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Terms and Conditions of Credit and Trade
Part of being open and honest with our customers and providing you with the very best service that we can offer, Alpha GMP Prographic Ltd. believes that you should understand your rights when dealing with us.
If you have any questions or concerns regarding anything contained in our Terms and Conditions of Credit and Trade, please don't hesitate to contact us.
Alpha GMP Prographics Ltd. Terms and Conditions of Credit and Trade
The Company means Alpha GMP Prographics Ltd.
‘Goods’ are products provided by the Company in the normal course of the Company’s business to the Customer from time to time and includes but is not limited to laminating machines and film, card printers, binding machines and products, trimmers and stands, inflatable packaging products and all associated laminating, binding and printing accessories, and includes all proceeds of such goods provided. Where the goods supplied are the Customer’s inventory then all references to goods shall in respect of those goods be read as references to the inventory; and where the goods supplied are not inventory then all references to goods shall in respect of those goods mean the goods described in any one or more of the relevant order form, packing slip, tax invoice or invoice relating to those goods on the basis that each order form, packing slip, tax invoice or invoice shall be deemed to be incorporated in and form part of the terms and conditions of sale. ‘Service’ is any work done by the Company or its representatives in the normal course of the Company’s business for the Customer from time to time. “Customer” means the applicant pursuant to this form. Where the Customer is a company it means the registered name of the company. Where the Customer is a sole trader it means the full name of the sole trader. Where the Customer is a partnership it means both the partnership name and each partner of the partnership.
PPSA means the Personal Property Securities Act 1999.
PMSI means a purchase money security interest as defined in the PPSA.
Pricing
Prices for goods or services will be either quoted to the Customer in writing, or if no written quote is provided, then at the Company’s standard charges applying at the time. The Company may withdraw any quotation by way of notice before it is accepted and in any event, any quotation will lapse without notice 30 days after it is given. The Company reserves the right to alter the quoted price prior to delivery, in which case notice of will be given. All prices quoted are exclusive of GST and any other duties or taxes, GST and any other duties and taxes will be payable as an additional amount on all prices charged.
Unless otherwise stated in a quotation, order form, packing slip, tax invoice, invoice or expressly agreed to in writing prior to the payment for the goods or services, prices exclude (where applicable) freight, insurance and delivery charges, such charges will be additional to the price quoted.
Credit Application
The Company reserves the right to deny applicants credit without reason or cause. The Company also reserves the right to extend credit to any party who has failed to sign the credit application form. Click to open a Customer Credit Application Form.
Payment and Credit Conditions
Unless otherwise stated in a quotation, order form, packing slip, tax invoice, invoice or expressly agreed to in writing, payment is due in full on or before the 20th of the month following delivery and until full and final payment is made to the Company, any goods supplied to the Customer by the Company shall remain the property of the Company and may be taken back by employees/agents of the Company if payment is overdue. The Company reserves the right to terminate or suspend any credit arrangement with the Customer without notice on default of full and final payment.
If payment is not made in full on the due date of the month or on the date otherwise agreed to in a quotation, order form, packing slip, tax invoice, invoice or expressly agreed to in writing, the Customer may be liable, at our discretion, to pay in addition to the invoiced price penalty interest on the balance outstanding, calculated on a daily basis at a rate of 2½% per month during the period of default up until the receipt of full and final payment of the outstanding balance owed to the Company. All efforts must be taken to indemnify the Company and the Customer will be liable for collection costs plus all legal costs on a solicitor/client basis which Alpha GMP may incur recovering costs associated with the Customer’s default payment. The Company at its discretion may cancel or withhold the supply of further goods.
This section entitled ‘Payment and Credit Conditions’ does not apply if payment for the goods and services provided by the Company to the Customer has been received in full and acknowledged by the Company.
Security Interest
To secure payment of all amounts owing by the Customer to the Company from time to time, the Customer as debtor grants a security interest in all the goods previously supplied by the Company to the Customer and all after acquired goods supplied by the Company to the Customer. The Customer agrees that the goods are collateral securing payment of all outstanding indebtedness owing by the Customer to the Company
The Customer acknowledges and agrees that the security interest given to the Company includes a security interest in all proceeds of collateral. The Customer acknowledges and agrees that the security interest given to the Company is a PMSI.
The Customer agrees to waive its right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest and that the Customer contracts out of sections 114(a), 117(1)(c), 133 or 134 of the PPSA. The rights of debtor in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA do not apply to the security interest given by the Customer to the Company
The Customer agrees to provide any information or sign any document required under the PPSA and the regulations under the PPSA to enable the Company to register a financing statement or a financing change statement.
The Company may allocate any money received in payment for goods supplied towards debts, charges and expenses owing in any priority it determines so that such payments can be applied in partial payment of all or any outstanding invoices to maintain a PMSI in the goods.
Delivery and non-availability
Any delivery dates quoted by the Company are estimates only. The Company will endeavour to the extent which is reasonable to see that deliveries are made according to schedule but shall not be responsible for delivery delays due to causes beyond the Company’s control and the Customer agrees to accept delivery as soon as the goods are able to be delivered. Unless otherwise agreed, delivery of the goods will be made to the Customer’s place of business at their own expense. All goods ordered by the Customer are subject to such goods being available for delivery and the Company accepts no responsibility for non-availability of goods.
Retention of Title
Ownership and title of the goods shall not pass to the Customer until receipt of full payment by the Company, including interest and expenses if applicable. Until such payment is made, the Customer will hold the goods as bailee for the Company and the Company shall have the right to enter the premises occupied by the Customer and take possession of any of those goods at any time after payment is due.
If the goods are resold before payment is made, the Customer shall hold the sale proceeds for and on account of the Company, the proceeds of any such sale will reduce the debt to owed to the Company and the Company reserves the right to take such legal remedies as are available to it to recover any balance outstanding.
Risk
The risk of any loss or damage to or deterioration of goods shall pass to the Customer when the Customer takes possession of those goods.
Customer’s Property
The Company will take reasonable care of the Customer’s property but the risk shall be on the Customer and the Company shall not be responsible for any damage. Unless otherwise agreed in writing the Company will not be responsible for insurance cover.
Product Warranty
The express terms and conditions of warranty for individual products are contained in a separate “Product Warranty Form”. These forms are product specific and the appropriate form is incorporated into the contract for sale as part of our general terms and conditions of trade and credit.
General Warranties
The Customer is deemed to have purchased the goods in sole reliance on the Customers own judgment. The Company is taken to have made no binding representation, warranty or guarantee in respect of any product or service and none will be taken to have been given beyond what is accepted as being part of the Company’s ordinary course of business. No binding representation, warranty or guarantee will be given that the goods or services supplied to the Customer are fit or suitable for any purpose not made known to the Company or for any market requirement.
Damaged Goods
If on the delivery of the goods the Customer finds the goods have been damaged in some way, the Customer must inform the Company within 7 working days from the day of delivery. The Company reserves the right to repair, replace or if payment has already been made, reimburse the full price as stated in the invoice. The Customer is responsible for all associated costs of returning the product to the Company including freight, insurance and delivery charges.
Repairs and Maintenance
The Company will endeavor to resolve, fix or maintain any product as part of its repair and maintenance service. The Company offers no guarantee as to the outcome of this service. If any additional cost is to be incurred above that which was stated in the original quote, the Company will contact the Customer before that cost is to be incurred. The Company reserves the right to withdraw or cease the service at any time and notice will be given to the Customer in writing and full reimbursement will be given of any monies paid for the services procured.
Supplier’s Liability
Where the Customer is a company or a person acquiring or holding him or her self out as acquiring goods or services or both for the purposes of a business, the Consumer Guarantees Act 1993 will not apply to the supply of goods under this agreement. The Customer indemnifies the Company in respect of any failure to comply with this provision.
The Company will not be responsible for any indirect or consequential loss to the Customer or to any third party arising from errors in the work done or from delay in delivery. No warranty is given or responsibility accepted by the supplier to ensure that finished or any goods produced comply with the requirements of any legislation relating to the marking and/or labeling, and/or packaging of goods. Compliance with any such legislation shall be the Customer’s responsibility.
The Company shall not be responsible for any delay, default, or consequential loss or damage due to any industrial disputes, accidents, natural disasters, acts of terrorism, equipment failure, mischievous damage or other cause beyond the Company’s control.
Dispute Resolution
The attention of the Customer is drawn to the mediation facility offered by Printing Industries New Zealand Incorporated. The law applicable to the supply of the goods shall be the law of New Zealand and any disputes shall be adjudicated in the New Zealand Courts.
Terms of Contract
Any goods supplied by the Company shall be subject to these terms and conditions unless otherwise agreed in writing. The Customer’s acceptance of goods from the Company is deemed to be acceptance of these terms notwithstanding anything that may be stated to the contrary in or contained in the Customer’s quotation, order form, packing slip, tax invoice, invoice or anything agreed to in writing and whether the Customer has signed the declaration herein.
Waivers of or changes to these terms and conditions are effective only if made in writing and signed on behalf of the Company. The Company reserves the right to modify these terms and conditions at any time.
Download Credit Application Form/Terms and Conditions of Credit and Trade
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