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 Espial Marketing 2018 Ltd 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: Espial Marketing 2018 Ltd reserves the right to charge interest at the rate of 2% per month on any overdue portion of the account.
4. DEPOSIT: Espial Marketing 2018 Ltd reserves the right to request a deposit before work commences.
5. 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. Payments can be made by cash, Eftpos or direct credit into our bank account number: 01 0274 0404280 00. Credit card payments will incur a 3% processing fee.
6. OWNERSHIP OF GOODS: The risk in all goods passes to the account holder upon delivery. Ownership of all goods remains with Espial Marketing 2018 Ltds until payment is made in full for those goods. Espial Marketing 2018 Ltd is authorised to enter the account holder’s premises and to reclaim any goods which have not been paid for.
7. GOODS AND SERVICES TAX: All prices quoted by Espial Marketing 2018 Ltd exclude GST. This will be added to each invoice and is payable at the same time as the payment for the goods purchased.
8. DISPUTES: i) The customer must give Espial Marketing 2018 Ltd notice in writing forthwith if the customer disputes any invoice. 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 Espial Marketing 2018 Ltd. Pending resolution of the dispute the customer shall forthwith pay that part of the invoice not in dispute.
9. WAIVER: No waiver or omission to act by Espial Marketing 2018 Ltd at any time shall effect or impair the way or the rights of Espial Marketing 2018 Ltd to avail itself of the remedies it may have.
10. PRIVACY ACT 1993: i) The information contained in any application or order by the customer is being collected by Espial Marketing 2018 Ltd primarily for the purpose of communicating with the customer and determining the credit worthiness of the customer. The information collected will be used by Espial Marketing 2018 Ltd or by any third party nominated by them for this purpose. Espial Marketing 2018 Ltd shall hold the information collected and the customer acknowledges the voluntary supply of the information. The customer acknowledges that should the information requested by Espial Marketing 2018 Ltd be withheld Espial Marketing 2018 Ltd is entitled to reject any application or order by the customer at Espial Marketing 2018 Ltd discretion. ii) Espial Marketing 2018 Ltd acknowledges the customer’s right to access and to correct the information collected concerning the customer. iii) The customer agrees that Espial Marketing 2018 Ltd may obtain information about the customer from any person (including any credit or debt collection agency) in the course of Espial Marketing 2018 Ltd business, including credit assessment, debt collecting and direct marketing activities, and the customer consents to any person providing Espial Marketing 2018 Ltd with such information. iv) The customer agrees that Espial Marketing 2018 Ltd 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 Espial Marketing 2018 Ltd about the customer may be used by Espial Marketing 2018 Ltd in the course of its business. v) The customer shall notify Espial Marketing 2018 Ltd of any change in circumstances which may affect the accuracy of the information provided by the customer to Espial Marketing 2018 Ltd.
11. ENTIRE AGREEMENT: Unless expressly provided otherwise any agreement between Espial Marketing 2018 Ltd and the customer, these terms and conditions constitute the entire agreement, understanding and arrangements (expressed or implied) relating to the sale of goods from Espial Marketing 2018 Ltd to the customer and supersede and cancel any previous agreement, understanding and arrangement relating thereto whether written or oral.
12. AMENDMENT: These terms and conditions may be amended by Espial Marketing 2018 Ltd giving the customer notice in writing of the amendment.
13. 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 Espial Marketing 2018 Ltd 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 Espial Marketing 2018 Ltd.
14. RETURN OF GOODS: i) Goods cannot be returned for credit or refund unless they are defective and/or the goods materially differs from that described in any promotional material. Any claims for credit or refund must be sent in writing to Espial Marketing 2018 Ltd within 24 hours of goods being received.
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.