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POINT OF SALE AND DISPLAY SOLUTIONS

Terms & Conditions

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  1. DEFINITIONS

1.1 “We”, “us” and “our” shall mean Creative Acrylic Ltd, or any agents or employees thereof.

1.2 “You” and “your” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods from us.

1.3 “Goods” shall mean all goods, chattels, or services, provided by us to you, and shall include all goods chattels or services provided by us to you shall include, without limitation, the manufacture of counter stands and point of sale displays and the supply of general plastic fabrication and all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods by us to you

1.4 “Price” shall mean the cost of the goods as agreed between us and you subject to clause 4 of this contract.

  1. ACCEPTANCE

2.1 Any instructions received by us from you for the supply of goods shall constitute acceptance of the terms and conditions contained herein. These terms and conditions shall apply to the future orders you make with us and any terms or conditions to the contrary of these terms and conditions shall not apply.

  1. COLLECTION AND USE OF INFORMATION

3.1 You authorise us to collect, retain and use any information about you, or for the purpose of assessing your credit worthiness, enforcing and rights under this contract, or marketing any goods and services provided by us to any other party.

3.2 You authorise us to disclose any information obtained to any person for the purposes set out in clause 3.1.

3.3 Where you are a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

  1. PRICE

4.1 All prices are exclusive of GST, freight costs, installation and any other applicable taxes and duties and may be subject to increase due to exchange rate fluctuations and such items and increases are payable in addition to the price.

4.2 Where no price is stated in writing or agreed to orally the goods shall be deemed to be sold at the current amount as such goods are sold by us at the time of the contract.

4.3 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of us between the date of the contract and delivery of the goods.

  1. PAYMENT

5.1 Payment for goods shall be made in full on or before the 20th day of the month following the date of the invoice, or on receipt of delivery of goods, whichever is the earlier (“the due date”).

5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% above the rate charged by our Bank in respect of overdraft accounts.

5.3 Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in this contract shall be paid by you, including any reasonable solicitor’s fees or debt collection agency fees.

5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

  1. QUOTATION

6.1 Where a quotation is given by us for goods: 6.1.1 We reserve the right to withdraw the quotation without notice at any time before acceptance; and

6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.

6.2 Where goods are required in addition to the quotation you agree to pay for the additional cost of such goods.

  1. RISK

7.1 The goods remain at our risk until the delivery to you, but when title passes to you pursuant to clause 9.1 of this contract the goods are at your risk whether delivery has been made or not.

7.2 Delivery shall be made at the place indicated by you and if no place shall be indicated then delivery shall be made at your premises. If you fail or refuse to take or accept delivery, then the goods shall be deemed to be delivered when we were willing to deliver them.

7.3 The time agreed for delivery shall not be an essential term of the contract unless you give written notice to us making time of the essence.

7.4 Where we deliver the goods to you by instalments, and we fail to deliver one or more instalments you shall not have the right to cancel the contract but shall have the right to claim compensation as a severable breach.

7.5 Delivery date where specified is subject to our suppliers’ stock levels and / or order production schedules and accordingly we reserve the right to alter delivery dates.

  1. AGENCY

8.1 You authorise us to contract either as principal or agent for the provision of goods that are the matter of this contract.

8.2 Where we enter into a contract of the type referred to in clause 8.1 it shall be read with, and form part of this agreement and you agree to pay any amounts due under that contract.

  1. TITLE

9.1 If the goods are ascertained and in a deliverable state, title in the foods passes to you when you have made payment for all goods supplied to us.

9.2 Where you have not paid for any goods in its possession property in such goods shall remain with us and: 9.2.1 The goods shall be held by you as bailee; and

9.2.2 If the goods are attached, fixed, or incorporated into any property of yours, by way of any manufacturing or assembly process by you or any third party, title in the goods shall remain with us until you have made payment for all goods, and where those goods are mixed with other property so as to be part of or a constituent of any new goods , title of these new goods shall deemed to be assigned to us as security for the full satisfaction by you of the full amount owing between us and you.

9.3 You give reasonable irrevocable authority to us to enter any premises occupied by you, at any reasonable time, to remove any goods not paid in full by you. We shall not be liable for costs, damages or expenses to any other losses incurred by you or any third party because of this action, nor liable in contract or in tort or otherwise in any way whatsoever.

  1. RETURN OF GOODS

10.1 No claims for damaged or otherwise defective goods or for recognised after 14 days from receipt of the goods.

  1. LIABILITY

11.1 Except as otherwise provided by statute we shall not be liable for: 11.1.1 Any loss or damage of any kind whatsoever whether suffered or incurred by you or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by us to you and without limiting the generality of the foregoing of this clause we shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and

11.1.2 For any loss, damage, or injury beyond the value of the goods provided by us to you in contract, or in tort, or otherwise: and

11.2 You shall indemnify us against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising because of the negligence of us or otherwise, brought by any person in the connection with any matter, act, omission, or error by us, our agents, or employees in connection with the goods.

  1. CONSUMER GUARANTEES ACT

12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire goods or services from us for the purposes of a business in terms of section 2 and 43 of that act. 

  1. GENERAL LIEN

13.1 You agree that we may exercise a general lien against any goods of any property belonging to you that is in the possession of us for all sums outstanding under this contract and any other contract to which you and the company are parties.

13.2 If the lien is not satisfied within 7 days of the due date we may having given notice of the lien at it option either: 13.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by Us to the Customer; and

13.2.2 The Customer shall indemnify Us against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Us or otherwise, brought by any person in connection with any matter, act, omission, or error by Us its agents or employees in connection with the Goods.

  1. WARRANTY

14.1 No representation, condition, warranty or promise expressed or implied by law or otherwise applied to goods except where goods are supplied pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract. This disclaimer includes implied warranties as to merchantability and fitness for a particular purpose.

14.2 We do not provide any warranty that the Goods are fit and suitable for the purpose for which they are required by you and shall not be liable if they are not.

14.3 Where we are producing goods to specifications supplied by you, you warrant that you are entitled to so produce the goods and agree to indemnify and hold Us harmless against any loss, cost, liability, or expense resulting from infringement or claimed infringement of any patent trademark registered design, copyright or other rights held by persons other than Us.

14.4 Should any claim be made against Us by virtue of its production or making delivery of the goods covered by any order that we are infringing or contributing to the infringement of any intellectual property or other right, We may at our option thereupon or at any time during the continuance of such claims suspend deliveries under or terminate the order and you agreed thereupon to make payment to Us as if such termination were a cancellation for the purpose of condition Clause 17.1 and 17.2 hereof.

  1. CONSUMER GUARANTEES ACT

15.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods from Us for the purposes of a business in terms of section 2 and 43 of that Act.

  1. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

16.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Us agreeing to supply Goods and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Us the payment of any and all monies now or hereafter owed by the Customer to Us and indemnify Us against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.

  1. CANCELLATION

17.1 Any cancellation or suspension of this agreement shall not affect Our claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to Us under this contract.

  1. MISCELLANEOUS

18.1 We shall not be liable for delay or failure to perform Our obligations if the cause of the delay or failure is beyond Our control.

18.2 Failure by Us to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations We have under this contract.

18.3 If any provision of this contract shall be invalid, void, or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

18.4 The client shall not assign all or any of its rights or obligations under this contract without the written consent of Us.