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
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
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.