Agreement at any time to another party. Should ownership of Your business be assigned in any form, or should the liability of Your accounts payable under this Agreement be taken over or assigned to another party, the Company shall consider this Agreement to have been assigned, and will be entitled to cancel the Agreement Where You have assigned ownership of Your business in any form, and You have not formally notified the Company in writing pursuant to the "Cancellation of Agreement" provisions of this Agreement, You shall continue to remain liable for any purchases authorised by the new owners of the business as if You had ordered the Goods, until such time as the Company becomes aware of the assignment of the business.11.__________Cancellation of Agreement
This Agreement will remain in force until notification in writing is given by either party cancelling this Agreement, or the Agreement is cancelled pursuant to the provisions outlined under Change of Ownership. No reason for cancellation needs to be given. Cancellation of the Agreement will not negate in any form Your liability for any charges incurred as a consequence of this Agreement. Upon cancellation, all amounts due, either current or outstanding, will become immediately due for payment Notwithstanding any of the clauses stipulated in this Agreement, and notwithstanding any other rights the Company has under this Agreement, the Company may immediately terminate this Agreement without notice, and all payment shall immediately become due to the Company where all or any of the following situations occur:12.__________Legal Issues
This Agreement is governed by the laws of New Zealand and any legal proceedings required to be commenced or continued pursuant to this Agreement shall be held in a Court in New Zealand. Any part of these provisions is severable, and if any provision in this Agreement is held to be invalid or unenforceable for any reason, then the unenforceability of that condition shall not effect the remainder of these terms and conditions which shall remain in full force and effect, and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of this Agreement. If the Company fails, or appears to fail to enforce any of the Company's rights under this Agreement, the Company has not waived or minimised those rights, and retains the right to enforce the terms and conditions of this Agreement at any point in time of the Company's choosing. The Company may, upon giving written notice to You, amend these terms and conditions and the amended Terms and Conditions shall have been deemed to have been accepted by You seven (7) days after the date of delivery, or seven (7) days after the date of notification, whichever occurs first. No variations to this Agreement will be accepted unless approved in writing by the Company.13.__________Address for Notification
It is Your responsibility to ensure the Company is kept informed in writing of all changes of address and contact details. Notice in writing may be served on either party by personal service or by posting to the address as set out in this agreement or if the address has been superseded to the last known trading, postal or residential address.14.__________Acceptance of Agreement
In placing you first order with the Company it is deemed that you have accepted the Company's terms & conditions. It is Your responsibility to ensure that you have read and understand the terms & conditions relating to this Agreement prior to placing your first order.Web Design by Albany based Exceed Online, offering Web Design and Search Marketing services.